Sunshine Act Meeting, 71870-71871 [2015-29408]
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Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices
records that may pose a threat to the
safety of Exchange personnel or the
security of facilities and records,
thereby enhancing business continuity,
workplace safety and the security of the
Exchange’s operations and helping to
protect investors and the public interest.
Continuing to run fingerprint-based
background checks is imperative for the
Exchange and its affiliates, as this
process helps to identify persons with
criminal history records who may pose
a threat to the safety of Exchange
personnel and/or the security of
Exchange facilities and records. This
identification and screening process
thus enhances business continuity,
workplace safety, and the security of the
Exchange’s operations. The use of an
FBI-approved Channel Partner in some
or all phases of this process is consistent
with Rule 28 and applicable state and
federal law, and in furtherance of the
important objectives described herein.
Additionally, the use of a Channel
Partner is consistent with the
fingerprinting method currently
employed by other SROs.13 For all these
reasons, the proposal is also designed to
protect investors as well as the public
interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change would impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change would enhance
the security of the Exchange’s facilities
and records without adding any burden
on market participants and allow the
Exchange continued compliance with
its fingerprinting rules and with Section
17(f)(2) of the Act as amended by the
Dodd-Frank Act.14
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
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III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 15 and Rule 19b–4(f)(1) 16
thereunder. The proposed rule change
effects a change that constitutes a stated
13 See
note 9, supra.
Section 929S of the Dodd-Frank Act.
15 15 U.S.C. 78s(b)(3)(A).
16 17 CFR 240.19b–4(f)(6).
14 See
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policy, practice or interpretation with
respect to the meaning, administration,
or enforcement of an existing rule.
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission will institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSE–2015–45 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSE–2015–45. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between 10 a.m. and 3
p.m. Copies of the filing will also be
available for inspection and copying at
the NYSE’s principal office and on its
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Internet Web site at www.nyse.com. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–NYSE–2015–45 and should
be submitted on or before December 8,
2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–29228 Filed 11–16–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Thursday, November 19, 2015 at 4
p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or her designee, has
certified that, in her opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matter at the Closed Meeting.
Commissioner Stein, as duty officer,
voted to consider the items listed for the
Closed Meeting in closed session.
The subject matter of the Closed
Meeting will be:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact the Office of the Secretary at
(202) 551–5400.
17 17
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CFR 200.30–3(a)(12).
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Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices
Dated: November 12, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–29408 Filed 11–13–15; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736.
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Extension:
Rule 17a–12/Form X–17A–5 Part IIB; SEC
File No. 270–442, OMB Control No.
3235–0498.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Rule 17a–12 (17 CFR 240.17a–12) and
Part IIB of Form X–17A–5 (17 CFR
249.617) under the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.).
Rule17a–12 requires OTC derivatives
dealers to file quarterly Financial and
Operational Combined Uniform Single
Reports (‘‘FOCUS’’ reports) on Part IIB
of Form X–17A–5, the basic document
for reporting the financial and
operational condition of over-thecounter (‘‘OTC’’) derivatives dealers.
Rule 17a–12 also requires that OTC
derivatives dealers file audited financial
statements annually. The reports
required under Rule 17a–12 provide the
Commission with information used to
monitor the operations of OTC
derivatives dealers and to enforce their
compliance with the Commission’s
rules. These reports also enable the
Commission to review the business
activities of OTC derivatives dealers and
to anticipate, where possible, how these
dealers may be affected by significant
economic events.
There are currently four registered
OTC derivatives dealers. The staff
expects that one additional firm will
register as an OTC derivatives dealer
within the next three years. The staff
estimates that the average amount of
time necessary to prepare and file the
quarterly reports required by the rule is
eighty hours per OTC derivatives
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dealer 1 and that the average amount of
time to prepare and file the annual audit
report is 100 hours per OTC derivatives
dealer per year, for a total reporting
burden of 180 hours per OTC
derivatives dealer annually. Thus the
staff estimates that the total industrywide reporting burden to comply with
the requirements of Rule 17a–12 is 900
hours per year (180 × 5). Further, the
Commission estimates that the total
internal compliance cost associated
with this requirement is approximately
$255,000 per year.2 The average annual
reporting cost per broker-dealer for an
independent public accountant to
examine the financial statements is
approximately $46,300 per brokerdealer. Thus, the total industry-wide
annual reporting cost is approximately
$231,500 ($46,300 × 5).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
The public may view background
documentation for this information
collection at the following Web site:
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to: Shagufta_
Ahmed@omb.eop.gov; and (ii) Pamela
Dyson, Director/Chief Information
Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon,
100 F Street NE., Washington, DC
20549, or by sending an email to PRA_
Mailbox@sec.gov. Comments must be
submitted to OMB within 30 days of
this notice.
1 Based upon an average of 4 responses per year
and an average of 20 hours spent preparing each
response.
2 Based on staff experience, an OTC derivatives
dealer likely would have a Compliance Manager
gather the necessary information and prepare and
file the quarterly reports and annual audit report
and supporting schedules. According to the
Securities Industry and Financial Markets
Association Report on Management and
Professional Earnings in the Securities Industry
dated October 2013, which provides base salary and
bonus information for middle-management and
professional positions within the securities
industry, the hourly cost of a compliance manager,
which the Commission staff has modified to
account for an 1800-hour work year and multiplied
by 5.35 to account for bonuses, firm size, employee
benefits, and overhead, is approximately $283/hour.
$283/hour times 900 hours = $254,700, rounded to
$255,000.
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71871
Dated: November 10, 2015.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–29202 Filed 11–16–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76419; File No. SR–BATS–
2015–99]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Related to Fees
November 10, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on November
2, 2015, BATS Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BATS’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II and III
below, which Items have been prepared
by the Exchange. The Exchange has
designated the proposed rule change as
one establishing or changing a member
due, fee, or other charge imposed by the
Exchange under Section 19(b)(3)(A)(ii)
of the Act 3 and Rule 19b–4(f)(2)
thereunder,4 which renders the
proposed rule change effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange filed a proposal to
amend its fees and rebates applicable to
Members 5 and non-members of the
Exchange pursuant to BATS Rules
15.1(a) and (c) (‘‘Fee Schedule’’).
The text of the proposed rule change
is available at the Exchange’s Web site
at www.batstrading.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
5 The term ‘‘Member’’ is defined as ‘‘any
registered broker or dealer, or any person associated
with a registered broker or dealer, that has been
admitted to membership in the Exchange [sic]. A
Member will have the status of a ‘‘member’’ of the
Exchange as that term is defined in Section 3(a)(3)
of the Act.’’ See Exchange Rule 1.5(n).
2 17
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Agencies
[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71870-71871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29408]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday,
November 19, 2015 at 4 p.m.
Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matter at the Closed Meeting.
Commissioner Stein, as duty officer, voted to consider the items
listed for the Closed Meeting in closed session.
The subject matter of the Closed Meeting will be:
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings; and
Other matters relating to enforcement proceedings.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at (202) 551-5400.
[[Page 71871]]
Dated: November 12, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-29408 Filed 11-13-15; 11:15 am]
BILLING CODE 8011-01-P