Proposed Collection; Comment Request, 40935-40937 [2016-14840]
Download as PDF
Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices
of the fifteen NAC members would
continue to be Industry Members,
including two Small Firm NAC
Members, one Mid-Size Firm NAC
Member, two Large Firm NAC Members,
and two at-large Industry Members.40
Accordingly, the Commission believes
that the proposed rule change continues
to allow for substantial industry
participation, while enhancing the
overall independence of the NAC.
The Commission also believes it is
appropriate for FINRA to increase the
term of NAC members from three to four
years. While one commenter raised
concerns about extending member
terms,41 the Commission believes that
the proposed rule change will allow
NAC members to spend more time
serving and being fully productive after
gaining experience on the NAC. At the
same time, the Commission believes the
current term limits, staggered terms, and
composition of the NAC should
continue to provide the NAC with
varied perspectives and views.
The Commission also believes that the
proposed changes to the NAC selection
process to modernize and streamline the
process and to align it with the process
used in FINRA District Committee
elections are appropriate.42 The
proposed rule change would allow
ballots to be delivered and voted by
means other than the mail and further
simplify the tabulation process by
eliminating the provision that allowed
NAC candidates and their
representatives to observe the
Independent Agent’s accounting of
ballots in a contested election. FINRA
stated that candidates rarely opted to
observe the Independent Agent and
observing the Independent Agent did
not provide candidates additional
grounds for recourse. NAC candidates
and their representatives were not
allowed to see the vote of any FINRA
member and the final determination of
the qualification of a ballot rested with
the Secretary of FINRA.
V. Conclusion
asabaliauskas on DSK3SPTVN1PROD with NOTICES
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,43 that the
proposed rule change (FINRA–2016–
014) be, and it hereby is approved.
40 See current and proposed FINRA Regulation
By-Laws, Article V (National Adjudicatory
Council), Section 5.2(a) (Number of Members and
Qualifications).
41 See FSI Letter.
42 See FINRA Regulation By-Laws, Article VIII
(District Committees), Sections 8.11 (Ballots), 8.13
(Ballots Returned as Undelivered), and 8.14
(General Procedures for Qualification and
Accounting of Ballots).
43 15 U.S.C. 78s(b)(2).
VerDate Sep<11>2014
17:24 Jun 22, 2016
Jkt 238001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.44
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–14837 Filed 6–22–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736.
Extension:
Rule 19b–4 and Form 19b–4, SEC File No.
270–38, OMB Control No. 3235–0045.
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’’) is soliciting comments
on the existing collection of information
provided for in Rule 19b–4 (17 CFR
240.19b–4), under the Securities
Exchange Act of 1934 (‘‘Act’’) (15 U.S.C.
78a et seq.). The Commission plans to
submit this existing collection of
information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
Section 19(b) of the Act (15 U.S.C.
78s(b)) requires each self-regulatory
organization (‘‘SRO’’) to file with the
Commission copies of any proposed
rule, or any proposed change in,
addition to, or deletion from the rules of
such SRO. Rule 19b–4 implements the
requirements of Section 19(b) by
requiring the SROs to file their proposed
rule changes on Form 19b–4 and by
clarifying which actions taken by SROs
are subject to the filing requirement set
forth in Section 19(b). Rule 19b–4(n)
requires a designated clearing agency to
provide the Commission advance notice
(‘‘Advance Notice’’) of any proposed
change to its rules, procedures, or
operations that could materially affect
the nature or level of risks presented by
such clearing agency. Rule 19b–4(o)
requires a registered clearing agency to
submit for a Commission determination
any security-based swap, or any group,
category, type, or class of security-based
swaps it plans to accept for clearing
(‘‘Security-Based Swap Submission’’),
and provide notice to its members of
such submissions.
The collection of information is
designed to provide the Commission
44 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00089
Fmt 4703
Sfmt 4703
40935
with the information necessary to
determine, as required by the Act,
whether the proposed rule change is
consistent with the Act and the rules
thereunder. The information is used to
determine if the proposed rule change
should be approved, disapproved,
suspended, or if proceedings should be
instituted to determine whether to
approve or disapprove the proposed
rule change.
The respondents to the collection of
information are SROs (as defined by
Section 3(a)(26) of the Act),1 including
national securities exchanges, national
securities associations, registered
clearing agencies, notice registered
securities future product exchanges, and
the Municipal Securities Rulemaking
Board.
In calendar year 2015, each
respondent filed an average of
approximately 57 proposed rule
changes. Each filing takes
approximately 39 hours to complete on
average. Thus, the total annual reporting
burden for filing proposed rule changes
with the Commission is 86,697 hours
(57 proposals per year × 39 SROs × 39
hours per filing) for the estimated future
number of 39 SROs.2 In addition to
filing their proposed rule changes with
the Commission, the respondents also
are required to post each of their
proposals on their respective Web sites,
a process that takes approximately four
hours to complete per proposal. Thus,
for 1,935 proposals, the total annual
reporting burden on respondents to post
the proposals on their Web sites is 7,740
hours (1,935 proposals per year × 4
hours per filing) or 8,892 hours (57
proposals per year × 39 SROs × 4 hours
per filing) for the estimated future
number of 39 SROs. Further, the
respondents are required to update their
rulebooks, which they maintain on their
Web sites, to reflect the changes that
they make in each proposal they file.
Thus, for all filings that were not
withdrawn by a respondent (240
withdrawn filings in calendar year
2015) or disapproved by the
Commission (6 disapproved filings in
calendar year 2015), the respondents
were required to update their online
rulebooks to reflect the effectiveness of
1,689 proposals, each of which takes
approximately four hours to complete
1 15
U.S.C. 78c(a)(26).
most of 2015, 34 SROs were registered. One
registered SRO withdrew in December 2015 and
one SRO newly registered with the Commission in
January 2016. The Commission expects five
additional respondents to register during the threeyear period for which this PRA Extension is
applicable (three as registered clearing agencies and
two as national securities exchanges), bringing the
total number of respondents to 39.
2 For
E:\FR\FM\23JNN1.SGM
23JNN1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
40936
Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices
per proposal. Thus, the total annual
reporting burden for updating online
rulebooks is 7,764 hours ((2,223 filings
per year¥275 withdrawn filings 3¥7
disapproved filings 4) × 4 hours).
Finally, a respondent is required to
notify the Commission if it does not
post a proposed rule change on its Web
site on the same day that it filed the
proposal with the Commission. The
Commission estimates that SROs will
fail to post proposed rule changes on
their Web sites on the same day as the
filing 22 times a year (across all SROs),
and that each SRO will spend
approximately one hour preparing and
submitting such notice to the
Commission, resulting in a total annual
burden of 22 hours (22 notices × 1 hour
per notice).
Designated clearing agencies have
additional information collection
burdens. As noted above, pursuant to
Rule 19b–4(n), a designated clearing
agency must file with the Commission
an Advance Notice of any proposed
change to its rules, procedures, or
operations that could materially affect
the nature or level of risks presented by
such designated clearing agency. The
Commission estimates that four
designated clearing agencies will each
submit five Advance Notices per year,
with each submission taking 90 hours to
complete. The total annual reporting
burden for filing Advance Notices is
therefore 1,800 hours (4 designated
clearing agencies × 5 Advance Notices
per year × 90 hours per response).
Designated clearing agencies are
required to post all Advance Notices to
their Web sites, each of which takes
approximately four hours to complete.
For five Advance Notices, the total
annual reporting burden for posting
them to respondents’ Web sites is 80
hours (4 designated clearing agencies ×
5 Advance Notices per year × 4 hours
per Web site posting). Respondents are
required to update the postings of those
Advance Notices that become effective,
each of which takes approximately four
hours to complete. The total annual
reporting burden for updating Advance
Notices on the respondents’ Web sites is
80 hours (4 designated clearing agencies
× 5 Advance Notices per year × 4 hours
per Web site posting).
Pursuant to Rule 19b–4(n)(5), the
respondents are also required to provide
copies of all materials submitted to the
Commission relating to an Advance
3 For 34 SROs, 240 withdrawn filings equal
approximately 7.06 filings per SRO. For 39 SROs,
the figure would increase to 275 withdrawn filings.
4 For 34 SROs, six disapproved filings equal
approximately 0.18 filings per SRO. For 39 SROs,
the figure would increase to seven disapproved
filings.
VerDate Sep<11>2014
17:24 Jun 22, 2016
Jkt 238001
Notice to the Board of Governors of the
Federal Reserve System (‘‘Board’’)
contemporaneously with such
submission to the Commission, which is
estimated to take two hours. The total
annual reporting burden for designated
clearing agencies to meet this
requirement is 40 hours (4 designated
clearing agencies × 5 Advance Notices
per year × 2 hours per response).
The Commission estimates that three
security-based swap clearing agencies
will each submit 20 Security-Based
Swap Submissions per year, with each
submission taking 140 hours to
complete resulting in a total annual
reporting burden of 8,400 hours (3
respondent clearing agencies × 20
Security-Based Swap Submissions per
year × 140 hours per response).
Respondent clearing agencies are
required to post all Security-Based
Swap Submissions to their Web sites,
each of which takes approximately four
hours to complete. For 20 SecurityBased Swap Submissions, the total
annual reporting burden for posting
them to the three respondents’ Web sites
is 240 hours (3 respondent clearing
agencies × 20 Security-Based Swap
Submissions per year × 4 hours per Web
site posting). In addition, three clearing
agencies that have not previously posted
Security-Based Swap Submissions,
Advance Notices, and proposed rule
changes on their Web sites may need to
update their existing Web sites to post
such filings online. The Commission
estimates that each of these three
clearing agencies would spend
approximately 15 hours updating its
existing Web site, resulting in a total
one-time burden of 45 hours (3
respondent clearing agencies × 15 hours
per Web site update) or 15 hours
annualized over three years.
Respondent clearing agencies will
also have to provide training to staff
members using the Electronic Form
19b–4 Filing System (‘‘EFFS’’) to submit
Security-Based Swap Submissions,
Advance Notices, and/or proposed rule
changes electronically. The Commission
estimates that one anticipated securitybased swap clearing agency will spend
approximately 20 hours training all staff
members who will use EFFS to submit
Security-Based Swap Submissions,
Advance Notices, and/or proposed rule
changes electronically, or 6.7 hours
annualized over three years. The
Commission also estimates that one
anticipated clearing agency will have a
one-time burden of 130 hours to draft
and implement internal policies and
procedures for using EFFS to make
these submissions, or 43.3 hours
annualized over three years. The
Commission estimates that each of the
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
39 respondents will spend 10 hours
each year training new compliance staff
members and updating the training of
existing compliance staff members to
use EFFS, for a total annual burden of
390 hours (39 respondent SROs × 10
hours).
In connection with Security-Based
Swap Submissions, counterparties may
apply for a stay from a mandatory
clearing requirement under Rule 3Ca–1.
The Commission estimates that each
clearing agency will submit five
applications for stays from a clearing
requirement per year and it will take
approximately 18 hours to retrieve,
review, and submit each application.
Thus, the total annual reporting burden
for the Rule 3Ca–1 stay of clearing
requirement would be 270 hours (3
respondent clearing agencies × 5 stay of
clearing applications per year × 18
hours to retrieve, review, and submit the
stay of clearing information).
Based on the above, the total
estimated annual response burden
pursuant to Rule 19b–4 and Form 19b–
4 is the sum of the total annual
reporting burdens for filing proposed
rule changes, Advance Notices, and
Security-Based Swap Submissions;
training staff to file such proposals;
drafting, modifying, and implementing
internal policies and procedures for
filing such proposals; posting each
proposal on the respondents’ Web sites;
updating Web sites to enable posting of
proposals; updating the respondents’
online rulebooks to reflect the proposals
that became effective; submitting copies
of Advance Notices to the Board; and
applying for stays from clearing
requirements, which is 114,740 hours.
Compliance with Rule 19b–4 is
mandatory. Information received in
response to Rule 19b–4 shall not be kept
confidential; the information collected
is public information.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimate of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication.
E:\FR\FM\23JNN1.SGM
23JNN1
Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Notices
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
Please direct your written comments
to: Pamela Dyson, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE., Washington,
DC 20549, or by sending an email to
PRA_Mailbox@sec.gov.
Dated: June 17, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–14840 Filed 6–22–16; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice: 9614]
Notification of the Next CAFTA–DR
Environmental Affairs Council Meeting
Department of State.
Notice of the CAFTA–DR
Environmental Affairs Council Meeting
and request for comments.
AGENCY:
ACTION:
The Department of State and
the Office of the United States Trade
Representative are providing notice that
the parties to the Dominican RepublicCentral America-United States Free
Trade Agreement (CAFTA–DR) intend
to hold the tenth meeting of the
Environmental Affairs Council (the
Council) established under Chapter 17
(Environment) of that agreement in San
Salvador, El Salvador, on July 7 and 8,
2016. The Council will commemorate
the tenth anniversary of CAFTA–DR by
highlighting the many environmental
accomplishments of the past ten years
and charting a course for the future. On
July 7, the Council will meet to review
implementation of Chapter 17 of
CAFTA–DR and the CAFTA–DR
Environmental Cooperation Agreement
(ECA). All interested persons are invited
to attend the Council’s public session
beginning at 9:00 a.m. on July 8 at the
Hotel Sheraton Presidente in San
Salvador.
During the July 7 Council meeting,
Council members will present the
progress made and challenges in
implementing Chapter 17 obligations as
well as the outcomes achieved through
environmental cooperation in their
respective countries. The Council will
also receive a presentation from the
CAFTA–DR Secretariat for
Environmental Matters (SEM). More
information on the Council is included
below under SUPPLEMENTARY
INFORMATION.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:24 Jun 22, 2016
Jkt 238001
All interested persons are invited to
attend the July 8 public session where
they will have an opportunity to ask
questions and discuss implementation
of Chapter 17 and the Environmental
Cooperation Agreement with Council
Members. At the public session, the
Council hopes to receive input from the
public on current environmental
challenges and ideas for future
cooperation. The session will also offer
the opportunity to hear directly from
beneficiaries of the CAFTA–DR
Environmental Cooperation Program
and explore environmental progress in
CAFTA–DR countries through a number
of side events and interactive
presentations. If you would like to
attend the public session, please notify
Neal Morris and Laura Buffo at the
email addresses listed under the
heading ADDRESSES. Please include your
full name and identify any organization
or group you represent.
The Department of State and Office of
the United States Trade Representative
also invite written comments or
suggestions to be submitted before July
1, 2016 regarding topics to be discussed
at the Council meeting. In preparing
comments, we encourage submitters to
refer to Chapter 17 of the CAFTA–DR,
the Final Environmental Review of the
CAFTA–DR, and the CAFTA–DR
Environmental Cooperation Agreement
(ECA) (documents available at https://
www.state.gov/e/oes/eqt/trade/caftadr/
index.htm). Instructions on how to
submit comments are under the heading
ADDRESSES.
DATES: The public session of the
Council will be held on July 8, 2016,
from 9:00 a.m.–4:00 p.m. at the Hotel
Sheraton Presidente in San Salvador, El
Salvador. We request comments and
suggestions in writing no later than July
1, 2016.
ADDRESSES: Written comments or
suggestions should be submitted to
both:
(1) Neal Morris, U.S. Department of
State, Bureau of Oceans and
International Environmental and
Scientific Affairs, Office of
Environmental Quality and
Transboundary Issues by email to
MorrisND@state.gov with the subject
line ‘‘CAFTA–DR EAC Meeting’’ or by
fax to (202) 647–5947; and
(2) Laura Buffo, Director for
Environment and Natural Resources,
Office of the United States Trade
Representative by email to Laura_
Buffo@ustr.eop.gov with the subject line
‘‘CAFTA–DR EAC Meeting’’ or by fax to
(202) 395–9517.
If you have access to the Internet you
can view and comment on this notice by
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
40937
going to: https://www.regulations.gov/
#!home and searching for docket
number DOS–2016–0045.
Neal
Morris, (202) 647–9312, or Laura Buffo,
(202) 395–9424
FOR FURTHER INFORMATION CONTACT:
Article
17.5 of the CAFTA–DR establishes an
Environmental Affairs Council (the
Council) and, unless the CAFTA–DR
parties otherwise agree, requires it to
meet annually to oversee the
implementation of, and review progress
under, Chapter 17. Article 17.5 further
requires, unless the parties otherwise
agree, that each meeting of the Council
include a session in which members of
the Council have an opportunity to meet
with the public to discuss matters
relating to the implementation of
Chapter 17.
In Article 17.9, the parties recognize
the importance of strengthening
capacity to protect the environment and
to promote sustainable development in
concert with strengthening trade and
investment relations and state their
commitment to expanding their
cooperative relationship on
environmental matters. Article 17.9 also
references the ECA, which sets out
certain priority areas of cooperation on
environmental activities. These priority
areas include, among others:
Reinforcing institutional and legal
frameworks and the capacity to develop,
implement, administer, and enforce
environmental laws, regulations,
standards and policies; conserving and
managing shared, migratory and
endangered species in international
commercial trade and management of
protected areas; promoting best
practices leading to sustainable
management of the environment; and
facilitating technology development and
transfer and training to promote clean
production technologies. In preparing
comments, we encourage submitters to
refer to:
• Chapter 17 of the CAFTA–DR,
• The Final Environmental Review of
CAFTA–DR, and
• The ECA.
These documents are available at:
https://www.state.gov/e/oes/eqt/trade/
caftadr/index.htm. Visit https://
www.state.gov and the USTR Web site at
www.ustr.gov for more information.
SUPPLEMENTARY INFORMATION:
Dated: June 17, 2016.
Robert Wing,
Acting Director, Office of Environmental
Quality and Transboundary Issues, U.S.
Department of State.
[FR Doc. 2016–14927 Filed 6–22–16; 8:45 am]
BILLING CODE 4710–09–P
E:\FR\FM\23JNN1.SGM
23JNN1
Agencies
[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Notices]
[Pages 40935-40937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14840]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Proposed Collection; Comment Request
Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.
Extension:
Rule 19b-4 and Form 19b-4, SEC File No. 270-38, OMB Control No.
3235-0045.
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'') is soliciting comments on the existing
collection of information provided for in Rule 19b-4 (17 CFR 240.19b-
4), under the Securities Exchange Act of 1934 (``Act'') (15 U.S.C. 78a
et seq.). The Commission plans to submit this existing collection of
information to the Office of Management and Budget (``OMB'') for
extension and approval.
Section 19(b) of the Act (15 U.S.C. 78s(b)) requires each self-
regulatory organization (``SRO'') to file with the Commission copies of
any proposed rule, or any proposed change in, addition to, or deletion
from the rules of such SRO. Rule 19b-4 implements the requirements of
Section 19(b) by requiring the SROs to file their proposed rule changes
on Form 19b-4 and by clarifying which actions taken by SROs are subject
to the filing requirement set forth in Section 19(b). Rule 19b-4(n)
requires a designated clearing agency to provide the Commission advance
notice (``Advance Notice'') of any proposed change to its rules,
procedures, or operations that could materially affect the nature or
level of risks presented by such clearing agency. Rule 19b-4(o)
requires a registered clearing agency to submit for a Commission
determination any security-based swap, or any group, category, type, or
class of security-based swaps it plans to accept for clearing
(``Security-Based Swap Submission''), and provide notice to its members
of such submissions.
The collection of information is designed to provide the Commission
with the information necessary to determine, as required by the Act,
whether the proposed rule change is consistent with the Act and the
rules thereunder. The information is used to determine if the proposed
rule change should be approved, disapproved, suspended, or if
proceedings should be instituted to determine whether to approve or
disapprove the proposed rule change.
The respondents to the collection of information are SROs (as
defined by Section 3(a)(26) of the Act),\1\ including national
securities exchanges, national securities associations, registered
clearing agencies, notice registered securities future product
exchanges, and the Municipal Securities Rulemaking Board.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78c(a)(26).
---------------------------------------------------------------------------
In calendar year 2015, each respondent filed an average of
approximately 57 proposed rule changes. Each filing takes approximately
39 hours to complete on average. Thus, the total annual reporting
burden for filing proposed rule changes with the Commission is 86,697
hours (57 proposals per year x 39 SROs x 39 hours per filing) for the
estimated future number of 39 SROs.\2\ In addition to filing their
proposed rule changes with the Commission, the respondents also are
required to post each of their proposals on their respective Web sites,
a process that takes approximately four hours to complete per proposal.
Thus, for 1,935 proposals, the total annual reporting burden on
respondents to post the proposals on their Web sites is 7,740 hours
(1,935 proposals per year x 4 hours per filing) or 8,892 hours (57
proposals per year x 39 SROs x 4 hours per filing) for the estimated
future number of 39 SROs. Further, the respondents are required to
update their rulebooks, which they maintain on their Web sites, to
reflect the changes that they make in each proposal they file. Thus,
for all filings that were not withdrawn by a respondent (240 withdrawn
filings in calendar year 2015) or disapproved by the Commission (6
disapproved filings in calendar year 2015), the respondents were
required to update their online rulebooks to reflect the effectiveness
of 1,689 proposals, each of which takes approximately four hours to
complete
[[Page 40936]]
per proposal. Thus, the total annual reporting burden for updating
online rulebooks is 7,764 hours ((2,223 filings per year-275 withdrawn
filings \3\-7 disapproved filings \4\) x 4 hours). Finally, a
respondent is required to notify the Commission if it does not post a
proposed rule change on its Web site on the same day that it filed the
proposal with the Commission. The Commission estimates that SROs will
fail to post proposed rule changes on their Web sites on the same day
as the filing 22 times a year (across all SROs), and that each SRO will
spend approximately one hour preparing and submitting such notice to
the Commission, resulting in a total annual burden of 22 hours (22
notices x 1 hour per notice).
---------------------------------------------------------------------------
\2\ For most of 2015, 34 SROs were registered. One registered
SRO withdrew in December 2015 and one SRO newly registered with the
Commission in January 2016. The Commission expects five additional
respondents to register during the three-year period for which this
PRA Extension is applicable (three as registered clearing agencies
and two as national securities exchanges), bringing the total number
of respondents to 39.
\3\ For 34 SROs, 240 withdrawn filings equal approximately 7.06
filings per SRO. For 39 SROs, the figure would increase to 275
withdrawn filings.
\4\ For 34 SROs, six disapproved filings equal approximately
0.18 filings per SRO. For 39 SROs, the figure would increase to
seven disapproved filings.
---------------------------------------------------------------------------
Designated clearing agencies have additional information collection
burdens. As noted above, pursuant to Rule 19b-4(n), a designated
clearing agency must file with the Commission an Advance Notice of any
proposed change to its rules, procedures, or operations that could
materially affect the nature or level of risks presented by such
designated clearing agency. The Commission estimates that four
designated clearing agencies will each submit five Advance Notices per
year, with each submission taking 90 hours to complete. The total
annual reporting burden for filing Advance Notices is therefore 1,800
hours (4 designated clearing agencies x 5 Advance Notices per year x 90
hours per response).
Designated clearing agencies are required to post all Advance
Notices to their Web sites, each of which takes approximately four
hours to complete. For five Advance Notices, the total annual reporting
burden for posting them to respondents' Web sites is 80 hours (4
designated clearing agencies x 5 Advance Notices per year x 4 hours per
Web site posting). Respondents are required to update the postings of
those Advance Notices that become effective, each of which takes
approximately four hours to complete. The total annual reporting burden
for updating Advance Notices on the respondents' Web sites is 80 hours
(4 designated clearing agencies x 5 Advance Notices per year x 4 hours
per Web site posting).
Pursuant to Rule 19b-4(n)(5), the respondents are also required to
provide copies of all materials submitted to the Commission relating to
an Advance Notice to the Board of Governors of the Federal Reserve
System (``Board'') contemporaneously with such submission to the
Commission, which is estimated to take two hours. The total annual
reporting burden for designated clearing agencies to meet this
requirement is 40 hours (4 designated clearing agencies x 5 Advance
Notices per year x 2 hours per response).
The Commission estimates that three security-based swap clearing
agencies will each submit 20 Security-Based Swap Submissions per year,
with each submission taking 140 hours to complete resulting in a total
annual reporting burden of 8,400 hours (3 respondent clearing agencies
x 20 Security-Based Swap Submissions per year x 140 hours per
response). Respondent clearing agencies are required to post all
Security-Based Swap Submissions to their Web sites, each of which takes
approximately four hours to complete. For 20 Security-Based Swap
Submissions, the total annual reporting burden for posting them to the
three respondents' Web sites is 240 hours (3 respondent clearing
agencies x 20 Security-Based Swap Submissions per year x 4 hours per
Web site posting). In addition, three clearing agencies that have not
previously posted Security-Based Swap Submissions, Advance Notices, and
proposed rule changes on their Web sites may need to update their
existing Web sites to post such filings online. The Commission
estimates that each of these three clearing agencies would spend
approximately 15 hours updating its existing Web site, resulting in a
total one-time burden of 45 hours (3 respondent clearing agencies x 15
hours per Web site update) or 15 hours annualized over three years.
Respondent clearing agencies will also have to provide training to
staff members using the Electronic Form 19b-4 Filing System (``EFFS'')
to submit Security-Based Swap Submissions, Advance Notices, and/or
proposed rule changes electronically. The Commission estimates that one
anticipated security-based swap clearing agency will spend
approximately 20 hours training all staff members who will use EFFS to
submit Security-Based Swap Submissions, Advance Notices, and/or
proposed rule changes electronically, or 6.7 hours annualized over
three years. The Commission also estimates that one anticipated
clearing agency will have a one-time burden of 130 hours to draft and
implement internal policies and procedures for using EFFS to make these
submissions, or 43.3 hours annualized over three years. The Commission
estimates that each of the 39 respondents will spend 10 hours each year
training new compliance staff members and updating the training of
existing compliance staff members to use EFFS, for a total annual
burden of 390 hours (39 respondent SROs x 10 hours).
In connection with Security-Based Swap Submissions, counterparties
may apply for a stay from a mandatory clearing requirement under Rule
3Ca-1. The Commission estimates that each clearing agency will submit
five applications for stays from a clearing requirement per year and it
will take approximately 18 hours to retrieve, review, and submit each
application. Thus, the total annual reporting burden for the Rule 3Ca-1
stay of clearing requirement would be 270 hours (3 respondent clearing
agencies x 5 stay of clearing applications per year x 18 hours to
retrieve, review, and submit the stay of clearing information).
Based on the above, the total estimated annual response burden
pursuant to Rule 19b-4 and Form 19b-4 is the sum of the total annual
reporting burdens for filing proposed rule changes, Advance Notices,
and Security-Based Swap Submissions; training staff to file such
proposals; drafting, modifying, and implementing internal policies and
procedures for filing such proposals; posting each proposal on the
respondents' Web sites; updating Web sites to enable posting of
proposals; updating the respondents' online rulebooks to reflect the
proposals that became effective; submitting copies of Advance Notices
to the Board; and applying for stays from clearing requirements, which
is 114,740 hours.
Compliance with Rule 19b-4 is mandatory. Information received in
response to Rule 19b-4 shall not be kept confidential; the information
collected is public information.
Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
[[Page 40937]]
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
Please direct your written comments to: 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.
Dated: June 17, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-14840 Filed 6-22-16; 8:45 am]
BILLING CODE 8011-01-P