Submission for OMB Review; Comment Request, 57946-57948 [2016-20257]
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57946
Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices
Chairman as necessary to facilitate the
conduct of the meeting, persons
planning to attend should check with
the DFO if such rescheduling would
result in a major inconvenience.
If attending this meeting, please enter
through the One White Flint North
Building, 11555 Rockville Pike,
Rockville, MD. After registering with
security, please contact Mr. Theron
Brown (240–888–9835) to be escorted to
the meeting room.
Dated: August 16, 2016.
Mark L. Banks,
Chief, Technical Support Branch, Advisory
Committee on Reactor Safeguards.
[FR Doc. 2016–20269 Filed 8–23–16; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
[OMB Control No. 3206–0131]
Revision of Information Collection:
Combined Federal Campaign
Applications
U.S. Office of Personnel
Management.
ACTION: 30-Day notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13, May 22, 1995), this notice
announces that the Office of Personnel
Management intends to submit to the
Office of Management and Budget
(OMB) a request for clearance to revise
an information collection. Combined
Federal Campaign Applications, OMB
Control No. 3206–0131, which include
OPM Forms 1647–A, –B, and –E, are
used to review the eligibility of national,
international, and local charitable
organizations and Department of
Defense morale, welfare, and recreation
(MWR)/Family Support and Youth
Activities/Programs (FSYA/FSYP)
organizations that wish to participate in
the Combined Federal Campaign. The
proposed revisions reflect changes in
eligibility guidance from the Office of
Personnel Management. On March 10,
2016, we published a 60-day notice and
request for comments. We received two
comments recommending the addition
of a ‘‘thank you statement’’ field that
would facilitate immediate
acknowledgement of electronic pledges.
This recommended revision is included
below.
We estimate 20,500 responses to this
information collection annually. Each
form takes approximately three hours to
complete. The annual estimated burden
is 40,500 hours.
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SUMMARY:
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20:16 Aug 23, 2016
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Comments are encouraged and
will be accepted until September 23,
2016. This process is conducted in
accordance with 5 CFR 1320.1.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management Budget,
725 17th Street NW., Washington, DC
20503, Attention: Desk Officer for the
Office of Personnel Management or sent
via electronic mail to oira_submission@
omb.eop.gov or faxed to (202) 395–6974.
FOR FURTHER INFORMATION CONTACT: A
copy of this ICR, with applicable
supporting documentation, may be
obtained by contacting the Office of
Information and Regulatory Affairs,
Office of Management Budget, 725 17th
Street NW., Washington, DC 20503,
Attention: Desk Officer for the Office of
Personnel Management or sent via
electronic mail to oira_submission@
omb.eop.gov or faxed to (202) 395–6974.
SUPPLEMENTARY INFORMATION: The Office
of Management and Budget is
particularly interested in comments
that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
The Combined Federal Campaign
(CFC) is the world’s largest and most
successful annual workplace
philanthropic giving campaign, with
127 CFC campaigns throughout the
country and overseas raising millions of
dollars each year. The mission of the
CFC is to promote and support
philanthropy through a program that is
employee focused, cost-efficient, and
effective in providing all federal
employees the opportunity to improve
the quality of life for all.
The CFC charity applications collect
information from about 20,500 national,
international, and local charities for
DATES:
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inclusion on the CFC charity list. This
ICR is being revised to accommodate
presentation in an online CFC charity
application format. Revisions include:
1. The addition of name and email
fields for CFC application system
account creation;
2. the inclusion of electronic fund
transfer (EFT) information (for national
and international charities);
3. the addition of a ‘‘thank you
statement’’ field to facilitate immediate
acknowledgement of electronic pledges;
4. the addition of three questions
surrounding volunteers opportunities
and solicitation of federal employees for
these opportunities;
5. design of the schedule of services
to align with an online form; and
6. revision of certification statements
to make them parallel with eligibility
requirements at 5 CFR 950 as revised
April 16, 2014, effective January 1,
2017.
U.S. Office of Personnel Management.
Beth F. Cobert,
Acting Director.
[FR Doc. 2016–20190 Filed 8–23–16; 8:45 am]
BILLING CODE 6325–46–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.
Extension:
Rule 19b–4 and Form 19b–4 Filings with
Respect to Proposed Rule Changes,
Securities-Based Swap Submissions, and
Advance Notices by Self-Regulatory
Organizations and the Security-Based
Swap Stay of Clearing Requirement; 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’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the of the previously
approved 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.).
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
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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.
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
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
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20:16 Aug 23, 2016
Jkt 238001
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
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
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.
PO 00000
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57947
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
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
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Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices
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
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.
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20:16 Aug 23, 2016
Jkt 238001
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.
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.
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 PavlikSimon, 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.
Dated: August 19, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016–20257 Filed 8–23–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78617; File No. SR–FINRA–
2015–054]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Order Approving Rule
Change as Modified by Amendment
Nos. 1 and 2 To Adopt FINRA Capital
Acquisition Broker Rules
August 18, 2016.
I. Introduction
On December 4, 2015, the Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’) filed with the Securities and
Exchange Commission (the
‘‘Commission’’ or ‘‘SEC’’), pursuant to
Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Exchange
Act’’) 1 and Rule 19b–4 thereunder,2
proposed rule change SR–FINRA–2015–
054, pursuant to which FINRA proposed
to adopt a rule set that would apply
exclusively to firms that meet the
definition of ‘‘capital acquisition
broker’’ (‘‘CAB’’) and that elect to be
1 15
2 17
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00072
Fmt 4703
Sfmt 4703
governed under this rule set
(collectively, the ‘‘CAB rules’’).
The Commission published the
proposed rule change for public
comment in the Federal Register on
December 23, 2015.3 On January 28,
2016, FINRA extended the time period
in which the Commission must approve
the proposed rule change, disapprove
the proposed rule change or institute
proceedings to determine whether to
approve or disapprove the proposed
rule change to March 22, 2016. On
March 17, 2016, the Commission
instituted proceedings pursuant to
Section 19(b)(2)(B) of the Exchange Act 4
to determine whether to approve or
disapprove the proposed rule change.5
The Commission received 18 comment
letters on the proposal.6
In response to comments, on March
29, 2016 FINRA filed a partial
amendment (‘‘Amendment No. 1’’) to its
proposed rule change to amend CAB
Rule 016(c)(2) to clarify that the
definition of ‘‘capital acquisition
broker’’ does not include any broker or
3 Exchange Act Release No. 76675 (December 17,
2015), 80 FR 79969 (December 23, 2015) (Notice of
Filing of File No. SR–FINRA–2015–054) (‘‘Notice of
Filing’’).
4 15 U.S.C. 78s(b)(2)(B).
5 Exchange Act Release No. 77391 (March 17,
2016), 81 FR 15588 (March 23, 2016) (Order
Instituting Proceedings To Determine Whether to
Approve or Disapprove Proposed Rule Change to
Adopt FINRA Capital Acquisition Broker Rules on
File No. SR–FINRA–2015–054).
6 Letters from Peter W. LaVigne, Esq., Chair,
Securities Regulation Committee, Business Law
Section, New York State Bar Association, dated
January 22, 2016 (‘‘New York Bar Association
Letter’’); Judith M. Shaw, President, North
American Securities Administrators Association,
Inc., dated January 15, 2016 (‘‘NASAA Letter’’);
Timothy Cahill, President, Compass Securities
Corporation, dated January 13, 2016; Mark
Fairbanks, President, Foreside Distributors, dated
January 13, 2016 (‘‘Foreside Letter’’); Dan Glusker,
Perkins Fund Marketing, LLC, dated January 13,
2016; Steven Jafarzadeh, CAIA, Managing Director,
CCO Partner, Stonehaven, dated January 13, 2016;
Richard A. Murphy, Manager, North Bridge Capital
LLC, dated January 13, 2016; Ron Oldenkamp,
President, Genesis Marketing Group, dated January
13, 2016; Michael S. Quinn, Member and CCO, Q
Advisors LLC, dated January 13, 2016 (‘‘Q Advisors
Letter’’); Lisa Roth, President, Monahan & Roth,
LLC, dated January 13, 2016 (‘‘Roth Letter’’);
Howard Spindel, Senior Managing Director, and
Cassondra E. Joseph, Managing Director, Integrated
Management Solutions USA LLC, dated April 8,
2016 (‘‘IMS Letter 1’’)and January 13, 2016 (‘‘IMS
Letter 2’’); Sajan K. Thomas, President, and Stephen
J. Myott, Chief Compliance Officer, Thomas Capital
Group, Inc., dated January 13, 2016; Donna
DiMaria, Chairman of the Board of Directors, and
Lisa Roth, Board of Directors, Third Party Marketers
Association, dated January 12, 2016 (‘‘3PM Letter’’);
Frank P. L. Minard, Managing Partner, XT Capital
Partners, LLC, dated January 12, 2016; Arne Rovell,
Coronado Investments, LLC, dated January 6, 2016
(‘‘Coronado Letter’’); Daniel H. Kolber, President/
CEO, Intellivest Securities, Inc., dated December 30,
2016 (‘‘Intellivest Letter’’); and Roger W. Mehle,
Chairman and CEO, Achates Capital Advisors LLC,
dated December 29, 2015 (‘‘Achates Letter’’).
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Agencies
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57946-57948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20257]
=======================================================================
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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.
Extension:
Rule 19b-4 and Form 19b-4 Filings with Respect to Proposed Rule
Changes, Securities-Based Swap Submissions, and Advance Notices by
Self-Regulatory Organizations and the Security-Based Swap Stay of
Clearing Requirement; 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'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the of the
previously approved 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.).
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
[[Page 57947]]
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 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
[[Page 57948]]
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.
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.
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.
Dated: August 19, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-20257 Filed 8-23-16; 8:45 am]
BILLING CODE 8011-01-P