Submission for OMB Review; Comment Request, 8644-8645 [2017-01827]
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8644
Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Notices
the Commission to waive the 30-day
operative delay to allow the Funds to be
subject to a single compliance regime
under Rule 14.11(i)(4)(C) instead of the
series of representations made in each
Fund’s respective 19b–4 as soon as
practicable, which will streamline and
simplify compliance and the costs
associated therewith. The Commission
finds that waiving the 30-day operative
delay in this instance is consistent with
the protection of investors and the
public interest. The Commission notes
that, as represented by the Exchange, if
the Funds were not currently listed
pursuant to the previous Commission
approval orders, they would be eligible
for immediate listing pursuant to
Exchange Rule 14.11(i)(4)(C). Therefore,
the Commission designates the proposal
operative upon filing.16
At any time within 60 days of the
filing of such 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 shall 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–
BatsBZX–2017–03 on the subject line.
jstallworth on DSK7TPTVN1PROD with NOTICES
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–BatsBZX–2017–03. 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
16 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
VerDate Sep<11>2014
13:58 Jan 26, 2017
Jkt 241001
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 the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. 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–
BatsBZX–2017–03 and should be
submitted on or before February 17,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–01835 Filed 1–26–17; 8:45 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
Extension:
Rule 201 and Rule 200(g) of Regulation
SHO SEC File No. 270–606, OMB
Control No. 3235–0670
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (‘‘PRA’’), 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
17 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00046
Fmt 4703
Sfmt 4703
Rule 201 (17 CFR 242.201) and Rule
200(g) (17 CFR 242.200(g)) under the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.).
Rule 201 is a short sale-related circuit
breaker rule that, if triggered, imposes a
restriction on the prices at which
securities may be sold short. Rule 200(g)
provides that a broker-dealer may mark
certain qualifying sell orders ‘‘short
exempt.’’ The information collected
under Rule 201’s written policies and
procedures requirement applicable to
trading centers, the written policies and
procedures requirement of the brokerdealer provision of Rule 201(c), the
written policies and procedures
requirement of the riskless principal
provision of Rule 201(d)(6), and the
‘‘short exempt’’ marking requirement of
Rule 200(g) enable the Commission and
self-regulatory organizations (‘‘SROs’’)
to examine and monitor for compliance
with the requirements of Rule 201 and
Rule 200(g).
In addition, the information collected
under Rule 201’s written policies and
procedures requirement applicable to
trading centers helps ensure that trading
centers do not execute or display any
impermissibly priced short sale orders,
unless an order is marked ‘‘short
exempt,’’ in accordance with the rule’s
requirements. Similarly, the information
collected under the written policies and
procedures requirement of the brokerdealer provision of Rule 201(c) and the
riskless principal provision of Rule
201(d)(6) helps to ensure that brokerdealers comply with the requirements of
these provisions. The information
collected pursuant to the ‘‘short
exempt’’ marking requirement of Rule
200(g) also provides an indication to a
trading center when it must execute or
display a short sale order without regard
to whether the short sale order is at a
price that is less than or equal to the
current national best bid.
It is estimated that SRO and non-SRO
respondents registered with the
Commission and subject to the
collection of information requirements
of Rule 201 and Rule 200(g) incur an
aggregate annual burden of 2,908,309
hours to comply with the rules and an
aggregate annual external cost of
$120,000.
Any records generated in connection
with Rule 201’s requirements that
trading centers and broker-dealers (with
respect to the broker-dealer and riskless
principal provisions) establish written
policies and procedures must be
preserved in accordance with, and for
the periods specified in, Exchange Act
Rules 17a–1 for SRO trading centers and
17a–4(e)(7) for non-SRO trading centers
and registered broker-dealers. The
E:\FR\FM\27JAN1.SGM
27JAN1
jstallworth on DSK7TPTVN1PROD with NOTICES
Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Notices
amendments to Rule 200(g) and Rule
200(g)(2) do not contain any new record
retention requirements. All registered
broker-dealers that are subject to the
amendments are currently required to
retain records in accordance with Rule
17a–4(e)(7) under the Exchange Act.
Compliance with Rule 201 and Rule
200(g) is mandatory. We expect that the
information collected pursuant to Rule
201’s required policies and procedures
for trading centers will be
communicated to the members,
subscribers, and employees (as
applicable) of all trading centers. In
addition, the information collected
pursuant to Rule 201’s required policies
and procedures for trading centers will
be retained by the trading centers and
will be available to the Commission and
SRO examiners upon request, but not
subject to public availability. The
information collected pursuant to Rule
201’s broker-dealer provision and the
riskless principal exception will be
retained by the broker-dealers and will
be available to the Commission and SRO
examiners upon request, but not subject
to public availability. The information
collected pursuant to the ‘‘short
exempt’’ marking requirements in Rule
200(g) and Rule 200(g)(2) will be
submitted to trading centers and will be
available to the Commission and SRO
examiners upon request. The
information collected pursuant to the
‘‘short exempt’’ marking requirement
may be publicly available because it
may be published, in a form that would
not identify individual broker-dealers,
by SROs that publish on their Web sites
aggregate short selling volume data in
each individual equity security for that
day and, on a one-month delayed basis,
information regarding individual short
sale transactions in all exchange-listed
equity securities.
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 send an email to: PRA_Mailbox@
VerDate Sep<11>2014
13:58 Jan 26, 2017
Jkt 241001
sec.gov. Comments must be submitted to
OMB within 30 days of this notice.
Dated: January 17, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–01827 Filed 1–26–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79862; File No. SR–
NASDAQ–2017–003]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to the
Listing and Trading of the Shares of
the Gabelli All Cap NextShares of the
Gabelli NextShares Trust
January 23, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on January 9,
2017, The NASDAQ Stock Market LLC
(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I and
II below, which Items have been
prepared by Nasdaq. 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
Nasdaq proposes a proposed rule
change with respect to the Gabelli All
Cap NextShares (the ‘‘Fund’’), a series of
Gabelli NextShares Trust (the ‘‘Trust’’).
The proposed rule change is being
filed to reflect a proposed revision to the
Fund’s name and modify its proposed
investments (which are set forth in an
order previously granted by the
Commission 3). All capitalized terms
referenced but not defined herein have
the same meaning as in the Prior
Release.
The text of the proposed rule change
is available at https://
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 34–
79082 (October 11, 2016), 81 FR 71549 (October 17,
2016) (SR–NASDAQ–2016–134) (the ‘‘Prior
Notice’’); see also Securities Exchange Act Release
No. 34–79377 (November 22, 2016), 81 FR 86056
(November 29, 2016) (SR–NASDAQ–2016–134) (the
‘‘Prior Order,’’ and, together with the Prior Notice,
the ‘‘Prior Release’’). Except for the changes
discussed herein, all other facts presented and
representations made in the Prior Release with
respect to the Fund remain unchanged and in full
effect.
8645
nasdaq.cchwallstreet.com/, at Nasdaq’s
principal office, and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The shares of the Fund will be offered
by the Trust. The Trust is registered
with the Commission as an open-end
investment company and has filed a
registration statement on Form N–1A
(‘‘Registration Statement’’) with the
Commission.4 The Fund is a series of
the Trust.
The Commission previously approved
the listing and trading on the Exchange
of the shares of the Fund under Nasdaq
Rule 5745, which governs the listing
and trading of NextSharesTM on the
Exchange.5 The shares of the Fund have
not commenced trading on the
Exchange.
In this proposed rule change, the
Exchange proposes to change the Fund’s
name and modify its proposed
investments.6 As stated in the Prior
Release, the Fund is named Gabelli All
Cap NextShares and, under normal
market conditions, will invest at least
80% of its net assets plus borrowings for
investment purposes in common stocks
and preferred stocks of companies of all
capitalization ranges that are listed on a
recognized securities exchange or
similar market. The Fund may also
1 15
2 17
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
4 See Registration Statement on Form N–1A for
the Gabelli NextShares Trust dated November 17,
2016 (File Nos. 333–211881 and 811–23160).
5 The Commission approved Nasdaq Rule 5745 in
Securities Exchange Act Release No. 34–73562
(November 7, 2014), 79 FR 68309 (November 14,
2014) (SR–NASDAQ–2014–020).
6 The changes described herein will be reflected
in a revised prospectus and statement of additional
information for the Fund to be filed with the
Commission. The changes described herein will not
be implemented until such proposed rule change is
declared operative.
E:\FR\FM\27JAN1.SGM
27JAN1
]]>Agencies
[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)]
[Notices]
[Pages 8644-8645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01827]
-----------------------------------------------------------------------
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 201 and Rule 200(g) of Regulation SHO SEC File No. 270-606,
OMB Control No. 3235-0670
Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), 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 201
(17 CFR 242.201) and Rule 200(g) (17 CFR 242.200(g)) under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
Rule 201 is a short sale-related circuit breaker rule that, if
triggered, imposes a restriction on the prices at which securities may
be sold short. Rule 200(g) provides that a broker-dealer may mark
certain qualifying sell orders ``short exempt.'' The information
collected under Rule 201's written policies and procedures requirement
applicable to trading centers, the written policies and procedures
requirement of the broker-dealer provision of Rule 201(c), the written
policies and procedures requirement of the riskless principal provision
of Rule 201(d)(6), and the ``short exempt'' marking requirement of Rule
200(g) enable the Commission and self-regulatory organizations
(``SROs'') to examine and monitor for compliance with the requirements
of Rule 201 and Rule 200(g).
In addition, the information collected under Rule 201's written
policies and procedures requirement applicable to trading centers helps
ensure that trading centers do not execute or display any impermissibly
priced short sale orders, unless an order is marked ``short exempt,''
in accordance with the rule's requirements. Similarly, the information
collected under the written policies and procedures requirement of the
broker-dealer provision of Rule 201(c) and the riskless principal
provision of Rule 201(d)(6) helps to ensure that broker-dealers comply
with the requirements of these provisions. The information collected
pursuant to the ``short exempt'' marking requirement of Rule 200(g)
also provides an indication to a trading center when it must execute or
display a short sale order without regard to whether the short sale
order is at a price that is less than or equal to the current national
best bid.
It is estimated that SRO and non-SRO respondents registered with
the Commission and subject to the collection of information
requirements of Rule 201 and Rule 200(g) incur an aggregate annual
burden of 2,908,309 hours to comply with the rules and an aggregate
annual external cost of $120,000.
Any records generated in connection with Rule 201's requirements
that trading centers and broker-dealers (with respect to the broker-
dealer and riskless principal provisions) establish written policies
and procedures must be preserved in accordance with, and for the
periods specified in, Exchange Act Rules 17a-1 for SRO trading centers
and 17a-4(e)(7) for non-SRO trading centers and registered broker-
dealers. The
[[Page 8645]]
amendments to Rule 200(g) and Rule 200(g)(2) do not contain any new
record retention requirements. All registered broker-dealers that are
subject to the amendments are currently required to retain records in
accordance with Rule 17a-4(e)(7) under the Exchange Act.
Compliance with Rule 201 and Rule 200(g) is mandatory. We expect
that the information collected pursuant to Rule 201's required policies
and procedures for trading centers will be communicated to the members,
subscribers, and employees (as applicable) of all trading centers. In
addition, the information collected pursuant to Rule 201's required
policies and procedures for trading centers will be retained by the
trading centers and will be available to the Commission and SRO
examiners upon request, but not subject to public availability. The
information collected pursuant to Rule 201's broker-dealer provision
and the riskless principal exception will be retained by the broker-
dealers and will be available to the Commission and SRO examiners upon
request, but not subject to public availability. The information
collected pursuant to the ``short exempt'' marking requirements in Rule
200(g) and Rule 200(g)(2) will be submitted to trading centers and will
be available to the Commission and SRO examiners upon request. The
information collected pursuant to the ``short exempt'' marking
requirement may be publicly available because it may be published, in a
form that would not identify individual broker-dealers, by SROs that
publish on their Web sites aggregate short selling volume data in each
individual equity security for that day and, on a one-month delayed
basis, information regarding individual short sale transactions in all
exchange-listed equity securities.
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 send an email
to: PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30
days of this notice.
Dated: January 17, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-01827 Filed 1-26-17; 8:45 am]
BILLING CODE 8011-01-P
