Submission for OMB Review; Comment Request, 11266-11267 [2018-05171]
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11266
Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
Pursuant to Section 19(b)(2)(B) of the
Act,16 the Commission is providing
notice of the grounds for disapproval
under consideration. The Commission is
instituting proceedings to allow for
additional analysis of the proposal’s
consistency with Section 6(b)(5) of the
Act,17 which requires, among other
things, that the rules of a national
securities exchange be designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, and to
protect investors and the public interest.
Under the proposal, each Fund’s
investment objective is to track, before
fees and expenses, the performance of
its respective Index, each of which
consists of a hypothetical portfolio of
purchased and written (sold) put and
call FLEX Options structured to
participate in market gains and losses of
the S&P 500 Index within predetermined ranges that are only
applicable for a full 12-month period
from one Roll Date to the next Roll Date.
Specifically, on each Roll Date, the
applicable Index implements a portfolio
of put and call FLEX Options with
expirations on the next Roll Date that,
if held to such Roll Date, seeks to match
any decline in the value of the S&P 500
Index, while providing enhanced
appreciation of twice the positive return
of the S&P 500 Index up to a Capped
Level. Because of these Index
characteristics, the Index outcomes that
each Fund seeks to track are best
realized if the Shares are bought at the
initial Roll Date and sold at the
expiration of the next Roll Date. The
Commission notes, however, that
market participants may buy or sell
Shares of the Funds at any time, not
only at the initial or expiration of a Roll
Date. Consequently, with respect to the
pricing of the Shares at any time other
than the commencement or the
expiration of a Roll Date, the
Commission seeks commenters’ views
on the sufficiency of the information
provided in the proposed rule change to
support a determination that the listing
and trading of the Shares would be
consistent with Section 6(b)(5) of the
Act.
IV. Procedure: Request for Written
Comments
Interested persons are invited to
submit written views, data, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with Section 6(b)(5)
or any other provision of the Act, or the
rules and regulations thereunder.
16 Id.
17 15
U.S.C. 78f(b)(5).
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Although there do not appear to be any
issues relevant to approval or
disapproval that would be facilitated by
an oral presentation of views, data, and
arguments, the Commission will
consider, pursuant to Rule 19b–4 under
the Act, any request for an opportunity
to make an oral presentation.18
Interested persons are invited to
submit written data, views, and
arguments regarding whether the
proposal should be approved or
disapproved by April 4, 2018. Any
person who wishes to file a rebuttal to
any other person’s submission must file
that rebuttal by April 18, 2018.
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–
CboeBZX–2017–006 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–CboeBZX–2017–006. 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 website (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 website 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
18 Section 19(b)(2) of the Exchange Act, as
amended by the Securities Acts Amendments of
1975, Public Law 94–29 (June 4, 1975), grants the
Commission flexibility to determine what type of
proceeding—either oral or notice and opportunity
for written comments—is appropriate for
consideration of a particular proposal by a selfregulatory organization. See Securities Acts
Amendments of 1975, Senate Comm. on Banking,
Housing & Urban Affairs, S. Rep. No. 75, 94th
Cong., 1st Sess. 30 (1975).
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filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–CboeBZX–2017–006 and
should be submitted on or before April
4, 2018. Rebuttal comments should be
submitted by April 18, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–05160 Filed 3–13–18; 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:
Form PF, SEC File No. 270–636, OMB
Control No. 3235–0679.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (‘‘Paperwork
Reduction Act’’), the Securities and
Exchange Commission (the
‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for extension of the
previously approved collection of
information discussed below.
Rule 204(b)–1 (17 CFR 275.204(b)–1)
under the Investment Advisers Act of
1940 (15 U.S.C. 80b–1 et seq.)
implements sections 404 and 406 of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act (the ‘‘DoddFrank Act’’) by requiring private fund
advisers that have at least $150 million
in private fund assets under
management to report certain
information regarding the private funds
they advise on Form PF. These advisers
are the respondents to the collection of
information.
Form PF is designed to facilitate the
Financial Stability Oversight Council’s
(‘‘FSOC’’) monitoring of systemic risk in
the private fund industry and to assist
FSOC in determining whether and how
19 17
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CFR 200.30–3(a)(57).
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daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
to deploy its regulatory tools with
respect to nonbank financial companies.
The Commission and the Commodity
Futures Trading Commission may also
use information collected on Form PF in
their regulatory programs, including
examinations, investigations and
investor protection efforts relating to
private fund advisers.
Form PF divides respondents into two
broad groups, Large Private Fund
Advisers and smaller private fund
advisers. ‘‘Large Private Fund Advisers’’
are advisers with at least $1.5 billion in
assets under management attributable to
hedge funds (‘‘large hedge fund
advisers’’), advisers that manage
‘‘liquidity funds’’ and have at least $1
billion in combined assets under
management attributable to liquidity
funds and registered money market
funds (‘‘large liquidity fund advisers’’),
and advisers with at least $2 billion in
assets under management attributable to
private equity funds (‘‘large private
equity advisers’’). All other respondents
are considered smaller private fund
advisers.
The Commission estimates that most
filers of Form PF have already made
their first filing, and so the burden
hours applicable to those filers will
reflect only ongoing burdens, and not
start-up burdens. Accordingly, the
Commission estimates the total annual
reporting and recordkeeping burden of
the collection of information for each
respondent is as follows:
(a) For smaller private fund advisers
making their first Form PF filing, an
estimated amortized average annual
burden of 23 hours for each of the first
three years;
(b) For smaller private fund advisers
that already make Form PF filings, an
estimated amortized average annual
burden of 15 hours for each of the
next three years;
(c) For large hedge fund advisers making
their first Form PF filing, an estimated
amortized average annual burden of
610 hours for each of the first three
years;
(d) For large hedge fund advisers that
already make Form PF filings, an
estimated amortized average annual
burden of 560 hours for each of the
next three years;
(e) For large liquidity fund advisers
making their first Form PF filing, an
estimated amortized average annual
burden of 588 hours for each of the
first three years;
(f) For large liquidity fund advisers that
already make Form PF filings, an
estimated amortized average annual
burden of 280 hours for each of the
next three years;
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(g) For large private equity advisers
making their first Form PF filing, an
estimated amortized average annual
burden of 67 hours for each of the first
three years; and
(h) For large private equity advisers that
already make Form PF filings, an
estimated amortized average annual
burden of 50 hours for each of the
next three years.
With respect to annual internal costs,
the Commission estimates the collection
of information will result in 92 burden
hours per year on average for each
respondent. With respect to external
cost burdens, the Commission estimates
a range from $0 to $50,000 per adviser.
Estimates of average burden hours
and costs are made solely for the
purposes of the Paperwork Reduction
Act and are not derived from a
comprehensive or even representative
survey or study of the costs of
Commission rules and forms.
Compliance with the collection of
information requirements of Form PF is
mandatory for advisers that satisfy the
criteria described in Instruction 1 to the
Form. Responses to the collection of
information will be kept confidential to
the extent permitted by law. The
Commission does not intend to make
public information reported on Form PF
that is identifiable to any particular
adviser or private fund, although the
Commission may use Form PF
information in an enforcement action.
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 collection at the
following website, www.reginfo.gov.
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 send an email to: PRA_
Mailbox@sec.gov. Comments must be
submitted to OMB within 30 days of
this notice.
Dated: March 8, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–05171 Filed 3–13–18; 8:45 am]
BILLING CODE 8011–01–P
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11267
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82831; File No. SR–NYSE–
2018–01]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Order
Approving Proposed Rule Change To
Amend the Complimentary Products
and Services Available to Certain
Eligible New Listings Pursuant to
Section 907.00 of the Exchange’s
Listed Company Manual
March 8, 2018.
I. Introduction
On January 3, 2018, New York Stock
Exchange LLC (‘‘NYSE’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend Section 907.00 of the Exchange’s
Listed Company Manual (‘‘Manual’’) to
provide that companies initially listed
on or after April 1, 2018 will not be
eligible to receive corporate governance
tools under the Exchange’s current
services offering. The proposed rule
change was published for comment in
the Federal Register on January 22,
2018.3 No comment letters were
received in response to the Notice. This
order approves the proposed rule
change.
II. Description of the Proposed Rule
Change
The Exchange has proposed to amend
Section 907.00 of the Manual to provide
that companies initially listed on or
after April 1, 2018 will not be eligible
to receive the corporate governance
tools described under the Exchange’s
current services offering.
As set forth in Section 907.00 of the
Manual, the Exchange currently
provides Eligible New Listings 4 with
complimentary corporate governance
tools (with a commercial value of
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 82506
(January 16, 2018), 83 FR 3035 (‘‘Notice’’).
4 For the purposes of Section 907.00, the term
‘‘Eligible New Listing’’ means: (i) Any U.S.
company that lists common stock on the Exchange
for the first time and any non-U.S. company that
lists an equity security on the Exchange under
Section 102.01 or 103.00 of the Manual for the first
time, regardless of whether such U.S. or non-U.S.
company conducts an offering and (ii) any U.S. or
non-U.S. company emerging from a bankruptcy,
spinoff (where a company lists new shares in the
absence of a public offering), and carve-out (where
a company carves out a business line or division,
which then conducts a separate initial public
offering).
2 17
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Agencies
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11266-11267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05171]
-----------------------------------------------------------------------
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:
Form PF, SEC File No. 270-636, OMB Control No. 3235-0679.
Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) (``Paperwork Reduction Act''), the
Securities and Exchange Commission (the ``Commission'') has submitted
to the Office of Management and Budget (``OMB'') a request for
extension of the previously approved collection of information
discussed below.
Rule 204(b)-1 (17 CFR 275.204(b)-1) under the Investment Advisers
Act of 1940 (15 U.S.C. 80b-1 et seq.) implements sections 404 and 406
of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the
``Dodd-Frank Act'') by requiring private fund advisers that have at
least $150 million in private fund assets under management to report
certain information regarding the private funds they advise on Form PF.
These advisers are the respondents to the collection of information.
Form PF is designed to facilitate the Financial Stability Oversight
Council's (``FSOC'') monitoring of systemic risk in the private fund
industry and to assist FSOC in determining whether and how
[[Page 11267]]
to deploy its regulatory tools with respect to nonbank financial
companies. The Commission and the Commodity Futures Trading Commission
may also use information collected on Form PF in their regulatory
programs, including examinations, investigations and investor
protection efforts relating to private fund advisers.
Form PF divides respondents into two broad groups, Large Private
Fund Advisers and smaller private fund advisers. ``Large Private Fund
Advisers'' are advisers with at least $1.5 billion in assets under
management attributable to hedge funds (``large hedge fund advisers''),
advisers that manage ``liquidity funds'' and have at least $1 billion
in combined assets under management attributable to liquidity funds and
registered money market funds (``large liquidity fund advisers''), and
advisers with at least $2 billion in assets under management
attributable to private equity funds (``large private equity
advisers''). All other respondents are considered smaller private fund
advisers.
The Commission estimates that most filers of Form PF have already
made their first filing, and so the burden hours applicable to those
filers will reflect only ongoing burdens, and not start-up burdens.
Accordingly, the Commission estimates the total annual reporting and
recordkeeping burden of the collection of information for each
respondent is as follows:
(a) For smaller private fund advisers making their first Form PF
filing, an estimated amortized average annual burden of 23 hours for
each of the first three years;
(b) For smaller private fund advisers that already make Form PF
filings, an estimated amortized average annual burden of 15 hours for
each of the next three years;
(c) For large hedge fund advisers making their first Form PF filing, an
estimated amortized average annual burden of 610 hours for each of the
first three years;
(d) For large hedge fund advisers that already make Form PF filings, an
estimated amortized average annual burden of 560 hours for each of the
next three years;
(e) For large liquidity fund advisers making their first Form PF
filing, an estimated amortized average annual burden of 588 hours for
each of the first three years;
(f) For large liquidity fund advisers that already make Form PF
filings, an estimated amortized average annual burden of 280 hours for
each of the next three years;
(g) For large private equity advisers making their first Form PF
filing, an estimated amortized average annual burden of 67 hours for
each of the first three years; and
(h) For large private equity advisers that already make Form PF
filings, an estimated amortized average annual burden of 50 hours for
each of the next three years.
With respect to annual internal costs, the Commission estimates the
collection of information will result in 92 burden hours per year on
average for each respondent. With respect to external cost burdens, the
Commission estimates a range from $0 to $50,000 per adviser.
Estimates of average burden hours and costs are made solely for the
purposes of the Paperwork Reduction Act and are not derived from a
comprehensive or even representative survey or study of the costs of
Commission rules and forms. Compliance with the collection of
information requirements of Form PF is mandatory for advisers that
satisfy the criteria described in Instruction 1 to the Form. Responses
to the collection of information will be kept confidential to the
extent permitted by law. The Commission does not intend to make public
information reported on Form PF that is identifiable to any particular
adviser or private fund, although the Commission may use Form PF
information in an enforcement action. 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 collection at
the following website, www.reginfo.gov. 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 send an email to: [email protected].
Comments must be submitted to OMB within 30 days of this notice.
Dated: March 8, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05171 Filed 3-13-18; 8:45 am]
BILLING CODE 8011-01-P