[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2243-2244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00489]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-429, OMB Control No. 3235-0480]


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 9b-1

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the

[[Page 2244]]

Securities and Exchange Commission (``Commission'') is soliciting 
comments on the existing collection of information provided for in Rule 
9b-1, Options Disclosure Document (17 CFR 240.9b-1), under the 
Securities Exchange Act of 1934 (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.
    Rule 9b-1 (17 CFR 240.9b-1) sets forth the categories of 
information required to be disclosed in an options disclosure document 
(``ODD'') and requires the options markets to file an ODD with the 
Commission 60 days prior to the date it is distributed to investors. In 
addition, Rule 9b-1 provides that the ODD must be amended if the 
information in the document becomes materially inaccurate or incomplete 
and that amendments must be filed with the Commission 30 days prior to 
the distribution to customers. Finally, Rule 9b-1 requires a broker-
dealer to furnish to each customer an ODD and any amendments, prior to 
accepting an order to purchase or sell an option on behalf of that 
customer.
    There are 15 options markets \1\ that must comply with Rule 9b-1. 
These respondents work together to prepare a single ODD covering 
options traded on each market, as well as amendments to the ODD. These 
respondents file approximately 3 amendments per year. The staff 
calculates that the preparation and filing of amendments should take no 
more than eight hours per options market. Thus, the total time burden 
for options markets per year is 360 hours (15 options markets x 8 hours 
per amendment x 3 amendments). The estimated cost for an in-house 
attorney is $412 per hour,\2\ resulting in a total internal cost of 
compliance for these respondents of $148,320 per year (360 hours at 
$412 per hour).
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    \1\ The fifteen options markets are as follows: The fifteen 
options markets are as follows: BOX Options Exchange LLC, Cboe BZX 
Exchange, Inc., Cboe C2 Exchange, Inc., Cboe EDGX Exchange, Inc., 
Cboe Exchange, Inc., Miami International Securities Exchange LLC, 
MIAX PEARL, LLC, Nasdaq BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, 
Nasdaq MRX, LLC, Nasdaq PHLX LLC, the Nasdaq Options Market (NOM), 
NYSE Arca, Inc., and NYSE American LLC.
    \2\ SIFMA did its last annual survey in 2013 and will not resume 
the survey process. Accordingly, the $412 figure is based on the 
2013 figure ($380) adjusted by the inflation rate calculated using 
the Bureau of Labor Statistics' CPI Inflation Calculator. The $380 
per hour figure for an Attorney is from SIFMA's Management & 
Professional Earnings in the Securities Industry 2013, modified by 
Commission staff to account for an 1800-hour work-year and 
multiplied by 5.35 to account for bonuses, firm size, employee 
benefits and overhead.
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    In addition, approximately 1,144 broker-dealers \3\ must comply 
with Rule 9b-1. Each of these respondents will process an average of 3 
new customers for options each week and, therefore, will have to 
furnish approximately 156 ODDs per year. The postal mailing or 
electronic delivery of the ODD takes respondents no more than 30 
seconds to complete for an annual time burden for each of these 
respondents of 78 minutes or 1.3 hours. Thus, the total time burden per 
year for broker-dealers is 1,487 hours (1,144 broker-dealers x 1.3 
hours). The estimated cost for a general clerk of a broker-dealer is 
$62 per hour,\4\ resulting in a total internal cost of compliance for 
these respondents of $92,194 per year (1,487 hours at $62 per hour).
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    \3\ The estimate of 1,144 broker-dealers required to comply with 
Rule 9b-1 is derived from Item 12 of the Form BD (OMB Control No. 
3235-0012). This estimate may be high as it includes broker-dealers 
that engage in only a proprietary business, and as a result are not 
required to deliver an ODD, as well as those broker-dealers subject 
to Rule 9b-1.
    \4\ The $62 figure is based on the 2013 figure ($57) adjusted 
for inflation. See supra note 1. The $57 per hour figure for a 
General Clerk is from SIFMA's Office Salaries in the Securities 
Industry 2013, modified by Commission staff to account for an 1800-
hour work-year and multiplied by 2.93 to account for bonuses, firm 
size, employee benefits and overhead. The staff believes that the 
ODD would be mailed or electronically delivered to customers by a 
general clerk of the broker-dealer or some other equivalent 
position.
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    The total time burden for all respondents under this rule (both 
options markets and broker-dealers) is 1,847 hours per year (360 + 
1,487), and the total internal cost of compliance is $240,514 ($148,320 
+ $92,194).
    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 
estimates 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.
    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 send an email 
to: [email protected].

    Dated: January 9, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-00489 Filed 1-12-18; 8:45 am]
 BILLING CODE 8011-01-P