46338 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 79955 

(Feb. 3, 2017), 82 FR 10086 (Feb. 9, 2017). 4 15 U.S.C. 78s(b)(2). 

5See Securities Exchange Act Release No. 80297 

(Mar. 22, 2017), 82 FR 15408 (Mar. 28, 2017). 6See Securities Exchange Act Release No. 80502 

(Apr. 21, 2017), 82 FR 19398 (Apr. 27, 2017). 7See Securities Exchange Act Release No. 80729 

(May 19, 2017), 82 FR 24185 (May 25, 2017). 8See Securities Exchange Act Release No. 81201 

(July 25, 2017), 82 FR 33938 (July 31, 2017). The 

Commission designated October 7, 2017, as the date 

by which the Commission shall either approve or 

disapprove the proposed rule change. 9See Letters from Joseph Stephen White (Feb. 5, 

2017); Anonymous (Feb. 8, 2017) (purportedly from 

investors and the purposes of Section 

15B of the Exchange Act. 

Accordingly, it is so ordered, 

pursuant to Section 15B(a)(4) of the 

Exchange Act, that any registered 

municipal advisor is exempt from the 

requirement to file an annual update to 

Form MA with the Commission, as 

required by Section 15B of the Exchange 

Act and Rule 15Ba1–5(a)(1) thereunder, 

where the conditions below are 

satisfied. 

Conditions 

(a) The registered municipal advisor 

is not able to fulfill its obligation to file 

an annual update to the registered 

municipal advisor’s Form MA within 90 

days of the end of the registered 

municipal advisor’s fiscal year due to 

Hurricane Harvey, Hurricane Irma or 

Hurricane Maria; 

(b) The registered municipal advisor 

files with the Commission its annual 

update to Form MA required to be filed 

during the applicable period of relief on 

or before the applicable deadline set 

forth in Section I; and 

(c) In any such annual update to its 

Form MA filing, the registered 

municipal advisor must disclose that it 

is relying on this Order and state the 

reasons why, in good faith, it could not 

file such annual update to Form MA on 

a timely basis. 

Registered municipal advisors who 

are unable to meet a deadline as 

extended by this relief or in need of 

additional assistance, should contact the 

Office of Municipal Securities at (202) 

551–5680 or munis@sec.gov. 

VII. Independence—Bookkeeping or 

Other Services Related to the 

Accounting Records or Financial 

Statements of the Audit Client 

The conditions in the areas affected 

by Hurricane Harvey, Hurricane Irma 

and Hurricane Maria, including 

displacement of individuals, the 

destruction of property and loss or 

destruction of corporate records, may 

require extraordinary efforts to 

reconstruct lost or destroyed accounting 

records. The Commission understands 

that in these particularly challenging 

situations an audit client may look to its 

auditor for assistance in reconstruction 

of its accounting records because of the 

auditor’s knowledge of the client’s 

financial systems and records. Under 

Section 10A(g)(1) of the Exchange Act 

and Rule 2–01(c)(4)(i) of Regulation S– 

X, auditors are prohibited from 

providing bookkeeping or other services 

relating to the accounting records of the 

audit client, and in Rule 2–01(c)(4)(i) of 

Regulation S–X, these prohibited 

services are described as including 

‘‘maintaining or preparing the audit 

client’s accounting records’’ or 

‘‘preparing or originating source data 

underlying the audit client’s financial 

statements.’’ In light of the conditions in 

areas affected by Hurricane Harvey, 

Hurricane Irma and Hurricane Maria, 

however, we believe that limited relief 

from these prohibitions is warranted for 

those registrants and other persons that 

are required to comply with the 

independence requirements of the 

federal securities laws and the 

Commission’s rules and regulations 

thereunder and that are affected by 

those conditions. The Commission finds 

the following exemption to be necessary 

and appropriate in the public interest 

and consistent with the protection of 

investors. 

Accordingly, it is ordered, pursuant to 

Section 36 of the Exchange Act, that 

independent certified public 

accountants engaged to provide audit 

services to registrants and other persons 

required to comply with the 

independence requirements of the 

federal securities laws and the 

Commission’s rules and regulations 

thereunder are exempt from the 

requirements of Section 10A(g)(1) of the 

Exchange Act and Rule 2–01(c)(4)(i) of 

Regulation S–X, where the conditions 

below are satisfied. 

Conditions 

(a) Services provided by the auditor 

are limited to reconstruction of 

previously existing accounting records 

that were lost or destroyed as a result of 

Hurricane Harvey, Hurricane Irma or 

Hurricane Maria and such services cease 

as soon as the audit client’s lost or 

destroyed records are reconstructed, its 

financial systems are fully operational 

and the client can effect an orderly and 

efficient transition to management or 

other service provider; and 

(b) Services provided by the auditor to 

its audit client pursuant to this Order 

are subject to pre-approval by the audit 

client’s audit committee as required by 

Rule 2–01(c)(7) of Regulation S–X. 

Auditors or audit clients who are in 

need of additional assistance or have 

other questions relating to auditor 

independence, should contact the Office 

of the Chief Accountant at (202) 551– 

5300 or OCARequest@sec.gov. 

By the Commission. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2017–21284 Filed 10–3–17; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81747; File No. SR– 

NYSEArca–2017–06] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Withdrawal of a 

Proposed Rule Change, as Modified by 

Amendment No. 2, Relating to the 

Listing and Trading of Shares of the 

Bitcoin Investment Trust Under NYSE 

Arca Equities Rule 8.201 

September 28, 2017. 

On January 25, 2017, NYSE Arca, Inc. 

(‘‘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 

list and trade shares of the Bitcoin 

Investment Trust under NYSE Arca 

Equities Rule 8.201. The proposed rule 

change was published for comment in 

the Federal Register on February 9, 

2017.3

On March 22, 2017, pursuant to 

Section 19(b)(2) of the Act,4 the 

Commission designated a longer period 

within which to approve the proposed 

rule change, disapprove the proposed 

rule change, or institute proceedings to 

determine whether to approve or 

disapprove the proposed rule change.5

On April 6, 2017, the Exchange filed 

Amendment No. 1 to the proposed rule 

change. On April 27, 2017, the 

Commission published notice of 

Amendment No. 1 and instituted 

proceedings to determine whether to 

approve or disapprove the proposed 

rule change, as modified by Amendment 

No. 1.6 On May 11, 2017, the Exchange 

filed Amendment No. 2 to the proposed 

rule change, and on May 25, 2017, the 

Commission published notice of 

Amendment No. 2.7 On July 25, 2017, 

the Commission designated a longer 

period for Commission action on the 

proposed rule change.8 The Commission 

has received eighteen comment letters 

on the proposed rule change.9


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices 46339 

Jeffrey Wilcke, Ethereum Foundation); Mark T. 

Williams, Finance Professor, Boston University 

(Mar. 13, 2017); Clark Haley (Apr. 15, 2017); Daniel 

Warsh, Managing Member, Warberg Asset 

Management (Jun. 8, 2017); Murray Stahl, 

Chairman, CEO, CIO, and Hugh Ross, COO, Horizon 

Kinetics LLC (Jun. 12, 2017); Tim Lewkow, 

Founder, Wealth Manager (Jun. 14, 2017); Jerry 

Brito, Executive Director, Coin Center (Jun. 20, 

2017); Sheri Kaiserman, Managing Director, 

Wedbush Securities (Jun. 20, 2017); Douglas M. 

Yones, Head of Exchange Traded Products, New 

York Stock Exchange, and Elizabeth King, General 

Counsel, New York Stock Exchange (Jun. 28, 2017); 

Arthur Levitt (Jul. 5, 2017); Jeffrey McCarthy, CEO, 

Exchange Traded Funds, The Bank of New York 

Mellon (Jul. 7, 2017); Ari Paul, CIO and Managing 

Partner, Block Tower Capital (Jul. 9, 2017); Dr. 

James Smith, CEO, Elliptic (Jul. 18, 2017); Prof. 

Campbell R. Harvey, Fuqua School of Business, 

Duke University, et al. (Aug. 28, 2017); James J. 

Angel, Associate Professor of Finance, McDonough 

School of Business, Georgetown University (Sept. 

11, 2017); Matt Corallo (Sept. 11, 2017); Joseph A. 

Hall, Davis Polk & Wardwell LLP. All comments on 

the proposed rule change, as well as a copy of the 

presentation submitted in a meeting with the 

Commission’s staff on July 7, 2017, are available on 

the Commission’s Web site at: https://www.sec.gov/ 

comments/sr-nysearca-2017-06/ 

nysearca201706.htm. 

10 17 CFR 200.30–3(a)(12). 

1Sections 223(d)(5)(A) and 1614(a)(3)(H)(i) of the 

Act, 42 USC 423(d)(5)(A) and 1382c(a)(3)(H)(i). 

2 20 CFR 404.1512(a) and 416.912(a). 

3 20 CFR 404.935(a) and 416.1435(a). 

4 81 FR 90987. 

5 81 FR 45079, 45080 (2016). 

6 20 CFR 404.1710(a) and 416.1510(a). 

7 20 CFR 404.1740 and 416.1540. 

8 20 CFR 404.1740(b)(1) and 416.1540(b)(1). 

9 20 CFR 404.1740(b)(2) and 416.1540(b)(2). 

On September 27, 2017, the Exchange 

withdrew the proposed rule change 

(SR–NYSEArca–2017–06), as modified 

by Amendment No. 2. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–21275 Filed 10–3–17; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2017–0048] 

Social Security Ruling, SSR 17–4p; 

Titles II and XVI: Responsibility for 

Developing Written Evidence 

AGENCY: Social Security Administration. 

ACTION: Notice of Social Security Ruling 

(SSR). 

SUMMARY: We are providing notice of 

SSR 17–4p. This SSR clarifies our 

responsibilities and the responsibilities 

of a claimant and a claimant’s 

representative to develop evidence and 

other information in disability and 

blindness claims. 

FOR FURTHER INFORMATION CONTACT: 

Patrick McGuire, Office of Appellate 

Operations, Social Security 

Administration, 5107 Leesburg Pike, 

Falls Church, VA 22041, (703) 605– 

7100. For information on eligibility or 

filing for benefits, call our national tollfree number, 1–800–772–1213 or TTY 

1–800–325–0778, or visit our Internet 

site, Social Security Online, at http://

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: Although 

5 U.S.C. 552(a)(1) and (a)(2) do not 

require us to publish this SSR, we are 

doing so in accordance with 20 CFR 

402.35(b)(1). 

Through SSRs, we make available to 

the public precedential decisions 

relating to the Federal old-age, 

survivors, disability, supplemental 

security income, and special veterans’ 

benefits programs. We may base SSRs 

on determinations or decisions made at 

all levels of administrative adjudication, 

Federal court decisions, Commissioner’s 

decisions, opinions of the Office of the 

General Counsel, or other 

interpretations of the law and 

regulations. 

Although SSRs do not have the same 

force and effect as statutes or 

regulations, they are binding on all 

components of the Social Security 

Administration. 20 CFR 402.35(b)(1). 

This SSR will remain in effect until 

we publish a notice in the Federal 

Register that rescinds it, or until we 

publish a new SSR that replaces or 

modifies it. 

(Catalog of Federal Domestic Assistance, 

Programs Nos. 96.001, Social Security— 

Disability Insurance; 96.002, Social 

Security—Retirement Insurance; 96.004, 

Social Security—Survivors Insurance; 

96.006—Supplemental Security Income.) 

Nancy A. Berryhill, 

Acting Commissioner of Social Security. 

POLICY INTERPRETATION RULING 

SSR 17–4p: Titles II and XVI: 

Responsibility for Developing Written 

Evidence 

Purpose 

This Ruling clarifies our 

responsibilities and those of the 

claimant and the claimant’s 

representative to develop evidence and 

other information in disability and 

blindness claims under titles II and XVI 

of the Social Security Act (Act). This 

Ruling applies at all levels of our 

administrative review process, as 

described below. 

Citations (Authority) 

Sections 206(a), 223(d), and 1614(a) of 

the Social Security Act, as amended; 20 

CFR 404.935, 404.970, 404.1512, 

404.1513, 404.1593, 404.1594, 404.1614, 

404.1740, 404.1745, 416.912, 416.913, 

416.993, 416.994, 416.1014, 416.1435, 

416.1470, 416.1540, and 416.1545. 

Introduction 

We need complete evidentiary records 

to make accurate, consistent disability 

determinations and decisions at each 

level of our administrative review 

process. Although we take a role in 

developing the evidentiary record in 

disability claims, claimants and their 

appointed representatives have the 

primary responsibility under the Act to 

provide evidence in support of their 

disability or blindness claims. 

Consequently, we expect claimants and 

their representatives to make good faith 

efforts to ensure that we receive 

complete evidence. 

Under the Act, we cannot find that an 

individual is disabled ‘‘unless [he or 

she] furnishes such medical and other 

evidence of the existence thereof as the 

Commissioner of Social Security may 

require.’’ 1 This statutory provision 

places primary responsibility for the 

development of evidence on the 

claimant. Consistent with the claimant’s 

statutory obligation to provide us with 

evidence regarding his or her disability 

or blindness claim, our regulations 

require a claimant to submit or inform 

us about all evidence known to him or 

her that relates to whether or not he or 

she is disabled or blind.2 At the hearings 

level, a claimant generally must submit 

or inform us about written evidence at 

least 5 business days before the date of 

his or her scheduled hearing.3 We 

adopted this 5-day requirement in 

December 2016 and implemented it in 

May 2017, to address unprecedented 

workload challenges.4 As we explained 

in the preamble to our notice of 

proposed rulemaking, ‘‘[w]e cannot 

afford to continue postponing hearing 

proceedings because the record is not 

complete at the time of the hearing.’’ 5

A representative’s duty to submit 

evidence is derivative of the 

claimant’s; 6 however, representatives 

must also follow our rules of conduct 

and standards of responsibility for 

representatives.7 Those rules impose an 

affirmative duty on a representative to 

act with reasonable promptness to help 

obtain the information or evidence that 

the claimant must submit and forward 

the information or evidence to us as 

soon as practicable.8 A representative 

also has an affirmative duty to assist a 

claimant in complying, as soon as 

practicable, with our requests for 

information or evidence.9

This Ruling explains the requirement 

to submit or inform us about evidence 

and clarifies who has the final 


sradovich on DSK3GMQ082PROD with NOTICES