81 FR 23767 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 78 (April 22, 2016)

Page Range		23767-23768
FR Document		2016-09361

Federal Register, Volume 81 Issue 78 (Friday, April 22, 2016)

[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Notices]
[Pages 23767-23768]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09361]


-----------------------------------------------------------------------

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 607, SEC File No. 270-561, OMB Control No. 3235-0634, 
Request for a New OMB Control No.

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (the ``Commission'') has submitted to the Office of 
Management and Budget a request for extension of the previously 
approved collection of information discussed below.
    Regulation E (17 CFR 230.601-230.610a) exempts from registration 
under the Securities Act of 1933 (15 U.S.C. 77a et seq.) (``Securities 
Act'') securities issued by a small business investment company 
(``SBIC'') which is registered under the Investment Company Act of 1940 
(15 U.S.C. 80a-1 et seq.) (``Investment Company Act'') or a closed-end 
investment company that has elected to be regulated as a business 
development company (``BDC'') under the Investment Company Act, so long 
as the aggregate offering price of all securities of the issuer that 
may be sold within a 12-month period does not exceed $5,000,000 and 
certain other conditions are met. Rule 607 under Regulation E (17 CFR 
230.607) entitled, ``Sales material to be filed,'' requires sales 
material used in connection with securities offerings under Regulation 
E to be filed with the Commission at least five days (excluding 
weekends and

[[Page 23768]]

holidays) prior to its use.\1\ Commission staff reviews sales material 
filed under rule 607 for materially misleading statements and 
omissions. The requirements of rule 607 are designed to protect 
investors from the use of false or misleading sales material in 
connection with Regulation E offerings.
---------------------------------------------------------------------------

    \1\ Sales material includes advertisements, articles or other 
communications to be published in newspapers, magazines, or other 
periodicals; radio and television scripts; and letters, circulars or 
other written communications proposed to be sent given or otherwise 
communicated to more than ten persons.
---------------------------------------------------------------------------

    Respondents to this collection of information include SBICs and 
BDCs making an offering of securities under Regulation E. Each 
respondent's reporting burden under rule 607 relates to the burden 
associated with filing its sales material electronically. The burden of 
filing electronically, however, is negligible and there have been no 
filings made under this rule, so this collection of information does 
not impose any burden on the industry. However, we are requesting one 
annual response and an annual burden of one hour for administrative 
purposes. The estimate of average burden hours is made solely for 
purposes of the Paperwork Reduction Act and is not derived from a 
quantitative, comprehensive, or even representative survey or study of 
the burdens associated with Commission rules and forms.
    The requirements of this collection of information are mandatory. 
Responses will not be kept confidential. 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 control number.
    The public may view the 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: 
[email protected]; 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: [email protected]. Comments must be submitted to OMB within 30 
days of this notice.

    Dated: April 19, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-09361 Filed 4-21-16; 8:45 am]
 BILLING CODE 8011-01-P

Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Notices 23767

19(b)(3)(A)(iii) of the Act 9 and Rule and designates the proposal operative the Commission does not edit personal
19b–4(f)(6) thereunder.10 Because the upon filing. identifying information from
proposed rule change does not: (i) At any time within 60 days of the submissions. You should submit only
Significantly affect the protection of filing of the proposed rule change, the information that you wish to make
investors or the public interest; (ii) Commission summarily may available publicly. All submissions
impose any significant burden on temporarily suspend such rule change if should refer to File Number SR–
competition; and (iii) become operative it appears to the Commission that such BatsEDGA–2016–06 and should be
for 30 days from the date on which it action is necessary or appropriate in the submitted on or before May 13, 2016.
was filed, or such shorter time as the public interest, for the protection of
For the Commission, by the Division of
Commission may designate, if investors, or otherwise in furtherance of Trading and Markets, pursuant to delegated
consistent with the protection of the purposes of the Act. If the authority.16
investors and the public interest, the Commission takes such action, the Robert W. Errett,
proposed rule change has become Commission shall institute proceedings
Deputy Secretary.
to determine whether the proposed rule
effective pursuant to Section 19(b)(3)(A) [FR Doc. 2016–09318 Filed 4–21–16; 8:45 am]
should be approved or disapproved.
of the Act 11 and Rule 19b–4(f)(6) BILLING CODE 8011–01–P
thereunder.12 IV. Solicitation of Comments
A proposed rule change filed under Interested persons are invited to
Rule 19b–4(f)(6) under the Act 13 submit written data, views, and SECURITIES AND EXCHANGE
normally does not become operative for arguments concerning the foregoing, COMMISSION
30 days after the date of filing. However, including whether the proposed rule
change is consistent with the Act. Submission for OMB Review;
Rule 19b–4(f)(6)(iii) 14 permits the Comment Request
Commission to designate a shorter time Comments may be submitted by any of
if such action is consistent with the the following methods:
Upon Written Request, Copies Available
protection of investors and the public Electronic Comments From: Securities and Exchange
interest. The Exchange has asked the Commission, Office of FOIA Services,
Commission to waive the 30-day • Use the Commission’s Internet
comment form (http://www.sec.gov/ 100 F Street NE., Washington, DC
operative delay so that the proposal may 20549–2736.
rules/sro.shtml); or
become operative immediately upon • Send an email to rule-comments@ Extension:
filing. The Exchange states that waiver sec.gov. Please include File Number SR– Rule 607, SEC File No. 270–561, OMB
of the operative delay will allow the BatsEDGA–2016–06 on the subject line. Control No. 3235–0634, Request for a
Exchange to implement the proposed New OMB Control No.
rule change immediately in the event an Paper Comments
Affiliate seeks to list on the Exchange or • Send paper comments in triplicate Notice is hereby given that, pursuant
an Affiliate Security is traded on the to Secretary, Securities and Exchange to the Paperwork Reduction Act of 1995
Exchange. The Exchange further states Commission, 100 F Street NE., (44 U.S.C. 3501 et seq.), the Securities
that providing the reports required by Washington, DC 20549–1090. and Exchange Commission (the
the rule is in the best interest of All submissions should refer to File ‘‘Commission’’) has submitted to the
investors and the public interest Number SR–BatsEDGA–2016–06. This Office of Management and Budget a
because it would provide greater file number should be included on the request for extension of the previously
transparency to market participants subject line if email is used. To help the approved collection of information
regarding the controls in place to Commission process and review your discussed below.
address the potential conflicts of comments more efficiently, please use Regulation E (17 CFR 230.601–
interest that may arise in the listing and only one method. The Commission will 230.610a) exempts from registration
trading of Affiliate Securities on the post all comments on the Commission’s under the Securities Act of 1933 (15
Exchange. Based on the foregoing, the Internet Web site (http://www.sec.gov/ U.S.C. 77a et seq.) (‘‘Securities Act’’)
Commission believes that waiving the rules/sro.shtml). Copies of the securities issued by a small business
30-day operative delay is consistent submission, all subsequent investment company (‘‘SBIC’’) which is
with the protection of investors and the amendments, all written statements registered under the Investment
public interest.15 The Commission with respect to the proposed rule Company Act of 1940 (15 U.S.C. 80a–1
hereby grants the Exchange’s request change that are filed with the et seq.) (‘‘Investment Company Act’’) or
Commission, and all written a closed-end investment company that
9 15 U.S.C. 78s(b)(3)(A)(iii). communications relating to the has elected to be regulated as a business
10 17 CFR 240.19b–4(f)(6). proposed rule change between the development company (‘‘BDC’’) under
11 15 U.S.C. 78s(b)(3)(A).
Commission and any person, other than the Investment Company Act, so long as
12 In addition, Rule 19b–4(f)(6)(iii) requires the
those that may be withheld from the the aggregate offering price of all
Exchange to give the Commission written notice of
the Exchange’s intent to file the proposed rule public in accordance with the securities of the issuer that may be sold
change, along with a brief description and text of provisions of 5 U.S.C. 552, will be within a 12-month period does not
the proposed rule change, at least five business days available for Web site viewing and exceed $5,000,000 and certain other
prior to the date of filing of the proposed rule printing in the Commission’s Public conditions are met. Rule 607 under
change, or such shorter time as designated by the
Regulation E (17 CFR 230.607) entitled,
mstockstill on DSK4VPTVN1PROD with NOTICES

Commission. The Exchange has satisfied this Reference Room, 100 F Street NE.,
requirement. Washington, DC 20549, on official ‘‘Sales material to be filed,’’ requires
13 17 CFR 240.19b–4(f)(6). business days between the hours of sales material used in connection with
14 17 CFR 240.19b–4(f)(6)(iii).
10:00 a.m. and 3:00 p.m. Copies of the securities offerings under Regulation E
15 For purposes only of waiving the 30-day
filing also will be available for to be filed with the Commission at least
operative delay, the Commission has also five days (excluding weekends and
considered the proposed rule’s impact on
inspection and copying at the principal
efficiency, competition, and capital formation. See office of the Exchange. All comments
15 U.S.C. 78c(f). received will be posted without change; 16 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 19:18 Apr 21, 2016 Jkt 238001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1

Document Created: 2017-08-22 23:37:05
Document Modified: 2017-08-22 23:37:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 23767