82_FR_28831 82 FR 28711 - Submission for OMB Review; Comment Request

82 FR 28711 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 120 (June 23, 2017)

Page Range28711-28712
FR Document2017-13142

Federal Register, Volume 82 Issue 120 (Friday, June 23, 2017)
[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Notices]
[Pages 28711-28712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13142]


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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 163. SEC File No. 270-556, OMB Control No. 3235-0619.

    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 (``Commission'') has submitted to the Office of Management 
and Budget this request for extension of the previously approved 
collection of information discussed below.
    Rule 163 (17 CFR 230.163) provides an exemption from section 5(c) 
(15 U.S.C. 77e(c)) under the Securities Act of 1933 (15 U.S.C. 77a et 
seq.) for certain communications by or on behalf of a well-known 
seasoned issuer. The information filed under Rule 163 is publicly 
available. We estimate that it takes approximately 0.24 burden hours 
per response to provide the information required under Rule 163 and is 
filed by approximately 53 issuers. We estimate that 25% of the 0.24 
hours per response (0.06 hours) is prepared by the issuer for an annual 
reporting burden of 3 hours (0.06 hours per response x 53 responses).
    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,

[[Page 28712]]

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: June 19, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-13142 Filed 6-22-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                      Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices                                                  28711

                                                    IV. Solicitation of Comments                                For the Commission, by the Division of               Office Building, Washington, DC 20503,
                                                                                                              Trading and Markets, pursuant to delegated             or by sending an email to: Shagufta_
                                                      Interested persons are invited to                       authority.21                                           Ahmed@omb.eop.gov; and (ii) Pamela
                                                    submit written data, views, and                           Eduardo A. Aleman,                                     Dyson, Director/Chief Information
                                                    arguments concerning the foregoing,                       Assistant Secretary.                                   Officer, Securities and Exchange
                                                    including whether the proposed rule                       [FR Doc. 2017–13101 Filed 6–22–17; 8:45 am]            Commission, c/o Remi Pavlik-Simon,
                                                    change is consistent with the Act.                        BILLING CODE 8011–01–P                                 100 F Street NE., Washington, DC 20549
                                                    Comments may be submitted by any of                                                                              or send an email to: PRA_Mailbox@
                                                    the following methods:                                                                                           sec.gov. Comments must be submitted to
                                                                                                              SECURITIES AND EXCHANGE                                OMB within 30 days of this notice.
                                                    Electronic Comments                                       COMMISSION                                               Dated: June 19, 2017.
                                                      • Use the Commission’s Internet                                                                                Eduardo A. Aleman,
                                                                                                              Submission for OMB Review;
                                                    comment form (http://www.sec.gov/                         Comment Request                                        Assistant Secretary.
                                                    rules/sro.shtml); or                                                                                             [FR Doc. 2017–13140 Filed 6–22–17; 8:45 am]
                                                      • Send an email to rule-comments@                       Upon Written Request Copies Available                  BILLING CODE 8011–01–P
                                                    sec.gov. Please include File Number SR–                    From: Securities and Exchange
                                                                                                               Commission, Office of FOIA Services,
                                                    GEMX–2017–24 on the subject line.
                                                                                                               100 F Street NE., Washington, DC                      SECURITIES AND EXCHANGE
                                                    Paper Comments                                             20549–2736                                            COMMISSION
                                                                                                              Extension:
                                                      • Send paper comments in triplicate                       Form F–4. SEC File No. 270–288, OMB                  Submission for OMB Review;
                                                    to Secretary, Securities and Exchange                         Control No. 3235–0325                              Comment Request
                                                    Commission, 100 F Street NE.,                                Notice is hereby given that, pursuant
                                                    Washington, DC 20549–1090.                                                                                       Upon Written Request Copies Available
                                                                                                              to the Paperwork Reduction Act of 1995
                                                                                                                                                                      From: Securities and Exchange
                                                    All submissions should refer to File                      (44 U.S.C. 3501 et seq.), the Securities
                                                                                                                                                                      Commission, Office of FOIA Services,
                                                    Number SR–GEMX–2017–24. This file                         and Exchange Commission
                                                                                                                                                                      100 F Street NE., Washington, DC
                                                    number should be included on the                          (‘‘Commission’’) has submitted to the
                                                                                                                                                                      20549–2736.
                                                                                                              Office of Management and Budget this
                                                    subject line if email is used. To help the                                                                       Extension:
                                                                                                              request for extension of the previously
                                                    Commission process and review your                                                                                 Rule 163. SEC File No. 270–556, OMB
                                                                                                              approved collection of information
                                                    comments more efficiently, please use                     discussed below.                                           Control No. 3235–0619.
                                                    only one method. The Commission will                         Form F–4 (17 CFR 239.34) is used by                    Notice is hereby given that, pursuant
                                                    post all comments on the Commission’s                     foreign issuers to register securities in              to the Paperwork Reduction Act of 1995
                                                    Internet Web site (http://www.sec.gov/                    business combinations, reorganizations                 (44 U.S.C. 3501 et seq.), the Securities
                                                    rules/sro.shtml). Copies of the                           and exchange offers pursuant to federal                and Exchange Commission
                                                    submission, all subsequent                                securities laws pursuant to the                        (‘‘Commission’’) has submitted to the
                                                    amendments, all written statements                        Securities Act of 1933 (15 U.S.C. 77a et               Office of Management and Budget this
                                                    with respect to the proposed rule                         seq.). The information collected is                    request for extension of the previously
                                                    change that are filed with the                            intended to ensure that the information                approved collection of information
                                                    Commission, and all written                               required to be filed by the Commission                 discussed below.
                                                    communications relating to the                            permits verification of compliance with                   Rule 163 (17 CFR 230.163) provides
                                                    proposed rule change between the                          securities law requirements and assures                an exemption from section 5(c) (15
                                                    Commission and any person, other than                     the public availability of such                        U.S.C. 77e(c)) under the Securities Act
                                                    those that may be withheld from the                       information. The information provided                  of 1933 (15 U.S.C. 77a et seq.) for certain
                                                    public in accordance with the                             is mandatory and all information is                    communications by or on behalf of a
                                                    provisions of 5 U.S.C. 552, will be                       made available to the public upon                      well-known seasoned issuer. The
                                                    available for Web site viewing and                        request. Form F–4 takes approximately                  information filed under Rule 163 is
                                                    printing in the Commission’s Public                       1,457 hours per response and is filed by               publicly available. We estimate that it
                                                    Reference Room, 100 F Street NE.,                         approximately 39 respondents. We                       takes approximately 0.24 burden hours
                                                    Washington, DC 20549, on official                         estimate that 25% of the 1,457 hours per               per response to provide the information
                                                    business days between the hours of                        response (364.25 hours) is prepared by                 required under Rule 163 and is filed by
                                                                                                              the registrant for a total annual reporting            approximately 53 issuers. We estimate
                                                    10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                              burden of 14,206 hours (364.25 hours                   that 25% of the 0.24 hours per response
                                                    filing also will be available for
                                                                                                              per response × 39 responses).                          (0.06 hours) is prepared by the issuer for
                                                    inspection and copying at the principal                      An agency may not conduct or                        an annual reporting burden of 3 hours
                                                    office of the Exchange. All comments                      sponsor, and a person is not required to               (0.06 hours per response × 53
                                                    received will be posted without change;                   respond to, a collection of information                responses).
                                                    the Commission does not edit personal                     unless it displays a currently valid                      An agency may not conduct or
                                                    identifying information from                              control number.                                        sponsor, and a person is not required to
                                                    submissions. You should submit only
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                                                                                                                 The public may view the background                  respond to, a collection of information
                                                    information that you wish to make                         documentation for this information                     unless it displays a currently valid
                                                    available publicly. All submissions                       collection at the following Web site,                  control number.
                                                    should refer to File Number SR–GEMX–                      www.reginfo.gov . Comments should be                      The public may view the background
                                                    2017–24, and should be submitted on or                    directed to: (i) Desk Officer for the                  documentation for this information
                                                    before July 14, 2017.                                     Securities and Exchange Commission,                    collection at the following Web site,
                                                                                                              Office of Information and Regulatory                   www.reginfo.gov . Comments should be
                                                                                                              Affairs, Office of Management and                      directed to: (i) Desk Officer for the
                                                      21 17   CFR 200.30–3(a)(12).                            Budget, Room 10102, New Executive                      Securities and Exchange Commission,


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                                                    28712                              Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices

                                                    Office of Information and Regulatory                       .cchwallstreet.com/, at the principal                  rules of FINRA (the ‘‘Common Rules’’)
                                                    Affairs, Office of Management and                          office of the Exchange, and at the                     identified in the 17d–2 Agreement.
                                                    Budget, Room 10102, New Executive                          Commission’s Public Reference Room.                       Phlx Rule 1049, Communications to
                                                    Office Building, Washington, DC 20503,                                                                            Customers, is not currently a Common
                                                                                                               II. Self-Regulatory Organization’s                     Rule under the 17d–2 Agreement. Rule
                                                    or by sending an email to: Shagufta_
                                                                                                               Statement of the Purpose of, and                       1049 sets forth a range of requirements
                                                    Ahmed@omb.eop.gov; and (ii) Pamela
                                                                                                               Statutory Basis for, the Proposed Rule                 applicable to members, member
                                                    Dyson, Director/Chief Information
                                                                                                               Change                                                 organizations, or persons associated
                                                    Officer, Securities and Exchange
                                                    Commission, c/o Remi Pavlik-Simon,                           In its filing with the Commission, the               with a member organization utilizing
                                                    100 F Street NE., Washington, DC 20549                     Exchange included statements                           any advertisement, educational
                                                    or send an email to: PRA_Mailbox@                          concerning the purpose of and basis for                material, sales literature or other
                                                    sec.gov. Comments must be submitted to                     the proposed rule change and discussed                 communications to any customer or
                                                    OMB within 30 days of this notice.                         any comments it received on the                        member of the public. The purpose of
                                                                                                               proposed rule change. The text of these                this proposed rule change is to update,
                                                      Dated: June 19, 2017.
                                                                                                               statements may be examined at the                      clarify and conform Rule 1049 to the
                                                    Eduardo A. Aleman,                                                                                                rules of FINRA and other options
                                                    Assistant Secretary.                                       places specified in Item IV below. The
                                                                                                               Exchange has prepared summaries, set                   exchanges regarding options
                                                    [FR Doc. 2017–13142 Filed 6–22–17; 8:45 am]                                                                       communications to customers that are
                                                                                                               forth in sections A, B, and C below, of
                                                    BILLING CODE 8011–01–P
                                                                                                               the most significant aspects of such                   included as Common Rules under the
                                                                                                               statements.                                            17d–2 Agreement, so that it too may
                                                                                                                                                                      qualify as a Common Rule under the
                                                    SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                      17d–2 Agreement. The proposed rule
                                                    COMMISSION                                                 Statement of the Purpose of, and                       change would make both organizational
                                                    [Release No. 34–80972; File No. SR–Phlx–                   Statutory Basis for, the Proposed Rule                 and substantive changes that have
                                                    2017–39]                                                   Change                                                 previously been made by other
                                                                                                               1. Purpose                                             exchanges in order to conform to FINRA
                                                    Self-Regulatory Organizations;                                                                                    rules.4
                                                    NASDAQ PHLX LLC; Notice of Filing                             The Exchange is a party to a 17d–2                     Specifically, this proposed rule
                                                    and Immediate Effectiveness of                             agreement with the Financial Industry                  change is based upon, and makes
                                                    Proposed Rule Change To Amend Rule                         Regulatory Authority, Inc. (‘‘FINRA’’)                 changes that have previously been made
                                                    1049, Communications to Customers                          and other options exchanges (the                       to, Chicago Board Options Exchange
                                                                                                               ‘‘Options Multiparty 17d–2 Agreement’’                 (‘‘CBOE’’) Rule 9.21 (a Common Rule)
                                                    June 19, 2017.                                                                                                    over the past ten years, on a cumulative
                                                                                                               or the ‘‘17d–2 Agreement’’).3 The 17d–
                                                       Pursuant to Section 19(b)(1) of the                     2 Agreement allocates regulatory                       basis, by SR–CBOE–2013–043;5 SR–
                                                    Securities Exchange Act of 1934                            responsibilities with respect to broker-               CBOE–2010–035 6 and SR–CBOE–2007–
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    dealers, and persons associated                        30.7 Current Phlx Rule 1049 is very
                                                    notice is hereby given that on June 8,                     therewith, that are members of more                    similar in content and organization to
                                                    2017, NASDAQ PHLX LLC (‘‘Phlx’’ or                         than one Participant (the ‘‘Common                     CBOE Rule 9.21 as it existed prior to
                                                    ‘‘Exchange’’) filed with the Securities                    Members’’) and conduct a public                        approval of SR–CBOE–2007–30. Upon
                                                    and Exchange Commission (‘‘SEC’’ or                        business for compliance with specified                 implementation of the amendments
                                                    ‘‘Commission’’) the proposed rule                          common rules relating to the conduct by                proposed herein, Exchange Rule 1049
                                                    change as described in Items I, II, and                    broker-dealers and associated persons of               would once again track CBOE Rule 9.21
                                                    III, below, which Items have been                          accounts for listed options, index                     nearly word for word.8 The
                                                    prepared by the Exchange. The                              warrants, currency index warrants, and
                                                    Commission is publishing this notice to                    currency warrants (collectively,
                                                                                                                                                                         4 See, e.g., FINRA Rule 2220, CBOE Rule 9.21,

                                                    solicit comments on the proposed rule                      ‘‘Covered Securities’’). Pursuant to the
                                                                                                                                                                      MIAX Rule 1322, and ISE Rule 623.
                                                                                                                                                                         5 See Securities Exchange Act Release 69807
                                                    change from interested persons.                            17d–2 Agreement, FINRA is the                          (June 20, 2013), 78 FR 38423 (June 26, 2013) (SR–
                                                    I. Self-Regulatory Organization’s                          Designated Options Examining                           CBOE–2013–043)
                                                    Statement of the Terms of Substance of                     Authority (‘‘DOEA’’) for its broker-                      6 See Securities Exchange Act Release No. 62034

                                                                                                               dealer members that also are members                   (May 4, 2010), 75 FR 26303 (May 10, 2010) (SR–
                                                    the Proposed Rule Change                                                                                          CBOE–2010–35). This was an interim rule change
                                                                                                               of Phlx. Thus, FINRA has certain                       relating to market letters which are no longer
                                                       The Exchange proposes to amend
                                                                                                               examination and enforcement                            addressed in CBOE rules and are thus not addressed
                                                    Rule 1049, Communications to
                                                                                                               responsibilities relating to compliance                in this proposed rule change.
                                                    Customers. The proposed rule change is                                                                               7 See Securities Exchange Act Release No. 58823
                                                                                                               by Common Members with the rules of
                                                    intended to update and modernize Rule                                                                             (October 21, 2008), 73 FR 63747 (October 28, 2008)
                                                                                                               Phlx that are substantially similar to the
                                                    1049, to be retitled ‘‘Options                                                                                    (SR–CBOE–2007–30).
                                                                                                                                                                         8 The only substantive difference between CBOE
                                                    Communications,’’ and to conform it to
                                                                                                                 3 See Agreement by and among Bats BZX                Rule 9.21 and proposed Phlx Rule 1049 is with
                                                    rules of other options exchanges                           Exchange, Inc., BOX Options Exchange, LLC, the         respect to index warrants. Current Phlx Rule 1049
                                                    regarding communications to customers.                     Chicago Board Options Exchange, Incorporated, C2       states at section (f) that the provisions of Rule 1049
                                                    It makes both organizational and                           Options Exchange, Incorporated, the International      are applicable to index warrants, and at
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                                                    substantive changes that have                              Securities Exchange, LLC, Financial Industry           Commentary .05 that, for purposes of the rule the
                                                                                                               Regulatory Authority, Inc., Miami International        term ‘‘option’’ is deemed to include index warrants
                                                    previously been made by other options                      Securities Exchange, LLC, the NYSE MKT LLC, the        and the term ‘‘The Options Clearing Corporation’’
                                                    exchanges.                                                 NYSE Arca, Inc., The NASDAQ Stock Market LLC,          is deemed to mean the issuer(s) of such warrants.
                                                       The text of the proposed rule change                    NASDAQ BX, Inc., the NASDAQ PHLX LLC, ISE              CBOE Rule 9.21 does not contain comparable
                                                    is available on the Exchange’s Web                         Gemini, LLC, Bats EDGX Exchange, Inc., ISE             provisions. No changes are proposed with respect
                                                                                                               Mercury, LLC and MIAX PEARL, LLC, Pursuant to          to these provisions. Provisions relating to index
                                                    site at http://nasdaqphlx                                  Rule 17d–2 under the Securities Exchange Act of        warrants were added to Rule 1049 by Phlx in 1994
                                                                                                               1934. See also Securities Exchange Act Release No.     as part of a comprehensive proposed rule change
                                                      1 15   U.S.C. 78s(b)(1).                                 79929 (February 2, 2017), 82 FR 9757 (February 8,      establishing rules for the listing and trading of stock
                                                      2 17   CFR 240.19b–4.                                    2017).                                                 index, currency and currency index warrants. See



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Document Created: 2017-06-23 03:37:38
Document Modified: 2017-06-23 03:37:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 28711 

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