82 FR 43416 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 178 (September 15, 2017)

Page Range		43416-43417
FR Document		2017-19677

Federal Register, Volume 82 Issue 178 (Friday, September 15, 2017)

[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43416-43417]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19677]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-325, OMB Control No. 3235-0385]


Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and 
Exchange Commission, Office of FOIA Services, 100 F Street NE., 
Washington, DC 20549-2736

Extension:
    Rule 15g-9

    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 (``OMB'') a request for extension of the previously approved 
collection of information discussed below.
    Section 15(c)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 
78a et seq.) (the ``Exchange Act'') authorizes the Commission to 
promulgate rules that prescribe means reasonably designed to prevent 
fraudulent, deceptive, or manipulative practices in connection with 
over-the-counter (``OTC'') securities transactions. Pursuant to this 
authority, the Commission in 1989 adopted Rule 15a-6, which was 
subsequently redesignated as Rule 15g-9, 17 CFR 240.15g-9 (the 
``Rule''). The Rule requires broker-dealers to produce a written 
suitability determination for, and to obtain a written customer 
agreement to, certain recommended transactions in penny stocks that are 
not registered on a national securities exchange, and whose issuers do 
not meet certain minimum financial standards. The Rule is intended to 
prevent the indiscriminate use by broker-dealers of fraudulent, high 
pressure telephone sales campaigns to sell penny stocks to 
unsophisticated customers.
    The Commission staff estimates that there are approximately 198 
broker-dealers subject to the Rule. The burden of the Rule on a 
respondent varies widely depending on the frequency with which new 
customers are solicited. On the average for all respondents, the staff 
has estimated that respondents process three new customers per week, or 
approximately 156 new customer suitability determinations per year. We 
also estimate that a broker-dealer would expend approximately one-half 
hour per new customer in obtaining, reviewing, and processing 
(including transmitting to the customer) the information required by 
Rule 15g-9, and each respondent would consequently spend 78 hours 
annually (156 customers x .5 hours) obtaining the information required 
in the rule. We determined, based on the estimate of 198 broker-dealer 
respondents, that the current annual burden of Rule 15g-9 is 15,444 
hours (198 respondents x 78 hours).

[[Page 43417]]

    The broker-dealer must keep the written suitability determination 
and customer agreement required by the Rule for at least three years. 
Completing the suitability determination and obtaining the customer 
agreement in writing is mandatory for broker-dealers who effect 
transactions in penny stocks and do not qualify for an exemption, but 
does not involve the collection of confidential information.
    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.
    The public may view 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 by sending an 
email to: [email protected]. Comments must be submitted to OMB within 
30 days of this notice.

    Dated: September 12, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-19677 Filed 9-14-17; 8:45 am]
 BILLING CODE 8011-01-P

Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices 43417

The broker-dealer must keep the Items I and II below, which Items have unlisted trading privileges (‘‘UTP’’)
written suitability determination and been prepared by the self-regulatory ‘‘Commodity-Based Trust Shares.’’ 5
customer agreement required by the organization. The Commission is The Trust will not be registered as an
Rule for at least three years. Completing publishing this notice to solicit investment company under the
the suitability determination and comments on the proposed rule change Investment Company Act of 1940, as
obtaining the customer agreement in from interested persons. amended,6 and is not required to
writing is mandatory for broker-dealers register under such act. The Trust is not
I. Self-Regulatory Organization’s a commodity pool for purposes of the
who effect transactions in penny stocks Statement of the Terms of Substance of
and do not qualify for an exemption, but Commodity Exchange Act, as amended.7
the Proposed Rule Change The Sponsor of the Trust is WGC USA
does not involve the collection of
confidential information. The Exchange proposes to list and Asset Management Company, LLC.8
An agency may not conduct or trade shares of The Gold Trust under BNY Mellon Asset Servicing, a division
sponsor, and a person is not required to NYSE Arca Rule 8.201–E. The proposed of The Bank of New York Mellon
respond to, a collection of information rule change is available on the (‘‘BNYM’’), will be the Trust’s
under the PRA unless it displays a Exchange’s Web site at www.nyse.com, administrator (‘‘Administrator’’) and
currently valid OMB control number. at the principal office of the Exchange, transfer agent. BNYM will serve as the
The public may view background and at the Commission’s Public custodian of the Trust’s cash, if any. A
documentation for this information Reference Room. bank will serve as the custodian
collection at the following Web site: (‘‘Custodian’’) of the Trust’s gold.
II. Self-Regulatory Organization’s The Commission has previously
www.reginfo.gov. Comments should be Statement of the Purpose of, and
directed to (i) Desk Officer for the approved listing on the Exchange under
Statutory Basis for, the Proposed Rule NYSE Arca Equities Rules 5.2(j)(5) (now
Securities and Exchange Commission, Change
Office of Information and Regulatory NYSE Arca Rule 5.2–E(j)(5)) and 8.201
Affairs, Office of Management and In its filing with the Commission, the (now NYSE Arca Rule 8.201–E) of other
Budget, Room 10102, New Executive self-regulatory organization included precious metals and gold-based
statements concerning the purpose of, commodity trusts, including the
Office Building, Washington, DC 20503
and basis for, the proposed rule change GraniteShares Gold Trust; 9 Merk Gold
or by sending an email to: Shagufta_
and discussed any comments it received Trust; 10 ETFS Gold Trust,11 ETFS
Ahmed@omb.eop.gov; and (ii) Pamela
on the proposed rule change. The text Platinum Trust 12 and ETFS Palladium
Dyson, Director/Chief Information
of those statements may be examined at Trust (collectively, the ‘‘ETFS
Officer, Securities and Exchange
the places specified in Item IV below. Trusts’’); 13 APMEX Physical-1 oz. Gold
Commission, c/o Remi Pavlik-Simon,
The Exchange has prepared summaries, Redeemable Trust; 14 Sprott Gold
100 F Street NE., Washington, DC
set forth in sections A, B, and C below, Trust; 15 SPDR Gold Trust (formerly,
20549, or by sending an email to: PRA_
of the most significant parts of such streetTRACKS Gold Trust); iShares
Mailbox@sec.gov. Comments must be
statements. Silver Trust; 16 iShares COMEX Gold
submitted to OMB within 30 days of
this notice. A. Self-Regulatory Organization’s 5 Commodity-Based Trust Shares are securities

Dated: September 12, 2017. Statement of the Purpose of, and the issued by a trust that represents investors’ discrete
Eduardo A. Aleman, Statutory Basis for, the Proposed Rule identifiable and undivided beneficial ownership
Change interest in the commodities deposited into the
Assistant Secretary. Trust.
[FR Doc. 2017–19677 Filed 9–14–17; 8:45 am] 1. Purpose 6 15 U.S.C. 80a–1.
7 17 U.S.C. 1.
BILLING CODE 8011–01–P The Exchange proposes to list and 8 WCGT is a Delaware statutory trust consisting of
trade shares (‘‘Shares’’) of The Gold multiple series, each of which issues common units
Trust (‘‘Trust’’), a series of the World of beneficial interest, which represent units of
SECURITIES AND EXCHANGE Currency Gold Trust (‘‘WCGT’’), under fractional undivided beneficial interest in and
COMMISSION ownership of such series. The term of WCGT and
NYSE Arca Rule 8.201–E.4 Under NYSE each series will be perpetual (unless terminated
[Release No. 34–81568; File No. SR– Arca Rule 8.201–E, the Exchange may earlier in certain circumstances). The sole trustee of
NYSEArca–2017–98] propose to list and/or trade pursuant to WCGT is Delaware Trust Company (‘‘Trustee’’).
9 Securities Exchange Act Release No. 81077 (July

5, 2017) (SR–NYSEArca–2017–55) (order approving
Self-Regulatory Organizations; NYSE 4 On August 29, 2017, WCGT submitted to the
listing and trading shares of the GraniteShares Gold
Arca, Inc.; Notice of Filing of Proposed Commission its draft registration statement, with Trust under NYSE Arca Equities Rule 8.201).
respect to the Trust, on Form S–1 (‘‘Registration
Rule Change To List and Trade Shares Statement’’) under the Securities Act of 1933 (‘‘1933
10 Securities Exchange Act Release No. 71378

of The Gold Trust Under NYSE Arca (January 23, 2014), 79 FR 4786 (January 29, 2014)
Act’’). The Jumpstart Our Business Startups Act,
(SR–NYSEArca–2013–137).
Rule 8.201–E enacted on April 5, 2012, added Section 6(e) to the 11 Securities Exchange Act Release No. 59895
1933 Act. Section 6(e) of the 1933 Act provides that
September 11, 2017. (May 8, 2009), 74 FR 22993 (May 15, 2009) (SR–
an ‘‘emerging growth company’’ may confidentially
NYSEArca–2009–40).
Pursuant to Section 19(b)(1) 1 of the submit to the Commission a draft registration 12 Securities Exchange Act Release No. 61219
statement for confidential, non-public review by the
Securities Exchange Act of 1934 (the Commission staff prior to public filing, provided (December 22, 2009), 74 FR 68886 (December 29,
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 that the initial confidential submission and all 2009) (SR–NYSEArca–2009–95).
13 Securities Exchange Act Release No. 61220
notice is hereby given that, on August amendments thereto shall be publicly filed not later
than 21 days before the date on which the issuer (December 22, 2009), 74 FR 68895 (December 29,
30, 2017, NYSE Arca, Inc. (the 2009) (SR–NYSEArca–2009–94).
conducts a road show, as such term is defined in
mstockstill on DSK30JT082PROD with NOTICES

‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with 1933 Act Rule 433(h)(4). An emerging growth 14 Securities Exchange Act Release No 66930

the Securities and Exchange company is defined in Section 2(a)(19) of the 1933 (May 7, 2012), 77 FR 27817 (May 11, 2012) (SR–
Commission (the ‘‘Commission’’) the Act as an issuer with less than $1,000,000,000 total NYSEArca–2012–18).
15 Securities Exchange Act Release No. 61496
proposed rule change as described in annual gross revenues during its most recently
completed fiscal year. The Trust meets the (February 4, 2010), 75 FR 6758 (February 10, 2010)
definition of an emerging growth company and (SR–NYSEArca–2009–113).
1 15 U.S.C. 78s(b)(1). consequently has submitted its Registration 16 See Securities Exchange Act Release No. 58956
2 15 U.S.C. 78a. Statement on a confidential basis with the (November 14, 2008), 73 FR 71074 (November 24,
3 17 CFR 240.19b–4. Commission. Continued

VerDate Sep<11>2014 17:07 Sep 14, 2017 Jkt 241001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1

Document Created: 2017-09-15 00:18:22
Document Modified: 2017-09-15 00:18:22

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		82 FR 43416