82 FR 56301 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range		56301-56302
FR Document		2017-25643

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017)

[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56301-56302]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25643]


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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 489 and Form F-N, SEC File No. 270-361, OMB Control No. 
3235-0411

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.) (``Paperwork Reduction Act''), the 
Securities and Exchange Commission (the ``Commission'') has submitted 
to the Office of Management and Budget (``OMB'') a request for 
extension of the previously approved collection of information 
discussed below.
    Rule 489 (17 CFR 230.489) under the Securities Act of 1933 (15 
U.S.C. 77a et seq.) requires foreign banks and foreign insurance 
companies and holding companies and finance subsidiaries of foreign 
banks and foreign insurance companies that are exempted from the 
definition of ``investment company'' by virtue of rules 3a-1 (17 CFR 
270.3a-1), 3a-5 (17 CFR 270.3a-5), and 3a-6 (17 CFR 270.3a-6) under the 
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) to file Form 
F-N (17 CFR 239.43) to appoint an agent for service of process when 
making a public offering of securities in the United States. The 
information is collected so that the Commission and private plaintiffs 
may serve process on foreign entities in actions and administrative 
proceedings arising out of or based on the offer or sales of securities 
in the United States by such foreign entities.
    The Commission received an average of 30 Form F-N filings from 22 
unique filers each year for the last three years (2014-2016). The 
Commission has previously estimated that the total annual burden 
associated with information collection and Form F-N preparation and 
submission is one hour per filing. Based on the Commission's experience 
with disclosure documents generally, the Commission continues to

[[Page 56302]]

believe that this estimate is appropriate. Thus the estimated total 
annual burden for rule 489 and Form F-N is 30 hours.\1\
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    \1\ 30 responses per year x 1 hour per response = 30 hours per 
year.
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    Estimates of the average burden hours are made solely for the 
purposes of the Paperwork Reduction Act and are not derived from a 
comprehensive or even a representative survey or study of the costs of 
Commission rules and forms. Compliance with the collection of 
information requirements of rule 489 and Form F-N is mandatory to 
obtain the benefit of the exemption. Responses to the collection of 
information 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 OMB 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: November 22, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25643 Filed 11-27-17; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices 56301

B. Self-Regulatory Organization’s investors, or otherwise in furtherance of For the Commission, by the Division of
Statement on Burden on Competition the purposes of the Act. If the Trading and Markets, pursuant to delegated
Commission takes such action, the authority.18
FINRA does not believe that the Eduardo A. Aleman,
proposed rule change will result in any Commission shall institute proceedings
to determine whether the proposed rule Assistant Secretary.
burden on competition that is not
necessary or appropriate in furtherance should be approved or disapproved. [FR Doc. 2017–25694 Filed 11–27–17; 8:45 am]
of the purposes of the Act. BILLING CODE 8011–01–P
IV. Solicitation of Comments
C. Self-Regulatory Organization’s Interested persons are invited to
Statement on Comments on the submit written data, views and SECURITIES AND EXCHANGE
Proposed Rule Change Received From arguments concerning the foregoing, COMMISSION
Members, Participants, or Others including whether the proposed rule
change is consistent with the Act. Submission for OMB Review;
Written comments were neither
Comments may be submitted by any of Comment Request
solicited nor received.
the following methods: Upon Written Request, Copies Available
III. Date of Effectiveness of the
Proposed Rule Change and Timing for Electronic Comments From: Securities and Exchange
Commission Action • Use the Commission’s Internet Commission, Office of FOIA Services,
comment form (http://www.sec.gov/ 100 F Street NE., Washington, DC
Because the foregoing proposed rule 20549–2736
change does not: (i) Significantly affect rules/sro.shtml); or
the protection of investors or the public • Send an email to rule-comments@ Extension:
sec.gov. Please include File Number SR– Rule 489 and Form F–N, SEC File No. 270–
interest; (ii) impose any significant 361, OMB Control No. 3235–0411
burden on competition; and (iii) become FINRA–2017–035 on the subject line.
operative for 30 days from the date on Paper Comments Notice is hereby given that, pursuant
which it was filed, or such shorter time to the Paperwork Reduction Act of 1995
• Send paper comments in triplicate (44 U.S.C. 3501 et seq.) (‘‘Paperwork
as the Commission may designate, it has to Secretary, Securities and Exchange
become effective pursuant to Section Reduction Act’’), the Securities and
Commission, 100 F Street NE., Exchange Commission (the
19(b)(3)(A) of the Act 13 and Rule 19b– Washington, DC 20549–1090.
4(f)(6) thereunder.14 ‘‘Commission’’) has submitted to the
A proposed rule change filed under All submissions should refer to File Office of Management and Budget
Rule 19b–4(f)(6) 15 normally does not Number SR–FINRA–2017–035. This file (‘‘OMB’’) a request for extension of the
become operative prior to 30 days after number should be included on the previously approved collection of
the date of filing. However, pursuant to subject line if email is used. To help the information discussed below.
Rule 19b–4(f)(6)(iii),16 the Commission Commission process and review your Rule 489 (17 CFR 230.489) under the
may designate a shorter time if such comments more efficiently, please use Securities Act of 1933 (15 U.S.C. 77a et
action is consistent with the protection only one method. The Commission will seq.) requires foreign banks and foreign
of investors and the public interest. post all comments on the Commission’s insurance companies and holding
The Commission is waiving the 30- Internet Web site (http://www.sec.gov/ companies and finance subsidiaries of
day operative delay so that the proposal rules/sro.shtml). Copies of the foreign banks and foreign insurance
may become operative immediately submission, all subsequent companies that are exempted from the
upon filing. The Commission believes amendments, all written statements definition of ‘‘investment company’’ by
that waiver of the operative delay is with respect to the proposed rule virtue of rules 3a–1 (17 CFR 270.3a–1),
consistent with the protection of change that are filed with the 3a–5 (17 CFR 270.3a–5), and 3a–6 (17
investors and the public interest Commission, and all written CFR 270.3a–6) under the Investment
because such waiver will allow the pilot communications relating to the Company Act of 1940 (15 U.S.C. 80a–1
program to continue without proposed rule change between the et seq.) to file Form F–N (17 CFR
interruption. Therefore, the Commission Commission and any person, other than 239.43) to appoint an agent for service
designates the proposal operative upon those that may be withheld from the of process when making a public
filing.17 public in accordance with the offering of securities in the United
At any time within 60 days of the provisions of 5 U.S.C. 552, will be States. The information is collected so
filing of the proposed rule change, the available for Web site viewing and that the Commission and private
Commission summarily may printing in the Commission’s Public plaintiffs may serve process on foreign
temporarily suspend such rule change if Reference Room, 100 F Street NE., entities in actions and administrative
it appears to the Commission that such Washington, DC 20549, on official proceedings arising out of or based on
action is necessary or appropriate in the business days between the hours of the offer or sales of securities in the
public interest, for the protection of 10:00 a.m. and 3:00 p.m. Copies of such United States by such foreign entities.
filing also will be available for The Commission received an average
13 15 U.S.C. 78s(b)(3)(A). inspection and copying at the principal of 30 Form F–N filings from 22 unique
14 17 CFR 240.19b–4(f)(6). As required under Rule office of FINRA. All comments received filers each year for the last three years
19b–4(f)(6)(iii), the Exchange provided the will be posted without change. Persons (2014–2016). The Commission has
Commission with written notice of its intent to file submitting comments are cautioned that
the proposed rule change, along with a brief
previously estimated that the total
description and the text of the proposed rule we do not redact or edit personal annual burden associated with
ethrower on DSK3G9T082PROD with NOTICES

change, at least five business days prior to the date identifying information from comment information collection and Form F–N
of filing of the proposed rule change. submissions. You should submit only preparation and submission is one hour
15 17 CFR 240.19b–4(f)(6).
information that you wish to make per filing. Based on the Commission’s
16 17 CFR 240.19b–4(f)(6)(iii).
17 For purposes only of waiving the 30-day
available publicly. All submissions experience with disclosure documents
operative delay, the Commission has considered the
should refer to File Number SR–FINRA– generally, the Commission continues to
proposed rule’s impact on efficiency, competition, 2017–035 and should be submitted on
and capital formation. See 15 U.S.C. 78c(f). or before December 19, 2017. 18 17 CFR 200.30–3(a)(12).

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56302 Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices

believe that this estimate is appropriate. notice is hereby given that on November and trading of an Affiliate Security 4 on
Thus the estimated total annual burden 17, 2017, NYSE American LLC (the the Exchange:
for rule 489 and Form F–N is 30 hours.1 ‘‘Exchange’’ or ‘‘NYSE American’’) filed • the Exchange will prepare a
Estimates of the average burden hours with the Securities and Exchange quarterly report on the Affiliate Security
are made solely for the purposes of the Commission (the ‘‘Commission’’) the (‘‘Quarterly Report’’) for the Exchange’s
Paperwork Reduction Act and are not proposed rule change as described in Regulatory Oversight Committee
derived from a comprehensive or even Items I, II, and III below, which Items (‘‘ROC’’), and a copy of the Quarterly
a representative survey or study of the have been prepared by the self- Report will be forwarded promptly to
costs of Commission rules and forms. regulatory organization. The the Securities and Exchange
Compliance with the collection of Commission is publishing this notice to Commission (‘‘Commission’’); and
information requirements of rule 489
solicit comments on the proposed rule • once a year, an independent
and Form F–N is mandatory to obtain accounting firm shall review the listing
change from interested persons.
the benefit of the exemption. Responses standards for the Affiliate Security to
to the collection of information will not I. Self-Regulatory Organization’s insure that the issuer is in compliance
be kept confidential. An agency may not Statement of the Terms of Substance of with the listing requirements (‘‘Annual
conduct or sponsor, and a person is not the Proposed Rule Change Report’’), and a copy of the Annual
required to respond to, a collection of Report shall be forwarded promptly to
information unless it displays a The Exchange proposes to amend the ROC and the Commission.
currently valid OMB control number. Rule 497—Equities (c) regarding the The Exchange proposes to amend
The public may view the background requirements for the listing of securities Rule 497—Equities (c) to remove the
documentation for this information that are issued by the Exchange or any requirement that copies of the Quarterly
collection at the following Web site, of its affiliates. The proposed rule and Annual Reports be forwarded to the
www.reginfo.gov. Comments should be change is available on the Exchange’s Commission, by deleting the final
directed to: (i) Desk Officer for the Web site at www.nyse.com, at the sentence of Rule 497—Equities (c)(1)
Securities and Exchange Commission, principal office of the Exchange, and at and the text ‘‘and the Commission’’
Office of Information and Regulatory the Commission’s Public Reference from the end of Rule 497—Equities
Affairs, Office of Management and Room. (c)(2). In addition, because the proposed
Budget, Room 10102, New Executive deletions would remove the definition
Office Building, Washington, DC 20503, II. Self-Regulatory Organization’s
of ‘‘Commission’’ currently in Rule
or by sending an email to: Shagufta_ Statement of the Purpose of, and
497—Equities (c)(1), the Exchange
Ahmed@omb.eop.gov; and (ii) Pamela Statutory Basis for, the Proposed Rule
proposes to add the definition to Rule
Dyson, Director/Chief Information Change
497—Equities (c)(3).
Officer, Securities and Exchange No other changes would be made to
Commission, c/o Remi Pavlik-Simon, In its filing with the Commission, the
self-regulatory organization included Rule 497—Equities (c), which would
100 F Street NE., Washington, DC 20549 continue to require that the Quarterly
or send an email to: PRA_Mailbox@ statements concerning the purpose of,
and basis for, the proposed rule change Report be prepared for the ROC and the
sec.gov. Comments must be submitted to Annual Report be forwarded promptly
OMB within 30 days of this notice. and discussed any comments it received
on the proposed rule change. The text to the ROC.
Dated: November 22, 2017.
of those statements may be examined at 2. Statutory Basis
Eduardo A. Aleman, the places specified in Item IV below.
Assistant Secretary. The Exchange believes that the
The Exchange has prepared summaries,
[FR Doc. 2017–25643 Filed 11–27–17; 8:45 am] proposed rule change is consistent with
set forth in sections A, B, and C below,
Section 6(b) of the Exchange Act 5 in
BILLING CODE P of the most significant parts of such
general, and Section 6(b)(5) 6 in
statements.
particular, in that it is designed to
SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s prevent fraudulent and manipulative
COMMISSION Statement of the Purpose of, and the acts and practices, to promote just and
Statutory Basis for, the Proposed Rule equitable principles of trade, to foster
[Release No. 34–82148; File No. SR–
Change cooperation and coordination with
NYSEAMER–2017–32]
persons engaged in regulating, clearing,
1. Purpose settling, processing information with
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and respect to, and facilitating transactions
The Exchange proposes to amend
Immediate Effectiveness of Proposed in securities, to remove impediments to,
Rule 497—Equities (c) (Additional
Rule Change To Amend Rule 497— and perfect the mechanism of a free and
Requirements for Listed Securities
Equities (c) Regarding the open market and a national market
Issued by ICE or its Affiliates) regarding
Requirements for the Listing of the requirements for the listing of 4 Pursuant to Rule 497—Equities (a), ‘‘Affiliate
Securities That Are Issued by the securities that are issued by the Security’’ means any security issued by an ICE
Exchange or Any of Its Affiliates Exchange or any of its affiliates. Affiliate or any Exchange-listed option on any such
security, and ‘‘ICE Affiliate’’ means ICE and any
November 22, 2017. Rule 497—Equities (c) sets forth entity that directly or indirectly, through one or
Pursuant to Section 19(b)(1) 1 of the certain monitoring requirements that more intermediaries, controls, is controlled by, or
ethrower on DSK3G9T082PROD with NOTICES

Securities Exchange Act of 1934 (the must be met throughout the continued is under common control with ICE, where ‘‘control’’
means that one entity possesses, directly or
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 listing and trading of securities issued indirectly, voting control of the other entity either
by the Exchange’s ultimate parent, through ownership of capital stock or other equity
1 30 responses per year × 1 hour per response =
Intercontinental Exchange, Inc. (‘‘ICE’’), securities or through majority representation on the
30 hours per year. board of directors or other management body of
1 15 U.S.C.78s(b)(1).
or its affiliates. More specifically, Rule such entity.
2 15 U.S.C. 78a. 497—Equities (c)(1) and (2) provide 5 15 U.S.C. 78f(b).
3 17 CFR 240.19b–4. that, throughout the continued listing 6 15 U.S.C. 78f(b)(5).

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Document Created: 2017-11-28 01:51:04
Document Modified: 2017-11-28 01:51:04

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 56301