83 FR 19386 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 85 (May 2, 2018)

Page Range		19386-19387
FR Document		2018-09278
Federal Register, Volume 83 Issue 85 (Wednesday, May 2, 2018)
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19386-19387]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09278]


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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 12f-1, SEC File No. 270-139, OMB Control No. 3235-0128

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (``PRA'') (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 approval of extension of 
the previously approved collection of information provided for in Rule 
12f-1 (17 CFR 240.12f-1) under the Securities Exchange Act of 1934 
(``Act'') (15 U.S.C. 78a et seq.).
    Rule 12f-1 (``Rule''), originally adopted in 1979 pursuant to 
Sections 12(f) and 23(a) of the Act, and as further modified in 1995 
and 2005, sets forth the requirements for filing an exchange 
application to reinstate unlisted trading privileges (``UTP'') in a 
security in which UTP has been suspended by the Commission pursuant to 
Section

[[Page 19387]]

12(f)(2)(A) of the Act. Under Rule 12f-1, an exchange must submit one 
copy of an application for reinstatement of UTP to the Commission that 
contains specified information, as set forth in the Rule. The 
application for reinstatement, pursuant to the Rule, must provide the 
name of the issuer, the title of the security, the name of each 
national securities exchange, if any, on which the security is listed 
or admitted to unlisted trading privileges, whether transaction 
information concerning the security is reported pursuant to an 
effective transaction reporting plan contemplated by Rule 601 of 
Regulation NMS, the date of the Commission's suspension of unlisted 
trading privileges in the security on the exchange, and any other 
pertinent information related to whether the reinstatement of UTP in 
the subject security is consistent with the maintenance of fair and 
orderly markets and the protection of investors. Rule 12f-1 further 
requires a national securities exchange seeking to reinstate its 
ability to extend unlisted trading privileges in a security to indicate 
that it has provided a copy of such application to the issuer of the 
security, as well as to any other national securities exchange on which 
the security is listed or admitted to unlisted trading privileges.
    The information required by Rule 12f-1 enables the Commission to 
make the necessary findings under the Act prior to granting 
applications to reinstate unlisted trading privileges. This information 
is also made available to members of the public who may wish to comment 
upon the applications. Without the Rule, the Commission would be unable 
to fulfill these statutory responsibilities.
    There are currently 21 national securities exchanges subject to 
Rule 12f-1. The burden of complying with Rule 12f-1 arises when a 
potential respondent seeks to reinstate its ability to extend unlisted 
trading privileges to any security for which unlisted trading 
privileges have been suspended by the Commission, pursuant to Section 
12(f)(2)(A) of the Act. The staff estimates that each application would 
require approximately one hour to complete. Thus each potential 
respondent would incur on average one burden hour in complying with the 
Rule.
    The Commission staff estimates that there could be as many as 21 
responses annually for an aggregate hour burden for all respondents of 
21 hours (21 responses x 1 hour per response). Each respondent's 
related internal cost of compliance for Rule 12f-1 would be $221.00, 
or, the cost of one hour of professional work of a paralegal needed to 
complete the application. The total annual cost of compliance for all 
potential respondents, therefore, is $4,641 (21 responses x $221.00 per 
response).
    Compliance with Rule 12f-1 is mandatory. Rule 12f-1 does not have a 
record retention requirement per se. However, responses made pursuant 
to Rule 12f-1 are subject to the recordkeeping requirements of Rules 
17a-3 and 17a-4 of the Act. Information received in response to Rule 
12f-1 shall not be kept confidential; the information collected is 
public 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 website: 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 27, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-09278 Filed 5-1-18; 8:45 am]
 BILLING CODE 8011-01-P
19386 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices

subparagraph (f)(6) of Rule 19b–4 Reference Room, 100 F Street NE, unless it displays a currently valid OMB
thereunder.8 Washington, DC 20549 on official control number. No person shall be
At any time within 60 days of the business days between the hours of subject to any penalty for failing to
filing of the proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the comply with a collection of information
Commission summarily may filing also will be available for subject to the PRA that does not display
temporarily suspend such rule change if inspection and copying at the principal a valid Office of Management and
it appears to the Commission that such office of the Exchange. All comments Budget (OMB) control number.
action is: (i) Necessary or appropriate in received will be posted without change. Background documentation for this
the public interest; (ii) for the protection Persons submitting comments are information collection may be viewed at
of investors; or (iii) otherwise in cautioned that we do not redact or edit the following website: www.reginfo.gov.
furtherance of the purposes of the Act. personal identifying information from Comments should be directed to: (i)
If the Commission takes such action, the comment submissions. You should Desk Officer for the Securities and
Commission shall institute proceedings submit only information that you wish Exchange Commission, Office of
to determine whether the proposed rule to make available publicly. All Information and Regulatory Affairs,
should be approved or disapproved. submissions should refer to File Office of Management and Budget,
Number SR–NASDAQ–2018–030, and Room 10102, New Executive Office
IV. Solicitation of Comments should be submitted on or before May Building, Washington, DC 20503, or by
Interested persons are invited to 23, 2018. sending an email to: Shagufta_
submit written data, views, and For the Commission, by the Division of Ahmed@omb.eop.gov; and (ii) Pamela
arguments concerning the foregoing, Trading and Markets, pursuant to delegated Dyson, Director/Chief Information
including whether the proposed rule authority.9 Officer, Securities and Exchange
change is consistent with the Act. Eduardo A. Aleman, Commission, c/o Remi Pavlik-Simon,
Comments may be submitted by any of Assistant Secretary. 100 F St NE, Washington, DC 20549 or
the following methods: [FR Doc. 2018–09260 Filed 5–1–18; 8:45 am] send an email to: PRA_Mailbox@
Electronic Comments BILLING CODE 8011–01–P sec.gov. Comments must be submitted to
OMB within 30 days of this notice.
• Use the Commission’s internet
Dated: April 26, 2018.
comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE
rules/sro.shtml); or Eduardo A. Aleman,
COMMISSION
• Send an email to rule-comments@ Assistant Secretary.
sec.gov. Please include File Number SR– Submission for OMB Review; [FR Doc. 2018–09270 Filed 5–1–18; 8:45 am]
NASDAQ–2018–030 on the subject line. Comment Request BILLING CODE 8011–01–P

Paper Comments Upon Written Request, Copies Available
• Send paper comments in triplicate From: Securities and Exchange SECURITIES AND EXCHANGE
to Secretary, Securities and Exchange Commission, Office of FOIA Services, COMMISSION
Commission, 100 F Street NE, 100 F Street NE, Washington, DC
Washington, DC 20549–1090. 20549–2736 Submission for OMB Review;
All submissions should refer to File Extension: Comment Request
Number SR–NASDAQ–2018–030. This Rule 17g–10 Form ABS Due Diligence—15; Upon Written Request, Copies Available
file number should be included on the SEC File No.270–597, OMB Control No.
3235–0694 From: Securities and Exchange
subject line if email is used. To help the Commission, Office of FOIA Services,
Commission process and review your Notice is hereby given that pursuant 100 F Street NE, Washington, DC
comments more efficiently, please use to the Paperwork Reduction Act of 1995 20549–2736
only one method. The Commission will (44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission Extension:
post all comments on the Commission’s Rule 12f–1, SEC File No. 270–139, OMB
internet website (http://www.sec.gov/ (‘‘Commission’’) has submitted to the Control No. 3235–0128
rules/sro.shtml). Copies of the Office of Management and Budget
submission, all subsequent (‘‘OMB’’) a request for approval of Notice is hereby given that, pursuant
amendments, all written statements extension of the previously approved to the Paperwork Reduction Act of 1995
with respect to the proposed rule collection of information provided for in (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
change that are filed with the Rule 17g–10 and Form ABS Due Securities and Exchange Commission
Commission, and all written Diligence—15E under the Securities (‘‘Commission’’) has submitted to the
communications relating to the Exchange Act of 1934 (15 U.S.C. 78a et Office of Management and Budget
proposed rule change between the seq.).1 (‘‘OMB’’) a request for approval of
Commission and any person, other than Rule 17g–10 contains certain extension of the previously approved
those that may be withheld from the certification requirements for third- collection of information provided for in
public in accordance with the party due diligence service providers Rule 12f–1 (17 CFR 240.12f–1) under
provisions of 5 U.S.C. 552, will be that are employed by an NRSRO, an the Securities Exchange Act of 1934
available for website viewing and issuer, or an underwriter, which must (‘‘Act’’) (15 U.S.C. 78a et seq.).
printing in the Commission’s Public be made on Form ABS Due Diligence— Rule 12f–1 (‘‘Rule’’), originally
15E. The Commission estimates that the adopted in 1979 pursuant to Sections
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8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– total burden for respondents to comply 12(f) and 23(a) of the Act, and as further
4(f)(6) requires a self-regulatory organization to give with Rule 17g–10 is 238 hours. modified in 1995 and 2005, sets forth
the Commission written notice of its intent to file The Commission may not conduct or the requirements for filing an exchange
the proposed rule change at least five business days application to reinstate unlisted trading
prior to the date of filing of the proposed rule
sponsor a collection of information
change, or such shorter time as designated by the
privileges (‘‘UTP’’) in a security in
Commission. The Exchange has satisfied this 9 17 CFR 200.30–3(a)(12). which UTP has been suspended by the
requirement. 1 See 17 CFR 240.17g–1 and 17 CFR 249b.300. Commission pursuant to Section

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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19387

12(f)(2)(A) of the Act. Under Rule 12f– professional work of a paralegal needed Commission (‘‘Commission’’), pursuant
1, an exchange must submit one copy of to complete the application. The total to Section 19(b)(1) 1 of the Securities
an application for reinstatement of UTP annual cost of compliance for all Exchange Act of 1934 (‘‘Act’’) 2 and Rule
to the Commission that contains potential respondents, therefore, is 19b–4 thereunder,3 a proposed rule
specified information, as set forth in the $4,641 (21 responses × $221.00 per change to list and trade shares of the
Rule. The application for reinstatement, response). Cboe Vest S&P 500® Premium Income
pursuant to the Rule, must provide the Compliance with Rule 12f–1 is ETF, a series of ETF Series Solutions
name of the issuer, the title of the mandatory. Rule 12f–1 does not have a (the ‘‘Trust’’). The proposed rule change
security, the name of each national record retention requirement per se. was published for comment in the
securities exchange, if any, on which However, responses made pursuant to Federal Register on January 26, 2018.4
the security is listed or admitted to Rule 12f–1 are subject to the On March 8, 2018, the Commission
unlisted trading privileges, whether recordkeeping requirements of Rules extended the time period within which
transaction information concerning the 17a–3 and 17a–4 of the Act. Information to approve the proposed rule change,
security is reported pursuant to an received in response to Rule 12f–1 shall disapprove the proposed rule change, or
effective transaction reporting plan not be kept confidential; the information institute proceedings to determine
contemplated by Rule 601 of Regulation collected is public information. whether to approve or disapprove the
NMS, the date of the Commission’s An agency may not conduct or proposed rule change.5 On April 18,
suspension of unlisted trading sponsor, and a person is not required to 2018, the Exchange filed Amendment
privileges in the security on the respond to, a collection of information No. 1 to the proposed rule change,
exchange, and any other pertinent under the PRA unless it displays a which replaced and superseded the
information related to whether the currently valid OMB control number. proposed rule change as originally
reinstatement of UTP in the subject The public may view background filed.6 The Commission received no
security is consistent with the documentation for this information comments on the proposed rule change.
maintenance of fair and orderly markets collection at the following website: The Commission is publishing this
and the protection of investors. Rule www.reginfo.gov. Comments should be notice to solicit comments on
12f–1 further requires a national directed to: (i) Desk Officer for the Amendment No. 1 from interested
securities exchange seeking to reinstate Securities and Exchange Commission, persons and is approving the proposed
its ability to extend unlisted trading Office of Information and Regulatory rule change, as modified by Amendment
privileges in a security to indicate that Affairs, Office of Management and No. 1, on an accelerated basis.
it has provided a copy of such Budget, Room 10102, New Executive
application to the issuer of the security, II. The Exchange’s Description of the
Office Building, Washington, DC 20503, Proposed Rule Change, as Modified by
as well as to any other national or by sending an email to: Shagufta_
securities exchange on which the Amendment No. 1
Ahmed@omb.eop.gov; and (ii) Pamela
security is listed or admitted to unlisted Dyson, Director/Chief Information In its filing with the Commission, the
trading privileges. Officer, Securities and Exchange Exchange included statements
The information required by Rule Commission, c/o Remi Pavlik-Simon, concerning the purpose of and basis for
12f–1 enables the Commission to make 100 F Street NE, Washington, DC 20549 the proposed rule change and discussed
the necessary findings under the Act or send an email to: PRA_Mailbox@ any comments it received on the
prior to granting applications to sec.gov. Comments must be submitted to proposed rule change. The text of these
reinstate unlisted trading privileges. statements may be examined at the
OMB within 30 days of this notice.
This information is also made available places specified in Item IV below. The
to members of the public who may wish Dated: April 27, 2018. Exchange has prepared summaries, set
to comment upon the applications. Eduardo A. Aleman, forth in Sections A, B, and C below, of
Without the Rule, the Commission Assistant Secretary. the most significant parts of such
would be unable to fulfill these [FR Doc. 2018–09278 Filed 5–1–18; 8:45 am] statements.
statutory responsibilities. BILLING CODE 8011–01–P
There are currently 21 national A. Self-Regulatory Organization’s
securities exchanges subject to Rule Statement of the Purpose of, and
12f–1. The burden of complying with SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule
Rule 12f–1 arises when a potential COMMISSION Change
respondent seeks to reinstate its ability 1. Purpose
to extend unlisted trading privileges to [Release No. 34–83114; File No. SR–
any security for which unlisted trading CboeBZX–2018–005] The Exchange proposes to list and
privileges have been suspended by the trade shares (‘‘Shares’’) of Cboe Vest
Self-Regulatory Organizations; Cboe S&P 500® Premium Income ETF (the
Commission, pursuant to Section BZX Exchange, Inc.; Notice of Filing of
12(f)(2)(A) of the Act. The staff estimates ‘‘Fund’’) under Rule 14.11(c)(4), which
Amendment No. 1 and Order Granting governs the listing and trading of Index
that each application would require Accelerated Approval of a Proposed
approximately one hour to complete. Fund Shares based on fixed income
Rule Change, as Modified by
Thus each potential respondent would Amendment No. 1 Thereto, To List and 1 15 U.S.C. 78s(b)(1).
incur on average one burden hour in Trade Shares of the Cboe Vest S&P 2 15 U.S.C. 78a.
complying with the Rule. 500® Premium Income ETF Under Rule 3 17 CFR 240.19b–4.
The Commission staff estimates that
daltland on DSKBBV9HB2PROD with NOTICES

14.11(c)(4) 4 See Securities Exchange Act Release No. 82538
there could be as many as 21 responses (January 19, 2018), 83 FR 3807.
annually for an aggregate hour burden April 26, 2018. 5 See Securities Exchange Act Release No. 82832,

for all respondents of 21 hours (21 82 FR 11269 (March 14, 2018) (extending the time
responses × 1 hour per response). Each I. Introduction period to April 26, 2018).
6 Amendment No. 1 to the proposed rule change
respondent’s related internal cost of On January 10, 2018, Cboe BZX is available at: https://www.sec.gov/comments/sr-
compliance for Rule 12f–1 would be Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’) cboebzx-2017-005/cboebzx2017005-3458514-
$221.00, or, the cost of one hour of filed with the Securities and Exchange 162203.pdf.

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Document Created: 2018-05-02 00:49:37
Document Modified: 2018-05-02 00:49:37
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		83 FR 19386