83 FR 22554 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 94 (May 15, 2018)

Page Range		22554-22555
FR Document		2018-10241

Federal Register, Volume 83 Issue 94 (Tuesday, May 15, 2018)

[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22554-22555]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10241]


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

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-221, OMB Control No. 3235-0232]


Proposed Collection; 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:
    Form 1-E, Regulation E

    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'') is soliciting comments on the 
collection of information summarized below. The Commission plans to 
submit this existing collection of information of the Office of 
Management and Budget for extension and approval.
    Form 1-E (17 CFR 239.200) under the Securities Act of 1933 (15 
U.S.C. 77a et seq.) (``Securities Act'') is the form that a small 
business investment company (``SBIC'') or business development company 
(``BDC'') uses to notify the Commission that it is claiming an 
exemption under Regulation E from registering its securities under the 
Securities Act. Rule 605 of Regulation E (17 CFR 230.605) under the 
Securities Act requires an SBIC or BDC claiming such an exemption to 
file an offering circular with the Commission that must also be 
provided to persons to whom an offer is made. Form 1-E requires an 
issuer to provide the names and addresses of the issuer, its 
affiliates, directors, officers, and counsel; a description of events 
which would make the exemption unavailable; the jurisdictions in which 
the issuer intends to offer the securities; information about 
unregistered securities issued or sold by the issuer within one year 
before filing the notification on Form 1-E; information as to whether 
the issuer is presently offering or contemplating offering any other 
securities; and exhibits, including copies of the rule 605 offering 
circular and any underwriting contracts.
    The Commission uses the information provided in the notification on 
Form 1-E and the offering circular to determine whether an offering 
qualifies for the exemption under Regulation E. The Commission 
estimates that, each year, one issuer files one notification on Form 1-
E, together with offering circulars,

[[Page 22555]]

with the Commission.\1\ Based on the Commission's experience with 
disclosure documents, we estimate that the burden from compliance with 
Form 1-E and the offering circular requires approximately 100 hours per 
filing. The annual burden hours for compliance with Form 1-E and the 
offering circular would be 200 hours (2 responses x 100 hours per 
response). Estimates of the burden hours are made solely for the 
purposes of the PRA, and are not derived from a comprehensive or even a 
representative survey or study of the costs of SEC rules and forms.
---------------------------------------------------------------------------

    \1\ According to Commission records, one issuer filed two 
notifications on Form 1-E, together with offering circulars, during 
2013 and 2014.
---------------------------------------------------------------------------

    Written comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden of the collection of information; (c) ways to enhance the 
quality, utility, and clarity of the information collected; and (d) 
ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology. Consideration will 
be given to comments and suggestions submitted in writing within 60 
days of this publication.
    Please direct your written comments to Pamela Dyson, Acting 
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].

    Dated: May 9, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10241 Filed 5-14-18; 8:45 am]
 BILLING CODE 8011-01-P

22554 Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices

consistent with the protection of Comments may be submitted by any of SECURITIES AND EXCHANGE
investors and the public interest, the the following methods: COMMISSION
proposed rule change has become
effective pursuant to Section 19(b)(3)(A) Electronic Comments
[SEC File No. 270–221, OMB Control No.
of the Act 12 and Rule 19b–4(f)(6) • Use the Commission’s internet 3235–0232]
thereunder.13 comment form (http://www.sec.gov/
A proposed rule change filed under rules/sro.shtml); or Proposed Collection; Comment
Rule 19b–4(f)(6) 9 normally does not Request
become operative for 30 days after the • Send an email to rule-comments@
date of filing. However, pursuant to sec.gov. Please include File Number SR– Upon Written Request, Copies Available
Rule 19b–4(f)(6)(iii),10 the Commission BX–2018–016 on the subject line. From: Securities and Exchange
may designate a shorter time if such Commission, Office of FOIA Services,
Paper Comments
action is consistent with the protection 100 F Street NE, Washington, DC
of investors and the public interest. The • Send paper comments in triplicate 20549–2736
Exchange has asked the Commission to to Secretary, Securities and Exchange Extension:
waive the 30-day operative delay so that Commission, 100 F Street NE, Form 1–E, Regulation E
the proposal may become operative Washington, DC 20549–1090.
immediately upon filing. The Exchange Notice is hereby given that, pursuant
states that such waiver will allow it to All submissions should refer to File to the Paperwork Reduction Act of 1995
update its rules immediately to provide Number SR–BX–2018–016. This file (44 U.S.C. 3501 et seq.), the Securities
more information regarding the order number should be included on the and Exchange Commission (the
and execution information it offers and subject line if email is used. To help the ‘‘Commission’’) is soliciting comments
further the protection of investors and Commission process and review your on the collection of information
the public interest because it will comments more efficiently, please use summarized below. The Commission
provide greater transparency as to the only one method. The Commission will plans to submit this existing collection
trade detail available to members. For post all comments on the Commission’s of information of the Office of
this reason, the Commission believes internet website (http://www.sec.gov/ Management and Budget for extension
that waiving the 30-day operative delay rules/sro.shtml). Copies of the and approval.
is consistent with the protection of submission, all subsequent Form 1–E (17 CFR 239.200) under the
investors and the public interest and, amendments, all written statements Securities Act of 1933 (15 U.S.C. 77a et
therefore, the Commission designates with respect to the proposed rule seq.) (‘‘Securities Act’’) is the form that
the proposed rule change to be operative change that are filed with the a small business investment company
upon filing.14 Commission, and all written (‘‘SBIC’’) or business development
At any time within 60 days of the communications relating to the company (‘‘BDC’’) uses to notify the
filing of the proposed rule change, the proposed rule change between the Commission that it is claiming an
Commission summarily may Commission and any person, other than exemption under Regulation E from
temporarily suspend such rule change if those that may be withheld from the registering its securities under the
it appears to the Commission that such public in accordance with the Securities Act. Rule 605 of Regulation E
action is necessary or appropriate in the provisions of 5 U.S.C. 552, will be (17 CFR 230.605) under the Securities
public interest, for the protection of available for website viewing and Act requires an SBIC or BDC claiming
investors, or otherwise in furtherance of printing in the Commission’s Public such an exemption to file an offering
the purposes of the Act. If the Reference Room, 100 F Street NE, circular with the Commission that must
Commission takes such action, the Washington, DC 20549, on official also be provided to persons to whom an
Commission shall institute proceedings business days between the hours of offer is made. Form 1–E requires an
to determine whether the proposed rule 10:00 a.m. and 3:00 p.m. Copies of the issuer to provide the names and
should be approved or disapproved. filing also will be available for addresses of the issuer, its affiliates,
inspection and copying at the principal directors, officers, and counsel; a
IV. Solicitation of Comments description of events which would
office of the Exchange. All comments
Interested persons are invited to received will be posted without change. make the exemption unavailable; the
submit written data, views, and Persons submitting comments are jurisdictions in which the issuer intends
arguments concerning the foregoing, cautioned that we do not redact or edit to offer the securities; information about
including whether the proposed rule personal identifying information from unregistered securities issued or sold by
change is consistent with the Act. comment submissions. You should the issuer within one year before filing
submit only information that you wish the notification on Form 1–E;
12 15 U.S.C. 78s(b)(3)(A). to make available publicly. All information as to whether the issuer is
13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– submissions should refer to File presently offering or contemplating
4(f)(6)(iii) requires the Exchange to give the
Number SR–BX–2018–016 and should offering any other securities; and
Commission written notice the Exchange’s intent to exhibits, including copies of the rule
file the proposed rule change, along with a brief be submitted on or before June 5, 2018.
description and text of the proposed rule change at 605 offering circular and any
least five business days prior to the date of filing
For the Commission, by the Division of underwriting contracts.
of the proposed rule change, or such shorter time Trading and Markets, pursuant to delegated
The Commission uses the information
as designated by the Commission. The Exchange authority.15
daltland on DSKBBV9HB2PROD with NOTICES

has satisfied this requirement. provided in the notification on Form 1–
9 17 CFR 240.19b–4(f)(6).
Eduardo A. Aleman, E and the offering circular to determine
10 17 CFR 240.19b–4(f)(6)(iii). Assistant Secretary. whether an offering qualifies for the
14 For purposes only of waiving the 30-day [FR Doc. 2018–10259 Filed 5–14–18; 8:45 am] exemption under Regulation E. The
operative delay, the Commission has also BILLING CODE 8011–01–P Commission estimates that, each year,
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
one issuer files one notification on Form
15 U.S.C. 78c(f). 15 17 CFR 200.30–3(a)(12). 1–E, together with offering circulars,

VerDate Sep<11>2014 20:27 May 14, 2018 Jkt 244001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1

Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices 22555

with the Commission.1 Based on the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange proposes to reorganize
Commission’s experience with notice is hereby given that on April 27, Section VII, B to list order and quote
disclosure documents, we estimate that 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or protocols first, order and execution
the burden from compliance with Form ‘‘Exchange’’) filed with the Securities offerings next, followed by data ports
1–E and the offering circular requires and Exchange Commission and other ports as the last section. The
approximately 100 hours per filing. The (‘‘Commission’’) the proposed rule Exchange proposes to list data offerings
annual burden hours for compliance change as described in Items I and II which are offered at no cost. The
with Form 1–E and the offering circular below, which Items have been prepared Exchange believes that aligning its
would be 200 hours (2 responses × 100 by the Exchange. The Commission is offerings, where relevant, across the
hours per response). Estimates of the publishing this notice to solicit Nasdaq Affiliated Markets will provide
burden hours are made solely for the comments on the proposed rule change more transparency as to the offerings for
purposes of the PRA, and are not from interested persons. market participants.
derived from a comprehensive or even I. Self-Regulatory Organization’s Ports
a representative survey or study of the Statement of the Terms of Substance of
costs of SEC rules and forms. the Proposed Rule Change The Exchange proposes to define a
Written comments are invited on: (a) port within Section VII, B to provide
Whether the proposed collection of The Exchange proposes to reorganize additional clarity to the Pricing
information is necessary for the proper and amend the Exchange’s Pricing Schedule as ‘‘a logical connection or
performance of the functions of the Schedule at Section VII, B, entitled session that enables a market participant
agency, including whether the ‘‘Port Fees.’’ to send inbound messages and/or
information will have practical utility; The text of the proposed rule change receive outbound messages from the
(b) the accuracy of the agency’s estimate is available on the Exchange’s website at Exchange using various communication
http://nasdaqphlx.cchwallstreet.com/,
of the burden of the collection of protocols.’’ The Exchange believes this
at the principal office of the Exchange,
information; (c) ways to enhance the definition will assist members in
and at the Commission’s Public
quality, utility, and clarity of the distinguishing ports from other
Reference Room.
information collected; and (d) ways to offerings.
minimize the burden of the collection of II. Self-Regulatory Organization’s
Order and Quote Protocols
information on respondents, including Statement of the Purpose of, and
through the use of automated collection Statutory Basis for, the Proposed Rule The Exchange proposes to add a new
techniques or other forms of information Change section (i) and include the following
technology. Consideration will be given In its filing with the Commission, the introductory sentence, ‘‘The following
to comments and suggestions submitted Exchange included statements order and quote protocols are available
in writing within 60 days of this concerning the purpose of and basis for on Phlx.’’
publication. the proposed rule change and discussed Today, Phlx offers members an Order
Please direct your written comments any comments it received on the Entry order protocol, an Active SQF
to Pamela Dyson, Acting Director/Chief proposed rule change. The text of these quote protocol as well as an SQF Purge
Information Officer, Securities and statements may be examined at the Port. These fees currently exist on the
Exchange Commission, C/O Remi places specified in Item IV below. The Pricing Schedule. The Exchange is not
Pavlik-Simon, 100 F Street NE, Exchange has prepared summaries, set amending any pricing related to these
Washington, DC 20549; or send an email forth in sections A, B, and C below, of protocols. The Exchange proposes to
to: PRA_Mailbox@sec.gov. the most significant aspects of such rename ‘‘Order Entry Port Fee’’ as ‘‘FIX
Dated: May 9, 2018. statements. Port Fee.’’ This description is more
Eduardo A. Aleman, accurate as ‘‘FIX’’ is the name of the
A. Self-Regulatory Organization’s order entry protocol. Nasdaq ISE, LLC
Assistant Secretary. Statement of the Purpose of, and the
calls this protocol ‘‘FIX’’ in its fee
[FR Doc. 2018–10241 Filed 5–14–18; 8:45 am] Statutory Basis for, the Proposed Rule
schedule.4 The Exchange proposes to
BILLING CODE 8011–01–P Change
remove the word ‘‘Active’’ before SQF
1. Purpose Port from the title of the offering. The
SECURITIES AND EXCHANGE The Exchange proposes to reorganize term ‘‘active’’ refers to the manner in
COMMISSION and amend the Exchange’s Pricing which the port is billed. For consistency
Schedule at Section VII, B, entitled the Exchange proposes to refer the SQF
[Release No. 34–83194; File No. SR–Phlx– ‘‘Port Fees.’’ The Exchange offers Port without the ‘‘Active’’ to conform
2018–34] various services across its 6 affiliated the naming of the offering to that of the
options markets, Phlx, Nasdaq BX, Inc., Nasdaq Affiliated Markets. The
Self-Regulatory Organizations; Nasdaq Exchange will continue to use the word
The Nasdaq Options Market LLC,
PHLX LLC; Notice of Filing and ‘‘active,’’ which is proposed to be
Nasdaq ISE, LLC, Nasdaq GEMX, LLC
Immediate Effectiveness of a Proposed lowercase, to describe the manner in
and Nasdaq MRX, LLC (‘‘Nasdaq
Rule Change To Reorganize and which the port will be billed. The
Affiliated Markets’’).3 The Exchange
Amend the Exchange’s Pricing Exchange proposes to define the term
desires to rename services to conform
Schedule at Section VII, B, Entitled ‘‘active’’ to mean that the port was
the naming of the offerings across all
‘‘Port Fees’’ utilized to submit a quote to the System
Nasdaq Affiliated Markets. The
daltland on DSKBBV9HB2PROD with NOTICES

May 9, 2018. during a given month. The Exchange
Pursuant to Section 19(b)(1) of the
1 15 U.S.C. 78s(b)(1). believes that this definition will provide
Securities Exchange Act of 1934 (the
2 17 CFR 240.19b–4. greater transparency as to the manner in
3 The Exchange will file a similar rule change on
which the term ‘‘active’’ is applied
each Nasdaq Affiliated Market to conform the today by the Exchange.
1 According to Commission records, one issuer offerings by amending naming to make them similar
filed two notifications on Form 1–E, together with and delineating each offering on the fee schedule
offering circulars, during 2013 and 2014. where no fee is assessed. 4 See ISE’s Fee Schedule at Chapter V, Part D.

VerDate Sep<11>2014 20:27 May 14, 2018 Jkt 244001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1

Document Created: 2018-05-15 00:33:27
Document Modified: 2018-05-15 00:33:27

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 22554