83_FR_8168 83 FR 8131 - Submission for OMB Review; Comment Request

83 FR 8131 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 37 (February 23, 2018)

Page Range8131-8132
FR Document2018-03739

Federal Register, Volume 83 Issue 37 (Friday, February 23, 2018)
[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8131-8132]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03739]


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

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:
    Form 2-E under Rule 609; SEC File No. 270-222, OMB Control No. 
3235-0233

    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'') has submitted to the Office of 
Management and Budget (``OMB'') a request for extension of the 
previously approved collection of information discussed below.
    Rule 609 (17 CFR 230.609) under the Securities Act of 1933 (15 
U.S.C. 77a et seq.) requires small business investment

[[Page 8132]]

companies and business development companies that have engaged in 
offerings of securities that are exempt from registration pursuant to 
Regulation E under the Securities Act of 1933 (17 CFR 230.601 to 610a) 
to report semi-annually on Form 2-E (17 CFR 239.201) the progress of 
the offering. The form solicits information such as the dates an 
offering commenced and was completed (if completed), the number of 
shares sold and still being offered, amounts received in the offering, 
and expenses and underwriting discounts incurred in the offering. The 
information provided on Form 2-E assists the staff in monitoring the 
progress of the offering and in determining whether the offering has 
stayed within the limits set for an offering exempt under Regulation E.
    There has not been a Form 2-E filing since calendar year 2010, when 
there was one filing of Form 2-E by one respondent. The Commission has 
previously estimated that the total annual burden associated with 
information collection and Form 2-E preparation and submission is four 
hours per filing. Although there have been no filings made under this 
rule since 2010, we are requesting one annual response and an annual 
burden of one hour for administrative purposes. Estimates of average 
burden hours are made solely for the purposes of the Paperwork 
Reduction Act and are not derived from a comprehensive or even 
representative survey or study of the costs of Commission rules and 
forms. The collection of information under rule 609 and Form 2-E is 
mandatory. The information provided under rule 609 and Form 2-E 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 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: 
Shagufta_Ahmed@omb.eop.gov; 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: PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30 
days of this notice.

    Dated: February 20, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03739 Filed 2-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices                                                 8131

                                               Monday expirations pursuant to its                        proposal to list and trade Monday SPY                 internet website (http://www.sec.gov/
                                               nonstandard expirations pilot program.                    Expirations.22 The Exchange has stated                rules/sro.shtml). Copies of the
                                               BZX Options does not believe the                          that waiver of the operative delay will               submission, all subsequent
                                               proposed rule change will impose any                      allow the Exchange to list and trade                  amendments, all written statements
                                               burden on intramarket competition, as                     Monday SPY Expirations as soon as                     with respect to the proposed rule
                                               all market participants will be treated in                possible, and therefore, promote                      change that are filed with the
                                               the same manner as they are with                          competition among the option                          Commission, and all written
                                               respect to existing Short Term Option                     exchanges. For these reasons, the                     communications relating to the
                                               Series. BZX Options does not believe                      Commission believes that the proposed                 proposed rule change between the
                                               the proposed rule change will impose                      rule change presents no novel issues                  Commission and any person, other than
                                               any burden on intermarket competition,                    and that waiver of the 30-day operative               those that may be withheld from the
                                               as Phlx recently received Commission                      delay is consistent with the protection               public in accordance with the
                                               approval to list Monday SPY                               of investors and the public interest, and             provisions of 5 U.S.C. 552, will be
                                               Expirations.18 BZX Options believes                       will allow the Exchange to remain                     available for website viewing and
                                               this proposed rule change is necessary                    competitive with other exchanges.                     printing in the Commission’s Public
                                               to ensure fair competition among the                      Therefore, the Commission hereby                      Reference Room, 100 F Street, NE,
                                               options exchanges. Additionally,                          waives the 30-day operative delay and                 Washington, DC 20549, on official
                                               nothing prevents other options                            designates the proposal operative upon                business days between the hours of
                                               exchange from proposing similar rules                     filing.23                                             10:00 a.m. and 3:00 p.m. Copies of such
                                               to list and trade short-term option series                   At any time within 60 days of the                  filing will also be available for
                                               in SPY with Monday expirations.                           filing of the proposed rule change, the               inspection and copying at the principal
                                                                                                         Commission summarily may                              office of the Exchange. All comments
                                               (C) Self-Regulatory Organization’s                        temporarily suspend such rule change if               received will be posted without change.
                                               Statement on Comments on the                              it appears to the Commission that such                Persons submitting comments are
                                               Proposed Rule Change Received From
                                                                                                         action is necessary or appropriate in the             cautioned that we do not redact or edit
                                               Members, Participants or Others
                                                                                                         public interest, for the protection of                personal identifying information from
                                                 The Exchange neither solicited nor                      investors, or otherwise in furtherance of             comment submissions. You should
                                               received comments on the proposed                         the purposes of the Act. If the                       submit only information that you wish
                                               rule change.                                              Commission takes such action, the                     to make available publicly. All
                                               III. Date of Effectiveness of the                         Commission shall institute proceedings                submissions should refer to File No.
                                               Proposed Rule Change and Timing for                       to determine whether the proposed rule                SR–CboeBZX–2018–012 and should be
                                               Commission Action                                         should be approved or disapproved.                    submitted on or before March 16, 2018.
                                                  Because the foregoing proposed rule                    IV. Solicitation of Comments                            For the Commission, by the Division of
                                                                                                                                                               Trading and Markets, pursuant to delegated
                                               change does not: (i) Significantly affect                   Interested persons are invited to                   authority.24
                                               the protection of investors or the public                 submit written data, views and                        Eduardo A. Aleman,
                                               interest; (ii) impose any significant                     arguments concerning the foregoing,
                                               burden on competition; and (iii) become                                                                         Assistant Secretary.
                                                                                                         including whether the proposal is
                                               operative for 30 days from the date on                                                                          [FR Doc. 2018–03696 Filed 2–22–18; 8:45 am]
                                                                                                         consistent with the Act. Comments may
                                               which it was filed, or such shorter time                  be submitted by any of the following                  BILLING CODE 8011–01–P
                                               as the Commission may designate, the                      methods:
                                               proposed rule change has become
                                               effective pursuant to Section 19(b)(3)(A)                 Electronic Comments                                   SECURITIES AND EXCHANGE
                                               of the Act 19 and Rule 19b–4(f)(6)                          • Use the Commission’s internet                     COMMISSION
                                               thereunder.20                                             comment form (http://www.sec.gov/                     Submission for OMB Review;
                                                  A proposed rule change filed under                     rules/sro.shtml); or                                  Comment Request
                                               Rule 19b–4(f)(6) normally does not                          • Send an email to rule-comments@
                                               become operative for 30 days from the                     sec.gov. Please include File No. SR–                  Upon Written Request, Copies Available
                                               date of filing. However, Rule 19b–                        CboeBZX–2018–012 on the subject line.                  From: Securities and Exchange
                                               4(f)(6)(iii) 21 permits the Commission to                                                                        Commission, Office of FOIA Services,
                                               designate a shorter time if such action                   Paper Comments                                         100 F Street NE, Washington, DC
                                               is consistent with the protection of                        • Send paper comments in triplicate                  20549–2736
                                               investors and the public interest. The                    to Secretary, Securities and Exchange                 Extension:
                                               Exchange has asked the Commission to                      Commission, 100 F Street NE,                            Form 2–E under Rule 609; SEC File No.
                                               waive the 30-day operative delay so that                  Washington, DC 20549–1090.                                270–222, OMB Control No. 3235–0233
                                               the proposal may become operative                         All submissions should refer to File No.                 Notice is hereby given that, pursuant
                                               immediately upon filing. The                              SR–CboeBZX–2018–012. This file                        to the Paperwork Reduction Act of 1995
                                               Commission notes that it recently                         number should be included on the                      (44 U.S.C. 3501 et seq.), the Securities
                                               approved Phlx’s substantially similar                     subject line if email is used. To help the            and Exchange Commission (the
                                                                                                         Commission process and review your                    ‘‘Commission’’) has submitted to the
                                                 18 Id.
                                                                                                         comments more efficiently, please use                 Office of Management and Budget
                                                 19 15  U.S.C. 78s(b)(3)(A).                             only one method. The Commission will                  (‘‘OMB’’) a request for extension of the
daltland on DSKBBV9HB2PROD with NOTICES




                                                 20 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               4(f)(6) requires a self-regulatory organization to give
                                                                                                         post all comments on the Commission’s                 previously approved collection of
                                               the Commission written notice of its intention to                                                               information discussed below.
                                               file the proposed rule change at least five business        22 See supra note 5.                                   Rule 609 (17 CFR 230.609) under the
                                               days prior to the date of filing of the proposed rule       23 For purposes only of waiving the 30-day
                                               change, or such shorter time as designated by the
                                                                                                                                                               Securities Act of 1933 (15 U.S.C. 77a et
                                                                                                         operative delay, the Commission has also
                                               Commission. The Exchange has satisfied this               considered the proposed rule’s impact on              seq.) requires small business investment
                                               requirement.                                              efficiency, competition, and capital formation. See
                                                  21 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).                                       24 17   CFR 200.30–3(a)(12).



                                          VerDate Sep<11>2014    18:52 Feb 22, 2018   Jkt 244001   PO 00000   Frm 00087   Fmt 4703   Sfmt 4703   E:\FR\FM\23FEN1.SGM     23FEN1


                                               8132                          Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                               companies and business development                        Dated: February 20, 2018.                           II. Self-Regulatory Organization’s
                                               companies that have engaged in                          Eduardo A. Aleman,                                    Statement of the Purpose of, and
                                               offerings of securities that are exempt                 Assistant Secretary.                                  Statutory Basis for, the Proposed Rule
                                               from registration pursuant to Regulation                [FR Doc. 2018–03739 Filed 2–22–18; 8:45 am]           Change
                                               E under the Securities Act of 1933 (17                  BILLING CODE 8011–01–P                                   In its filing with the Commission, the
                                               CFR 230.601 to 610a) to report semi-                                                                          self-regulatory organization included
                                               annually on Form 2–E (17 CFR 239.201)                                                                         statements concerning the purpose of,
                                               the progress of the offering. The form                  SECURITIES AND EXCHANGE                               and basis for, the proposed rule change
                                               solicits information such as the dates an               COMMISSION                                            and discussed any comments it received
                                               offering commenced and was completed                                                                          on the proposed rule change. The text
                                               (if completed), the number of shares                    [Release No. 34–82737; File No. SR–
                                                                                                       NYSEAMER–2018–04]
                                                                                                                                                             of those statements may be examined at
                                               sold and still being offered, amounts                                                                         the places specified in Item IV below.
                                               received in the offering, and expenses                  Self-Regulatory Organizations; NYSE                   The Exchange has prepared summaries,
                                               and underwriting discounts incurred in                  American LLC; Notice of Filing and                    set forth in sections A, B, and C below,
                                               the offering. The information provided                  Immediate Effectiveness of Proposed                   of the most significant parts of such
                                               on Form 2–E assists the staff in                        Rule Change To Amend Its Listing                      statements.
                                               monitoring the progress of the offering                 Standard for Warrants in Section 105                  A. Self-Regulatory Organization’s
                                               and in determining whether the offering                 of the NYSE American Company Guide                    Statement of the Purpose of, and the
                                               has stayed within the limits set for an
                                                                                                       February 16, 2018.                                    Statutory Basis for, the Proposed Rule
                                               offering exempt under Regulation E.                                                                           Change
                                                  There has not been a Form 2–E filing                    Pursuant to Section 19(b)(1) of the
                                               since calendar year 2010, when there                    Securities Exchange Act of 1934                       1. Purpose
                                               was one filing of Form 2–E by one                       (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                  The Exchange proposes to amend its
                                               respondent. The Commission has                          notice is hereby given that on February               listing standard for warrants as set forth
                                               previously estimated that the total                     6, 2018, NYSE American LLC (‘‘NYSE                    in Section 105 of the Company Guide to
                                               annual burden associated with                           American’’ or the ‘‘Exchange’’) filed                 provide that any reduction in the
                                               information collection and Form 2–E                     with the Securities and Exchange                      exercise price of a listed warrant must
                                               preparation and submission is four                      Commission (‘‘SEC’’ or ‘‘Commission’’)                be widely publicized and must continue
                                                                                                       the proposed rule change as described                 in effect for at least 20 business days (or
                                               hours per filing. Although there have
                                                                                                       in Items I and II below, which Items                  such longer period as may be required
                                               been no filings made under this rule
                                                                                                       have been prepared by the Exchange.                   under the tender offer rules of the
                                               since 2010, we are requesting one
                                                                                                       The Commission is publishing this                     Securities and Exchange Commission
                                               annual response and an annual burden
                                                                                                       notice to solicit comments on the                     (‘‘SEC’’ or ‘‘Commission’’)) and
                                               of one hour for administrative purposes.
                                                                                                       proposed rule change from interested                  otherwise comply with any other
                                               Estimates of average burden hours are
                                                                                                       persons.                                              applicable tender offer regulatory
                                               made solely for the purposes of the
                                               Paperwork Reduction Act and are not                     I. Self-Regulatory Organization’s                     provisions under the federal securities
                                               derived from a comprehensive or even                    Statement of the Terms of Substance of                laws, including Section 13(e) of the Act
                                               representative survey or study of the                   the Proposed Rule Change                              and Rule 13e–4 under the Act.
                                                                                                                                                                Section 105 currently provides that
                                               costs of Commission rules and forms.                       The Exchange proposes to amend its                 the issuer of a listed warrant may reduce
                                               The collection of information under rule                listing standard for warrants as set forth            the exercise price of such warrant
                                               609 and Form 2–E is mandatory. The                      in Section 105 of the NYSE American                   provided that in doing so it establishes
                                               information provided under rule 609                     Company Guide (the ‘‘Company Guide’’)                 a minimum period of ten business days
                                               and Form 2–E will not be kept                           to provide that any reduction in the                  within which such price reduction will
                                               confidential. An agency may not                         exercise price of a listed warrant must               be in effect.6 The Exchange now
                                               conduct or sponsor, and a person is not                 be widely publicized and must continue                proposes to amend this provision so that
                                               required to respond to, a collection of                 in effect for at least 20 business days 3             it will be consistent with the tender
                                               information unless it displays a                        (or such longer period as may be                      offer regulatory provisions applicable
                                               currently valid OMB control number.                     required under the tender offer rules of              under the federal securities laws and
                                                  The public may view the background                   the Securities and Exchange                           SEC rules.7
                                               documentation for this information                      Commission (‘‘SEC’’ or ‘‘Commission’’))                  A reduction in the exercise price of
                                               collection at the following website,                    and otherwise comply with any other                   publicly-traded warrants for a limited
                                               www.reginfo.gov. Comments should be                     applicable tender offer regulatory                    time period is deemed to be a tender
                                               directed to: (i) Desk Officer for the                   provisions under the federal securities               offer by the SEC staff and is therefore
                                               Securities and Exchange Commission,                     laws, including Section 13(e) 4 of the                subject to the requirements of the SEC’s
                                               Office of Information and Regulatory                    Act and Rule 13e–4 5 under the Act. The               tender offer rules as set forth in
                                               Affairs, Office of Management and                       proposed rule change is available on the              Regulation 14E under the Act.8 SEC
                                               Budget, Room 10102, New Executive                       Exchange’s website at www.nyse.com, at                Rule 14e–1(a) 9 requires that any tender
                                               Office Building, Washington, DC 20503,                  the principal office of the Exchange, and             offer subject to Regulation 14E be held
                                               or by sending an email to: Shagufta_                    at the Commission’s Public Reference
                                                                                                                                                                6 Section 105 in its current form was approved in
                                               Ahmed@omb.eop.gov; and (ii) Pamela                      Room.
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                             Securities Exchange Act Release No. 22777 (January
                                               Dyson, Director/Chief Information                                                                             8, 1986); 51 FR 2613 (January 17, 1986).
                                                                                                         1 15 U.S.C. 78s(b)(1).
                                               Officer, Securities and Exchange                                                                                 7 The proposed amendment will conform the rule
                                                                                                         2 17 CFR 240.19b–4.
                                               Commission, c/o Remi Pavlik-Simon,                        3 The term ‘‘business day’’ is used as defined in
                                                                                                                                                             to changes recently adopted by the NYSE in its own
                                               100 F Street NE, Washington, DC 20549                                                                         warrant listing standard. See Securities Exchange
                                                                                                       Rule 14d–1(g)(3) under the Act (17 CFR 240.14d–       Act Release No. 82566 (SR–NYSE–2018–04)
                                               or send an email to: PRA_Mailbox@                       1(g)(3)).                                             (January 22, 2018).
                                               sec.gov. Comments must be submitted to                    4 15 U.S.C. 78m(e).                                    8 17 CFR 240.14e–1 et seq.

                                               OMB within 30 days of this notice.                        5 17 CFR 240.13e–4.                                    9 17 CFR 240.14e–1(a).




                                          VerDate Sep<11>2014   18:52 Feb 22, 2018   Jkt 244001   PO 00000   Frm 00088   Fmt 4703   Sfmt 4703   E:\FR\FM\23FEN1.SGM   23FEN1



Document Created: 2018-02-23 01:32:41
Document Modified: 2018-02-23 01:32:41
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 Citation83 FR 8131 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR