83 FR 9054 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 42 (March 2, 2018)

[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 9054-9055]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04198]


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SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; 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 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'') is soliciting comments on the 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.). The 
Commission plans to submit this existing collection of information to 
the Office of Management and Budget (``OMB'') for extension and 
approval.
    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 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.
    Written comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
estimates of the burden of the proposed 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.

[[Page 9055]]

Consideration will be given to comments and suggestions submitted in 
writing within 60 days of this publication.
    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.
    Please direct your written comments to: 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].

    Dated: February 26, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-04198 Filed 3-1-18; 8:45 am]
BILLING CODE 8011-01-P