83 FR 9768 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 45 (March 7, 2018)

Page Range		9768-9768
FR Document		2018-04573
Federal Register, Volume 83 Issue 45 (Wednesday, March 7, 2018)
[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Notices]
[Page 9768]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04573]


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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-3, SEC File No. 270-141, OMB Control No. 3235-
0249.

    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 existing 
collection of information provided for in Rule 12f-3 (17 CFR 240.12f-
3), 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-3 (``Rule''), which was originally adopted in 1955 
pursuant to Sections 12(f) and 23(a) of the Act, and as further 
modified in 1995, sets forth the requirements to submit an application 
to the Commission for termination or suspension of unlisted trading 
privileges in a security, as contemplated under Section 12(f)(4) of the 
Act. In addition to requiring that one copy of the application be filed 
with the Commission, the Rule requires that the application contain 
specified information. Under the Rule, an application to suspend or 
terminate unlisted trading privileges must provide, among other things, 
the name of the applicant; a brief statement of the applicant's 
interest in the question of termination or suspension of such unlisted 
trading privileges; the title of the security; the name of the issuer; 
certain information regarding the size of the class of security, the 
public trading volume and price history in the security for specified 
time periods on the subject exchange and a statement indicating that 
the applicant has provided a copy of such application to the exchange 
from which the suspension or termination of unlisted trading privileges 
are sought, and to any other exchange on which the security is listed 
or admitted to unlisted trading privileges.
    The information required to be included in applications submitted 
pursuant to Rule 12f-3, is intended to provide the Commission with 
sufficient information to make the necessary findings under the Act to 
terminate or suspend by order the unlisted trading privileges granted a 
security on a national securities exchange. Without the Rule, the 
Commission would be unable to fulfill these statutory responsibilities.
    The burden of complying with Rule 12f-3 arises when a potential 
respondent, having a demonstrable bona fide interest in the question of 
termination or suspension of the unlisted trading privileges of a 
security, determines to seek such termination or suspension. The staff 
estimates that each such application to terminate or suspend unlisted 
trading privileges requires 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 18 
responses annually for an aggregate burden for all respondents of 18 
hours. Each respondent's related internal cost of compliance for Rule 
12f-3 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 
$3,978.00 (18 responses x $221.00/response).
    Compliance with the application requirements of Rule 12f-3 is 
mandatory, though the filing of such applications is undertaken 
voluntarily. Rule 12f-3 does not have a record retention requirement 
per se. However, responses made pursuant to Rule 12f-3 are subject to 
the recordkeeping requirements of Rules 17a-3 and 17a-4 of the Act. 
Information received in response to Rule 12f-3 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 on 
respondents; 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.
    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: PRA_Mailbox@sec.gov.

    Dated: March 1, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-04573 Filed 3-6-18; 8:45 am]
 BILLING CODE 8011-01-P
9768 Federal Register / Vol. 83, No. 45 / Wednesday, March 7, 2018 / Notices

IV. Conclusion the class of security, the public trading Commission, including whether the
It is therefore ordered, pursuant to volume and price history in the security information shall have practical utility;
Section 19(b)(2) of the Exchange Act,27 for specified time periods on the subject (b) the accuracy of the Commission’s
that the proposed rule change (SR– exchange and a statement indicating estimates of the burden of the proposed
NYSE–2017–42), be, and hereby is, that the applicant has provided a copy collection of information; (c) ways to
approved. of such application to the exchange enhance the quality, utility, and clarity
from which the suspension or of the information on respondents; and
For the Commission, by the Division of termination of unlisted trading (d) ways to minimize the burden of the
Trading and Markets, pursuant to delegated
privileges are sought, and to any other collection of information on
authority.28
exchange on which the security is listed respondents, including through the use
Eduardo A. Aleman,
or admitted to unlisted trading of automated collection techniques or
Assistant Secretary. privileges. other forms of information technology.
[FR Doc. 2018–04557 Filed 3–6–18; 8:45 am] The information required to be Consideration will be given to
BILLING CODE 8011–01–P included in applications submitted comments and suggestions submitted in
pursuant to Rule 12f–3, is intended to writing within 60 days of this
provide the Commission with sufficient publication.
SECURITIES AND EXCHANGE information to make the necessary An agency may not conduct or
COMMISSION findings under the Act to terminate or sponsor, and a person is not required to
suspend by order the unlisted trading respond to, a collection of information
Proposed Collection; Comment privileges granted a security on a
Request under the PRA unless it displays a
national securities exchange. Without currently valid OMB control number.
Upon Written Request, Copies Available the Rule, the Commission would be Please direct your written comments
from: U.S. Securities and Exchange unable to fulfill these statutory to: Pamela Dyson, Director/Chief
Commission, Office of FOIA Services, responsibilities. Information Officer, Securities and
100 F Street NE, Washington, DC The burden of complying with Rule Exchange Commission, c/o Remi Pavlik-
20549–2736. 12f–3 arises when a potential Simon, 100 F Street NE, Washington,
respondent, having a demonstrable bona DC 20549 or send an email to: PRA_
Extension: Rule 12f–3, SEC File No. 270–141, fide interest in the question of
OMB Control No. 3235–0249. Mailbox@sec.gov.
termination or suspension of the
Notice is hereby given that pursuant unlisted trading privileges of a security, Dated: March 1, 2018.
to the Paperwork Reduction Act of 1995 determines to seek such termination or Eduardo A. Aleman,
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the suspension. The staff estimates that Assistant Secretary.
Securities and Exchange Commission each such application to terminate or [FR Doc. 2018–04573 Filed 3–6–18; 8:45 am]
(‘‘Commission’’) is soliciting comments suspend unlisted trading privileges BILLING CODE 8011–01–P
on the existing collection of information requires approximately one hour to
provided for in Rule 12f–3 (17 CFR complete. Thus each potential
240.12f–3), under the Securities respondent would incur on average one SECURITIES AND EXCHANGE
Exchange Act of 1934 (‘‘Act’’) (15 U.S.C. burden hour in complying with the COMMISSION
78a et seq.). The Commission plans to Rule.
[Release No. 34–82795; File No. SR–
submit this existing collection of The Commission staff estimates that
NYSEArca–2018–02]
information to the Office of there could be as many as 18 responses
Management and Budget (‘‘OMB’’) for annually for an aggregate burden for all Self-Regulatory Organizations; NYSE
extension and approval. respondents of 18 hours. Each Arca, Inc.; Notice of Designation of a
Rule 12f–3 (‘‘Rule’’), which was respondent’s related internal cost of Longer Period for Commission Action
originally adopted in 1955 pursuant to compliance for Rule 12f–3 would be on a Proposed Rule Change Relating
Sections 12(f) and 23(a) of the Act, and $221.00, or, the cost of one hour of to Listing and Trading of the Direxion
as further modified in 1995, sets forth professional work of a paralegal needed Daily Bitcoin Bear 1X Shares, Direxion
the requirements to submit an to complete the application. The total Daily Bitcoin 1.25X Bull Shares,
application to the Commission for annual cost of compliance for all Direxion Daily Bitcoin 1.5X Bull
termination or suspension of unlisted potential respondents, therefore, is Shares, Direxion Daily Bitcoin 2X Bull
trading privileges in a security, as $3,978.00 (18 responses × $221.00/ Shares and Direxion Daily Bitcoin 2X
contemplated under Section 12(f)(4) of response). Bear Shares Under NYSE Arca Rule
the Act. In addition to requiring that one Compliance with the application 8.200–E
copy of the application be filed with the requirements of Rule 12f–3 is
Commission, the Rule requires that the mandatory, though the filing of such March 1, 2018.
application contain specified applications is undertaken voluntarily. On January 4, 2018, NYSE Arca, Inc.
information. Under the Rule, an Rule 12f–3 does not have a record (‘‘NYSE Arca’’) filed with the Securities
application to suspend or terminate retention requirement per se. However, and Exchange Commission
unlisted trading privileges must responses made pursuant to Rule 12f–3 (‘‘Commission’’), pursuant to Section
provide, among other things, the name are subject to the recordkeeping 19(b)(1) of the Securities Exchange Act
of the applicant; a brief statement of the requirements of Rules 17a–3 and 17a–4 of 1934 (‘‘Act’’) 1 and Rule 19b–4
applicant’s interest in the question of of the Act. Information received in thereunder,2 a proposed rule change to
daltland on DSKBBV9HB2PROD with NOTICES

termination or suspension of such response to Rule 12f–3 shall not be kept list and trade the shares of the Direxion
unlisted trading privileges; the title of confidential; the information collected Daily Bitcoin Bear 1X Shares, Direxion
the security; the name of the issuer; is public information. Daily Bitcoin 1.25X Bull Shares,
certain information regarding the size of Written comments are invited on: (a) Direxion Daily Bitcoin 1.5X Bull Shares,
Whether the proposed collection of
27 15 U.S.C. 78f(b)(2). information is necessary for the proper 1 15 U.S.C. 78s(b)(1).
28 17 CFR 200.30–3(a)(12). performance of the functions of the 2 17 CFR 240.19b–4.

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Document Created: 2018-03-07 01:27:34
Document Modified: 2018-03-07 01:27:34
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 9768