60 day notice

Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices
business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change. Persons
submitting comments are cautioned that
we do not redact or edit personal
identifying information from comment
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–BOX–
2018–35 and should be submitted on or
before December 14, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–25469 Filed 11–21–18; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
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

amozie on DSK3GDR082PROD with NOTICES1

Extension:
Rules 400–404 of Regulation
Crowdfunding (Intermediaries); SEC File
No. 270–774, OMB Control No. 3235–
0727

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 Rule 17Ab2–1 (17 CFR
240.17Ab2–1) and Form CA–1:
Registration of Clearing Agencies (17
CFR 249b.200) under the Securities
Exchange Act of 1934 (‘‘Exchange 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.
The collections of information
required under Rules 400 through 404 is
mandatory for all funding portals. Form
Funding Portal helps ensure that the
Commission can make information
about funding portals transparent and
easily accessible to the investing public,
including issuers and obligated persons
who engage funding portals; investors
who may purchase securities through
offerings on funding portals; and other
18 17

CFR 200.30–3(a)(12).

VerDate Sep<11>2014

18:33 Nov 21, 2018

Jkt 247001

regulators. Further, the information
provided on Form Funding Portal
expands the amount of publicly
available information about funding
portals, including disciplinary history.
Consequently, the rules and forms
allows issuers and the investing public,
as well as others, to become more fully
informed about funding portals in a
more efficient manner.
Rule 400 requires each person
applying for registration with the
Commission as a funding portal to file
electronically with the Commission
Form Funding Portal. Rule 400(a)
requires a funding portal to become a
member of a national securities
association registered under Section
15A of the Exchange Act. Rule 400(b)
requires a funding portal to file an
amendment to Form Funding Portal if
any information previously submitted
on Form Funding Portal becomes
inaccurate for any reason. Rule 400(c)
provides that a funding portal can
succeed to the business of a predecessor
funding portal upon the successor filing
a registration on Form Funding Portal
and the predecessor filing a withdrawal
on Form Funding Portal.
Rule 400(d) requires a funding portal
to promptly file a withdrawal of
registration on Form Funding Portal
upon ceasing to operate as a funding
portal. Rule 400(e) states that duplicate
originals of the applications and reports
provided for in this section must be
filed with surveillance personnel
designated by any registered national
securities association of which the
funding portal is a member. Rule 400(f)
requires a nonresident funding portal to:
(1) Obtain a written consent and power
of attorney appointing an agent for
service of process in the United States;
(2) furnish the Commission with the
name and address of its agent for
services of process on Schedule C of
Form Funding Portal; (3) certify that it
can, as a matter of law, and will provide
the Commission and any registered
national securities association of which
it becomes a member with prompt
access to its books and records and can,
as a matter of law, and will submit to
onsite inspection and examination by
the Commission and any registered
national securities association of which
it becomes a member; and (4) provide
the Commission with an opinion of
counsel and certify on Schedule C on
Form Funding Portal that the firm can,
as a matter of law, provide the
Commission and registered national
securities association of which it
becomes a member with prompt access
to its books and records and can, as a
matter of law, submit to onsite
inspection and examination by the

PO 00000

Frm 00078

Fmt 4703

Sfmt 4703

59431

Commission and any registered national
securities association of which it
becomes a member.1
Rule 403(a) requires a funding portal
to implement written policies and
procedures reasonably designed to
achieve compliance with the federal
securities laws and the rules and
regulations thereunder relating to its
business as a funding portal. Rule 403(b)
provides that a funding portal must
comply with privacy rules. Rule 404
requires all registered funding portals to
maintain certain books and records
relating to their funding portal
activities, for not less than five years,
the first two in an easily accessible
place. Rule 404(e) requires funding
portals to furnish promptly to the
Commission, its representatives, and the
registered national securities association
of which the funding portal is a member
true, correct, complete and current
copies of such records of the funding
portal that are requested by the
representatives of the Commission and
the registered national securities
association.
The Commission staff estimates that
annualized industry burden would be
17,554.35 hours to comply with Rules
400–404. The Commission staff
estimates that the costs associated with
complying with Rules 400–404 are
estimated to be approximately a total
amount of $308,729.
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 to be 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.
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: Charles Riddle, Acting Director/Chief
Information Officer, Securities and
1 Exchange Act Section 3(h)(1)(C) permits us to
impose, as part of our authority to exempt funding
portals from broker registration, ‘‘such other
requirements under [the Exchange Act] as the
Commission determines appropriate.’’

E:\FR\FM\23NON1.SGM

23NON1

59432

Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Notices

Exchange Commission, c/o Candace
Kenner, 100 F Street NE, Washington,
DC 20549, or send an email to: PRA_
[email protected].
Dated: November 19, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–25491 Filed 11–21–18; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Securities Exchange Act of 1934 Release
No. 84614/November 16, 2018]

amozie on DSK3GDR082PROD with NOTICES1

In the Matter of the BOX Exchange LLC
Regarding a Suspension of and Order
Instituting Proceedings To Determine
Whether To Approve or Disapprove a
Proposed Rule Change To Amend the
Fee Schedule on the BOX Market LLC
Options Facility To Establish BOX
Connectivity Fees for Participants and
Non-Participants Who Connect to the
BOX Network (File No. SR–BOX–2018–
24); Order Granting Petition for Review
and Scheduling Filing of Statements
This matter comes before the
Securities and Exchange Commission
(‘‘Commission’’) on petition to review
the temporary suspension and
institution of proceedings, through
delegated authority, of the BOX
Exchange LLC (f/k/a BOX Options
Exchange LLC) (the ‘‘Exchange’’)
proposed rule change to amend the fee
schedule on the BOX Market LLC
(‘‘BOX’’) options facility to establish
certain connectivity fees and reclassify
its high speed vendor feed connection
as a port fee.
On July 27, 2018, the Commission
issued a notice of filing of the proposed
rule change filed with the Commission
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Exchange Act’’) 1 and Rule 19b–4 2
thereunder.3 On September 17, 2018,
the Division of Trading and Markets
(‘‘Division’’), pursuant to delegated
authority,4 issued an order temporarily
suspending the proposed rule change
pursuant to Section 19(b)(3)(C) of the
Exchange Act 5 and simultaneously
instituting proceedings under Section
19(b)(2)(B) of the Exchange Act 6 to
determine whether to approve or
disapprove the proposed rule change
1 15

U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 83728
(July 27, 2018), 83 FR 37853 (August 2, 2018).
4 17 CFR 200.30–3(a)(57) and (58).
5 15 U.S.C. 78s(b)(3)(C).
6 15 U.S.C. 78s(b)(2)(B).
2 17

VerDate Sep<11>2014

18:33 Nov 21, 2018

Jkt 247001

(‘‘Order Instituting Proceedings’’).7 On
October 17, 2018, the Commission
received one comment letter on the
proposed rule change, supporting the
decision to suspend and institute
proceedings on the proposed fee
changes.8
On September 19, 2018, pursuant to
Rule 430 of the Commission Rules of
Practice,9 the Exchange filed a notice of
intention to petition for review of the
Order Instituting Proceedings. Pursuant
to Rule 431(e) of the Commission Rules
of Practice,10 a notice of intention to
petition for review results in an
automatic stay of the action by
delegated authority. On September 26,
2018, the Exchange filed a petition for
review of the Order Instituting
Proceedings.
Pursuant to Rule 431 of the
Commission Rules of Practice,11 the
Exchange’s petition for review of the
Order Instituting Proceedings is granted.
Further, the Commission hereby
establishes that any party to the action
or other person may file a written
statement in support of or in opposition
to the Order Instituting Proceedings on
or before December 10, 2018.
Further, the Commission finds that it
is in the public interest to lift the stay
during the pendency of the
Commission’s review. The Commission
believes the continued suspension of
the proposed rule change while the
Commission conducts proceedings to
consider the Exchange’s proposal will
allow the Commission to further
consider the proposed fees’ consistency
with the Exchange Act without the risk
of allowing a fee that is potentially
inconsistent with the Exchange Act to
remain in effect. The Commission also
does not believe that lifting the stay
precludes meaningful review of the
Order Instituting Proceedings.
For the reasons stated above, it is
hereby:
Ordered that the Exchange’s petition
for review of the Division’s action, by
delegated authority, to temporarily
suspend the proposed rule change and
simultaneously institute proceedings to
determine whether to approve or
disapprove the proposed rule change be
granted; and
7 See Securities Exchange Act Release No. 84168
(September 17, 2018), 83 FR 47947 (September 21,
2018).
8 See letter to Brent J. Fields, Secretary,
Commission, from Theodore R. Lazo, Managing
Director and Associate General Counsel, and Ellen
Greene, Managing Director, Financial Services
Operations, Securities Industry and Financial
Markets Association, dated October 15, 2018.
9 17 CFR 201.430.
10 17 CFR 201.431(e).
11 17 CFR 201.431.

PO 00000

Frm 00079

Fmt 4703

Sfmt 4703

It is further ordered that any party or
other person may file a statement in
support of or in opposition to the action
made pursuant to delegated authority on
or before December 10, 2018; and
It is further ordered that the automatic
stay of delegated action pursuant to
Commission Rule of Practice 431(e) 12 is
hereby discontinued.
The order temporarily suspending
such proposed rule change and
instituting proceedings to determine
whether to approve or disapprove such
proposed rule change shall remain in
effect.
By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–25471 Filed 11–21–18; 8:45 am]
BILLING CODE 8011–01–P

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 N–8A; SEC File No. 270–135, OMB
Control No. 3235–0175

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.
The Investment Company Act of 1940
(‘‘Investment Company Act’’) (15 U.S.C.
80a–1 et seq.) requires investment
companies to register with the
Commission before they conduct any
business in interstate commerce.
Section 8(a) of the Investment Company
Act provides that an investment
company shall be deemed to be
registered upon receipt by the
Commission of a notification of
registration in such form as the
Commission prescribes. Form N–8A (17
CFR 274.10) is the form for notification
of registration that the Commission has
adopted under section 8(a). The purpose
of such notification of registration
provided on Form N–8A is to notify the
Commission of the existence of
investment companies required to be
registered under the Investment
12 17

E:\FR\FM\23NON1.SGM

CFR 201.431(e).

23NON1