Schedule 13D and Schedule 13G 30 Day Notice

3235-0145.Federal Register 30 Day Notice.pdf

Regulation 13D and Regulation 13G; Schedule 13D and Schedule 13G

Schedule 13D and Schedule 13G 30 Day Notice

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Federal Register / Vol. 85, No. 153 / Friday, August 7, 2020 / Notices
10. The Exchange proposes to amend
‘‘Exhibit 5’’ to ‘‘Exhibit 5A’’ on page 54
of the Exhibit 5:
To reflect the addition of a new
Exhibit 5B, the Exchange proposes to
add ‘‘A’’ to ‘‘EXHIBIT 5’’ on page 54 of
the Exhibit 5, to make it to ‘‘EXHIBIT
5A’’.
*
*
*
*
*
All other representations in the Filing
remain as stated therein and no other
changes are being made.
III. Date of Effectiveness of the
Proposed Rule Change As Modified By
Partial Amendment No. 1 and Timing
for Commission Action
Within 180 days after the date of
publication of the initial Notice of Filing
in the Federal Register or within such
longer period up to an additional 60
days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will issue an
order approving or disapproving such
proposed rule change, as amended.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, as amended by Partial
Amendment No. 1, is consistent with
the Act. Comments may be submitted by
any of the following methods:

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Electronic Comments
• Use the Commission’s internet
comment form (http://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEAMER–2020–05 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEAMER–2020–05. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (http://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written

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communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 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–NYSEAMER–2020–05, and
should be submitted on or before
August 28, 2020.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–17244 Filed 8–6–20; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–137, OMB Control No.
3235–0145]

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:
Regulations 13D and 13G; Schedules 13D
and 13G

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
(‘‘Commission’’) has submitted to the
Office of Management and Budget this
request for extension of the previously
approved collection of information
discussed below.
Schedules 13D and 13G (17 CFR
240.13d–101 and 240.13d–102) are filed
pursuant to Sections 13(d) and 13(g) (15
U.S.C. 78m(d) and 78m(g)) of the
Securities Exchange Act of 1934
(‘‘Exchange Act’’) and Regulations 13D
12 17

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CFR 200.30–3(a)(12).

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and 13G (17 CFR 240.13d–1–240.13d–7)
thereunder to report beneficial
ownership of equity securities registered
under Section 12 (15 U.S.C. 78l) of the
Exchange Act. Regulations 13D and 13G
provide investors, and the subject issuer
with information about accumulations
of equity securities that may have the
potential to change or influence control
of the issuer. Schedule 13D and
Schedule 13G are filed by persons,
including small entities, to report their
ownership of more than 5% of a class
of equity securities registered under
Section 12. We estimate that Schedule
13D takes approximately 14.5 hours to
prepare and is filed by approximately
1,508 filers. We estimate that 25% of the
14.5 hours (3.625 hours per response) is
prepared by the filer for a total annual
reporting burden of 5,467 hours (3.625
hours per response × 1,508 responses).
We estimate that Schedule 13G takes
approximately 12.4 hours to prepare
and is filed by approximately 7,079
filers. We estimate that 25% of the 12.4
hours (3.10 hours per response) is
prepared by the filer for a total annual
reporting burden of 21,945 hours (3.10
hours per response × 7,079 responses).
The information provided by
respondents is mandatory. Schedule
13D or Schedule 13G is filed by a
respondent only when necessary. All
information provided to the
Commission is public. However, Rules
0–6 and 24b–2 (17 CFR 240.0–6 and
240.24b–2) under the Exchange Act do
permit reporting persons to request
confidential treatment for certain
sensitive information concerning
national security, trade secrets, or
privileged commercial or financial
information.
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
control number.
The public may view background
documentation for this information
collection at the following website:
www.reginfo.gov. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to (i) www.reginfo.gov/public/do/
PRAMain and (ii) David Bottom,
Director/Chief Information Officer,
Securities and Exchange Commission,
c/o Cynthia Roscoe, 100 F Street NE,
Washington, DC 20549, or by sending an
email to: [email protected].

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Federal Register / Vol. 85, No. 153 / Friday, August 7, 2020 / Notices

Dated: August 3, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–17260 Filed 8–6–20; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–89462; File No. SR–
NYSENAT–2020–08]

Self-Regulatory Organizations; NYSE
National, Inc.; Notice of Filing of Partial
Amendment No. 1 to Proposed Rule
Change To Amend the Schedule of
Wireless Connectivity Fees and
Charges To Add Wireless Connectivity
Services
August 3, 2020.

I. Introduction
On February 11, 2020, NYSE
National, Inc. (‘‘NYSE National’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Exchange Act’’ or ‘‘Act’’) 1 and
Rule 19b–4 thereunder,2 a proposed rule
change (SR–NYSENAT–2020–08) to
amend the schedule of Wireless
Connectivity Fees and Charges
(‘‘Wireless Fee Schedule’’) to add
wireless connectivity services that
transport the market data of the
Exchange and certain affiliates.
The Commission published the
proposed rule change for public
comment in the Federal Register on
February 25, 2020.3 The Commission
received several comments on the
proposed rule change, and a response
from the Exchange.4 On April 1, 2020,
pursuant to Section 19(b)(2) of the Act,5
the Commission designated a longer
period within which to either approve
the proposed rule change, disapprove
the proposed rule change, or institute
proceedings to determine whether to
1 15

U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 88241
(February 19, 2020), 85 FR 10738 (February 25,
2020) (SR–NYSENAT–2020–08) (‘‘Wireless II
Notice’’). See also Securities Exchange Act Release
Nos. 88237 (February 19, 2020), 85 FR 10752
(February 25, 2020) (SR–NYSE–2020–11); 88238
(February 19, 2020), 85 FR 10776 (February 25,
2020) (SR–NYSEAMER–2020–10); 88239 (February
19, 2020), 85 FR 10786 (February 25, 2020) (SR–
NYSEArca–2020–15); and 88240 (February 19,
2020), 85 FR 10795 (February 25, 2020) (SR–
NYSECHX–2020–05).
4 Comments received on the Wireless II Notice
and the Exchange’s response are available on the
Commission’s website at: https://www.sec.gov/
comments/sr-nysenat-2020-08/
srnysenat202008.htm.
5 15 U.S.C. 78s(b)(2).

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disapprove the proposed rule change.6
On May 18, 2020, the Commission
instituted proceedings to determine
whether to approve or disapprove the
proposed rule change.7 The Commission
received additional comments in
response to the Order Instituting
Proceedings.8
On July 27, 2020, the Exchange filed
Partial Amendment No. 1 to the
proposed rule change in response to
certain comments on the proposed rule
change. Partial Amendment No. 1 is
described in Item II below, which has
been substantially prepared by the
Exchange.9 The Commission is
publishing this notice to solicit
comments on Partial Amendment No. 1
from interested persons.10
II. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Amendment
NYSE National, Inc. (‘‘NYSE
National’’ or the ‘‘Exchange’’) hereby
submits this Partial Amendment No. 1
to the above-referenced filing (‘‘Filing’’)
in connection with the proposed rule
change to add wireless connectivity that
transport the market data of the
Exchange and certain affiliates to the
schedule of Wireless Connectivity Fees
and Charges (the ‘‘Wireless Fee
Schedule’’). With this Partial
Amendment No. 1, the Exchange
proposes a new rule to place restrictions
on the use of a pole on the grounds of
the Mahwah, New Jersey data center
that is used for wireless connectivity
services that transport the market data
6 See Securities Exchange Act Release No. 88540
(April 1, 2020), 85 FR 19562 (April 7, 2020). The
Commission designated May 25, 2020, as the date
by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the
proposed rule changes.
7 See Securities Exchange Act Release No. 88901
(May 18, 2020), 85 FR 31273 (May 22, 2020) in
which the Commission instituted proceedings
(‘‘Order Instituting Proceedings’’ or ‘‘OIP’’).
8 Comments received on the Wireless II Notice
following the OIP also are available on the
Commission’s website at: https://www.sec.gov/
comments/sr-nysenat-2020-08/
srnysenat202008.htm.
9 The Commission has reformatted the Exchange’s
presentation of the footnotes.
10 Partial Amendment No. 1 is also available on
the Commission’s website at: https://www.sec.gov/
comments/sr-nysenat-2020-08/
srnysenat202008.htm. The Commission also refers
interested persons to Securities Exchange Act
Release No. 88171 (February 11, 2020), 85 FR 8930
(February 18, 2020) (SR–NYSENAT–2020–03)
(wherein the Exchange filed a proposed rule change
to establish the Wireless Fee Schedule listing
available wireless bandwidth connections between
the Mahwah, New Jersey data center and other data
centers (‘‘Wireless I’’) and concurrently proposes to
partially amend Wireless I). Partial Amendment No.
1 to Wireless I is available on the Commission’s
website at: https://www.sec.gov/comments/srnysenat-2020-03/srnysenat202003.htm.

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of the Exchange and certain of its
affiliates.
The Exchange proposes the following
amendments to the Filing:
1. The Exchange proposes to amend
the first paragraph in Item 1(a) on page
3 of the Filing:
The Exchange proposes to amend the
first paragraph of Item 1(a) on page 3 of
the Filing to add ‘‘(a)’’ before ‘‘wireless
connectivity services’’ and add new text
at the end of the paragraph to describe
the proposed rule change, as follows
(new text italicized):
Pursuant to the provisions of Section
19(b)(1) of the Securities Exchange Act of
1934 (the ‘‘Act’’) 1 and Rule 19b–4
thereunder,2 NYSE National, Inc. (‘‘NYSE
National’’ or the ‘‘Exchange’’) proposes to
add (a) wireless connectivity services that
transport the market data of the Exchange
and certain affiliates to the schedule of
Wireless Connectivity Fees and Charges (the
‘‘Wireless Fee Schedule’’); and (b) a new rule
to place restrictions on the use of a pole on
the grounds of the Mahwah, New Jersey data
center that is used for such wireless
connectivity services.

2. The Exchange proposes to amend
the carryover paragraph on pages 3 and
4 of the Filing (second full paragraph on
page 24 of the Exhibit 1):
The Exchange proposes to add amend
the carryover paragraph on pages 3 and
4 of the Filing (second full paragraph on
page 24 of the Exhibit 1) to add ‘‘(a)’’
before ‘‘wireless connectivity services’’
and add new text to describe the
proposed rule change, as follows (new
text italicized, deletion in [brackets]):
The Exchange proposes to add (a) wireless
connectivity services that transport market
data of the Exchange and its affiliates New
York Stock Exchange LLC (‘‘NYSE’’) and
NYSE Arca, Inc. (‘‘NYSE Arca’’) to the
Wireless Fee Schedule[.],3/4 and (b) a new
rule to place restrictions on the use of a pole
on the grounds of the Mahwah, New Jersey
data center that is used for such wireless
connectivity services.

3. The Exchange proposes to add a
new section titled ‘‘Proposed New Rule’’
and accompanying footnotes after the
first full paragraph on page 14 of the
Filing (first full paragraph on page 39 of
the Exhibit 1):
The Exchange proposes a new rule to
place restrictions on the use of a pole on
the grounds of the Mahwah, New Jersey
data center that is used for wireless
connectivity services. Accordingly, the
Exchange proposes to add a new section
titled ‘‘Proposed New Rule’’ and
accompanying footnotes (subsequent
footnotes would be renumbered in a
conforming change) after the first full
paragraph on page 14 of the Filing (first
full paragraph on page 39 of the Exhibit
1), after the end of the section titled

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