30 Day Notice

3235-0478 30 Day Notice.pdf

Exchange Act Rule 11a1-1(T) (17 CFR 240.11a1-1(T)); Transactions yielding priority, parity, and precedence

30 Day Notice

OMB: 3235-0478

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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices
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 internal cost of compliance for
all potential respondents, therefore, is
$3,978.00 (18 responses × $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.
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.
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,

VerDate Sep<11>2014

18:13 Jun 08, 2021

Jkt 253001

Washington, DC 20549, or by sending an
email to: [email protected].
Dated: June 4, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–12103 Filed 6–8–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–428, OMB Control No.
3235–0478]

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:
Rule 11a1–1(T)

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’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Rule 11a1–1(T) (17 CFR 240.11a1–1(T)),
under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) (‘‘Exchange
Act’’).
On January 27, 1976, the Commission
adopted Rule 11a1–1(T) to exempt
certain exempt transactions of exchange
members for their own accounts that
would otherwise be prohibited under
Section 11(a) of the Exchange Act. The
Rule provides that a member’s
proprietary order may be executed on
the exchange of which the trader is a
member, if, among other things: (1) The
member discloses that a bid or offer for
its account is for its account to any
member with whom such bid or offer is
placed or to whom it is communicated;
(2) any such member through whom
that bid or offer is communicated
discloses to others participating in
effecting the order that it is for the
account of a member; and (3)
immediately before executing the order,
a member (other than a specialist in
such security) presenting any order for
the account of a member on the
exchange clearly announces or
otherwise indicates to the specialist and
to other members then present that he
is presenting an order for the account of
a member.
Without these requirements, it would
not be possible for the Commission to
monitor its mandate under the Exchange

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30643

Act to promote fair and orderly markets
and ensure that exchange members
have, as the principle purpose of their
exchange memberships, the conduct of
a public securities business.
There are approximately 538
respondents that require an aggregate
total of approximately 15 hours to
comply with this Rule. Each of these
approximately 538 respondents makes
an estimated 20 annual responses, for an
aggregate of 10,760 responses per year.
Each response takes approximately 5
seconds to complete. Thus, the total
compliance burden per year is
approximately 15 hours (10,760 × 5
seconds/60 seconds per minute/60
minutes per hour = 15 hours). The
approximate internal cost of compliance
per hour is $355, resulting in a total
internal cost of compliance of
approximately $5,325 per year (15 hours
@$355).
Compliance with Rule 11a–1(T) is
necessary for exchange members to
make transactions for their own
accounts under a specific exemption
from the general prohibition of such
transactions under Section 11(a) of the
Exchange Act. Compliance with Rule
11a–1(T) does not involve the collection
of confidential information. Rule 11a–
1(T) does not have a record retention
requirement per se. However, responses
made pursuant to Rule 11a–1(T) may be
subject to the recordkeeping
requirements of Rules 17a–3 and 17a–4.
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.
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].
Dated: June 4, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–12102 Filed 6–8–21; 8:45 am]
BILLING CODE 8011–01–P

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