Rule 236 30 Day Federal Register Notice

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices
Dated: February 23, 2021.
Vanessa A. Countryman,
Secretary.

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].

[FR Doc. 2021–04049 Filed 2–23–21; 4:15 pm]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–118, OMB Control No.
3235–0095]

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 236

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.
Rule 236 (17 CFR 230.236) under the
Securities Act of 1933 (15 U.S.C. 77a et
seq.) (‘‘Securities Act’’) provides an
exemption from registration under the
Securities Act for the offering of shares
of stock or similar securities to provide
funds to be distributed to security
holders in lieu of fractional shares, scrip
certificates or order forms, in
connection with a stock dividend, stock
split, reverse stock split, conversion,
merger or similar transaction. Issuers
wishing to rely upon the exemption are
required to furnish specified
information to the Commission at least
10 days prior to the offering. The
information is needed to provide notice
that the issuer is relying on the
exemption. Public companies are the
likely respondents. All information
provided to the Commission is available
to the public for review upon request.
Approximately 10 respondents file the
information required by Rule 236 at an
estimated 1.5 hours per response for a
total annual reporting burden of 15
hours (1.5 hours per response × 10
responses).
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

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Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (‘‘PRA’’), the
Securities and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit an extension for this
current collection of information to the
Office of Management and Budget for
approval.
In Release No. 34–64545,1 the
Commission adopted rules (‘‘Rules’’)
and forms to implement Section 21F of
the Securities Exchange Act of 1934
entitled ‘‘Securities Whistleblower
Incentives and Protection,’’ which was
created by Section 922 of the DoddFrank Wall Street Reform and Consumer
Protection Act (‘‘Dodd-Frank Act’’).2
The Rules describe the whistleblower
program that the Commission has
established pursuant to the Dodd-Frank

Act which requires the Commission to
pay an award, subject to certain
limitations and conditions, to
whistleblowers who voluntarily provide
the Commission with original
information about a violation of the
federal securities laws that leads to the
successful enforcement of a covered
judicial or administrative action, or of a
related action. The Rules define certain
terms critical to the operation of the
whistleblower program, outline the
procedures for applying for awards and
the Commission’s procedures for
making decisions on claims, and
generally explain the scope of the
whistleblower program to the public
and to potential whistleblowers.
Form TCR is a form submitted by
whistleblowers who wish to provide
information to the Commission and its
staff regarding potential violations of the
securities laws. Form TCR is required
for submission of information under the
Rules. The Commission estimates that it
takes a whistleblower, on average, one
and one-half hours to complete Form
TCR. Based on the receipt of an average
of approximately 560 annual Form TCR
submissions for the past three fiscal
years, the Commission estimates that
the annual reporting burden of Form
TCR is 840 hours.
Form WB–APP is a form that is
submitted by whistleblowers filing a
claim for a whistleblower award. Form
WB–APP is required for application for
an award under the Rules. On December
4, 2020, the Commission approved an
updated version of the WB–APP in
conjunction with its newly amended
rules. The updated WB–APP removes
the requirement for the filer to submit
their Social Security Number and
modified the order of the questions on
the form. No substantive changes were
made to the WB–APP. The Commission
estimates that it takes a whistleblower,
on average, two hours to complete Form
WB–APP. The completion time depends
largely on the complexity of the alleged
violation and the amount of information
the whistleblower possesses in support
of his or her application for an award.
Based on the receipt of an average of
approximately 215 3 annual Form WB–
APP submissions for the past six fiscal
years, the Commission estimates that
the annual reporting burden of Form
WB–APP is 430 hours.
Estimated annual reporting burden =
1,270 hours.

1 Implementation of the Whistleblower Provisions
of Section 21F of the Securities Exchange Act of
1934, Release No. 34–64545; File No. S7–33–10
(adopted May 25, 2011).
2 Public Law 111–203, 922(a), 124 Stat 1841
(2010).

3 This figure does not include Form WB–APP
submissions which were facially deficient,
subsequently withdrawn, or submitted by
individuals who have been barred by the
Commission from participation in the
whistleblower program.

Dated: February 22, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–03884 Filed 2–24–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–625, OMB Control No.
3235–0686]

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 TCR and Form WB–APP—
Implementing the Whistleblower
Provisions of Section 21F of the
Securities Exchange Act of 1934

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11568

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices

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: February 22, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–03883 Filed 2–24–21; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–91166; File No. SR–ICEEU–
2021–005]

Self-Regulatory Organizations; ICE
Clear Europe Limited; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to
Amendments to Part BB of the ICE
Clear Europe Delivery Procedures
February 19, 2021.

Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
12, 2021, ICE Clear Europe Limited
(‘‘ICE Clear Europe’’ or the ‘‘Clearing
House’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule changes described in
Items I, II and III below, which Items
have been prepared by ICE Clear
Europe. ICE Clear Europe filed the
proposed rule change pursuant to
Section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(4)(ii) 4 thereunder, such that
the proposed rule change was
immediately effective upon filing with
the Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(4)(ii).

17:04 Feb 24, 2021

II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission, ICE
Clear Europe included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. ICE
Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C)
below, of the most significant aspects of
such statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
(a) Purpose
ICE Clear Europe is proposing to
amend Part BB of its Delivery
Procedures to clarify the delivery
specifications relating to Containerised
White Sugar contracts. The proposed
amendments would provide that such
contracts relate to specified sugar of any
origin of the crop or production current
on the first day of the delivery period
(instead of referencing the crop at the
time of delivery). The change would
facilitate identification of sugar eligible
for delivery under the contract.
(b) Statutory Basis
ICE Clear Europe believes that the
proposed amendments to Part BB of the
Delivery Procedures are consistent with
the requirements of Section 17A of the
Act 6 and the regulations thereunder
applicable to it. In particular, Section
17A(b)(3)(F) of the Act 7 requires, among
other things, that the rules of a clearing
agency be designed to promote the
prompt and accurate clearance and
settlement of securities transactions
and, to the extent applicable, derivative
agreements, contracts, and transactions,
the safeguarding of securities and funds
in the custody or control of the clearing
5 Capitalized terms used but not defined herein
have the meanings specified in the ICE Clear
Europe Clearing Rules (the ‘‘Rules’’).
6 15 U.S.C. 78q–1.
7 15 U.S.C. 78q–1(b)(3)(F).

1 15

VerDate Sep<11>2014

I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The principal purpose of the
proposed amendments is for ICE Clear
Europe to make certain amendments to
Part BB of its Delivery Procedures to
clarify the delivery specifications
relating to Containerised White Sugar
futures contracts in order to facilitate
identification of sugar eligible for
delivery under the contract.5

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agency or for which it is responsible,
and the protection of investors and the
public interest. The proposed changes to
the Delivery Procedures are designed to
strengthen ICE Clear Europe’s
arrangements and delivery procedures
relating to Containerised White Sugar
contracts. The amendments would
clarify that Containerised White Sugar
contracts relate to specified sugar of any
origin of the crop or production current
on the first day of the delivery period
(rather than at the time of delivery). The
amendments do not otherwise change
the terms and conditions of the
contracts, and the contracts will
continue to be cleared by ICE Clear
Europe in the same manner as they are
currently. In ICE Clear Europe’s view,
the amendments are thus consistent
with the prompt and accurate clearance
and settlement of cleared contracts and
the protection of investors and the
public interest. (ICE Clear Europe would
not expect the amendments to affect the
safeguarding of securities and funds in
ICE Clear Europe’s custody or control or
for which it is responsible).
Accordingly, the amendments satisfy
the requirements of Section
17A(b)(3)(F).8
In addition, Rule 17Ad–22(e)(10) 9
requires that each covered clearing
agency ‘‘establish and maintain
transparent written standards that state
its obligations with respect to the
delivery of physical instruments, and
establish and maintain operational
practices that identify, monitor and
manage the risks associated with such
physical deliveries.’’ As discussed
above, the amendments would clarify
the delivery specifications for
Containerised White Sugar contracts to
facilitate identification of sugar eligible
for delivery under the contracts. The
amendments would not otherwise
change the manner in which the
contracts are cleared or in which
delivery is made, as supported by ICE
Clear Europe’s existing financial
resources, risk management, systems
and operational arrangements. The
amendments thus clarify the role and
responsibilities of the Clearing House
and Clearing Members with respect to
physical delivery. As a result, ICE Clear
Europe believes the amendments are
consistent with the requirements of Rule
17Ad–22(e)(10).10
(B) Clearing Agency’s Statement on
Burden on Competition
ICE Clear Europe does not believe the
proposed amendments would have any
8 15

U.S.C. 78q–1(b)(3)(F).
CFR 240.17Ad–22(e)(10).
10 17 CFR 240.17Ad–22(e)(10).
9 17

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