30 Day Notice

3235-0249 30 Day Notice.pdf

Exchange Act Rule 12f-3 - Termination or Suspension of Unlisted Trading Privileges (17 CFR 240.12f-3)

30 Day Notice

OMB: 3235-0249

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30642

Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices

as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 33 and Rule 19b–
4(f)(6) thereunder.34
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act normally does not become operative
for 30 days after the date of its filing.
However, Rule 19b–4(f)(6)(iii) 35 permits
the Commission to designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has requested
that the Commission waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Exchange states that the
Commission has previously approved
proposed rule changes to permit listing
and trading on the Exchange of Active
Proxy Portfolio Shares similar to the
Funds.36 The Exchange also states that
the Commission has previously issued a
notice of filing and immediate
effectiveness for a proposed rule change
relating to the proposed listing on a
national securities exchange of other
issues of Active Proxy Portfolio Shares
similar to the Funds.37 For these
reasons, the Commission believes that
waiver of the 30-day operative delay is
consistent with the protection of
investors and the public interest.
Accordingly, the Commission hereby
waives the 30-day operative delay and
designates the proposed rule change
operative upon filing.38
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
33 15

U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
35 17 CFR 240.19b–4(f)(6)(iii).
36 See supra note 8.
37 See id.
38 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).

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Comments may be submitted by any of
the following methods:

SECURITIES AND EXCHANGE
COMMISSION

Electronic Comments

[SEC File No. 270–141, OMB Control No.
3235–0249]

• 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–
NYSEArca–2021–46 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–NYSEArca–2021–46. 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
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–NYSEArca–2021–46 and
should be submitted on or before June
30, 2021.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.39
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021–12029 Filed 6–8–21; 8:45 am]
BILLING CODE 8011–01–P
39 17

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CFR 200.30–3(a)(12).

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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 12f–3

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 12f–3 (17 CFR 240.12f–3), under
the Securities Exchange Act of 1934
(‘‘Act’’) (15 U.S.C. 78a et seq.).
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

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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,

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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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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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