Form SF-3 30 Day Federal Register Notice

Federal Register / Vol. 88, No. 149 / Friday, August 4, 2023 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Dated: July 31, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–16622 Filed 8–3–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–638, OMB Control No.
3235–0690]

Dated: August 1, 2023.
Sherry R. Haywood,
Assistant Secretary.

ddrumheller on DSK120RN23PROD with NOTICES1

Submission for OMB Review;
Comment Request; Extension: Form
SF–3

[FR Doc. 2023–16675 Filed 8–3–23; 8:45 am]
BILLING CODE 8011–01–P

Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
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.
Form SF–3 (17 CFR 239.45) is a short
form registration statement used for
non-shelf issuers of asset-backed
securities to register a public offering of
their securities under the Securities Act
of 1933 (15 U.S.C. 77a et seq.). Form
SF–3 takes approximately 1,380 hours
per response and is filed by
approximately 71 issuers annually. The
information collected is intended to
ensure that the information required to
be filed by the Commission permits
verification of compliance with
securities law requirements and assures
the public availability of such
information in the asset-backed
securities market. We estimate that 25%
of the 1,380.50 hours per response
(345.12 hours) is prepared by the issuer
for a total annual reporting burden of
24,504 hours (345.12 hours per response
× 71 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
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
17 17

CFR 200.30–3(a)(12).

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18:51 Aug 03, 2023

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search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice by September 5, 2023 to (i)
www.reginfo.gov/public/do/PRAMain
and (ii) David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington,
DC 20549, or by sending an email to:
[email protected].

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–98029; File No. SR–FINRA–
2023–008]

Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Order Approving a
Proposed Rule Change To Amend
FINRA Rules 1015, 9261, 9341, 9524,
9830 and Funding Portal Rule 900
(Code of Procedure) To Permit
Hearings Under Those Rules To Be
Conducted by Video Conference
I. Introduction
On April 26, 2023, the Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’) filed with the Securities and
Exchange Commission (‘‘SEC’’ or
‘‘Commission’’), pursuant to section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Exchange Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to amend FINRA Rules 1015,
9261, 9341, 9524 and 9830 and Funding
Portal Rule 900 to allow for video
conference hearings before the Office of
Hearing Officers (‘‘OHO’’) and the
National Adjudicatory Council (‘‘NAC’’)
under specified conditions. The
proposed rule change was published for
comment in the Federal Register on
May 4, 2023.3 On June 7, 2023, FINRA
consented to extend until August 2,
2023, the time period in which the
Commission must approve the proposed
rule change, disapprove the proposed
rule change, or institute proceedings to
determine whether to approve or
1 15

U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Exchange Act Release No. 97403 (May 4,
2023), 88 FR 28645 (May 4, 2023) (File No. SR–
FINRA–2023–008) (‘‘Notice’’). The Commission did
not receive any comments in connection with the
Notice.
2 17

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51879

disapprove the proposed rule change.4
This order approves the proposed rule
change.
II. Description of the Proposed Rule
Change
A. Background
FINRA Rules 1015, 9261, 9341, 9524
and 9830 and Funding Portal Rule 900
pertain to the procedures for various
types of proceedings conducted by OHO
and the NAC.5 As summarized in the
Notice, OHO conducts hearings in
disciplinary proceedings 6 and hearings
for temporary and permanent cease and
desist orders (‘‘TCDOs’’ and ‘‘PCDOs’’).7
When orders in disciplinary
proceedings are appealed, the NAC
holds hearings on oral argument.8 The
NAC also conducts hearings in
membership proceedings,9 eligibility
proceedings,10 and Funding Portal
eligibility proceedings.11 Under these
4 See Letter from Ilana Reid, Associate General
Counsel, FINRA (June 7, 2023) available at https://
www.finra.org/sites/default/files/2023-06/sr-finra2023-008-extension-no-1.pdf.
5 See Notice at 28646.
6 See Notice at 28646. FINRA stated that the
FINRA Rule 9200 Series sets forth the procedures
for disciplinary proceedings initiated by the
Department of Enforcement against any FINRA
member or associated person for alleged violation
of any rule, regulation, or statutory provision that
FINRA has jurisdiction to enforce, including the
federal securities laws and the regulations
thereunder. See Notice at n.8. See also FINRA Rule
9261.
7 See Notice at 28646. FINRA stated that the
FINRA Rule 9800 Series sets forth the procedures
for TCDO and PCDO proceedings. These provide a
mechanism for FINRA to take necessary remedial
action against a member or associated person where
there is a significant risk that the alleged
misconduct could cause continuing harm to the
investing public, if not addressed expeditiously.
See Notice at n.9. See also FINRA Rule 9830.
8 See Notice at 28646. FINRA stated that the
FINRA Rule 9300 Series sets forth the procedures
for review of disciplinary proceedings by the NAC.
See Notice at n.10. See also FINRA Rule 9341.
9 See Notice at 28646. FINRA stated that the
FINRA Rule 1000 Series governs, among other
things, the process for: (i) applying for FINRA
membership; (ii) FINRA members to seek approval
of a change in ownership, control or business
operations; and (iii) an applicant to request that the
NAC review a FINRA decision rendered under the
Rule 1000 Series. See Notice at n.11. See also
FINRA Rule 1015.
10 See Notice at 28646. FINRA stated that the
FINRA Rule 9520 Series sets forth the procedures
for eligibility proceedings and review of those
proceedings by the NAC and FINRA Board. See
Notice at n.12. See also FINRA Rule 9524.
‘‘Eligibility proceedings,’’ refer to the process where
FINRA may allow a person subject to statutory
disqualification to enter or remain in the securities
industry. See e.g., https://www.finra.org/rulesguidance/guidance/eligibility-requirements
(providing general information about these
proceedings).
11 See Notice at 28646. Paragraph (b) of Funding
Portal Rule 900 was established as a streamlined
version of the FINRA Rule 9520 Series, discussed
supra note 10, and sets forth the procedures for

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