[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Pages 71621-71622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22816]
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SECURITIES AND EXCHANGE COMMISSION
[SEC File No. 270-361, OMB Control No. 3235-0411]
Proposed Collection; Comment Request; Extension: Rule 489 and
Form F-N
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.) (``Paperwork Reduction Act''), the
Securities and Exchange Commission (the ``Commission'') is soliciting
comments on the collection of information summarized below. The
Commission plans to submit this existing collection of information to
the Office of Management and Budget (``OMB'') for extension and
approval.
Rule 489 (17 CFR 230.489) under the Securities Act of 1933 (15
U.S.C. 77a et seq.) requires foreign banks and foreign insurance
companies and holding companies and finance subsidiaries of foreign
banks and foreign insurance companies that are exempted from the
definition of ``investment company'' by virtue of rules 3a-1 (17 CFR
270.3a-1), 3a-5 (17 CFR 270.3a-5), and 3a-6 (17 CFR 270.3a-6) under the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) to file Form
F-N (17 CFR 239.43) to appoint an agent for service of process when
making a public offering of securities in the United States. The
information is collected so that the Commission and private
[[Page 71622]]
plaintiffs may serve process on foreign entities in actions and
administrative proceedings arising out of or based on the offer or
sales of securities in the United States by such foreign entities.
The Commission received an average of 25 Form F-N filings per year
over the last three years (2020-2022). The Commission has previously
estimated that the total annual burden associated with information
collection and Form F-N preparation and submission is one hour per
filing. Based on the Commission's experience with disclosure documents
generally, the Commission continues to believe that this estimate is
appropriate. Thus the estimated total annual burden for rule 489 and
Form F-N is 25 hours.
Estimates of average burden hours are made solely for the purposes
of the Paperwork Reduction Act and are not derived from a comprehensive
or even representative survey or study of the costs of Commission rules
and forms. Compliance with the collection of information requirements
of rule 489 and Form F-N is mandatory to obtain the benefit of the
exemption. Responses to the collection of information will not be kept
confidential. 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 OMB control number.
Written comments are invited on: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted by December 18, 2023.
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.
Please direct your written comments to: David Bottom, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o John Pezzullo, 100 F Street NE, Washington, DC 20549 or send an
email to: [email protected].
Dated: October 11, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22816 Filed 10-16-23; 8:45 am]
BILLING CODE 8011-01-P