[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Notices]
[Pages 11322-11323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02977]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

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


Proposed Collection; Comment Request; Extension: Rule 12f-3

Upon Written Request, Copies Available From: U.S. 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 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') is soliciting comments on the existing 
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.). The Commission plans to submit this existing collection of 
information to the Office of Management and Budget (``OMB'') for 
extension and approval.
    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

[[Page 11323]]

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 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 24 
responses annually for an aggregate burden for all respondents of 24 
hours. Each respondent's related internal cost of compliance for Rule 
12f-3 would be $242, 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 $5,808 
(24 responses x $242/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.
    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 
estimates of the burden of the proposed collection of information; (c) 
ways to enhance the quality, utility, and clarity of the information on 
respondents; 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 
April 15, 2024.
    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, 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: February 8, 2024.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-02977 Filed 2-13-24; 8:45 am]
BILLING CODE 8011-01-P