Submission for OMB Review; Comment Request, 35316-35317 [E5-3118]

Download as PDF 35316 Federal Register / Vol. 70, No. 116 / Friday, June 17, 2005 / Notices Regulatory Affairs, Office of Management and Budget, Room 10202, New Executive Office Building, Washington, DC 20503 or e-mail to David_Rostker@omb.eop.gov; and (ii) R. Corey Booth, Director/CIO, Office of Information Technology, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. Comments must be submitted to OMB within 30 days of this notice. Dated: June 6, 2005. J. Lynn Taylor, Assistant Secretary. [FR Doc. E5–3116 Filed 6–16–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon written request, copies available from: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. Extension: Rule 17a–10, SEC File No. 270–507, OMB Control No. 3235–0563. 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 (‘‘OMB’’) a request for extension of the previously approved collection of information discussed below. Section 17(a) of the Investment Company Act of 1940 (the ‘‘Act’’), prohibits affiliated persons of a registered investment company (‘‘fund’’) from borrowing money or other property from, or selling or buying securities or other property to or from the fund, or any company that the fund controls. Rule 17a–10 permits (i) a subadviser of a fund to enter into transactions with funds the subadviser does not advise but which are affiliated persons of a fund that it does advise (e.g., other funds in the fund complex), and (ii) a subadviser (and its affiliated persons) to enter into transactions and arrangements with funds the subadviser does advise, but only with respect to discrete portions of the subadvised fund for which the subadviser does not provide investment advice. To qualify for the exemptions in rule 17a–10, the subadvisory relationship must be the sole reason why section 17(a) prohibits the transaction; and the advisory contracts of the subadviser entering into the transaction, and any VerDate jul<14>2003 17:59 Jun 16, 2005 Jkt 205001 subadviser that is advising the purchasing portion of the fund, must prohibit the subadvisers from consulting with each other concerning securities transactions of the fund, and limit their responsibility to providing advice with respect to discrete portions of the fund’s portfolio.1 The Commission staff estimates that 3,028 portfolios of approximately 2,126 funds use the services of one or more subadvisers. Based on discussions with industry representatives, the staff estimates that it will require approximately 6 hours to draft and execute revised subadvisory contracts (5 staff attorney hours, 1 supervisory attorney hour), in order for funds and subadvisers to be able to rely on the exemptions in rule 17a–10. The staff assumes that all of these funds amended their advisory contracts following the adoption of rule 17a–10 in 2002 that conditioned certain exemptions upon these contractual alterations.2 Based on an analysis of investment company filings, the staff estimates that approximately 200 new funds are registered annually. Assuming that the number of these funds that will use the services of subadvisers is proportionate to the number of funds that currently use the services of subadvisers, then approximately 46 new funds will enter into subadvisory agreements each year.3 The Commission staff further estimates, based on an analysis of investment company filings, that 10 extant funds will employ the services of subadvisers for the first time each year. Thus, the staff estimates that a total of 56 funds, with a total of 78 portfolios,4 will enter into subadvisory agreements each year. Assuming that each of these funds enters into a contract that permits it to rely on the exemptions in rule 17a–10, we estimate that the rule’s contract modification requirement will result in 117 burden hours annually.5 The estimate of average burden hours is made solely for the purposes of the Paperwork Reduction Act. The estimate 17 CFR 270.17a–10(a)(2). 12d3–1, 10f–3, 17a–10, and 17e–1 require virtually identical modifications to fund advisory contracts. The Commission staff assumes that funds would rely equally on the exemptions in these rules, and therefore the Commission has apportioned the burden hours associated with the required contract modifications equally among the four rules. 3 Based on information in Commission filings, we estimate that 23 percent of funds are advised by subadvisers. 4 Based on existing statistics, we assume that each fund has 1.4 portfolios advised by a subadviser. 5 This estimate is based on the following calculations: (78 portfolios × 6 hours = 468 burden hours for rules 12d3–1, 10f–3, 17a–10, and 17e–1; 468 total burden hours for all of the rules / four rules = 117 annual burden hours per rule). PO 00000 1 See 2 Rules Frm 00096 Fmt 4703 Sfmt 4703 is not derived from a comprehensive or even a representative survey or study of the costs of Commission rules. Complying with this collection of information requirement is necessary to obtain the benefit of relying on rule 17a–10. Responses 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 control number. General comments regarding the above information should be directed to the following persons: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503 or email to: David_Rostker@omb.eop.gov; and (ii) R. Corey Booth, Director/Chief Information Officer, Office of Information Technology, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. Comments must be submitted to OMB within 30 days of this notice. Dated: June 6, 2005. J. Lynn Taylor, Assistant Secretary. [FR Doc. E5–3117 Filed 6–16–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon written request, copies available from: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. Extensions: Form 6–K, OMB Control No. 3235–0116, SEC File No. 270–107. 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 a request for extension of the previously approved collection of information discussed below. Form 6–K elicits material information from foreign private issuers of publicly traded securities promptly after the occurrence of specified or other important corporate events so that investors have current information upon which to base investment decisions. The purpose of Form 6–K is to ensure that U.S. investors have access to the same E:\FR\FM\17JNN1.SGM 17JNN1 Federal Register / Vol. 70, No. 116 / Friday, June 17, 2005 / Notices information that foreign investors do when making investment decisions. Form 6–K is a public document and all information provided is mandatory. Form 6–K is filed by approximately 14,661 issuers annually. We estimate that it takes 8 hours per response to prepare Form 6–K for a total annual burden of 117,288 hours. We further estimate that 367 Forms 6–K each year require an additional 27 hours per response to translate into English an additional 8 pages of foreign language text for a total of 9,909 additional burden hours, which results in 127,197 total annual burden hours for Form 6– K. We estimate that respondents incur 75% of the 117,288 annual burden hours (87,966 hours) to prepare Form 6– K and 25% of the 9,909 burden hours (2,477 hours) to translate the additional foreign language text into English for a total annual reporting burden of 90,443 hours. The remaining burden hours are reflected as a cost to the foreign private issuers. 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. Written comments regarding the above information should be directed to the following persons: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503 or send an email to David_Rostker@omb.eop.gov; and (ii) R. Corey Booth, Director/Chief Information Officer, Office of Information Technology, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. Comments must be submitted to OMB within 30 days of this notice. Dated: June 7, 2005. J. Lynn Taylor, Assistant Secretary. [FR Doc. E5–3118 Filed 6–16–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon written request, copies available from: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. Extensions: Form 8–A, OMB Control No. 3235–0056, SEC File No. 270–54. VerDate jul<14>2003 17:59 Jun 16, 2005 Jkt 205001 Form 12b–25, OMB Control No. 3235– 0058, SEC File No. 270–71. 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’’) is soliciting comments on the collections of information summarized below. The Commission plans to submit these existing collections of information to the Office of Management and Budget for extension and approval. Form 8–A is a registration statement for certain classes of securities pursuant to Section 12(b) and 12(g) of the Securities Exchange Act of 1934. Section 12(a) requires securities traded on national exchanges to be registered under the Exchange Act. Section 12(g), and Rule 12g–1 promulgated thereunder, extend the Exchange Act registration requirements to issuers engaged in interstate commerce, or in a business affecting interstate commerce, and having total assets exceeding $10,000,000 and a class of equity security held or record by 500 or more people. Form 8–A takes approximately 3 hours to prepare and is filed by approximately 1,760 respondents for a total of 5,280 annual burden hours. Form 12b–25 provides notice to the Commission and the marketplace that a public company will be unable to timely file a required periodic report. If certain conditions are met, the company is granted an automatic filing extension. Form 12b–25 is filed by publicly held companies. Form 12b–25 takes approximately 2.5 hours to prepare and is filed by approximately 7,799 companies for a total of 19,498 annual burden hours. Written comments are invited on: (a) Whether these collections of information are necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collections 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 in writing within 60 days of this publication. Please direct your written comments to R. Corey Booth, Director/Chief Information Officer, Office of Information Technology, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 35317 Dated: June 8, 2005. J. Lynn Taylor, Assistant Secretary. [FR Doc. E5–3119 Filed 6–16–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon written request, copies available from: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. Extension: Rule 7d–2, SEC File No. 270–464, OMB Control No. 3235–0527. Rule 237, SEC File No. 270–465, OMB Control No. 3235–0528. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520), the Securities and Exchange Commission (the ‘‘Commission’’) has submitted to the Office of Management and Budget (‘‘OMB’’) a request for extension and approval of the collections of information discussed below. In Canada, as in the United States, individuals can invest a portion of their earnings in tax-deferred retirement savings accounts (‘‘Canadian retirement accounts’’). In cases where these individuals move to the United States, these participants (‘‘Canadian/U.S. Participants’’ or ‘‘participants’’) may not be able to manage their Canadian retirement account investments. Most securities and most investment companies (‘‘funds’’) that are ‘‘qualified investments’’ for Canadian retirement accounts are not registered under the U.S. securities laws. Those securities, therefore, generally cannot be publicly offered and sold in the United States without violating the registration requirements of the Securities Act of 1933 (‘‘Securities Act’’) 1 and, in the case of securities of an unregistered fund, the Investment Company Act of 1940 (‘‘Investment Company Act’’).2 As a result of these registration requirements of the U.S. securities laws, Canadian/U.S. Participants, in the past, had not been able to purchase or exchange securities for their Canadian retirement accounts as needed to meet their changing investment goals or income needs. In 2000, the Commission issued two rules that enabled Canadian/U.S. Participants to manage the assets in 1 15 2 15 E:\FR\FM\17JNN1.SGM U.S.C. 77. U.S.C. 80a. 17JNN1

Agencies

[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Notices]
[Pages 35316-35317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3118]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Submission for OMB Review; Comment Request

Upon written request, copies available from: Securities and Exchange 
Commission, Office of Filings and Information Services, Washington, DC 
20549.

Extensions:
    Form 6-K, OMB Control No. 3235-0116, SEC File No. 270-107.

    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 a 
request for extension of the previously approved collection of 
information discussed below.
    Form 6-K elicits material information from foreign private issuers 
of publicly traded securities promptly after the occurrence of 
specified or other important corporate events so that investors have 
current information upon which to base investment decisions. The 
purpose of Form 6-K is to ensure that U.S. investors have access to the 
same

[[Page 35317]]

information that foreign investors do when making investment decisions. 
Form 6-K is a public document and all information provided is 
mandatory. Form 6-K is filed by approximately 14,661 issuers annually. 
We estimate that it takes 8 hours per response to prepare Form 6-K for 
a total annual burden of 117,288 hours. We further estimate that 367 
Forms 6-K each year require an additional 27 hours per response to 
translate into English an additional 8 pages of foreign language text 
for a total of 9,909 additional burden hours, which results in 127,197 
total annual burden hours for Form 6-K. We estimate that respondents 
incur 75% of the 117,288 annual burden hours (87,966 hours) to prepare 
Form 6-K and 25% of the 9,909 burden hours (2,477 hours) to translate 
the additional foreign language text into English for a total annual 
reporting burden of 90,443 hours. The remaining burden hours are 
reflected as a cost to the foreign private issuers.
    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.
    Written comments regarding the above information should be directed 
to the following persons: (i) Desk Officer for the Securities and 
Exchange Commission, Office of Information and Regulatory Affairs, 
Office of Management and Budget, Room 10102, New Executive Office 
Building, Washington, DC 20503 or send an e-mail to David--
Rostker@omb.eop.gov; and (ii) R. Corey Booth, Director/Chief 
Information Officer, Office of Information Technology, Securities and 
Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. 
Comments must be submitted to OMB within 30 days of this notice.

    Dated: June 7, 2005.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E5-3118 Filed 6-16-05; 8:45 am]
BILLING CODE 8010-01-P
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