Proposed Collection; Comment Request, 67656-67657 [E6-19729]
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67656
Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices
is necessary for the proper performance
of functions of the Office of Personnel
Management, and whether it will have
practical utility; whether our estimate of
the public burden of this collection of
information is accurate, and based on
valid assumptions and methodology;
and ways in which we can minimize the
burden of the collection of information
on those who are to respond, through
the use of appropriate technological
collection techniques or other forms of
information technology.
Approximately 4,067 RI 38–115 forms
will be completed annually. The form
takes approximately 20 minutes to
complete. The annual burden is 1,356
hours.
For copies of this proposal, contact
Mary Beth Smith-Toomey on (202) 606–
8358, fax (202) 418–3251 or via e-mail
to MaryBeth.Smith-Toomey@opm.gov.
Please include a mailing address with
your request.
DATES: Comments on this proposal
should be received within 60 calendar
days from the date of this publication.
ADDRESSES: Send or deliver comments
to— Pamela S. Israel, Chief, Operations
Support Group, Center for Retirement
and Insurance Services, U.S. Office of
Personnel Management, 1900 E Street,
NW., Room 3349, Washington, DC
20415–3540.
For Information Regarding
Administrative Coordination Contact:
Cyrus S. Benson, Team Leader,
Publications Team, RIS Support
Services/Support Group, (202) 606–
0623.
Office of Personnel Management.
Dan G. Blair,
Deputy Director.
[FR Doc. E6–19604 Filed 11–21–06; 8:45 am]
BILLING CODE 6325–38–P
OFFICE OF PERSONNEL
MANAGEMENT
Submission for OMB Review;
Comment Request for Reclearance of
a Revised Information Collection: SF
3104 and SF 3104B
In accordance with the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13, May 22, 1995), this notice
announces that the Office of Personnel
Management (OPM) intends to submit to
the Office of Management and Budget
(OMB) a request for reclearance of a
revised information collection. SF 3104,
Application for Death Benefits/Federal
pwalker on PROD1PC61 with NOTICES
SUMMARY:
22:25 Nov 21, 2006
Comments on this proposal
should be received within 60 calendar
days from the date of this publication.
DATES:
Send or deliver comments
to—Pamela S. Israel, Chief, Operations
Support Group, Center for Retirement
and Insurance Services, U.S. Office of
Personnel Management, 1900 E Street,
NW., Room 3349, Washington, DC
20415–3540.
For Information Regarding
Administrative Coordination Contact:
Cyrus S. Benson, Team Leader,
Publications Team, RIS Support
Services/Support Group, 202) 606–0623,
Room 10235, Washington, DC 20503.
ADDRESSES:
Office of Personnel
Management.
ACTION: Notice.
AGENCY:
VerDate Aug<31>2005
Employees Retirement System (FERS),
is used by persons applying for death
benefits which may be payable under
FERS because of the death of an
employee, former employee, or retiree
who was covered by FERS at the time
of his/her death or separation from
Federal Service. SF 3104B,
Documentation and Elections in
Support of Application for Death
Benefits when Deceased was an
Employee at the Time of Death, is used
by applicants for death benefits under
FERS if the deceased was a Federal
employee at the time of death.
Comments are particularly invited on:
• Whether this information is
necessary for the proper performance of
functions of OPM, and whether it will
have practical utility;
• Whether our estimate of the public
burden of this collection of information
is accurate, and based on valid
assumptions and methodology; and
• Ways in which we can minimize
the burden of the collection of
information on those who are to
respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
It is estimated that approximately
7,481 SF 3104 forms will be processed
annually. This form requires
approximately 60 minutes to complete.
An annual burden of 7,481 hours is
estimated. Approximately 3,366 SF
3104B forms are expected to be
processed annually. It is estimated that
the form requires approximately 60
minutes to complete. An annual burden
of 3,366 hours is estimated. The total
annual burden is 10,847.
For copies of this proposal, contact
Mary Beth Smith-Toomey on (202) 606–
8358, fax (202) 418–3251 or via e-mail
to MaryBeth.Smith-Toomey@opm.gov.
Please include a mailing address with
your request.
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Frm 00116
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Office of Personnel Management.
Dan G. Blair,
Deputy Director.
[FR Doc. E6–19607 Filed 11–21–06; 8:45 am]
BILLING CODE 6325–38–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, Extension:
Washington, DC 20549.
Rule 154; SEC File No. 270–438; OMB
Control No. 3235–0495.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit these existing
collections of information to the Office
of Management and Budget (‘‘OMB’’) for
extension and approval.
The federal securities laws generally
prohibit an issuer, underwriter, or
dealer from delivering a security for sale
unless a prospectus meeting certain
requirements accompanies or precedes
the security. Rule 154 (17 CFR 230.154)
under the Securities Act of 1933 (15
U.S.C. 77a) (the ‘‘Securities Act’’)
permits, under certain circumstances,
delivery of a single prospectus to
investors who purchase securities from
the same issuer and share the same
address (‘‘householding’’) to satisfy the
applicable prospectus delivery
requirements.1 The purpose of Rule 154
is to reduce the amount of duplicative
prospectuses delivered to investors
sharing the same address.
Under Rule 154, a prospectus is
considered delivered to all investors at
a shared address, for purposes of the
federal securities laws, if the person
relying on the rule delivers the
prospectus to the shared address and
the investors consent to the delivery of
a single prospectus. The rule applies to
1 The Securities Act requires the delivery of
prospectuses to investors who buy securities from
an issuer or from underwriters or dealers who
participate in a registered distribution of securities.
See Securities Act sections 2(a)(10), 4(1), 4(3), 5(b)
[15 U.S.C. 77b(a)(10), 77d(1), 77d(3), 77e(b); see also
Rule 174 under the Securities Act (17 CFR 230.174)
(regarding the prospectus delivery obligation of
dealers); Rule 15c2–8 under the Securities
Exchange Act of 1934 (17 CFR 240.15c2–8)
(prospectus delivery obligations of brokers and
dealers).
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Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices
pwalker on PROD1PC61 with NOTICES
prospectuses and prospectus
supplements. Currently, the rule
permits householding of all
prospectuses by an issuer, underwriter,
or dealer relying on the rule if, in
addition to the other conditions set forth
in the rule, the issuer, underwriter, or
dealer has obtained from each investor
written or implied consent to
householding.2 The rule requires
issuers, underwriters, or dealers that
wish to household prospectuses with
implied consent to send a notice to each
investor stating that the investors in the
household will receive one prospectus
in the future unless the investors
provide contrary instructions. In
addition, at least once a year, issuers,
underwriters, or dealers, relying on Rule
154 for the householding of
prospectuses, must explain to investors
who have provided written or implied
consent how they can revoke their
consent. Preparing and sending the
initial notice and the annual
explanation of the right to revoke are
collections of information.
The rule allows issuers, underwriters,
or dealers to household prospectuses
and prospectus supplements if certain
conditions are met. Among the
conditions with which a person relying
on the rule must comply are providing
notice to each investor that only one
prospectus will be sent to the household
and, in the case of issuers that are openend mutual funds, providing to each
investor who consents to householding
an annual explanation of the right to
revoke consent to the delivery of a
single prospectus to multiple investors
sharing an address. The purpose of the
notice and annual explanation
requirements of the rule is to ensure that
investors who wish to receive
individual copies of shareholder reports
are able to do so.
Although Rule 154 is not limited to
investment companies, the Commission
believes that it is used mainly by openend mutual funds and by broker-dealers
that deliver prospectuses for open-end
mutual funds. The Commission is
unable to estimate the number of issuers
other than mutual funds that rely on the
rule.
The Commission estimates that there
are approximately 2,400 open-end
mutual funds, approximately 200 of
which engage in direct marketing and
therefore deliver their own
prospectuses. The Commission
estimates that each direct-marketed
2 Rule 154 permits the householding of
prospectuses that are delivered electronically to
investors only if delivery is made to a shared
electronic address and the investors give written
consent to householding. Implied consent is not
permitted in such a situation. See Rule 154(b)(4).
VerDate Aug<31>2005
22:25 Nov 21, 2006
Jkt 211001
mutual fund will spend an average of 20
hours per year complying with the
notice requirement of the rule, for a total
of 4,000 hours. The Commission
estimates that each direct-marketed
fund will also spend 1 hour complying
with the explanation of the right to
revoke requirement of the rule, for a
total of 200 hours. The Commission
estimates that there are approximately
361 broker-dealers that carry customer
accounts and, therefore, may be
required to deliver mutual fund
prospectuses. The Commission
estimates that each affected brokerdealer will spend, on average,
approximately 20 hours complying with
the notice requirement of the rule, for a
total of 7,220 hours. Each broker-dealer
will also spend 1 hour complying with
the annual explanation of the right to
revoke requirement, for a total of 361
hours. Therefore, the total number of
respondents for Rule 154 is 561 (200
mutual funds plus 361 broker-dealers),
and the estimated total hour burden is
11,781 hours (4,200 hours for mutual
funds plus 7,581 hours for brokerdealers).
The estimate of average burden hours
is made solely for the purposes of the
Paperwork Reduction Act, and is not
derived from a comprehensive or even
a representative survey or study of the
costs of Commission rules and forms.
Written comments are invited on: (a)
Whether the collections of information
are necessary for the proper
performance of the functions of the
Commission, including whether the
information has practical utility; (b) the
accuracy of the Commission’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 collections
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, Securities and
Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way,
Alexandria, VA 22312; or send an
e-mail to: PRA_Mailbox@sec.gov.
Dated: November 15, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. E6–19729 Filed 11–21–06; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–54766; File No. S7–06–05]
Order Granting the New York Stock
Exchange Inc.’s (n/k/a the New York
Stock Exchange LLC) Application for
an Exemption Pursuant to Section 36
of the Securities Exchange Act of 1934
November 16, 2006.
I. Introduction
On May 26, 2005, the Securities and
Exchange Commission (the
‘‘Commission’’) received an application
from the New York Stock Exchange, Inc.
(n/k/a the New York Stock Exchange
LLC) (‘‘NYSE’’ or ‘‘Exchange’’) 1 for an
exemption pursuant to section 36 2 of
the Securities Exchange Act of 1934 (the
‘‘Exchange Act’’),3 in accordance with
the procedures set forth in Exchange Act
Rule 0–12.4 The NYSE has requested
exemptive relief from section 12(a) of
the Exchange Act 5 to permit its
members and brokers or dealers to trade
certain unregistered debt securities on
its facilities.6 On July 8, 2005, the
Commission approved publication of a
notice of the application submitted by
the NYSE, a proposed exemption order,7
and a proposed rule change by the
NYSE that would incorporate the terms
of the proposed exemption into the
NYSE’s rules.8 We received 19 comment
letters on the proposed exemption
order.9 The responses are discussed
1 On October 17, 2006, the NYSE submitted an
updated application to the Commission.
2 15 U.S.C. 78mm. Section 36 of the Exchange Act
gives the Commission the authority to exempt any
person, security or transaction from any Exchange
Act provision by rule, regulation or order, to the
extent that the exemption is necessary or
appropriate in the public interest and consistent
with the protection of investors.
3 15 U.S.C. 78a et seq.
4 17 CFR 240.0–12. Exchange Act Rule 0–12 sets
forth procedures for filing applications for orders
for exemptive relief pursuant to section 36.
5 15 U.S.C. 78l(a).
6 The NYSE made its exemption request with
regard to the Automated Bond System (‘‘ABS’’), an
existing bond trading facility. Subsequently, the
NYSE filed a proposed rule change, SR–NYSE–
2006–37 (the ‘‘NYSE Bonds Proposal’’), to establish
a new trading facility, NYSE Bonds, which would
replace ABS. Accordingly, the Commission is
granting the exemption described herein for use in
conjunction with ABS and any successor bond
trading facility, which would include NYSE Bonds,
in the event that the NYSE Bonds Proposal is
approved.
7 See Release No. 34–51998 (July 8, 2005), 70 FR
40748 (July 15, 2005).
8 See Release No. 34–51999 (July 8, 2005), 70 FR
41067 (July 15, 2005) (SR–NYSE–2004–69).
9 The commenters are as follows: Bond Market
Association; Representative Michael Castle; Mr.
William Dolan; Mr. Donald Dueweke; Mr. Howard
Friedman; Ms. Robyn Greene; Mr. Denis Kelleher;
Mr. Ron Klein; Mr. Dennis J. Lehr; Multiple
Continued
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Agencies
[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Notices]
[Pages 67656-67657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19729]
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SECURITIES AND EXCHANGE COMMISSION
Proposed Collection; Comment Request
Upon Written Request, Copies Available From: Securities and Exchange
Commission Office of Filings and Information Services, Extension:
Washington, DC 20549.
Rule 154; SEC File No. 270-438; OMB Control No. 3235-0495.
Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit these
existing collections of information to the Office of Management and
Budget (``OMB'') for extension and approval.
The federal securities laws generally prohibit an issuer,
underwriter, or dealer from delivering a security for sale unless a
prospectus meeting certain requirements accompanies or precedes the
security. Rule 154 (17 CFR 230.154) under the Securities Act of 1933
(15 U.S.C. 77a) (the ``Securities Act'') permits, under certain
circumstances, delivery of a single prospectus to investors who
purchase securities from the same issuer and share the same address
(``householding'') to satisfy the applicable prospectus delivery
requirements.\1\ The purpose of Rule 154 is to reduce the amount of
duplicative prospectuses delivered to investors sharing the same
address.
---------------------------------------------------------------------------
\1\ The Securities Act requires the delivery of prospectuses to
investors who buy securities from an issuer or from underwriters or
dealers who participate in a registered distribution of securities.
See Securities Act sections 2(a)(10), 4(1), 4(3), 5(b) [15 U.S.C.
77b(a)(10), 77d(1), 77d(3), 77e(b); see also Rule 174 under the
Securities Act (17 CFR 230.174) (regarding the prospectus delivery
obligation of dealers); Rule 15c2-8 under the Securities Exchange
Act of 1934 (17 CFR 240.15c2-8) (prospectus delivery obligations of
brokers and dealers).
---------------------------------------------------------------------------
Under Rule 154, a prospectus is considered delivered to all
investors at a shared address, for purposes of the federal securities
laws, if the person relying on the rule delivers the prospectus to the
shared address and the investors consent to the delivery of a single
prospectus. The rule applies to
[[Page 67657]]
prospectuses and prospectus supplements. Currently, the rule permits
householding of all prospectuses by an issuer, underwriter, or dealer
relying on the rule if, in addition to the other conditions set forth
in the rule, the issuer, underwriter, or dealer has obtained from each
investor written or implied consent to householding.\2\ The rule
requires issuers, underwriters, or dealers that wish to household
prospectuses with implied consent to send a notice to each investor
stating that the investors in the household will receive one prospectus
in the future unless the investors provide contrary instructions. In
addition, at least once a year, issuers, underwriters, or dealers,
relying on Rule 154 for the householding of prospectuses, must explain
to investors who have provided written or implied consent how they can
revoke their consent. Preparing and sending the initial notice and the
annual explanation of the right to revoke are collections of
information.
---------------------------------------------------------------------------
\2\ Rule 154 permits the householding of prospectuses that are
delivered electronically to investors only if delivery is made to a
shared electronic address and the investors give written consent to
householding. Implied consent is not permitted in such a situation.
See Rule 154(b)(4).
---------------------------------------------------------------------------
The rule allows issuers, underwriters, or dealers to household
prospectuses and prospectus supplements if certain conditions are met.
Among the conditions with which a person relying on the rule must
comply are providing notice to each investor that only one prospectus
will be sent to the household and, in the case of issuers that are
open-end mutual funds, providing to each investor who consents to
householding an annual explanation of the right to revoke consent to
the delivery of a single prospectus to multiple investors sharing an
address. The purpose of the notice and annual explanation requirements
of the rule is to ensure that investors who wish to receive individual
copies of shareholder reports are able to do so.
Although Rule 154 is not limited to investment companies, the
Commission believes that it is used mainly by open-end mutual funds and
by broker-dealers that deliver prospectuses for open-end mutual funds.
The Commission is unable to estimate the number of issuers other than
mutual funds that rely on the rule.
The Commission estimates that there are approximately 2,400 open-
end mutual funds, approximately 200 of which engage in direct marketing
and therefore deliver their own prospectuses. The Commission estimates
that each direct-marketed mutual fund will spend an average of 20 hours
per year complying with the notice requirement of the rule, for a total
of 4,000 hours. The Commission estimates that each direct-marketed fund
will also spend 1 hour complying with the explanation of the right to
revoke requirement of the rule, for a total of 200 hours. The
Commission estimates that there are approximately 361 broker-dealers
that carry customer accounts and, therefore, may be required to deliver
mutual fund prospectuses. The Commission estimates that each affected
broker-dealer will spend, on average, approximately 20 hours complying
with the notice requirement of the rule, for a total of 7,220 hours.
Each broker-dealer will also spend 1 hour complying with the annual
explanation of the right to revoke requirement, for a total of 361
hours. Therefore, the total number of respondents for Rule 154 is 561
(200 mutual funds plus 361 broker-dealers), and the estimated total
hour burden is 11,781 hours (4,200 hours for mutual funds plus 7,581
hours for broker-dealers).
The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules and forms.
Written comments are invited on: (a) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission'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 collections 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, Securities and Exchange Commission, C/O
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or
send an e-mail to: PRA--Mailbox@sec.gov.
Dated: November 15, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. E6-19729 Filed 11-21-06; 8:45 am]
BILLING CODE 8011-01-P