Submission for OMB Review; Comment Request, 46250-46252 [E9-21618]
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46250
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #11860 and #11861]
North Carolina Disaster # NC–00020
Dated: August 31, 2009.
Karen G. Mills,
Administrator.
[FR Doc. E9–21508 Filed 9–4–09; 8:45 am]
U.S. Small Business
Administration.
ACTION: Notice.
BILLING CODE 8025–01–P
SUMMARY: This is a notice of an
Administrative declaration of a disaster
for the State of North Carolina dated 08/
31/2009.
Incident: Severe Storms and Flooding.
Incident Period: 08/12/2009.
Effective Date: 08/31/2009.
Physical Loan Application Deadline
Date: 10/30/2009.
Economic Injury (EIDL) Loan
Application Deadline Date: 05/31/2010.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: M.
Mitravich, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
Administrator’s disaster declaration,
applications for disaster loans may be
filed at the address listed above or other
locally announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Craven.
Contiguous Counties:
North Carolina: Beaufort; Carteret;
Jones; Lenoir; Pamlico; Pitt.
The Interest Rates are:
Advisory Committee on Veterans
Business Affairs
AGENCY:
jlentini on DSKJ8SOYB1PROD with NOTICES
Homeowners With Credit Available Elsewhere .........................
Homeowners
Without
Credit
Available Elsewhere ..................
Businesses With Credit Available
Elsewhere .................................
Businesses & Small Agricultural
Cooperatives Without Credit
Available Elsewhere ..................
Other (Including Non-Profit Organizations) With Credit Available
Elsewhere .................................
Businesses and Non-Profit Organizations Without Credit Available Elsewhere .........................
SMALL BUSINESS ADMINISTRATION
The SBA is issuing this notice
to announce the location, date, time,
and agenda for the next meeting of the
Advisory Committee on Veterans
Business Affairs. The meeting will be
open to the public.
DATES: The meeting will be held on
September 22, 2009 from 9 a.m. to 5
p.m. and on September 23, 2009, from
9 a.m. to 5 p.m. Eastern Standard Time.
ADDRESSES: On Tuesday, September 22,
2009, the meeting will be held at the
U.S. Small Business Administration,
409 3rd Street, SW., Washington, DC
20416, in the Eisenhower Conference
room, located on the 2nd floor, side b,
and on Wednesday, September 23, 2009,
in the Administrator’s Large Conference
room, located on the 7th floor.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C.,
Appendix 2), SBA announces the
meeting of the Advisory Committee on
Veterans Business Affairs. The Advisory
Committee on Veterans Business Affairs
serves as an independent source of
advice and policy recommendation to
Percent
the Administrator of the U.S. Small
Business Administration.
5.500
The purpose of the meeting is
scheduled as a full committee meeting.
2.750
The agenda will include presentations
6.000 regarding ‘‘Business Counseling and
Training.’’
4.000
4.500
4.000
The number assigned to this disaster
for physical damage is 11860 6 and for
economic injury is 11861 0.
The States which received an EIDL
Declaration # are North Carolina.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
VerDate Nov<24>2008
22:36 Sep 04, 2009
AGENCY: U.S. Small Business
Administration.
ACTION: Notice of open Federal Advisory
Committee Meeting.
Jkt 217001
SUMMARY:
FOR FURTHER INFORMATION CONTACT: The
meeting is open to the public; however,
advance notice of attendance is
requested. Anyone wishing to attend
and/or make a presentation to the
Advisory Committee on Veterans
Business Affairs must contact Cheryl
Simms, Program Liaison, by September
4, 2009, by fax or e-mail in order to be
placed on the agenda. Cheryl Simms,
Program Liaison, U.S. Small Business
Administration, Office of Veterans
Business Development, 409 3rd Street,
SW., Washington, DC 20416, Telephone
number: (202) 619–1697, Fax number:
PO 00000
Frm 00171
Fmt 4703
Sfmt 4703
202–481–6085, e-mail address:
cheryl.simms@sba.gov.
Additionally, if you need
accommodations because of a disability
or require additional information, please
contact Cheryl Simms, Program Liaison
at (202) 619–1697; e-mail address:
cheryl.simms@sba.gov, SBA, Office of
Veterans Business Development, 409
3rd Street, SW., Washington, DC 20416.
For more information, please visit our
Web site at https://www.sba.gov/vets.
Dated: August 18, 2009.
Meaghan Burdick,
SBA Committee Management Officer.
[FR Doc. E9–21506 Filed 9–4–09; 8:45 am]
BILLING CODE 8025–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60559; File No. SR–ISE–
2009–27]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Order Granting Approval of a
Proposed Rule Change as Modified by
Amendment No. 1 Thereto to Adopt
Rules Implementing the Options Order
Protection and Locked/Crossed Market
Plan
August 21, 2009.
Correction
In notice document E9–20788
beginning on page 44425 in the issue of
Friday, August 28, 2009, make the
following correction:
On page 44425, in the second column,
the date underneath the subject was
inadvertently omitted. The date should
read as set forth above.
[FR Doc. Z9–20788 Filed 9–4–09; 8:45 am]
BILLING CODE 1505–01–D
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon written request, copies available
from: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension: Rule 2a–7, SEC File No. 270–258,
OMB Control No. 3235–0268.
Notice is hereby given that under the
Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for extension of the previously
E:\FR\FM\08SEN1.SGM
08SEN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices
approved collection of information
discussed below.
Rule 2a–7 (17 CFR 270.2a–7) under
the Investment Company Act of 1940
(15 U.S.C. 80a) (the ‘‘Act’’) governs
money market funds. Money market
funds are open-end management
investment companies that differ from
other open-end management investment
companies in that they seek to maintain
a stable price per share, usually $1.00.
The rule exempts money market funds
from the valuation requirements of the
Act and, subject to certain risk-limiting
conditions, permits money market funds
to use the ‘‘amortized cost method’’ of
asset valuation or the ‘‘penny-rounding
method’’ of share pricing.
Rule 2a–7 imposes certain
recordkeeping and reporting obligations
on money market funds. The board of
directors of a money market fund, in
supervising the fund’s operations, must
establish written procedures designed to
stabilize the fund’s net asset value
(‘‘NAV’’). The board also must adopt
guidelines and procedures relating to
certain responsibilities it delegates to
the fund’s adviser. These procedures
and guidelines typically address various
aspects of the fund’s operations. The
fund must maintain and preserve for six
years a written copy of both procedures
and guidelines. The fund also must
maintain and preserve for six years a
written record of the board’s
considerations and actions taken in
connection with the discharge of its
responsibilities, to be included in the
board’s minutes. In addition, the fund
must maintain and preserve for three
years written records of certain credit
risk analyses, evaluations with respect
to securities subject to demand features
or guarantees, and determinations with
respect to adjustable rate securities and
asset backed securities. If the board
takes action with respect to defaulted
securities, events of insolvency, or
deviations in share price, the fund must
file with the Commission an exhibit to
Form N–SAR (17 CFR 249.330)
describing the nature and circumstances
of the action. If any portfolio security
fails to meet certain eligibility standards
under the rule, the fund also must
identify those securities in an exhibit to
Form N–SAR. After certain events of
default or insolvency relating to a
portfolio security, the fund must notify
the Commission of the event and the
actions the fund intends to take in
response to the situation.
The recordkeeping requirements in
rule 2a–7 are designed to enable
Commission staff in its examinations of
money market funds to determine
compliance with the rule, as well as to
ensure that money market funds have
VerDate Nov<24>2008
17:32 Sep 04, 2009
Jkt 217001
established procedures for collecting the
information necessary to make adequate
credit reviews of securities in their
portfolios. The reporting requirements
of rule 2a–7 are intended to assist
Commission staff in overseeing money
market funds.
Commission staff estimates that each
of 757 1 money market funds spends a
total of approximately 410 hours 2 of
professional time (at $193 per hour) 3 to
record credit risk analyses and
determinations regarding adjustable rate
securities, asset backed securities and
securities subject to a demand feature or
guarantee, for a total of approximately
$59,901,410. The staff further estimates
that each of 9 new money market funds
spends a total of 15.5 hours of director,
legal, and support staff time at a total
cost of approximately $50,487.30 to
adopt procedures designed to stabilize
the fund’s NAV and guidelines
regarding the delegation of certain
responsibilities to the fund’s adviser.4
The staff further estimates that on
average each of 189 money market funds
spends a total of 2.4 hours of director
and legal time at a total cost of
approximately $442,260 to review and
amend written procedures and
guidelines each year.5 Finally, the staff
estimates that each of 13 money market
funds that experience a change in
certain eligibility standards for portfolio
securities or an event of default or
insolvency relating to portfolio
securities spends a total of one and a
half hours of professional legal time
documenting board determinations and
notifying the Commission regarding the
event, for a total of $5265. Thus,
Commission staff estimates the total
annual burden of the rule’s information
collection requirements are 310,983
1 See Investment Company Institute, Trends in
Mutual Fund Investing: April 2009 (May 28, 2009),
https://www.ici.org/highlights/trends_04_09. These
include registered money market funds and series
of registered funds.
2 This average is based on discussions with
individuals at money market funds and their
advisers. The actual number of burden hours may
vary significantly depending on the type and
number of portfolio securities held by individual
funds.
3 The estimated hourly cost was based on the
weighted average annual salaries reported for senior
business analysts, accountants, floor supervisors,
and portfolio managers in SIFMA’s Management &
Professional Earnings in the Securities Industry
2008 (Sept. 2008), modified by Commission staff to
account for an 1800-hour work-year and multiplied
by 5.35 to account for bonuses, firm size, employee
benefits and overhead.
4 This estimate is based on information from
Lipper Inc.’s LANA database for the period of
January 1, 2007 through December 31, 2008.
5 For PRA purposes we assumed that on average
25% of money market funds would review and
update their procedures on an annual basis.
PO 00000
Frm 00172
Fmt 4703
Sfmt 4703
46251
hours 6 at an annual cost of
$60,399,422.7
The Commission staff estimate of
310,983 burden hours is a decrease from
the previous estimate of 1,034,800
hours. The decrease is primarily
attributable to the decrease in the
number of money market funds and
updated information from money
market funds regarding hourly burdens,
including significant differences in
burden hours reported by the funds
surveyed in this submission year than
those reported by funds in prior
submission years.
These estimates of burden hours are
made solely for the purposes of the
Paperwork Reduction Act. The
estimates are not derived from a
comprehensive or even a representative
survey or study of Commission rules.
In addition to the burden hours,
Commission staff estimates that money
market funds will incur costs to
preserve records required under rule
2a–7. These costs will vary significantly
for individual funds, depending on the
amount of assets under fund
management and whether the fund
preserves its records in a storage facility
in hard copy or has developed and
maintains a computer system to create
and preserve compliance records.8
Commission staff estimates that the
amount an individual fund may spend
ranges from $100 per year to $300,000.
Based on a cost of $0.0051295 per dollar
of assets under management for small
funds, $0.0005041 per dollar assets
under management for medium funds,
and $0.0000009 per dollar of assets
under management for large funds,9 the
6 This estimate is based on the following
calculation: 310,370 hours + 139.5 hours + 453.6
hours + 19.5 hours = 310,982.6 hours.
7 A significant portion of the recordkeeping
burden involves organizing information that the
funds already collect when initially purchasing
securities. In addition, when a money market fund
analyzes a security, the analysis need not be
presented in any particular format. Money market
funds therefore have a choice of methods for
maintaining these records that vary in technical
sophistication and formality (e.g., handwritten
notes, computer disks, etc.). Accordingly, the cost
of preparing these documents may vary
significantly among individual funds. The burden
hours associated with filing reports to the
Commission as an exhibit to Form N–SAR are
included in the PRA burden estimate for that form.
8 The amount of assets under management in
individual money market funds ranges from
approximately $300,000 to approximately $162
billion.
9 For purpose of this PRA submission,
Commission staff used the following categories for
fund sizes: (i) Small—money market funds with $50
million or less in assets under management, (ii)
medium—money market funds with more than $50
million up to and including $1 billion in assets
under management; and (iii) large—money market
funds with more than $1 billion in assets under
management.
E:\FR\FM\08SEN1.SGM
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46252
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices
staff estimates compliance with rule 2a–
7 costs the fund industry approximately
$72.4 million per year.10 Based on
responses from individuals in the
money market fund industry, the staff
estimates that some of the largest fund
complexes have created computer
programs for maintaining and
preserving compliance records for rule
2a–7. Based on a cost of $0.0000132 per
dollar of assets under management for
large funds, the staff estimates that total
annualized capital/startup costs range
from $0 for small funds to $48.8 million
for all large funds. Commission staff
further estimates that, even absent the
requirements of rule 2a–7, money
market funds would spend at least half
of the amount for capital costs ($24.4
million) and for record preservation
($36.2 million) to establish and
maintain these records and the systems
for preserving them as a part of sound
business practices to ensure
diversification and minimal credit risk
in a portfolio for a fund that seeks to
maintain a stable price per share.
The collections of information
required by rule 2a–7 are necessary to
obtain the benefits described above.
Notices to the Commission 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.
Please direct general comments
regarding the above information to the
following persons: (i) Desk Officer for
the Securities and Exchange
Commission, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503
or send an e-mail to Shagufta Ahmed at
Shagufta_Ahmed@omb.eop.gov; and (ii)
Charles Boucher, Director/CIO,
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. Comments must
be submitted to OMB within 30 days of
this notice.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–21618 Filed 9–4–09; 8:45 am]
jlentini on DSKJ8SOYB1PROD with NOTICES
BILLING CODE 8010–01–P
10 The staff estimated the annual cost of
preserving the required books and records by
identifying the annual costs incurred by several
funds and then relating this total cost to the average
net assets of these funds during the year. With a
total of $1 billion under management in small
funds, $126.8 billion under management in medium
funds and $3.7 trillion under management in large
funds, the costs of preservation were estimated as
follows: ((0.0051295 x $1 billion) + (0.0005041 x
$126.8 billion) + (0.0000009 x $3.7 trillion) =
$72.38 million.
VerDate Nov<24>2008
17:32 Sep 04, 2009
Jkt 217001
Web site by searching for the file
number or an applicant using the
Company name box, at https://
[Investment Company Act Release No.
www.sec.gov/search/search.htm or by
28894; File No. 812–13643]
calling (202) 551–8090.
Applicants’ Representations:
AdvisorOne Funds and CLS
1. The Trust, a Delaware statutory
Investments, LLC; Notice of
trust, is registered under the Act as an
Application
open-end management investment
company and currently consists of six
August 31, 2009.
separate funds: The Amerigo Fund,
AGENCY: Securities and Exchange
Clermont Fund, Berolina Fund,
Commission (‘‘Commission’’).
Reservoir Fund, Descartes Fund, and
ACTION: Notice of an application under
1
section 6(c) of the Investment Company Liahona Fund. Each Fund has its own
investment objective, policies, and
Act of 1940 (the ‘‘Act’’) for an
exemption from section 15(a) of the Act restrictions.
The Adviser, a limited liability
and rule 18f-2 under the Act.
company organized under the laws of
the State of Nebraska, is an investment
Summary of Application: The
adviser registered under the Investment
requested order would permit certain
Advisers Act of 1940 (‘‘Advisers Act’’).
registered open-end management
investment companies to enter into and The Adviser serves as the investment
adviser of each Fund and will serve as
materially amend subadvisory
the investment adviser of each of the
agreements without shareholder
New Funds. The Adviser’s primary
approval.
business activity is providing
Applicants: AdvisorOne Funds (the
‘‘Trust’’) and CLS Investments, LLC (the investment management services to the
‘‘Adviser’’) (collectively, ‘‘Applicants’’). Funds pursuant to an investment
advisory agreement with the Trust (the
Filing Dates: The application was
‘‘Advisory Agreement’’). The Advisory
filed on March 16, 2009, and amended
Agreement was approved by the board
on August 26, 2009.
Hearing or Notification of Hearing: An of trustees of the Trust (‘‘Board’’),
including a majority of the trustees who
order granting the application will be
are not ‘‘interested persons,’’ as defined
issued unless the Commission orders a
hearing. Interested persons may request in section 2(a)(19) of the Act, of the
Trust or the Adviser (the ‘‘Independent
a hearing by writing to the
Trustees’’) and, except with respect to
Commission’s Secretary and serving
the New Funds, was approved by the
applicants with a copy of the request,
initial shareholder of each Fund. With
personally or by mail. Hearing requests
respect to the New Funds, the Advisory
should be received by the Commission
by 5:30 p.m. on September 25, 2009 and Agreement will be approved by the
initial shareholder of the Fund.
should be accompanied by proof of
2. Under the terms of the Advisory
service on applicants, in the form of an
Agreement, the Adviser is responsible
affidavit or, for lawyers, a certificate of
for formulating each Fund’s investment
service. Hearing requests should state
program and for making day-to-day
the nature of the writer’s interest, the
investment decisions and engaging in
reasons for the request, and the issues
portfolio transactions. For the
contested. Persons who wish to be
investment management services that it
notified of a hearing may request
provides to each Fund, the Adviser
notification by writing to the
Commission’s Secretary.
1 Applicants also request relief with respect to
ADDRESSES: Secretary, U.S. Securities
future series of the Trust and any other existing or
and Exchange Commission, 100 F
future registered open-end management investment
Street, NE., Washington, DC 20549–
company or series thereof that: (a) Is advised by the
Adviser or any entity controlling, controlled by or
1090. Applicants, Gemini Fund
under common control with the Adviser; (b) uses
Services, LLC, 450 Wireless Boulevard,
the manager of managers structure described in the
Hauppauge, New York 11788–0132.
application; and (c) complies with the terms and
conditions of the application (collectively, the
FOR FURTHER INFORMATION CONTACT:
‘‘Funds’’ and each, a ‘‘Fund’’). A Post-Effective
Barbara T. Heussler, Senior Counsel at
Amendment to the Trust’s registration statement
(202) 551–6990, or Jennifer L. Sawin,
relating to the CLS Risk-Managed Enhanced Income
Branch Chief, at (202) 551–6821
Fund, the CLS Fixed Income Fund and the CLS
Concentrated Allocation Fund (the ‘‘New Funds’’)
(Division of Investment Management,
has been filed with the Commission and is not yet
Office of Investment Company
effective. The only existing registered open-end
Regulation).
management investment company that currently
SECURITIES AND EXCHANGE
COMMISSION
The
following is a summary of the
application. The complete application
may be obtained via the Commission’s
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00173
Fmt 4703
Sfmt 4703
intends to rely on the requested order is named as
an Applicant. If the name of any Fund contains the
name of a Subadviser (as defined below), the name
of the Adviser that serves as the primary adviser to
the Fund will precede the name of the Subadviser.
E:\FR\FM\08SEN1.SGM
08SEN1
Agencies
[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Notices]
[Pages 46250-46252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21618]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Submission for OMB Review; Comment Request
Upon written request, copies available from: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.
Extension: Rule 2a-7, SEC File No. 270-258, OMB Control No. 3235-
0268.
Notice is hereby given that under the Paperwork Reduction Act of
1995 (``PRA'') (44 U.S.C. 3501), the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget a
request for extension of the previously
[[Page 46251]]
approved collection of information discussed below.
Rule 2a-7 (17 CFR 270.2a-7) under the Investment Company Act of
1940 (15 U.S.C. 80a) (the ``Act'') governs money market funds. Money
market funds are open-end management investment companies that differ
from other open-end management investment companies in that they seek
to maintain a stable price per share, usually $1.00. The rule exempts
money market funds from the valuation requirements of the Act and,
subject to certain risk-limiting conditions, permits money market funds
to use the ``amortized cost method'' of asset valuation or the ``penny-
rounding method'' of share pricing.
Rule 2a-7 imposes certain recordkeeping and reporting obligations
on money market funds. The board of directors of a money market fund,
in supervising the fund's operations, must establish written procedures
designed to stabilize the fund's net asset value (``NAV''). The board
also must adopt guidelines and procedures relating to certain
responsibilities it delegates to the fund's adviser. These procedures
and guidelines typically address various aspects of the fund's
operations. The fund must maintain and preserve for six years a written
copy of both procedures and guidelines. The fund also must maintain and
preserve for six years a written record of the board's considerations
and actions taken in connection with the discharge of its
responsibilities, to be included in the board's minutes. In addition,
the fund must maintain and preserve for three years written records of
certain credit risk analyses, evaluations with respect to securities
subject to demand features or guarantees, and determinations with
respect to adjustable rate securities and asset backed securities. If
the board takes action with respect to defaulted securities, events of
insolvency, or deviations in share price, the fund must file with the
Commission an exhibit to Form N-SAR (17 CFR 249.330) describing the
nature and circumstances of the action. If any portfolio security fails
to meet certain eligibility standards under the rule, the fund also
must identify those securities in an exhibit to Form N-SAR. After
certain events of default or insolvency relating to a portfolio
security, the fund must notify the Commission of the event and the
actions the fund intends to take in response to the situation.
The recordkeeping requirements in rule 2a-7 are designed to enable
Commission staff in its examinations of money market funds to determine
compliance with the rule, as well as to ensure that money market funds
have established procedures for collecting the information necessary to
make adequate credit reviews of securities in their portfolios. The
reporting requirements of rule 2a-7 are intended to assist Commission
staff in overseeing money market funds.
Commission staff estimates that each of 757 \1\ money market funds
spends a total of approximately 410 hours \2\ of professional time (at
$193 per hour) \3\ to record credit risk analyses and determinations
regarding adjustable rate securities, asset backed securities and
securities subject to a demand feature or guarantee, for a total of
approximately $59,901,410. The staff further estimates that each of 9
new money market funds spends a total of 15.5 hours of director, legal,
and support staff time at a total cost of approximately $50,487.30 to
adopt procedures designed to stabilize the fund's NAV and guidelines
regarding the delegation of certain responsibilities to the fund's
adviser.\4\ The staff further estimates that on average each of 189
money market funds spends a total of 2.4 hours of director and legal
time at a total cost of approximately $442,260 to review and amend
written procedures and guidelines each year.\5\ Finally, the staff
estimates that each of 13 money market funds that experience a change
in certain eligibility standards for portfolio securities or an event
of default or insolvency relating to portfolio securities spends a
total of one and a half hours of professional legal time documenting
board determinations and notifying the Commission regarding the event,
for a total of $5265. Thus, Commission staff estimates the total annual
burden of the rule's information collection requirements are 310,983
hours \6\ at an annual cost of $60,399,422.\7\
---------------------------------------------------------------------------
\1\ See Investment Company Institute, Trends in Mutual Fund
Investing: April 2009 (May 28, 2009), https://www.ici.org/highlights/trends_04_09. These include registered money market funds and
series of registered funds.
\2\ This average is based on discussions with individuals at
money market funds and their advisers. The actual number of burden
hours may vary significantly depending on the type and number of
portfolio securities held by individual funds.
\3\ The estimated hourly cost was based on the weighted average
annual salaries reported for senior business analysts, accountants,
floor supervisors, and portfolio managers in SIFMA's Management &
Professional Earnings in the Securities Industry 2008 (Sept. 2008),
modified by Commission staff to account for an 1800-hour work-year
and multiplied by 5.35 to account for bonuses, firm size, employee
benefits and overhead.
\4\ This estimate is based on information from Lipper Inc.'s
LANA database for the period of January 1, 2007 through December 31,
2008.
\5\ For PRA purposes we assumed that on average 25% of money
market funds would review and update their procedures on an annual
basis.
\6\ This estimate is based on the following calculation: 310,370
hours + 139.5 hours + 453.6 hours + 19.5 hours = 310,982.6 hours.
\7\ A significant portion of the recordkeeping burden involves
organizing information that the funds already collect when initially
purchasing securities. In addition, when a money market fund
analyzes a security, the analysis need not be presented in any
particular format. Money market funds therefore have a choice of
methods for maintaining these records that vary in technical
sophistication and formality (e.g., handwritten notes, computer
disks, etc.). Accordingly, the cost of preparing these documents may
vary significantly among individual funds. The burden hours
associated with filing reports to the Commission as an exhibit to
Form N-SAR are included in the PRA burden estimate for that form.
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The Commission staff estimate of 310,983 burden hours is a decrease
from the previous estimate of 1,034,800 hours. The decrease is
primarily attributable to the decrease in the number of money market
funds and updated information from money market funds regarding hourly
burdens, including significant differences in burden hours reported by
the funds surveyed in this submission year than those reported by funds
in prior submission years.
These estimates of burden hours are made solely for the purposes of
the Paperwork Reduction Act. The estimates are not derived from a
comprehensive or even a representative survey or study of Commission
rules.
In addition to the burden hours, Commission staff estimates that
money market funds will incur costs to preserve records required under
rule 2a-7. These costs will vary significantly for individual funds,
depending on the amount of assets under fund management and whether the
fund preserves its records in a storage facility in hard copy or has
developed and maintains a computer system to create and preserve
compliance records.\8\ Commission staff estimates that the amount an
individual fund may spend ranges from $100 per year to $300,000. Based
on a cost of $0.0051295 per dollar of assets under management for small
funds, $0.0005041 per dollar assets under management for medium funds,
and $0.0000009 per dollar of assets under management for large
funds,\9\ the
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staff estimates compliance with rule 2a-7 costs the fund industry
approximately $72.4 million per year.\10\ Based on responses from
individuals in the money market fund industry, the staff estimates that
some of the largest fund complexes have created computer programs for
maintaining and preserving compliance records for rule 2a-7. Based on a
cost of $0.0000132 per dollar of assets under management for large
funds, the staff estimates that total annualized capital/startup costs
range from $0 for small funds to $48.8 million for all large funds.
Commission staff further estimates that, even absent the requirements
of rule 2a-7, money market funds would spend at least half of the
amount for capital costs ($24.4 million) and for record preservation
($36.2 million) to establish and maintain these records and the systems
for preserving them as a part of sound business practices to ensure
diversification and minimal credit risk in a portfolio for a fund that
seeks to maintain a stable price per share.
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\8\ The amount of assets under management in individual money
market funds ranges from approximately $300,000 to approximately
$162 billion.
\9\ For purpose of this PRA submission, Commission staff used
the following categories for fund sizes: (i) Small--money market
funds with $50 million or less in assets under management, (ii)
medium--money market funds with more than $50 million up to and
including $1 billion in assets under management; and (iii) large--
money market funds with more than $1 billion in assets under
management.
\10\ The staff estimated the annual cost of preserving the
required books and records by identifying the annual costs incurred
by several funds and then relating this total cost to the average
net assets of these funds during the year. With a total of $1
billion under management in small funds, $126.8 billion under
management in medium funds and $3.7 trillion under management in
large funds, the costs of preservation were estimated as follows:
((0.0051295 x $1 billion) + (0.0005041 x $126.8 billion) +
(0.0000009 x $3.7 trillion) = $72.38 million.
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The collections of information required by rule 2a-7 are necessary
to obtain the benefits described above. Notices to the Commission 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.
Please direct general comments regarding the above information to
the following persons: (i) Desk Officer for the Securities and Exchange
Commission, Office of Management and Budget, Room 10102, New Executive
Office Building, Washington, DC 20503 or send an e-mail to Shagufta
Ahmed at Shagufta_Ahmed@omb.eop.gov; and (ii) Charles Boucher,
Director/CIO, 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. Comments must be submitted to OMB within
30 days of this notice.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21618 Filed 9-4-09; 8:45 am]
BILLING CODE 8010-01-P