Submission for OMB Review; Comment Request, 56248-56249 [E9-26176]
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56248
Federal Register / Vol. 74, No. 209 / Friday, October 30, 2009 / Notices
such assets in special accounts with a
custodian bank.1
The rule requires a written contract
that contains certain provisions
designed to ensure important safeguards
and other benefits relating to the
custody of fund assets by FCMs. To
protect fund assets, the contract must
require that FCMs comply with the
segregation or secured amount
requirements of the Commodity
Exchange Act (‘‘CEA’’) and the rules
under that statute. The contract also
must contain a requirement that FCMs
obtain an acknowledgment from any
clearing organization that the fund’s
assets are held on behalf of the FCM’s
customers according to CEA provisions.
Finally, FCMs are required to furnish to
the Commission or its staff on request
information concerning the fund’s assets
in order to facilitate Commission
inspections.
The Commission estimates that
approximately 2270 funds effect
commodities transactions and could
deposit margin with FCMs under Rule
17f–6 in connection with those
transactions. Commission staff estimates
that each fund uses and deposits margin
with two different FCMs in connection
with its commodity transactions.2
The Commission estimates that each
of the 2270 funds spends an average of
1 hour annually complying with the
contract requirements of the rule (i.e.,
executing contracts that contain the
requisite provisions with additional
FCMs), for a total of 2270 burden hours.
The estimate does not include the time
required by an FCM to comply with the
rule’s contract requirements because, to
the extent that complying with the
contract provisions could be considered
‘‘collections of information,’’ the burden
hours for compliance are already
included in other PRA submissions or
are de minimis.3 The estimate of average
burden hours is made solely for the
sroberts on DSKD5P82C1PROD with NOTICES
1 Custody
of Investment Company Assets With
Futures Commission Merchants and Commodity
Clearing Organizations, Investment Company Act
Release No. 22389 (Dec. 11, 1996) [61 FR 66207
(Dec. 17, 1996)].
2 This estimate is based on information
conversations with representatives of the fund
industry.
3 The rule requires a contract with the FCM to
contain three provisions. Two of the provisions
require the FCM to comply with existing
requirements under the CEA and rules adopted
under that Act. Thus, to the extent these provisions
could be considered collections of information, the
hours required for compliance would be included
in the collection of information burden hours
submitted by the Commodity Futures Trading
Commission for its rules. The third contract
provision requires that the FCM produce records or
other information requested by the Commission or
its staff. Commission staff has requested this type
of information from an FCM so infrequently in the
past that the annual burden hours are de minimis.
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16:30 Oct 29, 2009
Jkt 220001
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.
Compliance with the collection of
information requirements of the rule is
necessary to obtain the benefit of relying
on the rule. If an FCM furnishes records
pertaining to a fund’s assets at the
request of the Commission or its staff,
the records will be kept confidential to
the extent permitted by relevant
statutory or regulatory provisions. The
rule does not require these records be
retained for any specific period of time.
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.
Dated: October 26, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–26177 Filed 10–29–09; 8:45 am]
BILLING CODE 8011–01–P
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:
Form 1–E, Regulation E; SEC File No. 270–
221; OMB Control No. 3235–0232.
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 (the
‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for extension of the previously
approved collection of information
discussed below.
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Frm 00077
Fmt 4703
Sfmt 4703
Form 1–E (17 CFR 239.200) under the
Securities Act of 1933 (15 U.S.C. 77a et
seq.) (‘‘Securities Act’’) is the form that
a small business investment company
(‘‘SBIC’’) or business development
company (‘‘BDC’’) uses to notify the
Commission that it is claiming an
exemption under Regulation E from
registering its securities under the
Securities Act. Rule 605 of Regulation E
(17 CFR 230.605) under the Securities
Act requires an SBIC or BDC claiming
such an exemption to file an offering
circular with the Commission that must
also be provided to persons to whom an
offer is made. Form 1–E requires an
issuer to provide the names and
addresses of the issuer, its affiliates,
directors, officers, and counsel; a
description of events which would
make the exemption unavailable; the
jurisdictions in which the issuer intends
to offer the securities; information about
unregistered securities issued or sold by
the issuer within one year before filing
the notification on Form 1–E;
information as to whether the issuer is
presently offering or contemplating
offering any other securities; and
exhibits, including copies of the rule
605 offering circular and any
underwriting contracts.
The Commission uses the information
provided in the notification on Form 1–
E and the offering circular to determine
whether an offering qualifies for the
exemption under Regulation E. It is
estimated that approximately six issuers
file eight notifications, together with
attached offering circulars, on Form 1–
E with the Commission annually. The
Commission estimates that the total
burden hours for preparing these
notifications would be 800 hours in the
aggregate. Estimates of the burden hours
are made solely for the purposes of the
PRA, and are not derived from a
comprehensive or even a representative
survey or study of the costs of SEC rules
and forms.
Compliance with the information
collection requirements of the rules is
necessary to obtain the benefit of relying
on the rules. The information provided
on Form 1–E and in the offering circular
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.
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
E:\FR\FM\30OCN1.SGM
30OCN1
Federal Register / Vol. 74, No. 209 / Friday, October 30, 2009 / Notices
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.
Dated: October 26, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–26176 Filed 10–29–09; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
sroberts on DSKD5P82C1PROD with NOTICES
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Tuesday, November 3, 2009 at 2 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), (8), 9(B) and
(10) and 17 CFR 200.402(a)(3), (5), (7),
(8), 9(ii) and (10), permit consideration
of the scheduled matters at the Closed
Meeting.
Commissioner Casey, as duty officer,
voted to consider the items listed for the
Closed Meeting in a closed session.
The subject matter of the Closed
Meeting scheduled for Tuesday,
November 3, 2009 will be:
Institution and settlement of injunctive
actions;
Institution and settlement of
administrative proceedings;
An adjudicatory matter;
Regulatory matters regarding financial
institutions; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
VerDate Nov<24>2008
16:30 Oct 29, 2009
Jkt 220001
Dated: October 27, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–26256 Filed 10–28–09; 11:15
am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Dated: October 28, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–26257 Filed 10–28–09; 4:15 pm]
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60876; File No. SR–
NYSEArca–2009–93]
Self-Regulatory Organizations; NYSE
Arca, Inc., Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Add 75 Options
Classes to the Penny Pilot Program
October 26, 2009.
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold an Open Meeting
on November 2, 2009, at 10 a.m., in
Room 10800, to hear oral argument on
an appeal by Guy P. Riordan from an
initial decision of an administrative law
judge. The law judge found that, from
around 1996 to December 2002,
Riordan, a former registered
representative associated with
Wachovia Securities, LLC, in its
Albuquerque, New Mexico, branch
office, violated the antifraud provisions
by making secret cash payments to the
New Mexico State Treasurer in
exchange for securities business from
the Treasurer’s Office. The law judge
barred Riordan from associating with
any broker or dealer; imposed a ceaseand-desist order; ordered disgorgement
of $1,017,278.78, plus prejudgment
interest; and assessed a $500,000 thirdtier civil penalty.
Among the issues likely to be argued
are whether Riordan engaged in the
conduct alleged, whether that conduct
constituted securities fraud and, if so,
the extent to which sanctions should be
imposed.
Commissioner Casey, as duty officer,
determined that no earlier notice thereof
was possible.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
BILLING CODE 8011–01–P
56249
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’),2 and Rule 19b–4 thereunder,3
notice is hereby given that, on October
21, 2009, NYSE Arca, Inc. (‘‘NYSE
Arca’’ or the ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to designate
75 options classes to be added to the
Penny Pilot Program for Options
(‘‘Penny Pilot’’ or ‘‘Pilot’’) on November
2, 2009. The text of the proposed rule
change is attached as Exhibit 5 to the
19b–4 form [sic].4 A copy of this filing
is available on the Exchange’s Web site
at [sic], at the Exchange’s principal
office and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in Sections A, B, and C below,
of the most significant parts of such
statements.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
4 The Commission notes that no rule text was
attached as an exhibit to this filing and there are
no changes to the rule text proposed by the
Exchange.
2 15
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Agencies
[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Notices]
[Pages 56248-56249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26176]
-----------------------------------------------------------------------
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:
Form 1-E, Regulation E; SEC File No. 270-221; OMB Control No.
3235-0232.
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 (the ``Commission'') has submitted to the Office of
Management and Budget a request for extension of the previously
approved collection of information discussed below.
Form 1-E (17 CFR 239.200) under the Securities Act of 1933 (15
U.S.C. 77a et seq.) (``Securities Act'') is the form that a small
business investment company (``SBIC'') or business development company
(``BDC'') uses to notify the Commission that it is claiming an
exemption under Regulation E from registering its securities under the
Securities Act. Rule 605 of Regulation E (17 CFR 230.605) under the
Securities Act requires an SBIC or BDC claiming such an exemption to
file an offering circular with the Commission that must also be
provided to persons to whom an offer is made. Form 1-E requires an
issuer to provide the names and addresses of the issuer, its
affiliates, directors, officers, and counsel; a description of events
which would make the exemption unavailable; the jurisdictions in which
the issuer intends to offer the securities; information about
unregistered securities issued or sold by the issuer within one year
before filing the notification on Form 1-E; information as to whether
the issuer is presently offering or contemplating offering any other
securities; and exhibits, including copies of the rule 605 offering
circular and any underwriting contracts.
The Commission uses the information provided in the notification on
Form 1-E and the offering circular to determine whether an offering
qualifies for the exemption under Regulation E. It is estimated that
approximately six issuers file eight notifications, together with
attached offering circulars, on Form 1-E with the Commission annually.
The Commission estimates that the total burden hours for preparing
these notifications would be 800 hours in the aggregate. Estimates of
the burden hours are made solely for the purposes of the PRA, and are
not derived from a comprehensive or even a representative survey or
study of the costs of SEC rules and forms.
Compliance with the information collection requirements of the
rules is necessary to obtain the benefit of relying on the rules. The
information provided on Form 1-E and in the offering circular 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.
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
[[Page 56249]]
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.
Dated: October 26, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-26176 Filed 10-29-09; 8:45 am]
BILLING CODE 8011-01-P