Submission for OMB Review; Comment Request, 8759-8760 [2010-3769]

Download as PDF Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices II. Notice of Filing The Commission establishes Docket No. CP2010–24 for consideration of matters related to the contract identified in the Postal Service’s Notice. Interested persons may submit comments on whether the Postal Service’s contract is consistent with the policies of 39 U.S.C. 3632, 3622 or 3642. Comments are due no later than March 1, 2010. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints Paul L. Harrington to serve as Public Representative in the captioned filings. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. CP2010–24 for consideration of matters raised by the Postal Service’s Notice. 2. Comments by interested persons in these proceedings are due no later than March 1, 2010. 3. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to serve as the officer of the Commission (Public Representative) to represent the interests of the general public in these proceedings. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Judith M. Grady, Acting Secretary. [FR Doc. 2010–3788 Filed 2–24–10; 8:45 am] BILLING CODE 7710–FW–S SECURITIES AND EXCHANGE COMMISSION [Rule 17Ad–16; SEC File No. 270–363; OMB Control No. 3235–0413] jlentini on DSKJ8SOYB1PROD with NOTICES 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. 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 approval of extension of the existing collection of information provided for Rule 17Ad–16 (17 CFR 240.17Ad–16) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (‘‘Exchange Act’’). VerDate Nov<24>2008 16:34 Feb 24, 2010 Jkt 220001 Rule 17Ad–16 requires a registered transfer agent to provide written notice to the appropriate qualified registered securities depository when assuming or terminating transfer agent services on behalf of an issuer or when changing its name or address. In addition, transfer agents that provide such notice shall maintain such notice for a period of at least two years in an easily accessible place. This rule addresses the problem of certificate transfer delays caused by transfer requests that are directed to the wrong transfer agent or the wrong address. We estimate that the transfer agent industry submits approximately 3,000 Rule 17Ad–16 notices to appropriate qualified registered securities depositories. The staff estimates that the average amount of time necessary to create and submit each notice is approximately 15 minutes per notice. Accordingly, the estimated total industry burden is 750 hours per year (15 minutes multiplied by 3,000 notices filed annually). Because the information needed by transfer agents to properly notify the appropriate registered securities depository is readily available to them and the report is simple and straightforward, the cost is relatively minimal. The average cost to prepare and send a notice is approximately $7.50 (15 minutes at $30 per hour). This yields an industry-wide cost estimate of $22,500 (3,000 notices multiplied by $7.50 per notice). Please note that 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. Comments should be directed to: 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 by sending an e-mail to: (i) Shagufta_Ahmed@comb.eop.gov; and (ii) Charles Boucher, Director/Chief Information Officer, Securities and Exchange Commission, c/o Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send an e-mail to PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30 days of this notice. Dated: January 25, 2010. Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–3753 Filed 2–24–10; 8:45 am] BILLING CODE 8011–01–P PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 8759 SECURITIES AND EXCHANGE COMMISSION [Rule 17a–5; SEC File No. 270–155; OMB Control No. 3235–0123] Submission for OMB Review; Comment Request Upon Written Request, Copies Available From: U.S. Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. 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. 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. Rule 17a–5 (17 CFR 240.17a–5) is the basic financial reporting rule for brokers and dealers.1 The Rule requires the filing of Form X–17A–5 (17 CFR 249.617), the Financial and Operational Combined Uniform Single Report (‘‘FOCUS Report’’), which was the result of years of study and comments by representatives of the securities industry through advisory committees and through the normal rule proposal methods. The FOCUS Report was designed to eliminate the overlapping regulatory reports required by various self-regulatory organizations and the Commission and to reduce reporting burdens as much as possible. The Rule also requires the filing of an annual audited report of financial statements. The FOCUS Report consists of: (1) Part I, which is a monthly report that must be filed by brokers or dealers that clear transactions or carry customer securities; (2) one of three alternative quarterly reports: Part II, which must be filed by brokers or dealers that clear transactions or carry customer securities; Part IIA, which must be filed by brokers or dealers that do not clear transactions or carry customer securities; and Part IIB, which must be filed by specialized broker-dealers registered with the Commission as OTC derivatives dealers; 2 (3) supplemental 1 Rule 17a–5(c) requires a broker or dealer to furnish certain of its financial information to customers and is subject to a separate PRA filing (OMB Control Number 3235–0199). 2 Part IIB of Form X–17A–5 must be filed by OTC derivatives dealers under Exchange Act Rule 17a– 12 and is subject to a separate PRA filing (OMB Control Number 3235–0498). E:\FR\FM\25FEN1.SGM 25FEN1 jlentini on DSKJ8SOYB1PROD with NOTICES 8760 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices schedules, which must be filed annually; and (4) a facing page, which must be filed with the annual audited report of financial statements. Under the Rule, a broker or dealer that computes certain of its capital charges in accordance with Appendix E to Exchange Act Rule 15c3–1 (17 CFR 240.15c3–1) must file additional monthly, quarterly, and annual reports with the Commission. The variation in the size and complexity of brokers and dealers subject to Rule 17a–5 and the differences in the FOCUS Report forms that must be filed under the Rule make it difficult to calculate the cost of compliance. However, we estimate that, on average, each report will require approximately 12 hours. At year-end 2008, the Commission estimates that there were approximately 5,190 brokers or dealers, and that of those firms there were approximately 530 brokers or dealers that clear transactions or carry customer securities. In addition, approximately 220 firms filed annual reports. The Commission therefore estimates that approximately 530 firms filed monthly reports, approximately 4,400 firms filed quarterly reports, and approximately 220 firms filed annual reports. In addition, approximately 5,190 firms filed annual audited reports. As a result, there were approximately 29,530 total annual responses ((530 × 12) + (4,400 × 4) + 220 + 5,190 = 29,370). This results in an estimated annual burden of 354,360 hours (29,530 annual responses × 12 hours = 354,360). In addition, we estimate that approximately 11 brokers or dealers will elect to use Appendix E to Rule 15c3– 1 to compute certain of their capital charges (as of October 2009, seven brokers or dealers have elected to use Appendix E). We estimate that the average amount of time necessary to prepare and file the additional monthly reports that must be filed by these firms is about 4 hours per month, or approximately 48 hours per year; the average amount of time necessary to prepare and file the additional quarterly reports is about 8 hours per quarter, or approximately 32 hours per year; and the average amount of time necessary to prepare and file the additional supplemental reports with the annual audit required is approximately 40 hours per year. Consequently, we estimate that the total additional annual burden for these 11 brokers or dealers is approximately 1,320 hours ((48 + 32 + 40) × 11 = 1,320). The Commission therefore estimates that the total annual burden under Rule 17a–5 is approximately 353,800 hours VerDate Nov<24>2008 16:34 Feb 24, 2010 Jkt 220001 (352,440 + 1,320 = 353,760, rounded to 353,800). Comments should be directed to: (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 by sending an e-mail to: (i) Shagufta_Ahmed@comb.eop.gov; and (ii) Charles Boucher, Director/Chief Information Officer, Securities and Exchange Commission, c/o Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send an email to PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30 days of this notice. Dated: February 17, 2010. Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–3769 Filed 2–24–10; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request prepare and is filed by approximately 6 respondents annually for a total reporting burden of 12 hours. 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: Shagufta_Ahmed@omb.eop.gov.; and (ii) Charles Boucher, Director/CIO, Securities and Exchange Commission, c/o Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312; or send an e-mail to: PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30 days of this notice. Dated: February 18, 2010. Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–3770 Filed 2–24–10; 8:45 am] Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. BILLING CODE 8011–01–P Extension: Schedule 14D–9F; OMB Control No. 3235– 0382; SEC File No. 270–339. [Release No. 34–61534] 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 this request for extension of the previously approved collection of information discussed below. Schedule 14D–9F is used (17 CFR 240.14d–103) by any foreign private issuer incorporated or organized under the laws of Canada or any Canadian province or territory or by any director or officer of such issuer, where the issuer is the subject of a cash tender or exchange offer for a class of securities filed on Schedule 14D–1F. The information required to be filed with the Commission is intended to permit verification of compliance with the securities law requirements and assures the public availability of such information. The information provided is mandatory and all information is made available to the public upon request. Schedule 14D–9F takes approximately 2 hours per response to PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 SECURITIES AND EXCHANGE COMMISSION Order Granting Application for Exemption Pursuant to Section 36(a) of the Exchange Act by BATS Exchange, Inc. From the Rule Filing Requirements of Section 19(b) of the Exchange Act With Respect to Certain Rules Incorporated by Reference February 18, 2010. BATS Exchange, Inc. (‘‘BATS Exchange’’) has filed with the Securities and Exchange Commission (‘‘Commission’’) an application for an exemption under Section 36(a)(1) of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) 1 from the rule filing requirements of Section 19(b) of the Exchange Act 2 with respect to certain rules of another self-regulatory organization (‘‘SRO’’) that BATS Exchange seeks to incorporate by reference. Section 36 of the Exchange Act authorizes the Commission to conditionally or unconditionally exempt any person, security, or transaction, or any class thereof, from any provision of the Exchange Act or 1 15 2 15 E:\FR\FM\25FEN1.SGM U.S.C. 78mm(a)(1). U.S.C. 78s(b). 25FEN1

Agencies

[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Notices]
[Pages 8759-8760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3769]


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

SECURITIES AND EXCHANGE COMMISSION

[Rule 17a-5; SEC File No. 270-155; OMB Control No. 3235-0123]


Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and 
Exchange Commission, Office of Investor Education and Advocacy, 
Washington, DC 20549-0213.

    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. 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.
    Rule 17a-5 (17 CFR 240.17a-5) is the basic financial reporting rule 
for brokers and dealers.\1\ The Rule requires the filing of Form X-17A-
5 (17 CFR 249.617), the Financial and Operational Combined Uniform 
Single Report (``FOCUS Report''), which was the result of years of 
study and comments by representatives of the securities industry 
through advisory committees and through the normal rule proposal 
methods. The FOCUS Report was designed to eliminate the overlapping 
regulatory reports required by various self-regulatory organizations 
and the Commission and to reduce reporting burdens as much as possible. 
The Rule also requires the filing of an annual audited report of 
financial statements.
---------------------------------------------------------------------------

    \1\ Rule 17a-5(c) requires a broker or dealer to furnish certain 
of its financial information to customers and is subject to a 
separate PRA filing (OMB Control Number 3235-0199).
---------------------------------------------------------------------------

    The FOCUS Report consists of: (1) Part I, which is a monthly report 
that must be filed by brokers or dealers that clear transactions or 
carry customer securities; (2) one of three alternative quarterly 
reports: Part II, which must be filed by brokers or dealers that clear 
transactions or carry customer securities; Part IIA, which must be 
filed by brokers or dealers that do not clear transactions or carry 
customer securities; and Part IIB, which must be filed by specialized 
broker-dealers registered with the Commission as OTC derivatives 
dealers; \2\ (3) supplemental

[[Page 8760]]

schedules, which must be filed annually; and (4) a facing page, which 
must be filed with the annual audited report of financial statements. 
Under the Rule, a broker or dealer that computes certain of its capital 
charges in accordance with Appendix E to Exchange Act Rule 15c3-1 (17 
CFR 240.15c3-1) must file additional monthly, quarterly, and annual 
reports with the Commission.
---------------------------------------------------------------------------

    \2\ Part IIB of Form X-17A-5 must be filed by OTC derivatives 
dealers under Exchange Act Rule 17a-12 and is subject to a separate 
PRA filing (OMB Control Number 3235-0498).
---------------------------------------------------------------------------

    The variation in the size and complexity of brokers and dealers 
subject to Rule 17a-5 and the differences in the FOCUS Report forms 
that must be filed under the Rule make it difficult to calculate the 
cost of compliance. However, we estimate that, on average, each report 
will require approximately 12 hours. At year-end 2008, the Commission 
estimates that there were approximately 5,190 brokers or dealers, and 
that of those firms there were approximately 530 brokers or dealers 
that clear transactions or carry customer securities. In addition, 
approximately 220 firms filed annual reports. The Commission therefore 
estimates that approximately 530 firms filed monthly reports, 
approximately 4,400 firms filed quarterly reports, and approximately 
220 firms filed annual reports. In addition, approximately 5,190 firms 
filed annual audited reports. As a result, there were approximately 
29,530 total annual responses ((530 x 12) + (4,400 x 4) + 220 + 5,190 = 
29,370). This results in an estimated annual burden of 354,360 hours 
(29,530 annual responses x 12 hours = 354,360).
    In addition, we estimate that approximately 11 brokers or dealers 
will elect to use Appendix E to Rule 15c3-1 to compute certain of their 
capital charges (as of October 2009, seven brokers or dealers have 
elected to use Appendix E). We estimate that the average amount of time 
necessary to prepare and file the additional monthly reports that must 
be filed by these firms is about 4 hours per month, or approximately 48 
hours per year; the average amount of time necessary to prepare and 
file the additional quarterly reports is about 8 hours per quarter, or 
approximately 32 hours per year; and the average amount of time 
necessary to prepare and file the additional supplemental reports with 
the annual audit required is approximately 40 hours per year. 
Consequently, we estimate that the total additional annual burden for 
these 11 brokers or dealers is approximately 1,320 hours ((48 + 32 + 
40) x 11 = 1,320).
    The Commission therefore estimates that the total annual burden 
under Rule 17a-5 is approximately 353,800 hours (352,440 + 1,320 = 
353,760, rounded to 353,800).
    Comments should be directed to: (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 by sending an e-mail to: (i) 
Shagufta_Ahmed@comb.eop.gov; and (ii) Charles Boucher, Director/Chief 
Information Officer, Securities and Exchange Commission, c/o Shirley 
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send 
an e-mail to PRA_Mailbox@sec.gov. Comments must be submitted to OMB 
within 30 days of this notice.

    Dated: February 17, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-3769 Filed 2-24-10; 8:45 am]
BILLING CODE 8011-01-P
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