Proposed Collection; Comment Request, 81683-81684 [2010-32519]
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices
emcdonald on DSK2BSOYB1PROD with NOTICES
Effective October 27, 2006, the
Military Personnel Financial Services
Protection Act banned the issuance or
sale of new periodic payment plans.
Accordingly, the staff estimates that
there is no longer any information
collection burden associated with rule
27d–2. For administrative purposes,
however, we are requesting approval for
an information collection burden of one
hour per year. This estimate of burden
hours is not derived from a
comprehensive or even a representative
survey or study of the costs of
Commission rules and forms.
Complying with the collection of
information requirements of rule 27d–2
is mandatory for depositors or principal
underwriters of issuers of periodic
payment plans who rely on the rule for
an exemption from complying with rule
27d–1 and filing Form N–27D–1. The
information provided pursuant to rule
27d–2 is public and, therefore, 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.
Written comments are invited on: (a)
Whether the collection of information is
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 collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication.
Please direct your written comments
to Thomas Bayer, Chief Information
Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon,
6432 General Green Way, Alexandria,
VA 22312; or send an e-mail to:
PRA_Mailbox@sec.gov.
December 20, 2010
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–32520 Filed 12–27–10; 8:45 am]
BILLING CODE 8011–01–P
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SECURITIES AND EXCHANGE
COMMISSION
[Rule 425; OMB Control No. 3235–0521;
SEC File No. 270–462]
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 425, OMB Control No. 3235–
0521, SEC File No. 270–462.
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 the
request for extension of the previously
approved collection of information
discussed below.
Rule 425 (17 CFR 230.425) under the
Securities Act of 1933 (15 U.S.C. 77a et
seq.) requires the filing of certain
prospectuses and communications
under Rule 135 (17 CFR 230.135) and
Rule 165 (17 CFR 230.165) in
connection with business combination
transactions. The purpose of the rule is
to permit more oral and written
communications with shareholders
about tender offers, mergers and other
business combination transactions on a
more timely basis, so long as the written
communications are filed on the date of
first use. The information provided
under Rule 425 is made available to the
public upon request. Also, the
information provided under Rule 425 is
mandatory. Approximately 1,680 issuers
file communications under Rule 425 at
an estimated 0.25 hours per response for
a total of 420 annual burden 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.
The public may view the background
documentation for this information
collection at the following Web site,
https://www.reginfo.gov. Written
comments regarding the above
information should be directed to the
following persons: (i) Desk Officer for
the Securities and Exchange
Commission, Office of Information and
Regulatory Affairs, Office of
Management and Budget, Room 10102,
New Executive Office Building,
Washington, DC 20503 or send an email to: Shagufta_Ahmed@omb.eop.gov;
and (ii) Thomas Bayer, Chief
Information Officer, Securities and
Exchange Commission, c/o Remi Pavlik-
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
81683
Simon, 6432 General Green Way,
Alexandria, Virginia 22312; or send email to: PRA_Mailbox@sec.gov.
Comments must be submitted to OMB
within 30 days of this notice.
Dated: December 20, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–32553 Filed 12–27–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension: Rule 12d3–1, SEC File No. 270–
504, OMB Control No. 3235–0561.
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’’) is soliciting comments
on the collections of information
summarized below. The Commission
plans to submit these existing
collections of information to the Office
of Management and Budget (‘‘OMB’’) for
extension and approval.
Section 12(d)(3) of the Investment
Company Act of 1940 (15 U.S.C. 80a)
generally prohibits registered
investment companies (‘‘funds’’), and
companies controlled by funds, from
purchasing securities issued by a
registered investment adviser, broker,
dealer, or underwriter (‘‘securitiesrelated businesses’’). Rule 12d3–1
(‘‘Exemption of acquisitions of securities
issued by persons engaged in securities
related businesses’’ (17 CFR 270.12d3–
1)) permits a fund to invest up to five
percent of its assets in securities of an
issuer deriving more than fifteen
percent of its gross revenues from
securities-related businesses, but a fund
may not rely on rule 12d3–1 to acquire
securities of its own investment adviser
or any affiliated person of its own
investment adviser.
A fund may, however, rely on an
exemption in rule 12d3–1 to acquire
securities issued by its subadvisers in
circumstances in which the subadviser
would have little ability to take
advantage of the fund, because it is not
in a position to direct the fund’s
securities purchases. The exemption in
rule 12d3–1(c)(3) is available if (i) the
subadviser is not, and is not an affiliated
person of, an investment adviser that
E:\FR\FM\28DEN1.SGM
28DEN1
emcdonald on DSK2BSOYB1PROD with NOTICES
81684
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices
provides advice with respect to the
portion of the fund that is acquiring the
securities, and (ii) the advisory contracts
of the subadviser, and any subadviser
that is advising the purchasing portion
of the fund, prohibit them from
consulting with each other concerning
securities transactions of the fund, and
limit their responsibility in providing
advice to providing advice with respect
to discrete portions of the fund’s
portfolio.
Based on an analysis of fund filings,
the staff estimates that approximately
252 fund portfolios enter into
subadvisory agreements each year.1
Based on discussions with industry
representatives, the staff estimates that
it will require approximately 3 attorney
hours to draft and execute additional
clauses in new subadvisory contracts in
order for funds and subadvisers to be
able to rely on the exemptions in rule
12d3–1. Because these additional
clauses are identical to the clauses that
a fund would need to insert in their
subadvisory contracts to rely on rules
10f–3, 17a–10, and 17e–1 and because
we believe that funds that use one such
rule generally use all of these rules, we
apportion this 3 hour time burden
equally to all four rules. Therefore, we
estimate that the burden allocated to
rule 12d3–1 for this contract change
would be 0.75 hours.2 Assuming that all
252 funds that enter into new
subadvisory contracts each year make
the modification to their contract
required by the rule, we estimate that
the rule’s contract modification
requirement will result in 189 burden
hours annually.3
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 are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
1 Based on information in Commission filings, we
estimate that 42.5 percent of funds are advised by
subadvisers.
2 This estimate is based on the following
calculation (3 hours ÷ 4 rules = .75 hours).
3 This estimate is based on the following
calculation: (0.75 hours × 252 portfolios = 189
burden hours.
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22:37 Dec 27, 2010
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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 Thomas Bayer, Chief Information
Officer, Securities and Exchange
Commission, c/o Remi-Pavlik Simon,
6432 General Green Way, Alexandria,
VA 22312; or send an e-mail to:
PRA_Mailbox@sec.gov.
Dated: December 20, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–32519 Filed 12–27–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Securities Act of 1933, Release No. 33–
9168/December 22, 2010; Securities
Exchange Act of 1934; Release No. 34–
63596/December 22, 2010]
Order Approving Public Company
Accounting Oversight Board Budget
and Annual Accounting Support Fee
for Calendar Year 2011
The Sarbanes-Oxley Act of 2002, as
amended (the ‘‘Sarbanes-Oxley Act’’),
established the Public Company
Accounting Oversight Board (‘‘PCAOB’’)
to oversee the audits of companies that
are subject to the securities laws, and
related matters, in order to protect the
interests of investors and further the
public interest in the preparation of
informative, accurate and independent
audit reports. The PCAOB is to
accomplish these goals through
registration of public accounting firms
and standard setting, inspection, and
disciplinary programs. The PCAOB is
subject to the comprehensive oversight
of the Securities and Exchange
Commission (the ‘‘Commission’’).
Section 109 of the Sarbanes-Oxley Act
provides that the PCAOB shall establish
a reasonable annual accounting support
fee, as may be necessary or appropriate
to establish and maintain the PCAOB.
Under Section 109(f) of the SarbanesOxley Act, the aggregate annual
accounting support fee shall not exceed
the PCAOB’s aggregate ‘‘recoverable
budget expenses,’’ which may include
operating, capital and accrued items.
The Commission must approve the
PCAOB’s annual budget and accounting
support fee.
Section 982 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (the ‘‘Dodd-Frank Act’’) 1 amended
the Sarbanes-Oxley Act to provide the
1 Public
PO 00000
Law 111–203, 124 Stat. 1376 (2010).
Frm 00125
Fmt 4703
Sfmt 4703
PCAOB with explicit authority to
oversee auditors of broker-dealers
registered with the Commission. In
addition, the PCAOB must allocate the
annual accounting support fee among
issuers and among brokers and dealers,
beginning in 2011. The 2011 budget
approved and submitted by the Board
includes an allocation of the annual
accounting support fee among issuers
and brokers and dealers.
Section 109(b) of the Sarbanes-Oxley
Act directs the PCAOB to establish a
budget for each fiscal year in accordance
with the PCAOB’s internal procedures,
subject to approval by the Commission.
The Commission’s Rules of Practice
related to its Informal and Other
Procedures include a rule that facilitates
the Commission’s review and approval
of PCAOB budgets and the annual
accounting support fee.2 This budget
rule provides, among other things, a
timetable for the preparation and
submission of the PCAOB budget and
for Commission actions related to each
budget, a description of the information
that should be included in each budget
submission, limits on the PCAOB’s
ability to incur expenses and obligations
except as provided in the approved
budget, procedures relating to
supplemental budget requests,
requirements for the PCAOB to furnish
on a quarterly basis certain budgetrelated information, and a list of
definitions that apply to the rule and to
general discussions of PCAOB budget
matters.
In accordance with the budget rule, in
March 2010 the PCAOB provided the
Commission with a narrative
description of its program issues and
outlook for the 2011 budget year. In
response, the Commission provided the
PCAOB with economic assumptions and
budgetary guidance for the 2011 budget
year. The PCAOB subsequently
delivered a preliminary budget and
budget justification to the Commission.
Staff from the Commission’s Offices of
the Chief Accountant and Executive
Director dedicated a substantial amount
of time to the review and analysis of the
PCAOB’s programs, projects and budget
estimates; reviewed the PCAOB’s
estimates of 2010 actual spending; and
attended several meetings with
management and staff of the PCAOB to
further develop an understanding of the
PCAOB’s budget and operations. During
the course of this review, Commission
staff relied upon representations and
supporting documentation from the
PCAOB. Based on this review, the
Commission issued a ‘‘pass back’’ letter
2 17 CFR 202.190. See Release No. 33–8724 (July
18, 2006) [71 FR 41998 (July 24, 2006)].
E:\FR\FM\28DEN1.SGM
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Agencies
[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Pages 81683-81684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32519]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Proposed Collection; Comment Request
Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.
Extension: Rule 12d3-1, SEC File No. 270-504, OMB Control No. 3235-
0561.
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'') is soliciting comments on the
collections of information summarized below. The Commission plans to
submit these existing collections of information to the Office of
Management and Budget (``OMB'') for extension and approval.
Section 12(d)(3) of the Investment Company Act of 1940 (15 U.S.C.
80a) generally prohibits registered investment companies (``funds''),
and companies controlled by funds, from purchasing securities issued by
a registered investment adviser, broker, dealer, or underwriter
(``securities-related businesses''). Rule 12d3-1 (``Exemption of
acquisitions of securities issued by persons engaged in securities
related businesses'' (17 CFR 270.12d3-1)) permits a fund to invest up
to five percent of its assets in securities of an issuer deriving more
than fifteen percent of its gross revenues from securities-related
businesses, but a fund may not rely on rule 12d3-1 to acquire
securities of its own investment adviser or any affiliated person of
its own investment adviser.
A fund may, however, rely on an exemption in rule 12d3-1 to acquire
securities issued by its subadvisers in circumstances in which the
subadviser would have little ability to take advantage of the fund,
because it is not in a position to direct the fund's securities
purchases. The exemption in rule 12d3-1(c)(3) is available if (i) the
subadviser is not, and is not an affiliated person of, an investment
adviser that
[[Page 81684]]
provides advice with respect to the portion of the fund that is
acquiring the securities, and (ii) the advisory contracts of the
subadviser, and any subadviser that is advising the purchasing portion
of the fund, prohibit them from consulting with each other concerning
securities transactions of the fund, and limit their responsibility in
providing advice to providing advice with respect to discrete portions
of the fund's portfolio.
Based on an analysis of fund filings, the staff estimates that
approximately 252 fund portfolios enter into subadvisory agreements
each year.\1\ Based on discussions with industry representatives, the
staff estimates that it will require approximately 3 attorney hours to
draft and execute additional clauses in new subadvisory contracts in
order for funds and subadvisers to be able to rely on the exemptions in
rule 12d3-1. Because these additional clauses are identical to the
clauses that a fund would need to insert in their subadvisory contracts
to rely on rules 10f-3, 17a-10, and 17e-1 and because we believe that
funds that use one such rule generally use all of these rules, we
apportion this 3 hour time burden equally to all four rules. Therefore,
we estimate that the burden allocated to rule 12d3-1 for this contract
change would be 0.75 hours.\2\ Assuming that all 252 funds that enter
into new subadvisory contracts each year make the modification to their
contract required by the rule, we estimate that the rule's contract
modification requirement will result in 189 burden hours annually.\3\
---------------------------------------------------------------------------
\1\ Based on information in Commission filings, we estimate that
42.5 percent of funds are advised by subadvisers.
\2\ This estimate is based on the following calculation (3 hours
/ 4 rules = .75 hours).
\3\ This estimate is based on the following calculation: (0.75
hours x 252 portfolios = 189 burden 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 are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
Please direct your written comments to Thomas Bayer, Chief
Information Officer, Securities and Exchange Commission, c/o Remi-
Pavlik Simon, 6432 General Green Way, Alexandria, VA 22312; or send an
e-mail to: PRA_Mailbox@sec.gov.
Dated: December 20, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-32519 Filed 12-27-10; 8:45 am]
BILLING CODE 8011-01-P