Proposed Collection; Comment Request, 34780-34781 [2011-14669]

Download as PDF 34780 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices This meeting will be webcast live at the Web address—https://www.nrc.gov * * * * * *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415–1292. Contact person for more information: Rochelle Bavol, (301) 415–1651. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: https://www.nrc.gov/public-involve/ public-meetings/schedule.html. * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify Bill Dosch, Chief, Work Life and Benefits Branch, at 301–415–6200, TDD: 301– 415–2100, or by e-mail at william.dosch@nrc.gov. Determinations on requests for reasonable accommodation will be made on a caseby-case basis. * * * * * This notice is distributed electronically to subscribers. If you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301–415–1969), or send an e-mail to darlene.wright@nrc.gov. Dated: June 9, 2011. Richard J. Laufer, Technical Coordinator, Office of the Secretary. [FR Doc. 2011–14800 Filed 6–10–11; 11:15 am] BILLING CODE 7590–01–P OVERSEAS PRIVATE INVESTMENT CORPORATION srobinson on DSK4SPTVN1PROD with NOTICES Sunshine Act Meeting Cancellation Notice; June 16, 2011 Public Hearing OPIC’s Sunshine Act notice of its Public Hearing in Conjunction with each Board meeting was published in the Federal Register (Volume 76, Number 104, Pages 31382 and 31383) on May 31, 2011. No requests were received to provide testimony or submit written statements for the record; therefore, OPIC’s public hearing scheduled for 2 p.m., June 16, 2011 in conjunction with OPIC’s June 23, 2011 Board of Directors meeting has been cancelled. VerDate Mar<15>2010 16:27 Jun 13, 2011 Jkt 223001 CONTACT PERSON FOR INFORMATION: Information on the hearing cancellation may be obtained from Connie M. Downs at (202) 336–8438, or via e-mail at Connie.Downs@opic.gov. Dated: June 10, 2011. Connie M. Downs, OPIC Corporate Secretary. [FR Doc. 2011–14808 Filed 6–10–11; 4:15 pm] BILLING CODE 3210–01–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 17a–10; SEC File No. 270–154; OMB Control No. 3235–0122. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the existing collection of information provided for in Rule 17a–10, Report on revenue and expenses (17 CFR 240.17a– 10), under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (‘‘Exchange Act’’). The Commission plans to submit this existing collection of information to the Office of Management and Budget (‘‘OMB’’) for extension and approval. Paragraph (a)(1) of Rule 17a–10 generally requires broker-dealers that are exempted from the requirement to file monthly and quarterly reports pursuant to paragraph (a) of Exchange Act Rule 17a–5 (17 CFR 240.17a–5) to file with the Commission the Facing Page, a Statement of Income (Loss), and balance sheet from Part IIA of Form X– 17A–5 1 (17 CFR 249.617), and Schedule I of Form X–17A–5 not later than 17 business days after the end of each calendar year. Paragraph (a)(2) of Rule 17a–10 requires a broker-dealer subject to Rule 17a–5(a) to submit Schedule I of Form X–17A–5 with its Form X–17A–5 for the calendar quarter ending December 31 of each year. The burden associated with filing Schedule I of Form X–17A–5 is accounted for in the PRA filing associated with Rule 17a–5. 1 Form X–17A–5 is the Financial and Operational Combined Uniform Single Report (‘‘FOCUS Report’’), which is used by broker-dealers to provide certain required information to the Commission. PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 Paragraph (b) of Rule 17a–10 provides that the provisions of paragraph (a) do not apply to members of national securities exchanges or registered national securities associations that maintain records containing the information required by Form X–17A–5 and which transmit to the Commission copies of the records pursuant to a plan which has been declared effective by the Commission. The primary purpose of Rule 17a–10 is to obtain the economic and statistical data necessary for an ongoing analysis of the securities industry. As originally adopted in 1968, Rule 17a–10 required broker-dealers to provide their revenue and expense data on a special form. The Rule was amended in 1977 to eliminate the form. The data previously reported on the form is now reported using Form X–17A–5 and its supplementary schedules. The Commission estimates that approximately 168 broker-dealers will spend an average of approximately 12 hours per year complying with Rule 17a–10. Thus, the total compliance burden is estimated to be approximately 2,016 hours per year. Written comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s estimates of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information on respondents; 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. The Commission may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. Please direct your written comments to Thomas Bayer, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi PavlikSimon, 6432 General Green Way, Alexandria, VA 22312 or send an e-mail to: PRA_Mailbox@sec.gov. E:\FR\FM\14JNN1.SGM 14JNN1 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices June 8, 2011. Cathy H. Ahn, Deputy Secretary. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 26, 2011, The NASDAQ Stock Market LLC (‘‘Nasdaq’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by Nasdaq. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. [FR Doc. 2011–14669 Filed 6–13–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION 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 (‘‘SEC’’) and the Commodity Futures Trading Commission (‘‘CFTC’’) will hold public roundtable discussions on Thursday, June 16, 2011 at the CFTC’s headquarters at Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. The meeting will begin at 9 a.m. and will be open to the public, with seating on a first-come, first-served basis. Visitors will be subject to security checks. This Sunshine Act notice is being issued because a majority of the Commission may attend the meeting. The agenda for the meeting includes panel discussions concerning the definitions of ‘‘swap dealer,’’ ‘‘securitybased swap dealer,’’ ‘‘major swap participant,’’ and ‘‘major security-based swap participant’’ in the context of certain authority that Section 712(d)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act granted the Agencies. For further information, please contact the CFTC’s Office of Public Affairs at (202) 418–5080 or the SEC’s Office of Public Affairs at (202) 551– 4120. Dated: June 9, 2011. Elizabeth M. Murphy, Secretary. [FR Doc. 2011–14783 Filed 6–10–11; 11:15 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change Nasdaq proposes to adopt additional listing requirements for a company that has become public through a combination with a public shell, whether through a reverse merger, exchange offer, or otherwise (a ‘‘Reverse Merger’’).3 Nasdaq will implement the proposed rule for applications received after approval. The text of the proposed rule change is below. Proposed new language is in italics; proposed deletions are in [brackets].4 5005. Definitions (a) The following is a list of definitions used throughout the Nasdaq Listing Rules. This section also lists various terms together with references to other rules where they are specifically defined. Unless otherwise specified by the Rules, these terms shall have the meanings set forth below. Defined terms are capitalized throughout the Listing Rules. (1)—(34) No change. (35) ‘‘Reverse Merger’’ means any transaction whereby an operating company becomes public by combining with a public shell, whether through a reverse merger, exchange offer, or otherwise. However, a Reverse Merger does not include the acquisition of an operating company by a listed company satisfying the requirements of IM–5101–2 or a business combination described in Rule 5110(a). In determining whether a Company is a shell, Nasdaq will look to a number of factors, including but not limited to: whether the Company is considered a ‘‘shell company’’ as defined in Rule 12b–2 under the Act; what percentage of the Company’s assets are active versus passive; whether the Company generates revenues, and if so, whether the revenues are passively or actively generated; whether the 1 15 srobinson on DSK4SPTVN1PROD with NOTICES [Release No. 34–64633; File No. SR– NASDAQ–2011–073] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change To Adopt Additional Listing Requirements for Reverse Mergers June 8, 2011. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 VerDate Mar<15>2010 16:27 Jun 13, 2011 Jkt 223001 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 This proposed rule change replaces a previous filing by Nasdaq in order to eliminate the previously proposed exception for a Reverse Merger that was also conducting a firm commitment, underwritten public offering and to clarify other portions of the original proposal. See Securities Exchange Act Release No. 64371 (April 29, 2011), 76 FR 25730 (May 5, 2011) (SR–NASDAQ–2011– 056). The Commission notes that SR–NASDAQ– 2011–056 was withdrawn on May 26, 2011. 4 Changes are marked to the rule text that appears in the electronic manual of Nasdaq found at https://nasdaqomx.cchwallstreet.com. 2 17 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 34781 Company’s expenses are reasonably related to the revenues being generated; how many employees support the Company’s revenuegenerating business operations; how long the Company has been without material business operations; and whether the Company has publicly announced a plan to begin operating activities or generate revenues, including through a near-term acquisition or transaction. (36) ’’Round Lot’’ or ‘‘Normal Unit of Trading’’ means 100 shares of a security unless, with respect to a particular security, Nasdaq determines that a normal unit of trading shall constitute other than 100 shares. If a normal unit of trading is other than 100 shares, a special identifier shall be appended to the Company’s Nasdaq symbol. [(36)] (37) ‘‘Round Lot Holder’’ means a holder of a Normal Unit of Trading. The number of beneficial holders will be considered in addition to holders of record. [(37)] (38) ‘‘Shareholder’’ means a record or beneficial owner of a security listed or applying to list. For purposes of the Rule 5000 Series, the term ‘‘Shareholder’’ includes, for example, a limited partner, the owner of a depository receipt, or unit. [(38)] (39) ‘‘Substantial Shareholder’’ is defined in Rule 5635(e)(3). [(39)] (40) ‘‘Substitution Listing Event’’ means: a reverse stock split, re-incorporation or a change in the Company’s place of organization, the formation of a holding company that replaces a listed Company, reclassification or exchange of a Company’s listed shares for another security, the listing of a new class of securities in substitution for a previously-listed class of securities, or any technical change whereby the Shareholders of the original Company receive a share-forshare interest in the new Company without any change in their equity position or rights. [(40)] (41) ‘‘Total Holders’’ means holders of a security that includes both beneficial holders and holders of record. 5110. Change of Control, Bankruptcy and Liquidation, and Reverse Mergers (a)–(b) No change (c) Reverse Mergers A Company that is formed by a Reverse Merger shall be eligible to submit an application for initial listing only if the combined entity has, immediately preceding the filing of the initial listing application: (i) traded for at least six months in the U.S. over-the-counter market, on another national securities exchange, or on a foreign exchange, following the filing with the Commission or Other Regulatory Authority of all required information about the transaction, including audited financial statements for the combined entity; and (ii) maintained a Bid Price of $4 per share or higher on at least 30 of the most recent 60 trading days. In addition, such a Company may only be approved for listing if, at the time of approval, it has timely filed: (i) in the case of a domestic issuer, its most recent two required periodic financial reports with the Commission or Other Regulatory Authority (Forms 10–Q or 10–K) containing at least six months of information about the combined entity; or (ii) in the case of a Foreign Private E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Pages 34780-34781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14669]


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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 17a-10; SEC File No. 270-154; OMB Control No. 3235-0122.

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange 
Commission (``Commission'') is soliciting comments on the existing 
collection of information provided for in Rule 17a-10, Report on 
revenue and expenses (17 CFR 240.17a-10), under the Securities Exchange 
Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange Act''). The Commission 
plans to submit this existing collection of information to the Office 
of Management and Budget (``OMB'') for extension and approval.
    Paragraph (a)(1) of Rule 17a-10 generally requires broker-dealers 
that are exempted from the requirement to file monthly and quarterly 
reports pursuant to paragraph (a) of Exchange Act Rule 17a-5 (17 CFR 
240.17a-5) to file with the Commission the Facing Page, a Statement of 
Income (Loss), and balance sheet from Part IIA of Form X-17A-5 \1\ (17 
CFR 249.617), and Schedule I of Form X-17A-5 not later than 17 business 
days after the end of each calendar year.
---------------------------------------------------------------------------

    \1\ Form X-17A-5 is the Financial and Operational Combined 
Uniform Single Report (``FOCUS Report''), which is used by broker-
dealers to provide certain required information to the Commission.
---------------------------------------------------------------------------

    Paragraph (a)(2) of Rule 17a-10 requires a broker-dealer subject to 
Rule 17a-5(a) to submit Schedule I of Form X-17A-5 with its Form X-17A-
5 for the calendar quarter ending December 31 of each year. The burden 
associated with filing Schedule I of Form X-17A-5 is accounted for in 
the PRA filing associated with Rule 17a-5.
    Paragraph (b) of Rule 17a-10 provides that the provisions of 
paragraph (a) do not apply to members of national securities exchanges 
or registered national securities associations that maintain records 
containing the information required by Form X-17A-5 and which transmit 
to the Commission copies of the records pursuant to a plan which has 
been declared effective by the Commission.
    The primary purpose of Rule 17a-10 is to obtain the economic and 
statistical data necessary for an ongoing analysis of the securities 
industry. As originally adopted in 1968, Rule 17a-10 required broker-
dealers to provide their revenue and expense data on a special form. 
The Rule was amended in 1977 to eliminate the form. The data previously 
reported on the form is now reported using Form X-17A-5 and its 
supplementary schedules.
    The Commission estimates that approximately 168 broker-dealers will 
spend an average of approximately 12 hours per year complying with Rule 
17a-10. Thus, the total compliance burden is estimated to be 
approximately 2,016 hours per year.
    Written comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
estimates of the burden of the proposed collection of information; (c) 
ways to enhance the quality, utility, and clarity of the information on 
respondents; 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.
    The Commission may not conduct or sponsor a collection of 
information unless it displays a currently valid OMB control number. No 
person shall be subject to any penalty for failing to comply with a 
collection of information subject to the PRA that does not display a 
valid OMB control number.
    Please direct your written comments to Thomas Bayer, Director/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.


[[Page 34781]]


    June 8, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-14669 Filed 6-13-11; 8:45 am]
BILLING CODE 8011-01-P
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