Submission for OMB Review; Comment Request, 51438-51439 [2011-21031]

Download as PDF 51438 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices PROCEDURAL SCHEDULE—Continued October 27, 2011 ..................................................................... December 6, 2011 .................................................................... [FR Doc. 2011–21023 Filed 8–17–11; 8:45 am] BILLING CODE 7710–FW–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. mstockstill on DSK4VPTVN1PROD with NOTICES Extension: Rule 17f–2(e); SEC File No. 270–37; OMB Control No. 3235–0031. 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 previously approved collection of information provided for in Rule 17f– 2(e) (17 CFR 240.17f–2(e)) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). Rule 17f–2(e) requires members of national securities exchanges, brokers, dealers, registered transfer agents, and registered clearing agencies claiming exemption from the fingerprinting requirements of Rule 17f–2 to prepare and maintain a statement supporting their claim exemption. There is no filing requirement. Instead, Rule 17f–2(e)(2) requires covered entities to make and keep current a copy of the notice required by Rule 17f–2(e) in an easily accessible place at the organization’s principal office and at the office employing the persons for whom exemptions are claimed and shall be made available upon request for inspection by the Commission, appropriate regulatory agency (if not the Commission) or other designated examining authority. Notices prepared pursuant to Rule 17f–2(e) must be maintained for as long as the covered entity claims an exemption from the fingerprinting requirements of Rule 17f– 2. The recordkeeping requirement under Rule 17f–2(e) assists the Commission and other regulatory agencies with ensuring compliance with Rule 17f–2. VerDate Mar<15>2010 16:04 Aug 17, 2011 Jkt 223001 Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)). This rule does not involve the collection of confidential information. We estimate that approximately 75 respondents will incur an average burden of 30 minutes per year to comply with this rule, which represents the time it takes for a staff person at a covered entity to properly document a claimed exemption from the fingerprinting requirements of Rule 17f– 2, and properly retain that document according to the entities record retention policies and procedures. The total annual burden for all covered entities is approximately 38 hours (75 entities × .5 hours). 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 to be 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. The Commission may not conduct or sponsor a collection of information unless it displays a currently valid control number. Background documentation for this information collection may be viewed at the following link, https:// www.reginfo.gov. 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: Shagufta_Ahmed@omb.eop.gov; and (ii) 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. Comments must be submitted to OMB within 30 days of this notice. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 August 12, 2011. Elizabeth M. Murphy, Secretary. [FR Doc. 2011–21030 Filed 8–17–11; 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: 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’’) has submitted to the Office of Management and Budget (‘‘OMB’’) a request for approval of extension of the previously approved collection of information provided for in Rule 17a–10 (17 CFR 240.17a–10) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (‘‘Exchange Act’’). 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 brokers and dealers to provide certain required information to the Commission. E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 brokers and 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 103 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 1,236 burden-hours per year.2 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. Background documentation for this information collection may be viewed at the following link, https:// www.reginfo.gov. 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: Shagufta_Ahmed@omb.eop.gov; and (ii) 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. Comments 2 The number of burden hours stated in this notice is lower than the number of burden hours stated in the 60 day notice (‘‘Proposed Collection; Comment Request’’) published earlier this year in connection with this OMB control number. The reason for this difference is that the burden hours stated in the 60-day notice had been based on the number of respondent broker-dealers who had complied with Rule 17a–10 during 2009 (i.e., 168 respondents), whereas the burden hours in this notice reflect the more updated number of respondent broker-dealers who complied with Rule 17a–10 during 2010 (i.e., 103 respondents). VerDate Mar<15>2010 16:04 Aug 17, 2011 Jkt 223001 51439 must be submitted to OMB within 30 days of this notice. the most significant parts of such statements. August 12, 2011. Elizabeth M. Murphy, Secretary. A. Self-Regulatory Organization’s Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change [FR Doc. 2011–21031 Filed 8–17–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–65114; File No. SR–NSX– 2011–10] Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend NSX Rule 11.19(c) Relating to Clearly Erroneous Transactions August 11, 2011. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on August 11, 2011, National Stock Exchange, Inc. 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 the Exchange. The Commission is publishing this notice to solicit comment on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change National Stock Exchange, Inc. (‘‘NSX®’’ or ‘‘Exchange’’) proposes to amend its rules to ensure NSX Rule 11.19(c) will continue to operate in the same way after changes to the single stock trading pauses are effective. The text of the proposed rule change is available on the Exchange’s Web site at https://www.nsx.com, at the principal office of the Exchange, 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 Exchange 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 these 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 1 15 2 17 PO 00000 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00097 Fmt 4703 Sfmt 4703 1. Purpose Background The exchanges 3 and FINRA (collectively, the ‘‘Markets’’), in consultation with the Securities and Exchange Commission (‘‘SEC’’ or the ‘‘Commission’’), have made changes to their respective rules in a concerted effort to strengthen the markets after the severe market disruption that occurred on May 6, 2010. One such effort by the Markets was to adopt a uniform trading pause process during periods of extraordinary market volatility as a pilot in S&P 500 Index stocks (‘‘Pause Pilot’’), approved by the Commission on June 10, 2010.4 On September 10, 2010, the Commission approved the Market’s proposals to add the securities included in the Russell 1000 Index and specified ETPs to the Pause Pilot.5 On September 10, 2010, the Commission also approved changes proposed by the Markets to amend certain of their respective rules to set forth clearer standards and curtail their discretion with respect to breaking erroneous trades.6 The changes, among other things, provided uniform treatment of clearly erroneous execution 3 For purposes of this filing, the term ‘‘Exchanges’’ refers collectively to BATS Exchange, Inc., BATS Y–Exchange, Inc., NASDAQ OMX BX, Inc., Chicago Board Options Exchange, Inc., Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc., International Securities Exchange LLC, The NASDAQ Stock Market LLC, New York Stock Exchange LLC, NYSE Amex LLC, NYSE Arca, Inc., National Stock Exchange, Inc., and NASDAX [sic] OMX PHLX LLC. 4 Securities Exchange Act Release Nos. 62252 (June 10, 2010), 75 FR 34186 (June 16, 2010) (File Nos. SR–BATS–2010–014; SR–EDGA–2010– 01; SR–EDGX–2010–01; SR–BX–2010–037; SR–ISE– 2010–48; SR–NYSE–2010–39; SR–NYSEAmex– 2010–46; SR–NYSEArca–2010–41; SR–NASDAQ– 2010–061; SR–CHX–2010–10; SR–NSX–2010–05; and SR–CBOE–2010–047); 62251 (June 10, 2010), 75 FR 34183 (June 16, 2010) (SR–FINRA–2010– 025). 5 See e.g.,Securities Exchange Act Release Nos. 62884 (September 10, 2010), 75 FR 56618 (September 16, 2010) (File Nos. SR–BATS–2010– 018; SR–BX–2010–044; SR–CBOE–2010–065; SR– CHX–2010–14; SR–EDGA–2010–05; SR–EDGX– 2010–05; SR–ISE–2010–66; SR–NASDAQ–2010– 079; SR–NYSE–2010–49; SR–NYSEAmex–2010–63; SR–NYSEArca–2010–61; and SR–NSX–2010–08); and Securities Exchange Act Release No. 62883 (September 10, 2010), 75 FR 56608 (September 16, 2010) (SR–FINRA–2010–033). 6 Securities Exchange Act Release No. 62886 (September 16, 2010), 75 FR 56613 (September 16, 2010) (File Nos. SR–BATS–2010–016; SR–BX– 2010–040; SR–CBOE–2010–056; SR–CHX–2010–13; SR–EDGA–2010–03; SR–EDGX–2010–03; SR–ISE– 2010–62; SR–NASDAQ–2010–076; SR–NSX–2010– 07; SR–NYSE–2010–47; SR–NYSEAmex–2010–60; and SR–NYSEArca–2010–58). E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51438-51439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21031]


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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 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'') has submitted to the Office of Management 
and Budget (``OMB'') a request for approval of extension of the 
previously approved collection of information provided for in Rule 17a-
10 (17 CFR 240.17a-10) under the Securities Exchange Act of 1934 (15 
U.S.C. 78a et seq.) (``Exchange Act'').
    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 brokers 
and 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.

[[Page 51439]]

    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 brokers 
and 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 103 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 1,236 burden-hours per year.\2\
---------------------------------------------------------------------------

    \2\ The number of burden hours stated in this notice is lower 
than the number of burden hours stated in the 60 day notice 
(``Proposed Collection; Comment Request'') published earlier this 
year in connection with this OMB control number. The reason for this 
difference is that the burden hours stated in the 60-day notice had 
been based on the number of respondent broker-dealers who had 
complied with Rule 17a-10 during 2009 (i.e., 168 respondents), 
whereas the burden hours in this notice reflect the more updated 
number of respondent broker-dealers who complied with Rule 17a-10 
during 2010 (i.e., 103 respondents).
---------------------------------------------------------------------------

    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.
    Background documentation for this information collection may be 
viewed at the following link, https://www.reginfo.gov. 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: Shagufta_Ahmed@omb.eop.gov; and (ii) 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. Comments must be submitted to OMB within 30 days 
of this notice.

    August 12, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-21031 Filed 8-17-11; 8:45 am]
BILLING CODE 8011-01-P
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