Public Company Accounting Oversight Board; Order Approving Proposed Temporary Rule for an Interim Program of Inspection Related to Audits of Brokers and Dealers, 52996-52997 [2011-21600]
Download as PDF
52996
Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Notices
wreier-aviles on DSKGBLS3C1PROD with NOTICES
documents at the NRC’s PDR, O1–F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. From this page, the public
can gain entry into ADAMS, which
provides text and image files of the
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov. The draft LR–ISG
proposes to revise the NRC staff’s
recommended aging management
programs in NUREG–1801, Revision 2,
‘‘Generic Aging Lessons Learned (GALL)
Report,’’ and the NRC staff’s aging
management review procedures and
acceptance criteria in NUREG–1800,
Revision 2, ‘‘Standard Review Plan for
Review of License Renewal
Applications for Nuclear Power Plants’’
(SRP–LR). The NRC published both of
these reports in December 2010 and
they are available in ADAMS under
Accession Nos. ML103490036 and
ML103490041, respectively. The draft
LR–ISG–2011–05 is available
electronically under ADAMS Accession
Number ML11203A411.
• Federal Rulemaking Web Site:
Public comments and supporting
materials related to this notice can be
found at https://www.regulations.gov by
searching on Docket ID NRC–2011–
0191.
• NRC’s Interim Staff Guidance Web
Site: LR–ISG documents are also
available online under the ‘‘License
Renewal’’ heading at https://
www.nrc.gov/reading-rm/doccollections/#int.
FOR FURTHER INFORMATION CONTACT: Mr.
Matthew Homiack, Division of License
Renewal, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–1683; or
e-mail: Matthew.Homiack@nrc.gov.
accordance with the LR–ISG Process,
Revision 2 (ADAMS Accession No.
ML100920158), for which a notice of
availability was published in the
Federal Register on June 22, 2010 (75
FR 35510).
The NRC staff has developed draft
LR–ISG–2011–05 to clarify guidance on
how the ongoing review of operating
experience should be used to ensure the
effectiveness of the license renewal
aging management programs. While the
SRP–LR states that an acceptable aging
management program should include
the ongoing review of operating
experience, the program descriptions in
the GALL Report do not reflect this
guidance. As such, the NRC staff is
proposing revisions to the GALL Report
aging management programs to better
align them with the guidance in the
SRP–LR. The NRC staff is also
proposing to revise its review
procedures and acceptance criteria for
comparing aging management review
results with the GALL Report to better
address this issue. In addition, the NRC
staff is proposing to clarify the SRP–
LR’s description of the operating
experience program element. One
reason for this clarification is to better
describe how license renewal applicants
should obligate themselves to the
ongoing review of operating experience
for license renewal.
The NRC staff’s proposed guidance
addresses the ongoing review of
operating experience as a generic
activity applicable to all license renewal
aging management programs. The NRC
staff believes that this approach is
consistent with how nuclear power
plant licensees currently implement
operating experience review activities.
In addition, the NRC staff is proposing
that licensees may credit these existing
operating experience review activities,
provided they ensure that these existing
activities are appropriate for reviewing
operating experience specifically related
to aging management.
Background
The NRC issues LR–ISGs to
communicate insights and lessons
learned and to address emergent issues
not covered in license renewal guidance
documents, such as the GALL Report
and SRP–LR. In this way, the NRC staff
and stakeholders may use the guidance
in an LR–ISG document before it is
incorporated into a formal license
renewal guidance document revision.
The NRC staff issues LR–ISG in
By this action, the NRC is requesting
public comments on draft LR–ISG–
2011–05. This LR–ISG proposes certain
revisions to NRC guidance on
implementation of the requirements in
10 CFR part 54. The NRC staff will make
a final determination regarding issuance
of the LR–ISG after it considers any
public comments received in response
to this request.
VerDate Mar<15>2010
15:40 Aug 23, 2011
Jkt 223001
Proposed Action
Dated at Rockville, Maryland, this 16th day
of August 2011.
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. 2011–21629 Filed 8–23–11; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65163; File No. PCAOB–
2011–01]
Public Company Accounting Oversight
Board; Order Approving Proposed
Temporary Rule for an Interim Program
of Inspection Related to Audits of
Brokers and Dealers
August 18, 2011.
I. Introduction
On June 21, 2011, the Public
Company Accounting Oversight Board
(the ‘‘Board’’ or the ‘‘PCAOB’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’),
pursuant to Section 107(b) 1 of the
Sarbanes-Oxley Act of 2002 (the
‘‘Sarbanes-Oxley Act’’) and Section
19(b)(1) 2 of the Securities Exchange Act
of 1934 (the ‘‘Exchange Act’’), a
proposed rule change (PCAOB–2011–
01) to establish an interim inspection
program related to audits of brokers and
dealers. The proposed Rule 4020T
amends Section 4 of the Board’s rules.
The Board also adopted amendments to
Section 1 of its rules to add notes
following Rules 1001(a)(v), 1001(a)(vi),
and 1001(p)(vi). The proposed rule
change was published for comment in
the Federal Register on July 12, 2011.3
The Commission received one comment
letter on the proposed rule change. This
order approves the proposed rule
change.
II. Discussion
Section 982 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act 4 amended the Sarbanes-Oxley Act
to give the Board explicit oversight
authority with respect to audits of
brokers and dealers that are registered
with the Commission.5 Among other
things, the Board is authorized to
1 15
U.S.C. 7217(b).
U.S.C. 78s(b)(1).
3 Release No. 34–64814 (Jul. 6, 2011) [76 FR
40961 (Jul. 12, 2011)].
4 Public Law 111–203, 124 Stat. 1376 (Jul. 21,
2010).
5 For information regarding the audit of brokers’
and dealers’ financial statements and examination
of reports regarding compliance with Commission
requirements, see generally Rule 17a–5 under the
Exchange Act (17 CFR 240.17a–5) and related SEC
rules and forms.
2 15
E:\FR\FM\24AUN1.SGM
24AUN1
wreier-aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Notices
establish an inspection program by
rule.6 Section 104(a)(2) of the SarbanesOxley Act provides that, in establishing
such a program:
• The Board may allow for
differentiation among classes of brokers
and dealers;
• The Board shall consider whether
differing inspection schedules would be
appropriate with respect to auditors that
issue audit reports only for brokers or
dealers that do not receive, handle, or
hold customer securities or cash or are
not members of the Securities Investor
Protection Corporation; and
• If the Board exempts any public
accounting firm from such an inspection
program, the auditor would not be
required to register with the Board.
The Board has filed a proposed rule
change to establish a temporary rule for
an interim program of inspection that
would allow the Board to begin
inspections of relevant audits and
auditors and provide a source of
information to help guide decisions
about the scope and elements of a
permanent program. The Board
explained that it intended to take a
careful and informed approach in
establishing a permanent program that
appropriately protects the public
interest and the interests of investors,
including consideration of potential
costs and regulatory burdens that would
be imposed on different categories of
registered public accounting firms and
classes of brokers and dealers.7 The
Board also explained that it did not
intend to make the necessary judgments
without first gathering and assessing
relevant information, but that it did not
intend to postpone all use of its new
inspection authority until after those
judgments were made.8
The temporary rule provides that the
Board will publish a report on the
interim program no less frequently than
every twelve months, beginning twelve
months after the date the rule takes
effect and continuing until rules for a
permanent program take effect. Each
report will describe the progress of the
interim program and any significant
observations that either may bear on the
Board’s consideration of a permanent
program or the publication of which
may otherwise be appropriate to protect
the interests of investors or to further
the public interest.
III. Discussion of Comments
The Commission received one
comment letter on the proposed rule
change.9 The commenter, a small
registered accounting firm that performs
audits of broker-dealers but not issuers,
expressed strong support for the
inclusive scope of the temporary rule
and also for the establishment of a
permanent program of inspection that
would include all auditors of brokerdealers.10 The commenter supported a
program that would not differentiate
among types of brokers and dealers or
exempt certain public accounting firms,
noting their view that any such
limitations would not be ‘‘fully
protecting the public interest and
interest of investors.’’ 11
Sarbanes-Oxley Act of 2002 (the
‘‘Sarbanes-Oxley Act’’) and Section
19(b)(1) 2 of the Securities Exchange Act
of 1934 (the ‘‘Exchange Act’’), a
proposed rule change (PCAOB–2011–
02) relating to the funding of the Board’s
operations (PCAOB Rules 7100 through
7106) and proposed amendments to
certain definitions that would appear in
PCAOB Rule 1001. The proposed rule
change was published for comment in
the Federal Register on July 12, 2011.3
The Commission received no comment
letters on the proposed rule change.
This order approves the proposed rule
change.
IV. Conclusion
After careful review of the proposed
rule change, the Commission finds that
the proposed rule change is consistent
with the requirements of the SarbanesOxley Act and the securities laws and
is necessary or appropriate in the public
interest or for the protection of
investors.
It is therefore ordered, pursuant to
Section 107 of the Sarbanes-Oxley Act
and Section 19(b)(2) of the Exchange
Act, that the proposed rule change (File
No. PCAOB–2011–01) be and hereby
isapproved.
II. Discussion
Section 109 4 of the Sarbanes-Oxley
Act, as originally enacted, provided that
funds to cover the Board’s annual
budget (less registration and annual fees
paid by public accounting firms 5)
would be collected from issuers 6 based
on each issuer’s relative average,
monthly equity market capitalization.7
The amount due from issuers was
referred to as the Board’s ‘‘accounting
support fee.’’
Section 982 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (the ‘‘Dodd-Frank Act’’) 8 amended
the Sarbanes-Oxley Act to grant the
Board explicit oversight authority with
respect to audits of brokers and dealers
registered with the Commission.9 To
provide funds for the Board’s oversight
of those audits, the Dodd-Frank Act
amended Section 109 of the SarbanesOxley Act to require that the Board
allocate a portion of the accounting
For the Commission, by the Office of the
Chief Accountant, pursuant to delegated
authority.12
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–21600 Filed 8–23–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65162; File No. PCAOB–
2011–02]
Public Company Accounting Oversight
Board; Order Approving Proposed
Board Funding Final Rules for
Allocation of the Board’s Accounting
Support Fee Among Issuers, Brokers,
and Dealers, and Other Amendments
to the Board’s Funding Rules
August 18, 2011.
I. Introduction
On June 21, 2011, the Public
Company Accounting Oversight Board
(the ‘‘Board’’ or the ‘‘PCAOB’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’),
pursuant to Section 107(b) 1 of the
9 See
6 Section
104(a)(2)(A) of the Sarbanes-Oxley Act.
7 See PCAOB Release No. 2011–01 (Jun. 14, 2011),
at 3.
8 See id.
VerDate Mar<15>2010
15:40 Aug 23, 2011
Jkt 223001
52997
letter from Farkouh Furman & Faccio LLP.
id.
10 See
11 Id.
12 17
1 15
PO 00000
CFR 200.30–11(b)(2).
U.S.C. 7217(b).
Frm 00068
Fmt 4703
Sfmt 4703
2 15
U.S.C. 78s(b)(1).
No. 34–64816 (Jul. 6, 2011) [76 FR
40950 (Jul. 12, 2011)].
4 15 U.S.C. 7219.
5 Section 102(f) of the Sarbanes-Oxley Act (15
U.S.C. 7212(f)) states that the PCAOB shall assess
and collect a registration fee and an annual fee from
each registered public accounting firm, in amounts
that are sufficient to cover the costs of processing
and reviewing registration applications and annual
reports.
6 Section 2(a)(7) of the Sarbanes-Oxley Act (15
U.S.C. 7201(a)(7)) and PCAOB rules define ‘‘issuer’’
to mean an issuer (as defined in Section 3 of the
Exchange Act (15 U.S.C. 78c)), the securities of
which are registered under Section 12 of the
Exchange Act (15 U.S.C. 78l), or that is required to
file reports under Section 15(d) of the Exchange Act
(15 U.S.C. 78o(d)), or that files or has filed a
registration statement that has not yet become
effective under the Securities Act of 1933 (15 U.S.C.
77a et seq., and that it has not withdrawn. See
PCAOB Rule 1001(i)(iii).
7 Section 109(g) of the Sarbanes-Oxley Act.
8 Public Law 111–203, 124 Stat. 1376 (Jul. 21,
2010).
9 For information regarding the audit of brokers’
and dealers’ financial statements and examination
of reports regarding compliance with Commission
requirements, see generally Rule 17a–5 under the
Exchange Act (17 CFR 240.17a–5) and related SEC
rules and forms.
3 Release
E:\FR\FM\24AUN1.SGM
24AUN1
Agencies
[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Notices]
[Pages 52996-52997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21600]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65163; File No. PCAOB-2011-01]
Public Company Accounting Oversight Board; Order Approving
Proposed Temporary Rule for an Interim Program of Inspection Related to
Audits of Brokers and Dealers
August 18, 2011.
I. Introduction
On June 21, 2011, the Public Company Accounting Oversight Board
(the ``Board'' or the ``PCAOB'') filed with the Securities and Exchange
Commission (the ``Commission''), pursuant to Section 107(b) \1\ of the
Sarbanes-Oxley Act of 2002 (the ``Sarbanes-Oxley Act'') and Section
19(b)(1) \2\ of the Securities Exchange Act of 1934 (the ``Exchange
Act''), a proposed rule change (PCAOB-2011-01) to establish an interim
inspection program related to audits of brokers and dealers. The
proposed Rule 4020T amends Section 4 of the Board's rules. The Board
also adopted amendments to Section 1 of its rules to add notes
following Rules 1001(a)(v), 1001(a)(vi), and 1001(p)(vi). The proposed
rule change was published for comment in the Federal Register on July
12, 2011.\3\ The Commission received one comment letter on the proposed
rule change. This order approves the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 7217(b).
\2\ 15 U.S.C. 78s(b)(1).
\3\ Release No. 34-64814 (Jul. 6, 2011) [76 FR 40961 (Jul. 12,
2011)].
---------------------------------------------------------------------------
II. Discussion
Section 982 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act \4\ amended the Sarbanes-Oxley Act to give the Board
explicit oversight authority with respect to audits of brokers and
dealers that are registered with the Commission.\5\ Among other things,
the Board is authorized to
[[Page 52997]]
establish an inspection program by rule.\6\ Section 104(a)(2) of the
Sarbanes-Oxley Act provides that, in establishing such a program:
---------------------------------------------------------------------------
\4\ Public Law 111-203, 124 Stat. 1376 (Jul. 21, 2010).
\5\ For information regarding the audit of brokers' and dealers'
financial statements and examination of reports regarding compliance
with Commission requirements, see generally Rule 17a-5 under the
Exchange Act (17 CFR 240.17a-5) and related SEC rules and forms.
\6\ Section 104(a)(2)(A) of the Sarbanes-Oxley Act.
---------------------------------------------------------------------------
The Board may allow for differentiation among classes of
brokers and dealers;
The Board shall consider whether differing inspection
schedules would be appropriate with respect to auditors that issue
audit reports only for brokers or dealers that do not receive, handle,
or hold customer securities or cash or are not members of the
Securities Investor Protection Corporation; and
If the Board exempts any public accounting firm from such
an inspection program, the auditor would not be required to register
with the Board.
The Board has filed a proposed rule change to establish a temporary
rule for an interim program of inspection that would allow the Board to
begin inspections of relevant audits and auditors and provide a source
of information to help guide decisions about the scope and elements of
a permanent program. The Board explained that it intended to take a
careful and informed approach in establishing a permanent program that
appropriately protects the public interest and the interests of
investors, including consideration of potential costs and regulatory
burdens that would be imposed on different categories of registered
public accounting firms and classes of brokers and dealers.\7\ The
Board also explained that it did not intend to make the necessary
judgments without first gathering and assessing relevant information,
but that it did not intend to postpone all use of its new inspection
authority until after those judgments were made.\8\
---------------------------------------------------------------------------
\7\ See PCAOB Release No. 2011-01 (Jun. 14, 2011), at 3.
\8\ See id.
---------------------------------------------------------------------------
The temporary rule provides that the Board will publish a report on
the interim program no less frequently than every twelve months,
beginning twelve months after the date the rule takes effect and
continuing until rules for a permanent program take effect. Each report
will describe the progress of the interim program and any significant
observations that either may bear on the Board's consideration of a
permanent program or the publication of which may otherwise be
appropriate to protect the interests of investors or to further the
public interest.
III. Discussion of Comments
The Commission received one comment letter on the proposed rule
change.\9\ The commenter, a small registered accounting firm that
performs audits of broker-dealers but not issuers, expressed strong
support for the inclusive scope of the temporary rule and also for the
establishment of a permanent program of inspection that would include
all auditors of broker-dealers.\10\ The commenter supported a program
that would not differentiate among types of brokers and dealers or
exempt certain public accounting firms, noting their view that any such
limitations would not be ``fully protecting the public interest and
interest of investors.'' \11\
---------------------------------------------------------------------------
\9\ See letter from Farkouh Furman & Faccio LLP.
\10\ See id.
\11\ Id.
---------------------------------------------------------------------------
IV. Conclusion
After careful review of the proposed rule change, the Commission
finds that the proposed rule change is consistent with the requirements
of the Sarbanes-Oxley Act and the securities laws and is necessary or
appropriate in the public interest or for the protection of investors.
It is therefore ordered, pursuant to Section 107 of the Sarbanes-
Oxley Act and Section 19(b)(2) of the Exchange Act, that the proposed
rule change (File No. PCAOB-2011-01) be and hereby is approved.
For the Commission, by the Office of the Chief Accountant,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-11(b)(2).
---------------------------------------------------------------------------
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-21600 Filed 8-23-11; 8:45 am]
BILLING CODE 8011-01-P