Amendments To Include New Applicant Types on Form ID, 55788-55796 [2011-22895]

Download as PDF 55788 Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations (2) For service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416–375–4000; fax 416–375–4539; e-mail thd.qseries@aero.bombardier.com; Internet https://www.bombardier.com. (3) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. (4) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ibr_ locations.html. Issued in Renton, Washington, on August 23, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–22277 Filed 9–8–11; 8:45 am] BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 239, 249, 269 and 274 [Release Nos. 33–9256; 34–65244; 39–2478; IC–29780] Amendments To Include New Applicant Types on Form ID Securities and Exchange Commission. ACTION: Final rule amendments. AGENCY: The Securities and Exchange Commission (‘‘Commission’’) is amending Form ID to include additional applicant types in order to facilitate processing of the form. Form ID is the application for access codes to file on the Commission’s Electronic Data Gathering, Analysis, and Retrieval (‘‘EDGAR’’) system. The purpose of introducing these new applicant types is to improve the Commission’s internal procedures for processing filings, including by routing Form ID filings to the appropriate internal office or division. SUMMARY: DATES: Effective Date: September 9, mstockstill on DSK4VPTVN1PROD with RULES 2011. FOR FURTHER INFORMATION CONTACT: Catherine Moore, Senior Special Counsel or Andrew Bernstein, AttorneyAdviser, Office of Clearance and Settlement, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street, NE., VerDate Mar<15>2010 16:30 Sep 08, 2011 Jkt 223001 Washington, DC 20549, at (202) 551– 5710. SUPPLEMENTARY INFORMATION: I. Background Form ID is filed by registrants, third party filers, or any of their respective agents, to whom the Commission previously has not assigned a Central Index Key (‘‘CIK’’) code, to request access codes in order to file in electronic format through EDGAR. EDGAR access codes include the CIK code, the CIK Confirmation Code (‘‘CCC’’), Password (‘‘PW’’), and Password Modification Authorization Code (‘‘PMAC’’).1 Currently, Form ID does not differentiate applicants by specific type and simply lists as possible applicant types ‘‘filer,’’ ‘‘filing agent,’’ ‘‘training agent,’’ ‘‘transfer agent,’’ and ‘‘individual.’’ However, the number and type of persons that use EDGAR for submitting filings has increased since Form ID was first adopted by the Commission and may increase further following the adoption of various rules under the Dodd-Frank Wall Street Reform and Consumer Protection Act (‘‘Dodd-Frank Act’’).2 Accordingly, the Commission is amending Form ID to list specific persons as applicant types on the form in order to allow the form to be assigned for processing within the Commission based on the type of applicant. The new applicant types include persons that currently file on EDGAR but who are not separately listed on Form ID, persons that currently file forms with the Commission in paper but who may be required to file on EDGAR in the future, and persons who will be required to meet certain new filing obligations under the Securities Exchange Act of 1934 (‘‘Exchange Act’’), including provisions added by the Dodd-Frank Act. The amendments to Form ID also include corresponding definitions for each new applicant type.3 New applicants should select only one entity type when completing and submitting Form ID.4 If an applicant 1 See EDGAR Filing Manual (Volume I) General Information (Section 2.4, Accessing EDGAR). 2 The Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203, 124 Stat. 1376 (2010). 3 The definitions included in Form ID are to facilitate the correct selection of ‘‘applicant type’’ by a particular filer and are not intended to amend or otherwise change any provision of the federal securities laws or the regulations promulgated thereunder. 4 For purposes of Form ID, the term ‘‘person’’ includes either an individual or entity. If the applicant is also an ‘‘individual’’ as defined in the current Form ID, then the applicant must apply as both an ‘‘individual’’ as well as another appropriate applicant type that properly characterizes it. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 qualifies as more than one of the applicant types listed on the form, it should select the applicant type related to the first filing it plans to submit on EDGAR. The access codes the applicant retrieves after Form ID is approved may be used to submit filings on EDGAR for any entity type (other than transfer agent) provided that such filing complies with all other applicable rules and regulations.5 Persons that have previously filed Form ID applications with the Commission are not required to re-file Form ID as a result of these amendments. As more fully described below, the following applicant types and applicable definitions are being added to Form ID: Investment Company, Business Development Company or Insurance Company Separate Account, Institutional Investment Manager (Form 13F Filer), Non-Investment Company Applicant under the Investment Company Act of 1940, Large Trader, Clearing Agency, Municipal Advisor, Municipal Securities Dealer, Nationally Recognized Statistical Rating Organization, Security-Based Swap Data Repository, Security-Based Swap Dealer and Major Security-Based Swap Participant, and Security-Based Swap Execution Facility. Investment Company, Business Development Company or Insurance Company Separate Account, Institutional Investment Manager (Form 13F Filer), and Non-Investment Company Applicant Under the Investment Company Act of 1940 Currently, a person that may fall within the applicant type of ‘‘Investment Company, Business Development Company or Insurance Company Separate Account,’’ ‘‘Institutional Investment Manager (Form 13F Filer),’’ or ‘‘Non-Investment Company Applicant under the Investment Company Act of 1940’’ may make submissions on EDGAR in electronic format without referencing the appropriate applicant type on Form ID. As such, the Commission is adding these specific applicant types to Form ID in order to facilitate processing of the form as filed by such persons. The applicant type of ‘‘Investment Company, Business Development Company or Insurance Company Separate Account’’ being added to Form ID includes persons that meet the definition of ‘‘investment company’’ in Section 3 of 5 Persons that are transfer agents must apply for a separate set of access codes even if they already submit filings on EDGAR in another capacity. See Securities Exchange Act Release No. 54865 (December 4, 2006), 71 FR 74698 (December 12, 2006) (File No. S7–14–06). E:\FR\FM\09SER1.SGM 09SER1 Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations the Investment Company Act of 1940 (‘‘Investment Company Act’’) 6 or otherwise register an offering of their securities on a registration form adopted by the Commission under the Investment Company Act, including management companies (within the meaning of Sections 4 and 5 of the Investment Company Act), face-amount certificate companies (within the meaning of Section 2(a)(15) of the Investment Company Act), unit investment trusts (within the meaning of Section 4 of the Investment Company Act), business development companies (within the meaning of Section 2(a)(48) of the Investment Company Act), and insurance company separate accounts (including any separate account which would be required to be registered under the Investment Company Act except for the exclusion provided by Section 3(c)(11) of such Act and which files a registration statement on Form N–3 or Form N–4). The applicant type of ‘‘Institutional Investment Manager (Form 13F Filer)’’ includes any person that is required to file a Form 13F under Section 13(f) of the Exchange Act and the rules promulgated thereunder.7 Finally, a ‘‘Non-Investment Company Applicant under the Investment Company Act of 1940’’ is descriptive of the type of Form ID applicant that is submitting an application seeking an order from the Commission for an exemption from one or more provisions of the Investment Company Act and the rules promulgated thereunder. Large Trader The applicant type ‘‘Large Trader’’ is being added to Form ID in order for these new registrants to retrieve EDGAR access codes and subsequently register with the Commission as a large trader in accordance with new Rule 13h–1 under the Exchange Act, which will become effective as of October 3, 2011.8 The definition of ‘‘Large Trader’’ that is being added to Form ID cross-references the definition that was adopted by the Commission in Rule 13h–1. mstockstill on DSK4VPTVN1PROD with RULES Clearing Agency Among other things, Title VII of the Dodd-Frank Act added new provisions to the Exchange Act that require clearing agencies that clear securitybased swaps to register with the Commission. It also required that the Commission adopt rules with respect to 6 See 15 U.S.C. 80a–3. 15 U.S.C. 78m(f)(6)(A). 8 See Securities Exchange Act Release No. 64976 (July 27, 2011), 76 FR 46960 (Aug. 3, 2011) (File No. S7–10–10). 7 See VerDate Mar<15>2010 16:30 Sep 08, 2011 Jkt 223001 security-based swap clearing agencies.9 The Commission previously stated that it preliminarily believes that clearing agencies should in the future file compliance reports with the Commission in a tagged data format in accordance with the EDGAR database, which would utilize the existing EDGAR framework to provide electronic filings to the Commission.10 The definition of ‘‘Clearing Agency’’ being added to Form ID cross-references the definition in Section 3(a)(23) of the Exchange Act.11 Municipal Advisor Section 975 of the Dodd-Frank Act amended Section 15B of the Exchange Act to make it unlawful for ‘‘a municipal advisor to provide advice to or on behalf of a municipal entity or obligated person with respect to municipal financial products or the issuance of municipal securities, or to undertake a solicitation of a municipal entity or obligated person, unless the municipal advisor is registered.’’ 12 Municipal Advisors register with the Commission on Form MA–T.13 This current form is temporary, however, with an expiration date of December 31, 2011.14 On December 20, 2010, the Commission proposed rules relating to a permanent registration regime for municipal advisors.15 The proposed permanent registration regime would require that an application for the registration of a municipal advisor must be filed electronically with the Commission on proposed new Forms MA or MA–I, as applicable, and the Commission is considering whether such applications should be filed through EDGAR.16 The definition of ‘‘Municipal Advisor’’ on Form ID crossreferences the definition in Section 15B(e)(4) of the Exchange Act.17 Municipal Securities Dealer A ‘‘Municipal Securities Dealer’’ currently registers with the Commission in paper format on Form MSD.18 The 9 See 15 U.S.C. 78q–1(g), (i), and (j) (as amended by Section 763(b) of the Dodd-Frank Act). 10 See Securities Exchange Act Release No. 64017 (March 3, 2011), 76 FR 14472 (March 16, 2011) (File No. S7–08–11). 11 15 U.S.C. 78c(a)(23). 12 See 15 U.S.C. 78o–4(a)(1)(B) (as amended by Section 975(a)(1)(b) of the Dodd-Frank Act). 13 17 CFR 249.1300T. 14 See Securities Exchange Act Release No. 62824 (September 1, 2010), 75 FR 54465 (September 8, 2010) (File No. S7–19–10). 15 See Securities Exchange Act Release No. 63576 (December 20, 2010), 76 FR 824 (January 6, 2011) (File No. S7–45–10). 16 Id. at 839. 17 See 15 U.S.C. 78o–4(a)(1)(B) (as amended by Section 975(a)(1)(b) of the Dodd-Frank Act). 18 17 CFR 249.1100. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 55789 definition of ‘‘Municipal Securities Dealer’’ being added to Form ID crossreferences the definition in Section 3(a)(30) of the Exchange Act.19 Nationally Recognized Statistical Rating Organization A Nationally Recognized Statistical Rating Organization (‘‘NRSRO’’) currently registers with the Commission in paper format on Form NRSRO 20 and files annual reports required under Rule 17g–3 of the Exchange Act.21 The Commission has proposed amending these rules to require an NRSRO to use EDGAR in order to submit all future information and reports.22 The definition of a ‘‘Nationally Recognized Statistical Rating Organization’’ that is being added to Form ID cross-references the definition in Section 3(a)(62) of the Exchange Act.23 Security-Based Swap Data Repository The Dodd-Frank Act provided the Commission with broad authority to adopt rules governing security-based swap data repositories (‘‘SDRs’’) and to develop additional duties applicable to these SDRs. The Commission proposed Rule 13n–1 under the Exchange Act to establish the procedures by which SDRs could apply to the Commission for registration.24 This proposed rule provided that an application for the registration of an SDR must be filed electronically on proposed new Form SDR with the Commission. The definition of ‘‘Security-Based Swap Data Repository’’ being added to Form ID cross-references the definition in Section 3(a)(75) of the Exchange Act.25 Security-Based Swap Dealer and Major Security-Based Swap Participant Section 761(a) of the Dodd-Frank Act amended Section 3(a) of the Exchange Act to add definitions for, among others, the terms ‘‘security-based swap dealer’’ and ‘‘major security-based swap participant.’’ 26 Section 15F of the Exchange Act, added by section 764(a) of the Dodd-Frank Act, establishes requirements for registration and comprehensive oversight of securitybased swap dealers and major security19 15 U.S.C. 78c(a)(30). CFR 249b.300. 21 17 CFR 240.17g–3. 22 See Securities Exchange Act Release No. 64514 (May 18, 2011), 76 FR 33420 (June 8, 2011) (File No. S7–18–11). 23 15 U.S.C. 78c(a)(62). 24 See Securities Exchange Act Release No. 63347 (November 19, 2010), 75 FR 77306 (December 10, 2010) (File No. S7–35–10). 25 See 15 U.S.C. 78c(a)(75) (as amended by Section 761 of the Dodd-Frank Act). 26 See Public Law 111–203, § 761(a). 20 17 E:\FR\FM\09SER1.SGM 09SER1 55790 Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations based swap participants.27 The definition of ‘‘Major Security-Based Swap Participant’’ that is being added to Form ID cross-references the definition in Section 3(a)(67)(A) of the Exchange Act.28 In addition, the definition of ‘‘Security-Based Swap Dealer’’ that is being added to Form ID cross-references the definition in Section 3(a)(71)(A) of the Exchange Act.29 Securities-Based Swap Execution Facility Section 761(a) of the Dodd-Frank Act amended Section 3(a) of the Exchange Act to add definitions for, among others, the term ‘‘security-based swap execution facility.’’ 30 In accordance with Section 763 of the Dodd-Frank Act, the Commission proposed Regulation SB SEF under the Exchange Act, which was designed to create a registration framework for security-based swap execution facilities (‘‘SB SEFs’’).31 Proposed rule 801(a) in Regulation SB SEF would require the registration application for SB SEFs to be filed electronically in a tagged data format with the Commission on Form SB SEF.32 The definition of a ‘‘SecuritiesBased Swap Execution Facility’’ that is being added to Form ID cross-references the definition found in Section 3(a)(77) of the Exchange Act.33 The Commission believes that updating Form ID to add the above applicant types and related definitions will facilitate the processing of the form, including by routing Form ID filings to the appropriate internal office or division, and allow filers to promptly retrieve access codes and file in electronic format on EDGAR. mstockstill on DSK4VPTVN1PROD with RULES II. Procedural and Other Matters The Administrative Procedure Act (‘‘APA’’) 34 generally requires an agency to publish, before adopting a rule, notice of a proposed rulemaking in the Federal Register.35 This requirement does not apply, however, to, ‘‘interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice.’’ 36 Further, the APA also 27 15 U.S.C. 78o–10 (as amended by Section 764(a) of the Dodd-Frank Act). 28 See 15 U.S.C. 78c(a)(67)(A) (as amended by Section 761 of the Dodd-Frank Act). 29 See 15 U.S.C. 78c(a)(71)(A) (as amended by Section 761 of the Dodd-Frank Act). 30 See Public. Law 111–203, § 761(a). 31 See Securities Exchange Act Release No. 63827 (February 2, 2011), 76 FR 10948 (February 28, 2011) (File No. S7–06–11). 32 Id. 33 See 15 U.S.C. 78c(a)(77) (as amended by Section 763 of by the Dodd-Frank Act). 34 5 U.S.C. 551 et seq. 35 See 5 U.S.C. 553(b). 36 Id. VerDate Mar<15>2010 16:30 Sep 08, 2011 Jkt 223001 generally requires that an agency publish a rule in the Federal Register 30 days before the rule becomes effective.37 This requirement, however does not apply where an agency finds good cause.38 The Commission is amending Form ID to include new applicant types. These new applicant types are ‘‘Investment Company, Business Development Company or Insurance Company Separate Account,’’ ‘‘Institutional Investment Manager (13F Filer),’’ ‘‘Non-Investment Company Applicant under the Investment Company Act of 1940,’’ ‘‘Large Trader,’’ ‘‘Clearing Agency,’’ ‘‘Municipal Advisor,’’ ‘‘Municipal Securities Dealer,’’ ‘‘Nationally Recognized Statistical Rating Organization,’’ ‘‘Security-Based Swap Data Repository,’’ ‘‘Security-Based Swap Dealer and Major Security-Based Swap Participant,’’ and ‘‘Securities-Based Swap Execution Facility.’’ The sole purpose of including these new applicant types is to improve the Commission’s internal procedures for processing filings, including routing Form ID filings to the appropriate internal office or division. Accordingly, the Commission finds that because the amendments relate solely to rules of agency organization, procedure or practice, publishing the changes for comment is unnecessary.39 The APA also generally requires publication of a rule in the Federal Register at least 30 days before its effective date unless the agency finds otherwise for good cause.40 As noted above, the amendments to Form ID are intended solely to improve the Commission’s internal procedures for processing filings. These changes will not impose a new burden on any person to file the form with the Commission as the obligation to submit a Form ID arises from the requirement to make filings with the Commission through EDGAR in accordance with other rules and regulations issued by the Commission. Similarly, the amendments do not impose any burden on persons who have previously submitted a Form ID as 37 See 5 U.S.C. 553(d). 38 Id. 39 For similar reasons, the amendments do not require analysis under the Regulatory Flexibility Act or analysis of major status under the Small Business Regulatory Enforcement Fairness Act. See 5 U.S.C. 601(2) (for purposes of Regulatory Flexibility analyses, the term ‘‘rule’’ means any rule for which the agency publishes a general notice of proposed rulemaking) and 5 U.S.C. 804(3)(C) (for purposes of Congressional review of agency rulemaking, the term ‘‘rule’’ does not include any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties). 40 See 5 U.S.C. 553(d)(3). PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 these persons will not be required to refile the Form ID to account for the inclusion of specific applicant types. These changes will allow the Commission to process Form IDs more efficiently and will reduce the likelihood of unnecessary delays in processing. For these reasons, the Commission finds good cause for these procedural amendments to take effect immediately. III. Paperwork Reduction Act Form ID, as in effect prior to these amendments, contains ‘‘collection of information’’ requirements within the meaning of the Paperwork Reduction Act of 1995 (‘‘PRA’’).41 Specifically, there is a current approved collection of information for Form ID entitled ‘‘EDGAR Form ID’’ (Office of Management and Budget (‘‘OMB’’) Control No. 3235–0328). 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. We do not believe that the amendments to Form ID necessitate an increase or decrease in the current PRA burden estimates for Form ID. Specifically, respondents to Form ID previously were required to indicate whether they are submitting the form as a ‘‘filer,’’ ‘‘filing agent,’’ ‘‘training agent,’’ ‘‘transfer agent,’’ or ‘‘individual.’’ The amendments we are adopting today simply add new applicant types to reflect persons that currently file on EDGAR but who are not separately listed on Form ID. These new applicant types include ‘‘Investment Company, Business Development Company or Insurance Company Separate Account,’’ ‘‘Institutional Investment Manager (Form 13F Filer),’’ ‘‘Non-Investment Company Applicant under the Investment Company Act of 1940,’’ ‘‘Large Trader,’’ ‘‘Clearing Agency,’’ ‘‘Municipal Advisor,’’ ‘‘Municipal Securities Dealer,’’ ‘‘Nationally Recognized Statistical Rating Organization,’’ ‘‘Security-Based Swap Data Repository,’’ ‘‘Security-Based Swap Dealer and Major Security-Based Swap Participant,’’ and ‘‘Securities-Based Swap Execution Facility.’’ Respondents will continue to be required to select an appropriate applicant type, with the sole difference being that that the list of options will increase. The amendments to Form ID do not impose a new burden on any person to file the form with the Commission, nor do they impose any burden on persons who have previously submitted a Form 41 44 E:\FR\FM\09SER1.SGM U.S.C. et seq. 09SER1 Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations ID as these persons will not be required to re-file the Form ID to account for the inclusion of specific applicant types. The sole change being effected by these amendments will be that new registrants will be asked to indicate a specific applicant type when completing the Form ID. To the extent that these new registrants will be required to register with the Commission and make filings on EDGAR in accordance with other Commission rules and regulations, the PRA burdens associated with those obligations will be accounted for in the context of those other rules and regulations. The total estimated burden of filing a Form ID for a filer not currently subject to a requirement to file on EDGAR is 0.15 hours. For the reasons discussed above, we therefore believe that the overall information collection burden of Form ID would remain the same. As a result, we have not submitted the revisions to the collection of information to the Office of Management and Budget for review under 44 U.S.C. 3507(d) and 5 CFR 1320.11. IV. Economic Analysis A. Consideration of Costs and Benefits The amendments to Form ID update the form to reflect the increased use of the EDGAR database by various persons and institutions regulated by the Commission. Some of these entities currently file on EDGAR in electronic format and others may be required to file on EDGAR in the future. The amendments will facilitate the Commission’s process for reviewing and processing the form and, consequently, the ability of filers to promptly retrieve the access codes needed to file on EDGAR. We do not believe these amendments will impose any significant costs on non-agency parties. B. Consideration of Burden on Competition and Promotion of Efficiency, Competition and Capital Formation Section 23(a) 42 of the Exchange Act requires the Commission, when making mstockstill on DSK4VPTVN1PROD with RULES 42 15 U.S.C. 78w(a). VerDate Mar<15>2010 16:30 Sep 08, 2011 Jkt 223001 rules and regulations under the Exchange Act, to consider the impact a new rule would have on competition. Section 23(a)(2) of the Exchange Act prohibits the Commission from adopting any rule that would impose a burden on competition not necessary or appropriate in furtherance of the purposes of the Exchange Act. Section 3(f) of the Exchange Act 43 and Section 2(c) of the Investment Company Act 44 require the Commission, when engaging in rulemaking that requires it to consider whether an action is necessary or appropriate in the public interest, to consider, in addition to the protection of investors, whether the action would promote efficiency, competition, and capital formation. We do not believe that the amendments to Form ID that reflect new entity applicant types will have any impact on competition. V. Statutory Authority We are adopting the amendments to Form ID under the authority in Section 19(a) 45 of the Securities Act, Sections 3(b),46 13(a),47 23(a),48 and 35A 49 of the Exchange Act, Section 319 50 of the Trust Indenture Act of 1939 and Sections 30 51 and 38 52 of the Investment Company Act of 1940. 55791 PART 239—FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933 1. The authority citation for part 239, continues to read, in part, as follows: ■ Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z–2, 77z–3, 77sss, 78c, 78l, 78m, 78n, 78o(d), 78u–5, 78w(a), 78ll, 78mm, 80a–2(a), 80a–3, 80a–8, 80a–9, 80a–10, 80a–13, 80a– 24, 80a–26, 80a–29, 80a–30, 80a–37, and Pub. L. No. 111–203, § 939A, 124 Stat. 1376, (2010) unless otherwise noted. * * * * * PART 249—FORMS, SECURITIES EXCHANGE ACT OF 1934 2. The authority citation for part 249 continues to read, in part, as follows: ■ Authority: 15 U.S.C. 78a et seq., and 7201 et seq.; and 18 U.S.C. 1350, unless otherwise noted. * * * * * PART 269—FORMS PRESCRIBED UNDER THE TRUST INDENTURE ACT OF 1939 3. The authority citation for part 269 continues to read as follows: ■ Authority: 15 U.S.C. 77ddd(c), 77eee, 77ggg, 77hhh, 77iii, 77jjj, 77sss, and 78ll(d), unless otherwise noted. List of Subjects in 17 CFR Parts 239, 249, 269 and 274 PART 274—FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940 Reporting and recordkeeping requirements, Securities. ■ Text of Form Ammendments For the reasons set out in the preamble, the Commission amends title 17, chapter II, of the Code of Federal Regulations as follows. 43 15 U.S.C. 78c(f). U.S.C. 80a–2(c). 45 15 U.S.C. 77s(a). 46 15 U.S.C. 78c(b). 47 15 U.S.C. 78m(a). 48 15 U.S.C. 78w(a). 49 15 U.S.C. 78ll. 50 15 U.S.C. 77sss. 51 15 U.S.C. 80a–29. 52 15 U.S.C. 80a–37. 44 15 PO 00000 Frm 00011 Fmt 4700 4. The authority citation for part 274 continues to read, in part, as follows: Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m, 78n, 78o(d), 80a–8, 80a–24, 80a–26, and 80a–29, unless otherwise noted. * * * * * 5. Form ID (referenced in §§ 239.63, 249.446, 269.7 and 274.402 of this chapter) is revised to read as set forth in the attached Appendix A. ■ Dated: September 1, 2011. By the Commission. Elizabeth M. Murphy, Secretary. Note: The following Appendix A will not appear in the Code of Federal Regulations. BILLING CODE 8011–01–P Sfmt 4700 E:\FR\FM\09SER1.SGM 09SER1 VerDate Mar<15>2010 Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations 16:30 Sep 08, 2011 Jkt 223001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4725 E:\FR\FM\09SER1.SGM 09SER1 ER09SE11.016</GPH> mstockstill on DSK4VPTVN1PROD with RULES 55792 VerDate Mar<15>2010 16:30 Sep 08, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4725 E:\FR\FM\09SER1.SGM 09SER1 55793 ER09SE11.017</GPH> mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations VerDate Mar<15>2010 Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations 16:30 Sep 08, 2011 Jkt 223001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4725 E:\FR\FM\09SER1.SGM 09SER1 ER09SE11.018</GPH> mstockstill on DSK4VPTVN1PROD with RULES 55794 VerDate Mar<15>2010 16:30 Sep 08, 2011 Jkt 223001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4725 E:\FR\FM\09SER1.SGM 09SER1 55795 ER09SE11.019</GPH> mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations [FR Doc. 2011–22895 Filed 9–8–11; 8:45 am] BILLING CODE 8011–01–C DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 mstockstill on DSK4VPTVN1PROD with RULES [Docket No. USCG–2011–0789] RIN 1625–AA00 Safety Zone; TriRock Triathlon, San Diego Bay, San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: VerDate Mar<15>2010 16:30 Sep 08, 2011 Jkt 223001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 The Coast Guard is establishing a safety zone upon the specified navigable waters of the San Diego Bay, San Diego, California, in support of a bay swim in San Diego Harbor. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. SUMMARY: E:\FR\FM\09SER1.SGM 09SER1 ER09SE11.020</GPH> 55796

Agencies

[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Rules and Regulations]
[Pages 55788-55796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22895]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 239, 249, 269 and 274

[Release Nos. 33-9256; 34-65244; 39-2478; IC-29780]


Amendments To Include New Applicant Types on Form ID

AGENCY: Securities and Exchange Commission.

ACTION: Final rule amendments.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is 
amending Form ID to include additional applicant types in order to 
facilitate processing of the form. Form ID is the application for 
access codes to file on the Commission's Electronic Data Gathering, 
Analysis, and Retrieval (``EDGAR'') system. The purpose of introducing 
these new applicant types is to improve the Commission's internal 
procedures for processing filings, including by routing Form ID filings 
to the appropriate internal office or division.

DATES: Effective Date: September 9, 2011.

FOR FURTHER INFORMATION CONTACT: Catherine Moore, Senior Special 
Counsel or Andrew Bernstein, Attorney-Adviser, Office of Clearance and 
Settlement, Division of Trading and Markets, Securities and Exchange 
Commission, 100 F Street, NE., Washington, DC 20549, at (202) 551-5710.

SUPPLEMENTARY INFORMATION:

I. Background

    Form ID is filed by registrants, third party filers, or any of 
their respective agents, to whom the Commission previously has not 
assigned a Central Index Key (``CIK'') code, to request access codes in 
order to file in electronic format through EDGAR. EDGAR access codes 
include the CIK code, the CIK Confirmation Code (``CCC''), Password 
(``PW''), and Password Modification Authorization Code (``PMAC'').\1\
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    \1\ See EDGAR Filing Manual (Volume I) General Information 
(Section 2.4, Accessing EDGAR).
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    Currently, Form ID does not differentiate applicants by specific 
type and simply lists as possible applicant types ``filer,'' ``filing 
agent,'' ``training agent,'' ``transfer agent,'' and ``individual.'' 
However, the number and type of persons that use EDGAR for submitting 
filings has increased since Form ID was first adopted by the Commission 
and may increase further following the adoption of various rules under 
the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-
Frank Act'').\2\ Accordingly, the Commission is amending Form ID to 
list specific persons as applicant types on the form in order to allow 
the form to be assigned for processing within the Commission based on 
the type of applicant.
---------------------------------------------------------------------------

    \2\ The Dodd-Frank Wall Street Reform and Consumer Protection 
Act, Public Law 111-203, 124 Stat. 1376 (2010).
---------------------------------------------------------------------------

    The new applicant types include persons that currently file on 
EDGAR but who are not separately listed on Form ID, persons that 
currently file forms with the Commission in paper but who may be 
required to file on EDGAR in the future, and persons who will be 
required to meet certain new filing obligations under the Securities 
Exchange Act of 1934 (``Exchange Act''), including provisions added by 
the Dodd-Frank Act. The amendments to Form ID also include 
corresponding definitions for each new applicant type.\3\ New 
applicants should select only one entity type when completing and 
submitting Form ID.\4\ If an applicant qualifies as more than one of 
the applicant types listed on the form, it should select the applicant 
type related to the first filing it plans to submit on EDGAR. The 
access codes the applicant retrieves after Form ID is approved may be 
used to submit filings on EDGAR for any entity type (other than 
transfer agent) provided that such filing complies with all other 
applicable rules and regulations.\5\ Persons that have previously filed 
Form ID applications with the Commission are not required to re-file 
Form ID as a result of these amendments.
---------------------------------------------------------------------------

    \3\ The definitions included in Form ID are to facilitate the 
correct selection of ``applicant type'' by a particular filer and 
are not intended to amend or otherwise change any provision of the 
federal securities laws or the regulations promulgated thereunder.
    \4\ For purposes of Form ID, the term ``person'' includes either 
an individual or entity. If the applicant is also an ``individual'' 
as defined in the current Form ID, then the applicant must apply as 
both an ``individual'' as well as another appropriate applicant type 
that properly characterizes it.
    \5\ Persons that are transfer agents must apply for a separate 
set of access codes even if they already submit filings on EDGAR in 
another capacity. See Securities Exchange Act Release No. 54865 
(December 4, 2006), 71 FR 74698 (December 12, 2006) (File No. S7-14-
06).
---------------------------------------------------------------------------

    As more fully described below, the following applicant types and 
applicable definitions are being added to Form ID: Investment Company, 
Business Development Company or Insurance Company Separate Account, 
Institutional Investment Manager (Form 13F Filer), Non-Investment 
Company Applicant under the Investment Company Act of 1940, Large 
Trader, Clearing Agency, Municipal Advisor, Municipal Securities 
Dealer, Nationally Recognized Statistical Rating Organization, 
Security-Based Swap Data Repository, Security-Based Swap Dealer and 
Major Security-Based Swap Participant, and Security-Based Swap 
Execution Facility.

Investment Company, Business Development Company or Insurance Company 
Separate Account, Institutional Investment Manager (Form 13F Filer), 
and Non-Investment Company Applicant Under the Investment Company Act 
of 1940

    Currently, a person that may fall within the applicant type of 
``Investment Company, Business Development Company or Insurance Company 
Separate Account,'' ``Institutional Investment Manager (Form 13F 
Filer),'' or ``Non-Investment Company Applicant under the Investment 
Company Act of 1940'' may make submissions on EDGAR in electronic 
format without referencing the appropriate applicant type on Form ID. 
As such, the Commission is adding these specific applicant types to 
Form ID in order to facilitate processing of the form as filed by such 
persons. The applicant type of ``Investment Company, Business 
Development Company or Insurance Company Separate Account'' being added 
to Form ID includes persons that meet the definition of ``investment 
company'' in Section 3 of

[[Page 55789]]

the Investment Company Act of 1940 (``Investment Company Act'') \6\ or 
otherwise register an offering of their securities on a registration 
form adopted by the Commission under the Investment Company Act, 
including management companies (within the meaning of Sections 4 and 5 
of the Investment Company Act), face-amount certificate companies 
(within the meaning of Section 2(a)(15) of the Investment Company Act), 
unit investment trusts (within the meaning of Section 4 of the 
Investment Company Act), business development companies (within the 
meaning of Section 2(a)(48) of the Investment Company Act), and 
insurance company separate accounts (including any separate account 
which would be required to be registered under the Investment Company 
Act except for the exclusion provided by Section 3(c)(11) of such Act 
and which files a registration statement on Form N-3 or Form N-4). The 
applicant type of ``Institutional Investment Manager (Form 13F Filer)'' 
includes any person that is required to file a Form 13F under Section 
13(f) of the Exchange Act and the rules promulgated thereunder.\7\ 
Finally, a ``Non-Investment Company Applicant under the Investment 
Company Act of 1940'' is descriptive of the type of Form ID applicant 
that is submitting an application seeking an order from the Commission 
for an exemption from one or more provisions of the Investment Company 
Act and the rules promulgated thereunder.
---------------------------------------------------------------------------

    \6\ See 15 U.S.C. 80a-3.
    \7\ See 15 U.S.C. 78m(f)(6)(A).
---------------------------------------------------------------------------

Large Trader

    The applicant type ``Large Trader'' is being added to Form ID in 
order for these new registrants to retrieve EDGAR access codes and 
subsequently register with the Commission as a large trader in 
accordance with new Rule 13h-1 under the Exchange Act, which will 
become effective as of October 3, 2011.\8\ The definition of ``Large 
Trader'' that is being added to Form ID cross-references the definition 
that was adopted by the Commission in Rule 13h-1.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 64976 (July 27, 
2011), 76 FR 46960 (Aug. 3, 2011) (File No. S7-10-10).
---------------------------------------------------------------------------

Clearing Agency

    Among other things, Title VII of the Dodd-Frank Act added new 
provisions to the Exchange Act that require clearing agencies that 
clear security-based swaps to register with the Commission. It also 
required that the Commission adopt rules with respect to security-based 
swap clearing agencies.\9\ The Commission previously stated that it 
preliminarily believes that clearing agencies should in the future file 
compliance reports with the Commission in a tagged data format in 
accordance with the EDGAR database, which would utilize the existing 
EDGAR framework to provide electronic filings to the Commission.\10\ 
The definition of ``Clearing Agency'' being added to Form ID cross-
references the definition in Section 3(a)(23) of the Exchange Act.\11\
---------------------------------------------------------------------------

    \9\ See 15 U.S.C. 78q-1(g), (i), and (j) (as amended by Section 
763(b) of the Dodd-Frank Act).
    \10\ See Securities Exchange Act Release No. 64017 (March 3, 
2011), 76 FR 14472 (March 16, 2011) (File No. S7-08-11).
    \11\ 15 U.S.C. 78c(a)(23).
---------------------------------------------------------------------------

Municipal Advisor

    Section 975 of the Dodd-Frank Act amended Section 15B of the 
Exchange Act to make it unlawful for ``a municipal advisor to provide 
advice to or on behalf of a municipal entity or obligated person with 
respect to municipal financial products or the issuance of municipal 
securities, or to undertake a solicitation of a municipal entity or 
obligated person, unless the municipal advisor is registered.'' \12\ 
Municipal Advisors register with the Commission on Form MA-T.\13\ This 
current form is temporary, however, with an expiration date of December 
31, 2011.\14\ On December 20, 2010, the Commission proposed rules 
relating to a permanent registration regime for municipal advisors.\15\ 
The proposed permanent registration regime would require that an 
application for the registration of a municipal advisor must be filed 
electronically with the Commission on proposed new Forms MA or MA-I, as 
applicable, and the Commission is considering whether such applications 
should be filed through EDGAR.\16\ The definition of ``Municipal 
Advisor'' on Form ID cross-references the definition in Section 
15B(e)(4) of the Exchange Act.\17\
---------------------------------------------------------------------------

    \12\ See 15 U.S.C. 78o-4(a)(1)(B) (as amended by Section 
975(a)(1)(b) of the Dodd-Frank Act).
    \13\ 17 CFR 249.1300T.
    \14\ See Securities Exchange Act Release No. 62824 (September 1, 
2010), 75 FR 54465 (September 8, 2010) (File No. S7-19-10).
    \15\ See Securities Exchange Act Release No. 63576 (December 20, 
2010), 76 FR 824 (January 6, 2011) (File No. S7-45-10).
    \16\ Id. at 839.
    \17\ See 15 U.S.C. 78o-4(a)(1)(B) (as amended by Section 
975(a)(1)(b) of the Dodd-Frank Act).
---------------------------------------------------------------------------

Municipal Securities Dealer

    A ``Municipal Securities Dealer'' currently registers with the 
Commission in paper format on Form MSD.\18\ The definition of 
``Municipal Securities Dealer'' being added to Form ID cross-references 
the definition in Section 3(a)(30) of the Exchange Act.\19\
---------------------------------------------------------------------------

    \18\ 17 CFR 249.1100.
    \19\ 15 U.S.C. 78c(a)(30).
---------------------------------------------------------------------------

Nationally Recognized Statistical Rating Organization

    A Nationally Recognized Statistical Rating Organization (``NRSRO'') 
currently registers with the Commission in paper format on Form NRSRO 
\20\ and files annual reports required under Rule 17g-3 of the Exchange 
Act.\21\ The Commission has proposed amending these rules to require an 
NRSRO to use EDGAR in order to submit all future information and 
reports.\22\ The definition of a ``Nationally Recognized Statistical 
Rating Organization'' that is being added to Form ID cross-references 
the definition in Section 3(a)(62) of the Exchange Act.\23\
---------------------------------------------------------------------------

    \20\ 17 CFR 249b.300.
    \21\ 17 CFR 240.17g-3.
    \22\ See Securities Exchange Act Release No. 64514 (May 18, 
2011), 76 FR 33420 (June 8, 2011) (File No. S7-18-11).
    \23\ 15 U.S.C. 78c(a)(62).
---------------------------------------------------------------------------

Security-Based Swap Data Repository

    The Dodd-Frank Act provided the Commission with broad authority to 
adopt rules governing security-based swap data repositories (``SDRs'') 
and to develop additional duties applicable to these SDRs. The 
Commission proposed Rule 13n-1 under the Exchange Act to establish the 
procedures by which SDRs could apply to the Commission for 
registration.\24\ This proposed rule provided that an application for 
the registration of an SDR must be filed electronically on proposed new 
Form SDR with the Commission. The definition of ``Security-Based Swap 
Data Repository'' being added to Form ID cross-references the 
definition in Section 3(a)(75) of the Exchange Act.\25\
---------------------------------------------------------------------------

    \24\ See Securities Exchange Act Release No. 63347 (November 19, 
2010), 75 FR 77306 (December 10, 2010) (File No. S7-35-10).
    \25\ See 15 U.S.C. 78c(a)(75) (as amended by Section 761 of the 
Dodd-Frank Act).
---------------------------------------------------------------------------

Security-Based Swap Dealer and Major Security-Based Swap Participant

    Section 761(a) of the Dodd-Frank Act amended Section 3(a) of the 
Exchange Act to add definitions for, among others, the terms 
``security-based swap dealer'' and ``major security-based swap 
participant.'' \26\ Section 15F of the Exchange Act, added by section 
764(a) of the Dodd-Frank Act, establishes requirements for registration 
and comprehensive oversight of security-based swap dealers and major 
security-

[[Page 55790]]

based swap participants.\27\ The definition of ``Major Security-Based 
Swap Participant'' that is being added to Form ID cross-references the 
definition in Section 3(a)(67)(A) of the Exchange Act.\28\ In addition, 
the definition of ``Security-Based Swap Dealer'' that is being added to 
Form ID cross-references the definition in Section 3(a)(71)(A) of the 
Exchange Act.\29\
---------------------------------------------------------------------------

    \26\ See Public Law 111-203, Sec.  761(a).
    \27\ 15 U.S.C. 78o-10 (as amended by Section 764(a) of the Dodd-
Frank Act).
    \28\ See 15 U.S.C. 78c(a)(67)(A) (as amended by Section 761 of 
the Dodd-Frank Act).
    \29\ See 15 U.S.C. 78c(a)(71)(A) (as amended by Section 761 of 
the Dodd-Frank Act).
---------------------------------------------------------------------------

Securities-Based Swap Execution Facility

    Section 761(a) of the Dodd-Frank Act amended Section 3(a) of the 
Exchange Act to add definitions for, among others, the term ``security-
based swap execution facility.'' \30\ In accordance with Section 763 of 
the Dodd-Frank Act, the Commission proposed Regulation SB SEF under the 
Exchange Act, which was designed to create a registration framework for 
security-based swap execution facilities (``SB SEFs'').\31\ Proposed 
rule 801(a) in Regulation SB SEF would require the registration 
application for SB SEFs to be filed electronically in a tagged data 
format with the Commission on Form SB SEF.\32\ The definition of a 
``Securities-Based Swap Execution Facility'' that is being added to 
Form ID cross-references the definition found in Section 3(a)(77) of 
the Exchange Act.\33\
---------------------------------------------------------------------------

    \30\ See Public. Law 111-203, Sec.  761(a).
    \31\ See Securities Exchange Act Release No. 63827 (February 2, 
2011), 76 FR 10948 (February 28, 2011) (File No. S7-06-11).
    \32\ Id.
    \33\ See 15 U.S.C. 78c(a)(77) (as amended by Section 763 of by 
the Dodd-Frank Act).
---------------------------------------------------------------------------

    The Commission believes that updating Form ID to add the above 
applicant types and related definitions will facilitate the processing 
of the form, including by routing Form ID filings to the appropriate 
internal office or division, and allow filers to promptly retrieve 
access codes and file in electronic format on EDGAR.

II. Procedural and Other Matters

    The Administrative Procedure Act (``APA'') \34\ generally requires 
an agency to publish, before adopting a rule, notice of a proposed 
rulemaking in the Federal Register.\35\ This requirement does not 
apply, however, to, ``interpretive rules, general statements of policy, 
or rules of agency organization, procedure, or practice.'' \36\ 
Further, the APA also generally requires that an agency publish a rule 
in the Federal Register 30 days before the rule becomes effective.\37\ 
This requirement, however does not apply where an agency finds good 
cause.\38\
---------------------------------------------------------------------------

    \34\ 5 U.S.C. 551 et seq.
    \35\ See 5 U.S.C. 553(b).
    \36\ Id.
    \37\ See 5 U.S.C. 553(d).
    \38\ Id.
---------------------------------------------------------------------------

    The Commission is amending Form ID to include new applicant types. 
These new applicant types are ``Investment Company, Business 
Development Company or Insurance Company Separate Account,'' 
``Institutional Investment Manager (13F Filer),'' ``Non-Investment 
Company Applicant under the Investment Company Act of 1940,'' ``Large 
Trader,'' ``Clearing Agency,'' ``Municipal Advisor,'' ``Municipal 
Securities Dealer,'' ``Nationally Recognized Statistical Rating 
Organization,'' ``Security-Based Swap Data Repository,'' ``Security-
Based Swap Dealer and Major Security-Based Swap Participant,'' and 
``Securities-Based Swap Execution Facility.'' The sole purpose of 
including these new applicant types is to improve the Commission's 
internal procedures for processing filings, including routing Form ID 
filings to the appropriate internal office or division. Accordingly, 
the Commission finds that because the amendments relate solely to rules 
of agency organization, procedure or practice, publishing the changes 
for comment is unnecessary.\39\
---------------------------------------------------------------------------

    \39\ For similar reasons, the amendments do not require analysis 
under the Regulatory Flexibility Act or analysis of major status 
under the Small Business Regulatory Enforcement Fairness Act. See 5 
U.S.C. 601(2) (for purposes of Regulatory Flexibility analyses, the 
term ``rule'' means any rule for which the agency publishes a 
general notice of proposed rulemaking) and 5 U.S.C. 804(3)(C) (for 
purposes of Congressional review of agency rulemaking, the term 
``rule'' does not include any rule of agency organization, 
procedure, or practice that does not substantially affect the rights 
or obligations of non-agency parties).
---------------------------------------------------------------------------

    The APA also generally requires publication of a rule in the 
Federal Register at least 30 days before its effective date unless the 
agency finds otherwise for good cause.\40\ As noted above, the 
amendments to Form ID are intended solely to improve the Commission's 
internal procedures for processing filings. These changes will not 
impose a new burden on any person to file the form with the Commission 
as the obligation to submit a Form ID arises from the requirement to 
make filings with the Commission through EDGAR in accordance with other 
rules and regulations issued by the Commission. Similarly, the 
amendments do not impose any burden on persons who have previously 
submitted a Form ID as these persons will not be required to re-file 
the Form ID to account for the inclusion of specific applicant types. 
These changes will allow the Commission to process Form IDs more 
efficiently and will reduce the likelihood of unnecessary delays in 
processing. For these reasons, the Commission finds good cause for 
these procedural amendments to take effect immediately.
---------------------------------------------------------------------------

    \40\ See 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

III. Paperwork Reduction Act

    Form ID, as in effect prior to these amendments, contains 
``collection of information'' requirements within the meaning of the 
Paperwork Reduction Act of 1995 (``PRA'').\41\ Specifically, there is a 
current approved collection of information for Form ID entitled ``EDGAR 
Form ID'' (Office of Management and Budget (``OMB'') Control No. 3235-
0328). 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.
---------------------------------------------------------------------------

    \41\ 44 U.S.C. et seq.
---------------------------------------------------------------------------

    We do not believe that the amendments to Form ID necessitate an 
increase or decrease in the current PRA burden estimates for Form ID. 
Specifically, respondents to Form ID previously were required to 
indicate whether they are submitting the form as a ``filer,'' ``filing 
agent,'' ``training agent,'' ``transfer agent,'' or ``individual.'' The 
amendments we are adopting today simply add new applicant types to 
reflect persons that currently file on EDGAR but who are not separately 
listed on Form ID. These new applicant types include ``Investment 
Company, Business Development Company or Insurance Company Separate 
Account,'' ``Institutional Investment Manager (Form 13F Filer),'' 
``Non-Investment Company Applicant under the Investment Company Act of 
1940,'' ``Large Trader,'' ``Clearing Agency,'' ``Municipal Advisor,'' 
``Municipal Securities Dealer,'' ``Nationally Recognized Statistical 
Rating Organization,'' ``Security-Based Swap Data Repository,'' 
``Security-Based Swap Dealer and Major Security-Based Swap 
Participant,'' and ``Securities-Based Swap Execution Facility.'' 
Respondents will continue to be required to select an appropriate 
applicant type, with the sole difference being that that the list of 
options will increase.
    The amendments to Form ID do not impose a new burden on any person 
to file the form with the Commission, nor do they impose any burden on 
persons who have previously submitted a Form

[[Page 55791]]

ID as these persons will not be required to re-file the Form ID to 
account for the inclusion of specific applicant types. The sole change 
being effected by these amendments will be that new registrants will be 
asked to indicate a specific applicant type when completing the Form 
ID. To the extent that these new registrants will be required to 
register with the Commission and make filings on EDGAR in accordance 
with other Commission rules and regulations, the PRA burdens associated 
with those obligations will be accounted for in the context of those 
other rules and regulations.
    The total estimated burden of filing a Form ID for a filer not 
currently subject to a requirement to file on EDGAR is 0.15 hours. For 
the reasons discussed above, we therefore believe that the overall 
information collection burden of Form ID would remain the same. As a 
result, we have not submitted the revisions to the collection of 
information to the Office of Management and Budget for review under 44 
U.S.C. 3507(d) and 5 CFR 1320.11.

IV. Economic Analysis

A. Consideration of Costs and Benefits

    The amendments to Form ID update the form to reflect the increased 
use of the EDGAR database by various persons and institutions regulated 
by the Commission. Some of these entities currently file on EDGAR in 
electronic format and others may be required to file on EDGAR in the 
future. The amendments will facilitate the Commission's process for 
reviewing and processing the form and, consequently, the ability of 
filers to promptly retrieve the access codes needed to file on EDGAR. 
We do not believe these amendments will impose any significant costs on 
non-agency parties.

B. Consideration of Burden on Competition and Promotion of Efficiency, 
Competition and Capital Formation

    Section 23(a) \42\ of the Exchange Act requires the Commission, 
when making rules and regulations under the Exchange Act, to consider 
the impact a new rule would have on competition. Section 23(a)(2) of 
the Exchange Act prohibits the Commission from adopting any rule that 
would impose a burden on competition not necessary or appropriate in 
furtherance of the purposes of the Exchange Act. Section 3(f) of the 
Exchange Act \43\ and Section 2(c) of the Investment Company Act \44\ 
require the Commission, when engaging in rulemaking that requires it to 
consider whether an action is necessary or appropriate in the public 
interest, to consider, in addition to the protection of investors, 
whether the action would promote efficiency, competition, and capital 
formation. We do not believe that the amendments to Form ID that 
reflect new entity applicant types will have any impact on competition.
---------------------------------------------------------------------------

    \42\ 15 U.S.C. 78w(a).
    \43\ 15 U.S.C. 78c(f).
    \44\ 15 U.S.C. 80a-2(c).
---------------------------------------------------------------------------

V. Statutory Authority

    We are adopting the amendments to Form ID under the authority in 
Section 19(a) \45\ of the Securities Act, Sections 3(b),\46\ 13(a),\47\ 
23(a),\48\ and 35A \49\ of the Exchange Act, Section 319 \50\ of the 
Trust Indenture Act of 1939 and Sections 30 \51\ and 38 \52\ of the 
Investment Company Act of 1940.
---------------------------------------------------------------------------

    \45\ 15 U.S.C. 77s(a).
    \46\ 15 U.S.C. 78c(b).
    \47\ 15 U.S.C. 78m(a).
    \48\ 15 U.S.C. 78w(a).
    \49\ 15 U.S.C. 78ll.
    \50\ 15 U.S.C. 77sss.
    \51\ 15 U.S.C. 80a-29.
    \52\ 15 U.S.C. 80a-37.
---------------------------------------------------------------------------

List of Subjects in 17 CFR Parts 239, 249, 269 and 274

    Reporting and recordkeeping requirements, Securities.

Text of Form Ammendments

    For the reasons set out in the preamble, the Commission amends 
title 17, chapter II, of the Code of Federal Regulations as follows.

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

0
1. The authority citation for part 239, continues to read, in part, as 
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3, 
77sss, 78c, 78l, 78m, 78n, 78o(d), 78u-5, 78w(a), 78ll, 78mm, 80a-
2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26, 80a-29, 
80a-30, 80a-37, and Pub. L. No. 111-203, Sec.  939A, 124 Stat. 1376, 
(2010) unless otherwise noted.
* * * * *

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
2. The authority citation for part 249 continues to read, in part, as 
follows:

    Authority: 15 U.S.C. 78a et seq., and 7201 et seq.; and 18 
U.S.C. 1350, unless otherwise noted.
* * * * *

PART 269--FORMS PRESCRIBED UNDER THE TRUST INDENTURE ACT OF 1939

0
3. The authority citation for part 269 continues to read as follows:

    Authority: 15 U.S.C. 77ddd(c), 77eee, 77ggg, 77hhh, 77iii, 
77jjj, 77sss, and 78ll(d), unless otherwise noted.

PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940

0
4. The authority citation for part 274 continues to read, in part, as 
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m, 
78n, 78o(d), 80a-8, 80a-24, 80a-26, and 80a-29, unless otherwise 
noted.
* * * * *
0
5. Form ID (referenced in Sec. Sec.  239.63, 249.446, 269.7 and 274.402 
of this chapter) is revised to read as set forth in the attached 
Appendix A.

    Dated: September 1, 2011.

    By the Commission.
Elizabeth M. Murphy,
Secretary.

    Note: The following Appendix A will not appear in the Code of 
Federal Regulations.

BILLING CODE 8011-01-P

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[[Page 55793]]


[GRAPHIC] [TIFF OMITTED] TR09SE11.017


[[Page 55794]]


[GRAPHIC] [TIFF OMITTED] TR09SE11.018


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[FR Doc. 2011-22895 Filed 9-8-11; 8:45 am]
BILLING CODE 8011-01-C
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