Proposed Collection; Comment Request, 12108-12109 [2013-03972]

Download as PDF 12108 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices manner and time prescribed for presentations may be limited, depending upon the number of parties that express interest in presenting information. DATES: March 7, 2013 from 2 p.m.–4 p.m. April 25, 2013 from 2 p.m.–4 p.m. June 27, 2013 from 2 p.m.–4 p.m. August 29, 2013 from 2 p.m.–4 p.m. October 31, 2013 from 2 p.m.–4 p.m. December 12, 2013 from 2 p.m.–4 p.m. Location: U.S. Office of Personnel Management, 1900 E St. NW., Washington, DC 20415. FOR FURTHER INFORMATION CONTACT: Veronica E. Villalobos, Director for the Office of Diversity and Inclusion, Office of Personnel Management, 1900 E St. NW., Suite 5H35, Washington, DC 20415. Phone (202) 606–0020 Fax (202) 606–2183 or email at veronica.villalobos@opm.gov. U.S. Office of Personnel Management. John Berry, Director. BILLING CODE 6325–46–P POSTAL REGULATORY COMMISSION [Docket No. CP2013–1; Order No. 1659] New Postal Product; Negotiated Service Agreement Postal Regulatory Commission. Notice. AGENCY: The Commission is noticing a recent Postal Service filing concerning an amendment to the existing Express Mail & Priority Mail Contract 11 Negotiated Service Agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: February 21, 2013. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. SUMMARY: erowe on DSK2VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Contents of Filing VerDate Mar<15>2010 14:47 Feb 20, 2013 I. Introduction On February 13, 2013, the Postal Service filed notice that it has agreed to an amendment to the existing Express Mail & Priority Mail Contract 11 subject to this docket.1 The Postal Service includes one attachment in support of its Notice: • Attachment A—a redacted copy of the amendment to the existing Express Mail & Priority Mail Contract 11. The Postal Service also filed the unredacted amendment under seal. It asserts that the ‘‘supporting financial documentation and financial certification initially provided in this docket remain applicable.’’ Id. at 1. It also seeks to incorporate by reference the Application for Non-Public Treatment originally filed in this docket for the protection of customeridentifying information that it has filed under seal. Id. The amendment changes the definition of the term ‘‘Contract Quarters’’ to provide that the first contract quarter begins on October 1 rather than July 1. Id. Attachment A at 1. The Postal Service intends for the amendment to become effective on the day after the date that the Commission completes its review of the Notice. Id. 3. Comments by interested persons in these proceedings are due no later than February 21, 2013. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Ruth Ann Abrams, Acting Secretary. [FR Doc. 2013–03900 Filed 2–20–13; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Rule 17a–5; SEC File No. 270–155, OMB Control No. 3235–0123. Jkt 229001 III. Ordering Paragraphs It is ordered: 1. The Commission shall review the Notice of United States Postal Service of Amendment to Express Mail & Priority Mail Contract 11 with Portions Filed Under Seal, filed on February 13, 2013 in Docket No. CP2013–1. 2. Pursuant to 39 U.S.C. 505, Lawrence E. Fenster is appointed to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding. 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’’) is soliciting comments on the existing collection of information provided for in Rule 17a–5 (17 CFR 240.17a–5), under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission plans to submit this existing collection of information to the Office of Management and Budget (‘‘OMB’’) for extension and approval. Rule 17a–5 is the basic financial reporting rule for brokers and dealers.1 The Rule requires the filing of Form X– 17A–5, the Financial and Operational Combined Uniform Single Report (‘‘FOCUS Report’’), which was the result of years of study and comments by representatives of the securities industry through advisory committees and through the normal rule proposal methods. The FOCUS Report was designed to eliminate the overlapping regulatory reports required by various self-regulatory organizations and the Commission and to reduce reporting burdens as much as possible. The Rule also requires the filing of an annual audited report of financial statements. The FOCUS Report consists of: (1) Part I, which is a monthly report that must be filed by brokers or dealers that clear transactions or carry customer securities; (2) one of three alternative quarterly reports: Part II, which must be 1 Notice of United States Postal Service of Amendment to Express Mail & Priority Mail Contract 11, With Portions Filed Under Seal, February 13, 2013 (Notice). [FR Doc. 2013–03961 Filed 2–20–13; 8:45 am] ACTION: III. Ordering Paragraphs 1 Rule 17a–5(c) requires a broker or dealer to furnish certain of its financial information to customers and is subject to a separate PRA filing (OMB Control Number 3235–0199). II. Notice of Filings Interested persons may submit comments on whether the changes presented in the Postal Service’s Notice are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 CFR part 3020, subpart B. Comments are due no later than February 21, 2013. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints Lawrence E. Fenster to serve as Public Representative in this docket. PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\21FEN1.SGM 21FEN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices filed by brokers or dealers that clear transactions or carry customer securities; Part IIA, which must be filed by brokers or dealers that do not clear transactions or carry customer securities; and Part IIB, which must be filed by specialized broker-dealers registered with the Commission as OTC derivatives dealers; 2 (3) supplemental schedules, which must be filed annually; and (4) a facing page, which must be filed with the annual audited report of financial statements. Under the Rule, a broker or dealer that computes certain of its capital charges in accordance with Appendix E to Exchange Act Rule 15c3–1 must file additional monthly, quarterly, and annual reports with the Commission. The variation in the size and complexity of brokers and dealers subject to Rule 17a–5 and the differences in the FOCUS Report forms that must be filed under the Rule make it difficult to calculate the cost of compliance. However, we estimate that, on average, each report will require approximately 12 hours. At year-end 2011, the Commission estimates that there were approximately 4,802 brokers or dealers, and that of those firms there were approximately 513 brokers or dealers that clear transactions or carry customer securities. The Commission therefore estimates that approximately 513 firms filed monthly reports, approximately 4,134 firms filed quarterly reports, and approximately 63 firms filed annual reports. In addition, approximately 4,650 firms filed annual audited reports. As a result, there were approximately 27,405 total annual responses ((513 × 12) + (4,134 × 4) + 63 + 4,650 = 27,405). This results in an estimated annual burden of 328,860 hours (27,405 annual responses × 12 hours = 328,860). In addition, we estimate that approximately 9 brokers or dealers will elect to use Appendix E to Rule 15c3– 1 to compute certain of their capital charges (as of September 2012, six brokers or dealers have elected to use Appendix E). We estimate that the average amount of time necessary to prepare and file the additional monthly reports that must be filed by these firms is about 4 hours per month, or approximately 48 hours per year; the average amount of time necessary to prepare and file the additional quarterly reports is about 8 hours per quarter, or approximately 32 hours per year; and the average amount of time necessary to 2 Part IIB of Form X–17A–5 must be filed by OTC derivatives dealers under Exchange Act Rule 17a– 12 and is subject to a separate PRA filing (OMB Control Number 3235–0498). VerDate Mar<15>2010 14:47 Feb 20, 2013 Jkt 229001 prepare and file the additional supplemental reports with the annual audit required is approximately 40 hours per year. Consequently, we estimate that the total additional annual burden for these 9 brokers or dealers is approximately 1,080 hours ((48 + 32 + 40) × 9 = 1,080). The Commission therefore estimates that the total annual burden under Rule 17a–5 is approximately 330,000 hours (328,860 + 1,080 = 329,940, rounded to 330,000). 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 estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. The Commission may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. Please direct your written comments to: Thomas Bayer, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi PavlikSimon, 6432 General Green Way, Alexandria, Virginia 22312 or send an email to PRA_Mailbox@sec.gov. Dated: February 15, 2013. Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2013–03972 Filed 2–20–13; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–68934; File No. TP 13–06] Order Extending Temporary Exemptions From Certain Rules of Regulation SHO Related to Hurricane Sandy February 14, 2013. On December 12, 2012, the Commission issued an order (the ‘‘Order’’) pursuant to Section 36 of the PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 12109 Securities Exchange Act of 1934 (‘‘Exchange Act’’) granting exemptions from certain requirements of Regulation SHO under the Exchange Act 1 in response to the impact of Hurricane Sandy on the Depository Trust & Clearing Corporation vault at 55 Water Street in Manhattan (the ‘‘Vault’’).2 Specifically, the Order granted exemptions from the ‘‘locate,’’ short sale price test, and close-out requirements of Regulation SHO for sales of Vault Securities.3 The Order specified that, absent further action by the Commission, these exemptions would expire on February 1, 2013. SIFMA has requested an extension until May 5, 2013, because the process for restoring Vault Securities is not complete at the present time.4 As a result, SIFMA states that sales of Vault Securities continue to experience settlement delays that have implications for compliance with Regulation SHO. For this reason and the reasons stated in the Order, the Commission finds that extending the Order, pursuant to our authority under Section 36 of the Exchange Act,5 is appropriate in the public interest, and is consistent with the protection of investors. Therefore, it is ordered, pursuant to Section 36 of the Exchange Act, that the Order is extended until 11:59 p.m. E.D.T. on May 5, 2013. The temporary exemptions granted in the Order and extended herein are subject to modification or revocation if at any time the Commission determines that such action is necessary or appropriate in furtherance of the purposes of the Exchange Act. In addition, persons relying on this order are directed to the anti-fraud and anti1 17 CFR 242.200 et seq. Granting Exemptions from Certain Rules of Regulation SHO Related to Hurricane Sandy, Exchange Act Release No. 68419 (Dec. 12, 2012), 77 FR 74891 (Dec. 18, 2012). 3 The Order defines ‘‘Vault Securities’’ as owned securities, represented by physical certificates held in the Vault at the time Hurricane Sandy made landfall and whose settlement depends on the delivery of such physical certificates (or documentation with equivalent effect). 4 See Letter from Theodore R. Lazo, Managing Director and Associate General Counsel, Securities Industry and Financial Markets Association, dated February 14, 2013. SIFMA informally contacted Commission staff on January 31, 2013, to discuss the possibility of extending the temporary exemptions. 5 Subject to certain exceptions, Section 36 of the Exchange Act authorizes the Commission, by rule, regulation, or order, to conditionally or unconditionally exempt any person, security, or transaction, or any class or classes of persons, securities, or transactions, from any provision or provisions of the Exchange Act or any rule or regulation thereunder, to the extent that such exemption is necessary or appropriate in the public interest, and is consistent with the protection of investors. 15 U.S.C. 78mm. 2 Order E:\FR\FM\21FEN1.SGM 21FEN1

Agencies

[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Pages 12108-12109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03972]


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SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange 
Commission, Office of Investor Education and Advocacy, Washington, DC 
20549-0213.

Extension:
    Rule 17a-5; SEC File No. 270-155, OMB Control No. 3235-0123.

    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'') is soliciting comments on the existing 
collection of information provided for in Rule 17a-5 (17 CFR 240.17a-
5), under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). 
The Commission plans to submit this existing collection of information 
to the Office of Management and Budget (``OMB'') for extension and 
approval.
    Rule 17a-5 is the basic financial reporting rule for brokers and 
dealers.\1\ The Rule requires the filing of Form X-17A-5, the Financial 
and Operational Combined Uniform Single Report (``FOCUS Report''), 
which was the result of years of study and comments by representatives 
of the securities industry through advisory committees and through the 
normal rule proposal methods. The FOCUS Report was designed to 
eliminate the overlapping regulatory reports required by various self-
regulatory organizations and the Commission and to reduce reporting 
burdens as much as possible. The Rule also requires the filing of an 
annual audited report of financial statements.
---------------------------------------------------------------------------

    \1\ Rule 17a-5(c) requires a broker or dealer to furnish certain 
of its financial information to customers and is subject to a 
separate PRA filing (OMB Control Number 3235-0199).
---------------------------------------------------------------------------

    The FOCUS Report consists of: (1) Part I, which is a monthly report 
that must be filed by brokers or dealers that clear transactions or 
carry customer securities; (2) one of three alternative quarterly 
reports: Part II, which must be

[[Page 12109]]

filed by brokers or dealers that clear transactions or carry customer 
securities; Part IIA, which must be filed by brokers or dealers that do 
not clear transactions or carry customer securities; and Part IIB, 
which must be filed by specialized broker-dealers registered with the 
Commission as OTC derivatives dealers; \2\ (3) supplemental schedules, 
which must be filed annually; and (4) a facing page, which must be 
filed with the annual audited report of financial statements. Under the 
Rule, a broker or dealer that computes certain of its capital charges 
in accordance with Appendix E to Exchange Act Rule 15c3-1 must file 
additional monthly, quarterly, and annual reports with the Commission.
---------------------------------------------------------------------------

    \2\ Part IIB of Form X-17A-5 must be filed by OTC derivatives 
dealers under Exchange Act Rule 17a-12 and is subject to a separate 
PRA filing (OMB Control Number 3235-0498).
---------------------------------------------------------------------------

    The variation in the size and complexity of brokers and dealers 
subject to Rule 17a-5 and the differences in the FOCUS Report forms 
that must be filed under the Rule make it difficult to calculate the 
cost of compliance. However, we estimate that, on average, each report 
will require approximately 12 hours. At year-end 2011, the Commission 
estimates that there were approximately 4,802 brokers or dealers, and 
that of those firms there were approximately 513 brokers or dealers 
that clear transactions or carry customer securities. The Commission 
therefore estimates that approximately 513 firms filed monthly reports, 
approximately 4,134 firms filed quarterly reports, and approximately 63 
firms filed annual reports. In addition, approximately 4,650 firms 
filed annual audited reports. As a result, there were approximately 
27,405 total annual responses ((513 x 12) + (4,134 x 4) + 63 + 4,650 = 
27,405). This results in an estimated annual burden of 328,860 hours 
(27,405 annual responses x 12 hours = 328,860).
    In addition, we estimate that approximately 9 brokers or dealers 
will elect to use Appendix E to Rule 15c3-1 to compute certain of their 
capital charges (as of September 2012, six brokers or dealers have 
elected to use Appendix E). We estimate that the average amount of time 
necessary to prepare and file the additional monthly reports that must 
be filed by these firms is about 4 hours per month, or approximately 48 
hours per year; the average amount of time necessary to prepare and 
file the additional quarterly reports is about 8 hours per quarter, or 
approximately 32 hours per year; and the average amount of time 
necessary to prepare and file the additional supplemental reports with 
the annual audit required is approximately 40 hours per year. 
Consequently, we estimate that the total additional annual burden for 
these 9 brokers or dealers is approximately 1,080 hours ((48 + 32 + 40) 
x 9 = 1,080).
    The Commission therefore estimates that the total annual burden 
under Rule 17a-5 is approximately 330,000 hours (328,860 + 1,080 = 
329,940, rounded to 330,000).
    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 
estimate of the burden of the proposed collection of information; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology. 
Consideration will be given to comments and suggestions submitted in 
writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of 
information unless it displays a currently valid control number. No 
person shall be subject to any penalty for failing to comply with a 
collection of information subject to the PRA that does not display a 
valid OMB control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi 
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312 or 
send an email to PRA_Mailbox@sec.gov.

    Dated: February 15, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-03972 Filed 2-20-13; 8:45 am]
BILLING CODE 8011-01-P
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