Submission for OMB Review; Comment Request, 44983-44984 [2013-17840]
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Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Notices
calculation and transfer of the assumed
federal income tax. The Commission is
also issuing a related issuing an
information request directed to the
Postal Service. Following receipt of the
Postal Service’s responses, the
Commission may take further steps,
including issuance of a notice of inquiry
or an invitation for public comment.
This notice informs the public of this
proceeding and the information request
and takes other administrative steps.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Background
III. Public Inquiry
IV. Public Representative
V. Ordering Paragraphs
I. Introduction
In the Fiscal Year (FY) 2012 Annual
Compliance Determination Report
(ACD), the Commission found that
transfers between the Postal Service
Fund and the Competitive Products
Fund raised several issues of first
impression.1 The Commission stated
that it would initiate a proceeding to
review transfers from the Postal Service
Fund to the Competitive Products Fund,
the use of amounts from the
Competitive Products Fund to prepay
competitive products’ future years’
institutional costs, and the calculation
and transfer of the assumed federal
income tax. Id. (citing 39 U.S.C.
2011(h)(2)(C)(ii) and 39 CFR 3060.42).
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II. Background
In Docket No. ACR2012, the
Commission found that beginning in
October 2012, the National Trial
Balance showed a zero balance for
Account Number 12010.000
Competitive Products Investments
Fund, and the corresponding
Competitive Products Fund line item
was eliminated from Table III-Detail of
Treasury Securities Outstanding of the
Monthly Statement of the Public Debt of
the United States.2 The Postal Service
informed the Commission that the zero
balance likely resulted from a transfer of
the balance in the Competitive Products
Fund to the Postal Service Fund to
prepay competitive products’ shares of
1 Docket No. ACR2012, Annual Compliance
Determination Report Fiscal Year 2012, March 28,
2013, at 175 (FY 2012 ACD).
2 See Docket No. ACR2012, Chairman’s
Information Request No. 8, February 8, 2013, at 5.
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13:49 Jul 24, 2013
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future years’ institutional costs.3 The
zero balance in the Competitive
Products Fund raised concerns that the
Postal Service would be unable to
comply with 39 U.S.C. 3634, which
requires that the Postal Service transfer
the assumed federal income tax on
competitive products for the previous
fiscal year from the Competitive
Products Fund to the Postal Service
Fund by January 15th each year.
The Postal Service explained that on
October 12, 2012, it transferred the
balance of the Competitive Products
Fund to the Postal Service Fund. Id. The
Postal Service stated that the assumed
federal income tax transfer occurred on
January 10, 2013 by transferring the
amount representing the Net Income
after Tax from the Postal Service Fund
to the Competitive Products Fund. Id. at
question 9. The Postal Service stated
that this transfer was mathematically
identical to transferring the Net Income
before Tax from the Postal Service Fund
to the Competitive Products Fund so
that the assumed federal income tax
could be transferred back from the
Competitive Products Fund to the Postal
Service Fund. Id. Therefore, on January
10, 2013, the Postal Service transferred
the FY 2012 Net Income after Tax
amount of $525,564,000 from the Postal
Service Fund to the Competitive
Products Fund. Id. On January 11, 2013,
as an additional prepayment of
competitive products’ shares of future
years’ institutional costs, the Postal
Service transferred the balance of the
Competitive Products Fund to the Postal
Service Fund. Id.
III. Public Inquiry
Since the issues associated with these
transfers were not within the scope of
the ACD, the Commission stated that it
would initiate a proceeding to review
transfers of amounts from the Postal
Service Fund to the Competitive
Products Fund, the use of amounts from
the Competitive Products Fund to
prepay competitive products’ future
years’ institutional costs, and the
calculation and transfer of the assumed
federal income tax. FY 2012 ACD at 175
(citing 39 U.S.C. 2011(h)(2)(C)(ii) and 39
CFR 3060.42). To foster transparency,
the Commission establishes Docket No.
PI2013–1 to review these issues.
Commission Information Request No.
1 (CIR No. 1) is issued
contemporaneously with this Notice. It
seeks further clarification from the
Postal Service on the issues described in
3 Docket No. ACR2012, Responses of the United
States Postal Service to Questions 1–6 and 8–13 of
Chairman’s Information Request No. 8, February 15,
2013, at question 8 (ACD CHIR Response).
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44983
this Notice in order to increase
transparency and develop a more
complete record. After the Commission
has received the Postal Service’s
responses, the Commission may issue a
Notice of Inquiry or invite public
comment.
IV. Public Representative
Section 505 of title 39 requires
designation of an officer of the
Commission in all public proceedings to
represent the interests of the general
public. The Commission hereby
designates Richard A. Oliver as Public
Representative in this proceeding.
V. Ordering Paragraphs
It is ordered:
1. The Commission hereby establishes
Docket No. PI2013–1 to review the
issues related to the Competitive
Products Fund set forth in the
Commission’s FY 2012 Annual
Compliance Determination.
2. Richard A. Oliver is designated as
the Public Representative to represent
the interests of the general public in this
proceeding.
3. The Secretary shall arrange for
publication of this notice in the Federal
Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2013–17838 Filed 7–24–13; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Form N–SAR. OMB Control No. 3235–
0330, SEC File No. 270–292.
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 (the
‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
Form N–SAR (OMB Control No.
3235–0330, 17 CFR 249.330) is the form
used by all registered investment
companies with the exception of face
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25JYN1
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44984
Federal Register / Vol. 78, No. 143 / Thursday, July 25, 2013 / Notices
amount certificate companies, to
comply with the periodic filing and
disclosure requirements imposed by
Section 30 of the Investment Company
Act of 1940 (15 U.S.C. 80a–1 et seq.)
(‘‘Investment Company Act’’), and of
rules 30a–1 and 30b1–1 thereunder (17
CFR 270.30a–1 and 17 CFR 270.30b1–1).
The information required to be filed
with the Commission assures the public
availability of the information and
permits verification of compliance with
Investment Company Act requirements.
Registered unit investment trusts are
required to provide this information on
an annual report filed with the
Commission on Form N–SAR pursuant
to rule 30a–1 under the Investment
Company Act, and registered
management investment companies
must submit the required information
on a semi-annual report on Form N–
SAR pursuant to rule 30b1–1 under the
Investment Company Act.
The Commission estimates that the
total number of respondents is 3,270
and the total annual number of
responses is 5,770 ((2,500 management
investment company respondents × 2
responses per year) + (770 unit
investment trust respondents × 1
response per year)). The Commission
estimates that each registrant filing a
report on Form N–SAR would spend, on
average, approximately 14.25 hours in
preparing and filing reports on Form N–
SAR and that the total hour burden for
all filings on Form N–SAR would be
82,223 hours.
The collection of information under
Form N–SAR is mandatory. Responses
to the collection of information will not
be kept confidential. 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 control number.
The public may view the background
documentation for this information
collection at the following Web site,
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to:
Shagufta_Ahmed@omb.eop.gov; and (ii)
Thomas Bayer, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE., Washington,
DC 20549 or send an email to:
PRA_Mailbox@sec.gov. Comments must
be submitted to OMB within 30 days of
this notice.
VerDate Mar<15>2010
13:49 Jul 24, 2013
Jkt 229001
Dated: July 19, 2013.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–17840 Filed 7–24–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–70010; File No. SR–CTA/
CQ–2013–04]
Consolidated Tape Association; Notice
of Filing and Immediate Effectiveness
of the Nineteenth Charges Amendment
to the Second Restatement of the CTA
Plan and Eleventh Charges
Amendment to the Restated CQ Plan
July 19, 2013.
Pursuant to Section 11A of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 608 thereunder,2
notice is hereby given that on July 10,
2013, the Consolidated Tape
Association (‘‘CTA’’) Plan and
Consolidated Quotation (‘‘CQ’’) Plan
participants (‘‘Participants’’) 3 filed with
the Securities and Exchange
Commission (‘‘Commission’’) a proposal
to amend the Second Restatement of the
CTA Plan and Restated CQ Plan
(collectively, the ‘‘Plans’’).4 The
amendments (‘‘June Fee Simplification
Amendments’’) respond to requests
from industry representatives that sit on
the Plans’ Advisory Committees that the
Participants simplify the Plans’ existing
market data fee schedules and reduce
associated administrative burdens. The
U.S.C. 78k–1.
CFR 242.608.
3 Each participant executed the proposed
amendment. The Participants are: BATS Exchange,
Inc., BATS–Y Exchange, Inc., Chicago Board
Options Exchange, Incorporated, Chicago Stock
Exchange, Inc., EDGA Exchange, Inc. (‘‘EDGA’’),
EDGX Exchange, Inc. (‘‘EDGX’’), Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’), International
Securities Exchange, LLC, NASDAQ OMX BX, Inc.
(‘‘Nasdaq BX’’), NASDAQ OMX PHLX, Inc.
(‘‘Nasdaq PSX’’), Nasdaq Stock Market LLC,
National Stock Exchange, New York Stock
Exchange LLC (‘‘NYSE’’), NYSE MKT LLC (formerly
NYSE Amex, Inc.), and NYSE Arca, Inc. (‘‘NYSE
Arca’’).
4 See Securities Exchange Act Release Nos. 10787
(May 10, 1974), 39 FR 17799 (May 20, 1974)
(declaring the CTA Plan effective); 15009 (July 28,
1978), 43 FR 34851 (August 7, 1978) (temporarily
authorizing the CQ Plan); and 16518 (January 22,
1980), 45 FR 6521 (January 28, 1980) (permanently
authorizing the CQ Plan). The most recent
restatement of both Plans was in 1995. The CTA
Plan, pursuant to which markets collect and
disseminate last sale price information for nonNASDAQ listed securities, is a ‘‘transaction
reporting plan’’ under Rule 601 under the Act, 17
CFR 242.601, and a ‘‘national market system plan’’
under Rule 608 under the Act, 17 CFR 242.608. The
CQ Plan, pursuant to which markets collect and
disseminate bid/ask quotation information for listed
securities, is a ‘‘national market system plan’’ under
Rule 608 under the Act, 17 CFR 242.608.
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1 15
2 17
Frm 00063
Fmt 4703
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Advisory Committee consists of
individuals representing the key market
data customer segments, including retail
brokers, broker-dealers, alternative
trading systems and vendors. Acting on
the recommendations of the Advisory
Committee, the Participants seek to
compress the current 14-tier Network A
device rate schedule into just four tiers,
consolidate the Plans’ eight fee
schedules into one, update that fee
schedule, and realign the Plans’ charges
more closely with the services the Plans
provide (collectively, the ‘‘Fee
Changes’’), without materially changing
the revenues the current fee schedules
generate.
The Participants first introduced the
Fee Changes in the Sixteenth Charges
Amendment to the CTA Plan 5, as
modified by the Seventeenth Charges
Amendment to the CTA Plan 6 and in
the Eighth Charges Amendment to the
CQ Plan 7, as modified by the Ninth
Charges Amendment to the CQ Plan 8
(collectively, the ‘‘March Fee
Simplification Amendments’’). On May
10, 2013, the Participants filed
Amendments to reverse the Fee Changes
introduced in the March Fee
Simplification Amendments in the
Eighteenth Charges Amendment to the
CTA Plan 9 and the Tenth Charges
Amendment to the CQ Plan (‘‘Reversal
Amendments’’) 10. The June Fee
Simplification Amendments propose to
re-introduce them.
The Commission received two
comment letters regarding the Sixteenth
Charges Amendment to the CTA Plan
and the Eighth Charges Amendment to
the CQ Plan 11 and received one
comment letter regarding the
Seventeenth Charges Amendment to the
CQ Plan and the Ninth Charges
Amendment to the CQ Plan.12
Pursuant to Rule 608(b)(3)(i) under
Regulation NMS,13 the Participants
5 See Securities Exchange Act Release No. 69157
(March 18, 2013), 78 FR 17946 (March 25, 2013)
(File No. SR–CTA/CQ–2013–01).
6 See Securities Exchange Act Release No. 69318
(April 5, 2013), 78 FR 21648 (April 11, 2013) (File
No. SR–CTA/CQ–2013–02).
7 See supra note 5.
8 See supra note 6.
9 See Securities Exchange Act Release No. 69593
(May 16, 2013), 78 FR 30365 (May 22, 2013) (File
No. SR–CTA/CQ–2013–03)
10 See id.
11 See Letter to Elizabeth M. Murphy, Secretary,
Commission, from Henry Schwartz, President and
Founder, Trade Alert LLC (‘‘Trade Alerts’’), dated
March 20, 2013 (‘‘Trade Alerts Letter’’) and from
Kimberly Unger, Esq., CEO and Executive Director,
The Security Traders Association of New York, Inc.
(‘‘STANY’’), dated April 10, 2013 (‘‘STANY
Letter’’).
12 See Letter to the Commission from James
Smith, Director, Hoffman Estates, IL, dated April 8,
2013.
13 17 CFR 242.608(b)(3)(i).
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Agencies
[Federal Register Volume 78, Number 143 (Thursday, July 25, 2013)]
[Notices]
[Pages 44983-44984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17840]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Submission for OMB Review; Comment Request
Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.
Extension:
Form N-SAR. OMB Control No. 3235-0330, SEC File No. 270-292.
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 (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget (``OMB'') for extension and approval.
Form N-SAR (OMB Control No. 3235-0330, 17 CFR 249.330) is the form
used by all registered investment companies with the exception of face
[[Page 44984]]
amount certificate companies, to comply with the periodic filing and
disclosure requirements imposed by Section 30 of the Investment Company
Act of 1940 (15 U.S.C. 80a-1 et seq.) (``Investment Company Act''), and
of rules 30a-1 and 30b1-1 thereunder (17 CFR 270.30a-1 and 17 CFR
270.30b1-1). The information required to be filed with the Commission
assures the public availability of the information and permits
verification of compliance with Investment Company Act requirements.
Registered unit investment trusts are required to provide this
information on an annual report filed with the Commission on Form N-SAR
pursuant to rule 30a-1 under the Investment Company Act, and registered
management investment companies must submit the required information on
a semi-annual report on Form N-SAR pursuant to rule 30b1-1 under the
Investment Company Act.
The Commission estimates that the total number of respondents is
3,270 and the total annual number of responses is 5,770 ((2,500
management investment company respondents x 2 responses per year) +
(770 unit investment trust respondents x 1 response per year)). The
Commission estimates that each registrant filing a report on Form N-SAR
would spend, on average, approximately 14.25 hours in preparing and
filing reports on Form N-SAR and that the total hour burden for all
filings on Form N-SAR would be 82,223 hours.
The collection of information under Form N-SAR is mandatory.
Responses to the collection of information will not be kept
confidential. 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 control number.
The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to: Shagufta_Ahmed@omb.eop.gov; and (ii) Thomas Bayer, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100
F Street NE., Washington, DC 20549 or send an email to: PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30 days of
this notice.
Dated: July 19, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-17840 Filed 7-24-13; 8:45 am]
BILLING CODE 8011-01-P