Proposed Collection; Comment Request, 25629-25630 [2014-10142]
Download as PDF
Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Notices
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment
submissions. Your request should state
that the NRC does not routinely edit
comment submissions to remove such
information before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
emcdonald on DSK67QTVN1PROD with NOTICES
II. Further Information
The NRC seeks public comment on
the proposed new section of SRP 13.7.2.
This section has been developed to
assist NRC staff with the review of
applications for certain construction
permits, early site permits, licenses,
license amendments, and combined
licenses and to inform new reactor
applicants and other affected entities of
proposed SRP guidance regarding an
acceptable method by which to evaluate
a proposed FFD program for compliance
with Part 26 of Title 10 of the Code of
Federal Regulations (10 CFR).
Following NRC staff evaluation of
public comments, the NRC intends to
finalize SRP 13.7.2, Revision 0 in
ADAMS and post on the NRC’s public
Web site within the link for NUREG–
0800. The SRP is guidance for the NRC
staff. The SRP is not a substitute for the
NRC regulations, and compliance with
the SRP is not required.
III. Backfitting and Issue Finality
Issuance of this draft SRP, if finalized,
would not constitute backfitting as
defined in 10 CFR 50.109 (the Backfit
Rule) or otherwise be inconsistent with
the issue finality provisions in 10 CFR
Part 52. The NRC’s position is based
upon the following considerations.
1. The draft SRP positions, if
finalized, would not constitute
backfitting, inasmuch as the SRP is
internal guidance to NRC staff.
The SRP provides internal guidance
to the NRC staff on how to review an
application for NRC regulatory approval
in the form of licensing. Changes in
internal staff guidance are not matters
for which either nuclear power plant
applicants or licensees are protected
under either the Backfit Rule or the
issue finality provisions of 10 CFR Part
52.
2. The NRC staff has no intention to
impose the SRP positions on existing
licensees either now or in the future.
The NRC staff does not intend to
impose or apply the positions described
in the draft SRP to existing licenses and
regulatory approvals. Hence, the
VerDate Mar<15>2010
17:56 May 02, 2014
Jkt 232001
issuance of a final SRP—even if
considered guidance within the purview
of the issue finality provisions in 10
CFR Part 52—would not need to be
evaluated as if it were a backfit or as
being inconsistent with issue finality
provisions. If, in the future, the NRC
staff seeks to impose a position in the
SRP on holders of already issued
licenses in a manner that does not
provide issue finality as described in the
applicable issue finality provision, then
the staff must make the showing as set
forth in the Backfit Rule or address the
criteria for avoiding issue finality as
described in the applicable issue finality
provision.
3. Backfitting and issue finality do
not—with limited exceptions not
applicable here—protect current or
future applicants.
Applicants and potential applicants
are not, with certain exceptions,
protected by either the Backfit Rule or
any issue finality provisions under 10
CFR Part 52. Neither the Backfit Rule
nor the issue finality provisions under
10 CFR Part 52—with certain
exclusions—were intended to apply to
every NRC action that substantially
changes the expectations of current and
future applicants. The exceptions to the
general principle are applicable
whenever an applicant references a 10
CFR Part 52 license (e.g., an early site
permit) and/or NRC regulatory approval
(e.g., a design certification rule) with
specified issue finality provisions. The
NRC staff does not, at this time, intend
to impose the positions represented in
the draft SRP in a manner that is
inconsistent with any issue finality
provisions. If, in the future, the staff
seeks to impose a position in the draft
SRP in a manner that does not provide
issue finality as described in the
applicable issue finality provision, then
the staff must address the criteria for
avoiding issue finality as described in
the applicable issue finality provision.
Dated at Rockville, Maryland, this 22nd
day of April 2014.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced
Reactors and Rulemaking, Office of New
Reactors.
[FR Doc. 2014–10217 Filed 5–2–14; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
25629
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: U.S. Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Rule 15g–2, SEC File No. 270–381, OMB
Control No. 3235–0434.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (‘‘PRA’’), the
Securities and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
provided for in Rule 15g–2 (17 CFR
240.15g–2) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.) (‘‘Exchange Act’’). The
Commission plans to submit this
existing collection of information to the
Office of Management and Budget
(‘‘OMB’’) for extension and approval.
Rule 15g–2 (The ‘‘Penny Stock
Disclosure Rule’’) requires brokerdealers to provide their customers with
a risk disclosure document, as set forth
in Schedule 15G, prior to their first nonexempt transaction in a ‘‘penny stock.’’
As amended, the rule requires brokerdealers to obtain written
acknowledgement from the customer
that he or she has received the required
risk disclosure document. The amended
rule also requires broker-dealers to
maintain a copy of the customer’s
written acknowledgement for at least
three years following the date on which
the risk disclosure document was
provided to the customer, the first two
years in an accessible place. Rule 15g–
2 also requires a broker-dealer, upon
request of a customer, to furnish the
customer with a copy of certain
information set forth on the
Commission’s Web site.
The risk disclosure documents are for
the benefit of the customers, to assure
that they are aware of the risks of
trading in ‘‘penny stocks’’ before they
enter into a transaction. The risk
disclosure documents are maintained by
the broker-dealers and may be reviewed
during the course of an examination by
the Commission.
There are approximately 221 brokerdealers that could potentially be subject
to current Rule 15g–2. The Commission
estimates that approximately 5% of
registered broker-dealers are engaged in
penny stock transactions, and thereby
subject to the Rule (5% × approximately
4,410 registered broker-dealers = 221
broker-dealers). The Commission
E:\FR\FM\05MYN1.SGM
05MYN1
emcdonald on DSK67QTVN1PROD with NOTICES
25630
Federal Register / Vol. 79, No. 86 / Monday, May 5, 2014 / Notices
estimates that each one of these firms
processes an average of three new
customers for penny stocks per week.
Thus, each respondent processes
approximately 156 penny stock
disclosure documents per year. If
communications in tangible form alone
are used to satisfy the requirements of
Rule 15g–2, then the copying and
mailing of the penny stock disclosure
document takes no more than two
minutes. Thus, the total associated
burden is approximately 2 minutes per
response, or an aggregate total of 312
minutes per respondent. Since there are
221 respondents, the current annual
burden is 68,952 minutes (312 minutes
per each of the 221 respondents) or
1,150 hours for this third party
disclosure burden. In addition, brokerdealers incur a recordkeeping burden of
approximately two minutes per
response when filing the completed
penny stock disclosure documents as
required pursuant to the Rule
15(g)(2)(c), which requires a brokerdealer to preserve a copy of the written
acknowledgement pursuant to Rule
17a–4(b) of the Exchange Act. Since
there are approximately 156 responses
for each respondent, the respondents
incur an aggregate recordkeeping
burden of 68,952 minutes (221
respondents × 156 responses for each ×
2 minutes per response) or 1,150 hours,
under Rule 15g–2. Accordingly, the
current aggregate annual hour burden
associated with Rule 15g–2 (assuming
that all respondents provide tangible
copies of the required documents) is
approximately 2,300 hours (1,150 third
party disclosure hours + 1,150
recordkeeping hours).
The burden hours associated with
Rule 15g–2 may be slightly reduced
when the penny stock disclosure
document required under the rule is
provided through electronic means such
as email from the broker-dealer (e.g., the
broker-dealer respondent may take only
one minute, instead of the two minutes
estimated above, to provide the penny
stock disclosure document by email to
its customer). In this regard, if each of
the customer respondents estimated
above communicates with his or her
broker-dealer electronically, the total
ongoing respondent burden is
approximately 1 minute per response, or
an aggregate total of 156 minutes (156
customers × 1 minutes per respondent).
Assuming 221 respondents, the annual
third party disclosure burden, if
electronic communications were used
by all customers, is 34,476 minutes (156
minutes per each of the 221
respondents) or 575 hours. If all
respondents were to use electronic
VerDate Mar<15>2010
17:56 May 02, 2014
Jkt 232001
means, the recordkeeping burden would
be 68,952 minutes or 1,150 hours (the
same as above). Thus, if all brokerdealer respondents obtain and send the
documents required under the rules
electronically, the aggregate annual hour
burden associated with Rule 15g–2 is
1,725 (575 hours + 1,150 hours).
In addition, if the penny stock
customer requests a paper copy of the
information on the Commission’s Web
site regarding microcap securities,
including penny stocks, from his or her
broker-dealer, the printing and mailing
of the document containing this
information takes no more than two
minutes per customer. Because many
investors have access to the
Commission’s Web site via computers
located in their homes, or in easily
accessible public places such as
libraries, then, at most, a quarter of
customers who are required to receive
the Rule 15g–2 disclosure document
request that their broker-dealer provide
them with the additional microcap and
penny stock information posted on the
Commission’s Web site. Thus, each
broker-dealer respondent processes
approximately 39 requests for paper
copies of this information per year or an
aggregate total of 78 minutes per
respondent (2 minutes per customer ×
39 requests per respondent). Since there
are 221 respondents, the estimated
annual burden is 17,238 minutes (78
minutes per each of the 221
respondents) or 288 hours. This is a
third party disclosure type of burden.
We have no way of knowing how
many broker-dealers and customers will
choose to communicate electronically.
Assuming that 50 percent of
respondents continue to provide
documents and obtain signatures in
tangible form and 50 percent choose to
communicate electronically to satisfy
the requirements of Rule 15g–2, the total
aggregate burden hours would be 2,301
((aggregate burden hours for sending
disclosure documents and obtaining
signed customer acknowledgements in
tangible form × 0.50 of the respondents
= 1,150 hours) + (aggregate burden
hours for electronically signed and
transmitted documents × 0.50 of the
respondents = 863 hours) + (288 burden
hours for those customers making
requests for a copy of the information on
the Commission’s Web site)).
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
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.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
Please direct your written comments
to: 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..
Dated: April 29, 2014.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–10142 Filed 5–2–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Thursday, May 8, 2014 at 2:00 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or her designee, has
certified that, in her opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matter at the Closed Meeting.
Commissioner Aguilar, as duty
officer, voted to consider the items
listed for the Closed Meeting in closed
session.
The subject matter of the Closed
Meeting will be:
Institution and settlement of
injunctive actions;
institution and settlement of
administrative proceedings;
consideration of amicus participation;
adjudicatory matters; and
other matters relating to enforcement
proceedings.
E:\FR\FM\05MYN1.SGM
05MYN1
Agencies
[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25629-25630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10142]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Proposed Collection; Comment Request
Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.
Extension:
Rule 15g-2, SEC File No. 270-381, OMB Control No. 3235-0434.
Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information provided for in Rule 15g-2 (17 CFR 240.15g-2) under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange
Act''). The Commission plans to submit this existing collection of
information to the Office of Management and Budget (``OMB'') for
extension and approval.
Rule 15g-2 (The ``Penny Stock Disclosure Rule'') requires broker-
dealers to provide their customers with a risk disclosure document, as
set forth in Schedule 15G, prior to their first non-exempt transaction
in a ``penny stock.'' As amended, the rule requires broker-dealers to
obtain written acknowledgement from the customer that he or she has
received the required risk disclosure document. The amended rule also
requires broker-dealers to maintain a copy of the customer's written
acknowledgement for at least three years following the date on which
the risk disclosure document was provided to the customer, the first
two years in an accessible place. Rule 15g-2 also requires a broker-
dealer, upon request of a customer, to furnish the customer with a copy
of certain information set forth on the Commission's Web site.
The risk disclosure documents are for the benefit of the customers,
to assure that they are aware of the risks of trading in ``penny
stocks'' before they enter into a transaction. The risk disclosure
documents are maintained by the broker-dealers and may be reviewed
during the course of an examination by the Commission.
There are approximately 221 broker-dealers that could potentially
be subject to current Rule 15g-2. The Commission estimates that
approximately 5% of registered broker-dealers are engaged in penny
stock transactions, and thereby subject to the Rule (5% x approximately
4,410 registered broker-dealers = 221 broker-dealers). The Commission
[[Page 25630]]
estimates that each one of these firms processes an average of three
new customers for penny stocks per week. Thus, each respondent
processes approximately 156 penny stock disclosure documents per year.
If communications in tangible form alone are used to satisfy the
requirements of Rule 15g-2, then the copying and mailing of the penny
stock disclosure document takes no more than two minutes. Thus, the
total associated burden is approximately 2 minutes per response, or an
aggregate total of 312 minutes per respondent. Since there are 221
respondents, the current annual burden is 68,952 minutes (312 minutes
per each of the 221 respondents) or 1,150 hours for this third party
disclosure burden. In addition, broker-dealers incur a recordkeeping
burden of approximately two minutes per response when filing the
completed penny stock disclosure documents as required pursuant to the
Rule 15(g)(2)(c), which requires a broker-dealer to preserve a copy of
the written acknowledgement pursuant to Rule 17a-4(b) of the Exchange
Act. Since there are approximately 156 responses for each respondent,
the respondents incur an aggregate recordkeeping burden of 68,952
minutes (221 respondents x 156 responses for each x 2 minutes per
response) or 1,150 hours, under Rule 15g-2. Accordingly, the current
aggregate annual hour burden associated with Rule 15g-2 (assuming that
all respondents provide tangible copies of the required documents) is
approximately 2,300 hours (1,150 third party disclosure hours + 1,150
recordkeeping hours).
The burden hours associated with Rule 15g-2 may be slightly reduced
when the penny stock disclosure document required under the rule is
provided through electronic means such as email from the broker-dealer
(e.g., the broker-dealer respondent may take only one minute, instead
of the two minutes estimated above, to provide the penny stock
disclosure document by email to its customer). In this regard, if each
of the customer respondents estimated above communicates with his or
her broker-dealer electronically, the total ongoing respondent burden
is approximately 1 minute per response, or an aggregate total of 156
minutes (156 customers x 1 minutes per respondent). Assuming 221
respondents, the annual third party disclosure burden, if electronic
communications were used by all customers, is 34,476 minutes (156
minutes per each of the 221 respondents) or 575 hours. If all
respondents were to use electronic means, the recordkeeping burden
would be 68,952 minutes or 1,150 hours (the same as above). Thus, if
all broker-dealer respondents obtain and send the documents required
under the rules electronically, the aggregate annual hour burden
associated with Rule 15g-2 is 1,725 (575 hours + 1,150 hours).
In addition, if the penny stock customer requests a paper copy of
the information on the Commission's Web site regarding microcap
securities, including penny stocks, from his or her broker-dealer, the
printing and mailing of the document containing this information takes
no more than two minutes per customer. Because many investors have
access to the Commission's Web site via computers located in their
homes, or in easily accessible public places such as libraries, then,
at most, a quarter of customers who are required to receive the Rule
15g-2 disclosure document request that their broker-dealer provide them
with the additional microcap and penny stock information posted on the
Commission's Web site. Thus, each broker-dealer respondent processes
approximately 39 requests for paper copies of this information per year
or an aggregate total of 78 minutes per respondent (2 minutes per
customer x 39 requests per respondent). Since there are 221
respondents, the estimated annual burden is 17,238 minutes (78 minutes
per each of the 221 respondents) or 288 hours. This is a third party
disclosure type of burden.
We have no way of knowing how many broker-dealers and customers
will choose to communicate electronically. Assuming that 50 percent of
respondents continue to provide documents and obtain signatures in
tangible form and 50 percent choose to communicate electronically to
satisfy the requirements of Rule 15g-2, the total aggregate burden
hours would be 2,301 ((aggregate burden hours for sending disclosure
documents and obtaining signed customer acknowledgements in tangible
form x 0.50 of the respondents = 1,150 hours) + (aggregate burden hours
for electronically signed and transmitted documents x 0.50 of the
respondents = 863 hours) + (288 burden hours for those customers making
requests for a copy of the information on the Commission's Web site)).
Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the 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.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently 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, 100 F Street NE., Washington, DC 20549, or send an email
to: PRA_Mailbox@sec.gov..
Dated: April 29, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-10142 Filed 5-2-14; 8:45 am]
BILLING CODE 8011-01-P