60 Day Notice

3235-0670 60 day notice.pdf

Rules 201 and 200(g)

60 Day Notice

OMB: 3235-0670

Document [pdf]
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Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736

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Extension:
Rule 17Ad–10, SEC File No. 270–265,
OMB Control No. 3235–0273

Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Rule 17Ad–10 (17 CFR 240.17Ad–10),
under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.).
Rule 17Ad–10 generally requires
registered transfer agents to: (1) Create
and maintain current and accurate
securityholder records; (2) promptly and
accurately record all transfers,
purchases, redemptions, and issuances,
and notify their appropriate regulatory
agency if they are unable to do so; (3)
exercise diligent and continuous
attention in resolving record
inaccuracies; (4) disclose to the issuers
for whom they perform transfer agent
functions and to their appropriate
regulatory agency information regarding
record inaccuracies; (5) buy-in certain
record inaccuracies that result in a
physical over issuance of securities; and
(6) communicate with other transfer
agents related to the same issuer. These
requirements assist in the creation and
maintenance of accurate securityholder
records, enhance the ability to research
errors, and ensure the transfer agent is
aware of the number of securities that
are properly authorized by the issuer,
thereby avoiding over issuance.
The rule also has specific
recordkeeping requirements. It requires
registered transfer agents to retain
certificate detail that has been deleted
for six years and keep current an
accurate record of the number of shares
or principal dollar amount of debt
securities that the issuer has authorized
to be outstanding. These mandatory
requirements ensure accurate
securityholder records and assist the
Commission and other regulatory
agencies with monitoring transfer agents
and ensuring compliance with the rule.
This rule does not involve the collection
of confidential information.
There are approximately 333
registered transfer agents. We estimate
that the average number of hours
necessary for each transfer agent to
comply with Rule 17Ad–10 is
approximately 80 hours per year, which
generates an industry-wide annual
burden of 26,640 hours (333 times 80

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hours). This burden is primarily of a
recordkeeping nature but also includes
a small amount of third party
disclosure. At an average staff cost of
$50 per hour, the industry-wide internal
labor cost of compliance (a monetization
of the burden hours) is approximately
$1,332,000 per year (26,640 × $50).
In addition, we estimate that each
transfer agent will incur an annual
external cost burden of $18,000
resulting from the collection of
information. Therefore, the total annual
external cost on the entire transfer agent
industry is approximately $5,994,000
($18,000 times 333). This cost primarily
reflects ongoing computer operations
and maintenance associated with
generating, maintaining, and disclosing
or providing certain information
required by the rule.
The amount of time any particular
transfer agent will devote to Rule 17Ad–
10 compliance will vary according to
the size and scope of the transfer agent’s
business activity. We note, however,
that at least some of the records,
processes, and communications
required by Rule 17Ad–10 would likely
be maintained, generated, and used for
transfer agent business purposes even
without the rule.
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.
The public may view background
documentation for this information
collection at the following website:
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:
[email protected]; and (ii)
Charles Riddle, Acting Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Candace
Kenner, 100 F Street NE, Washington,
DC 20549, or by sending an email to:
[email protected]. Comments must
be submitted to OMB within 30 days of
this notice.
Dated: September 11, 2019.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–19976 Filed 9–13–19; 8:45 am]
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48693

SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
Washington, DC 20549–2736.
Extension:
Rule 201 and Rule 200(g) of Regulation
SHO, SEC File No. 270–606, OMB
Control No. 3235–0670

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 existing collection of information
provided for in Rule 201 (17 CFR
242.201) and Rule 200(g) (17 CFR
242.200(g)) 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 201 is a short sale-related circuit
breaker rule that, if triggered, imposes a
restriction on the prices at which
securities may be sold short. Rule 200(g)
provides that a broker-dealer may mark
certain qualifying sell orders ‘‘short
exempt.’’ The information collected
under Rule 201’s written policies and
procedures requirement applicable to
trading centers, the written policies and
procedures requirement of the brokerdealer provision of Rule 201(c), the
written policies and procedures
requirement of the riskless principal
provision of Rule 201(d)(6), and the
‘‘short exempt’’ marking requirement of
Rule 200(g) enable the Commission and
self-regulatory organizations (‘‘SROs’’)
to examine and monitor for compliance
with the requirements of Rule 201 and
Rule 200(g).
In addition, the information collected
under Rule 201’s written policies and
procedures requirement applicable to
trading centers help ensure that trading
centers do not execute or display any
impermissibly priced short sale orders,
unless an order is marked ‘‘short
exempt,’’ in accordance with the Rule’s
requirements. Similarly, the information
collected under the written policies and
procedures requirement of the brokerdealer provision of Rule 201(c) and the
riskless principal provision of Rule
201(d)(6) help to ensure that brokerdealers comply with the requirements of
these provisions. The information
collected pursuant to the ‘‘short
exempt’’ marking requirement of Rule
200(g) also provides an indication to a
trading center when it must execute or

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Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices

display a short sale order without regard
to whether the short sale order is at a
price that is less than or equal to the
current national best bid.
It is estimated that SRO and non-SRO
respondents registered with the
Commission and subject to the
collection of information requirements
of Rule 201 and Rule 200(g) incur an
aggregate annual burden of 1,621,571
hours to comply with the Rules and an
aggregate annual external cost of
$220,000.
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
estimates 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.
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: Charles Riddle, Acting Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Candace
Kenner, 100 F Street NE, Washington,
DC 20549, or send an email to: PRA_
[email protected].
Dated: September 11, 2019.
Jill M. Peterson,
Assistant Secretary.

BILLING CODE 8011–01–P

Agency Information Collection
Activities: Proposed Request and
Comment Request

SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
10:30 a.m. on Thursday,
September 19, 2019.
PLACE: The meeting will be held at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
TIME AND DATE:

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[FR Doc. 2019–20092 Filed 9–12–19; 4:15 pm]

[Docket No. SSA–2019–0040]

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Dated: September 12, 2019.
Vanessa A. Countryman,
Secretary.

SOCIAL SECURITY ADMINISTRATION

[FR Doc. 2019–19975 Filed 9–13–19; 8:45 am]

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will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
In the event that the time, date, or
location of this meeting changes, an
announcement of the change, along with
the new time, date, and/or place of the
meeting will be posted on the
Commission’s website at https://
www.sec.gov.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
The subject matters of the closed
meeting will consist of the following
topics:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings;
Resolution of litigation claims;
Post argument discussion; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting agenda items that
may consist of adjudicatory,
examination, litigation, or regulatory
matters.
CONTACT PERSON FOR MORE INFORMATION:
For further information; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.

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The Social Security Administration
(SSA) publishes a list of information
collection packages requiring clearance
by the Office of Management and
Budget (OMB) in compliance with
Public Law 104–13, the Paperwork
Reduction Act of 1995, effective October
1, 1995. This notice includes revisions,
extensions, and corrections of OMBapproved information collections.
SSA is soliciting comments on the
accuracy of the agency’s burden
estimate; the need for the information;
its practical utility; ways to enhance its

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quality, utility, and clarity; and ways to
minimize burden on respondents,
including the use of automated
collection techniques or other forms of
information technology. Mail, email, or
fax your comments and
recommendations on the information
collection(s) to the OMB Desk Officer
and SSA Reports Clearance Officer at
the following addresses or fax numbers.
(OMB), Office of Management and
Budget, Attn: Desk Officer for SSA,
Fax: 202–395–6974, Email address:
[email protected]
(SSA), Social Security Administration,
OLCA, Attn: Reports Clearance
Director, 3100 West High Rise, 6401
Security Blvd., Baltimore, MD 21235,
Fax: 410–966–2830, Email address:
[email protected]
Or you may submit your comments
online through www.regulations.gov,
referencing Docket ID Number [SSA–
2019–0040].
I. The information collections below
are pending at SSA. SSA will submit
them to OMB within 60 days from the
date of this notice. To be sure we
consider your comments, we must
receive them no later than November 12,
2019. Individuals can obtain copies of
the collection instruments by writing to
the above email address.
1. Incorporation by Reference of Oral
Findings of Fact and Rationale in
Wholly Favorable Written Decisions
(Bench Decision Regulation)—20 CFR
404.953 and 416.1453—0960–0694. If an
administrative law judge (ALJ) makes a
wholly favorable oral decision,
including all the findings and rationale
for the decision for a claimant of Title
II or Title XVI payments, at an
administrative appeals hearing, the ALJ
sends a Notice of Decision (Form HA–
82), as the records from the oral hearing
preclude the need for a written decision.
We call this the incorporation-byreference process. In addition, the
regulations for this process state that if
the involved parties want a record of the
oral decision, they may submit a written
request for these records. SSA collects
identifying information under the aegis
of Sections 20 CFR 404.953 and
416.1453 of the Code of Federal
Regulations to determine how to send
interested individuals written records of
a favorable incorporation-by-reference
oral decision made at an administrative
review hearing. Since there is no
prescribed form to request a written
record of the decision, the involved
parties send SSA their contact
information and reference the hearing
for which they would like a record. The
respondents are applicants for Disability
Insurance Benefits and SSI payments, or

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