30 Day Notice

89 FR 66153 (OMB 3235-0649).pdf

Rule 17g-5 Conflicts of Interest

30 Day Notice

OMB: 3235-0649

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Federal Register / Vol. 89, No. 157 / Wednesday, August 14, 2024 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–662, OMB Control No.
3235–0720]

ddrumheller on DSK120RN23PROD with NOTICES1

Proposed Collection; Comment
Request; Extension: Form 1–K
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
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 collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Form 1–K (17 CFR 239.91) is used to
file annual reports by Tier 2 issuers
under Regulation A, an exemption from
registration under the Securities Act of
1933 (15 U.S.C. 77a et seq.). Tier 2
issuers under Regulation A conducting
offerings of up to $50 million within a
12-month period are required to file
Form 1–K. Form 1–K provides audited
year-end financial statements and
information about the issuer’s business
operation, ownership, management,
liquidity, capital resources and
operations on an annual basis. In
addition, Part I of the Form 1–K collects
information on any offerings under
Regulation A that have been terminated
or completed unless it has been
previous reported on Form 1–Z. The
purpose of the Form 1–K is to better
inform the public about companies that
have conducted Tier 2 offerings under
Regulation A. We estimate that
approximately 353 issuers file Form 1–
K annually. We estimate that Form 1–
K takes approximately 600 hours to
prepare. We estimate that 75% of the
600 hours per response (450 hours) is
prepared by the company for a total
annual burden of 158,850 hours (450
hours per response × 353 responses).
Written comments are invited on: (a)
whether this 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 imposed by 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

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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 by October 15, 2024.
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.
Please direct your written comment to
Austin Gerig, Director/Chief Data
Officer, Securities and Exchange
Commission, c/o Oluwaseun Ajayi, 100
F Street NE, Washington, DC 20549 or
send an email to: PRA_Mailbox@
sec.gov.
Dated: August 9, 2024.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024–18165 Filed 8–13–24; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–563, OMB Control No.
3235–0649]

Submission for OMB Review;
Comment Request; Extension: Rule
17g–5
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
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 collection of information
summarized below. The Commission
plans to submit an extension for this
current collection of information to the
Office of Management and Budget for
approval.
Rule 17g–5(a)(3) and (e) (17 CFR
240.17g–5(a)(3) and (e)) contain
collection of information requirements.
Specifically, Rule 17g–5(a)(3) prohibits
a person within a nationally recognized
statistical rating organization
(‘‘NRSRO’’) from having a conflict of
interest relating to the issuance or
maintenance of a credit rating for a
security or money market instrument
issued by an asset pool or as part of any
asset-backed securities transaction that
was paid for by the issuer, sponsor, or
underwriter of the security or money
market instrument unless certain
information and representations relating
to the security are disclosed or
furnished.

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66153

Currently, there are 6 credit rating
agencies registered as NRSROs in the
issuer of asset-backed securities
category of credit ratings, and it is
estimated based on recent issuance data
that there are approximately 1,480 new
asset-backed securities transactions per
year that implicate Rule 17g–5(a)(3).
Based on Commission staff’s experience,
it is estimated that the total annual hour
burden to comply with Rule 17g–5(a)(3)
will be 61,899 hours. The Commission
further estimates that this annual hour
burden will result in a total annual cost
of $14,126,168. This cost is attributable
to costs that may be incurred by
NRSROs and arrangers of asset-backed
securities posting information on a
password-protected website, as required
by Rule 17g–5, and preparing and
procuring representations to determine
whether an exemption under the rule
applies, as well as costs incurred by
NRSROs preparing certifications
required under the rule to gain access to
websites maintained by other NRSROs
or arrangers of asset-backed securities.
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. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice by September 13, 2024 to (i)
www.reginfo.gov/public/do/PRAMain
and (ii) Austin Gerig, Director/Chief
Data Officer, Securities and Exchange
Commission, c/o Oluwaseun Ajayi, 100
F Street, NE, Washington, DC 20549, or
by sending an email to: PRA_Mailbox@
sec.gov.
Dated: August 9, 2024.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024–18172 Filed 8–13–24; 8:45 am]
BILLING CODE 8011–01–P

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