2430 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78s(b)(3)(A)(ii). 

3 17 CFR 240.19b-4(f)(2). 

Education and Advocacy, 

Washington, DC 20549. 

Extension: 

Rule 17a–4(b)(11), SEC File No. 270– 

449, OMB Control No. 3235–0506, 

Rule 17a–3(a)(16). 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. Sec. 3501 et seq.), the 

Securities and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget 

(‘‘OMB’’) a request for extension of the 

existing collection of information 

provided for in the following rule: Rule 

17a–4(b)(11) (17 CFR Sec. 240.17a– 

4(b)(11)) under the Securities Exchange 

Act of 1934 (15 U.S.C. 78a et seq.). 

Rule 17a–4(b)(11) (17 CFR Sec. 

240.17a–4(b)(11)) under the Securities 

Exchange Act of 1934 (15 U.S.C. 78a et 

seq.) describes the record preservation 

requirements for those records required 

to be kept pursuant to Rule 17a–3(a)(16), 

including how such records should be 

kept and for how long, to be used in 

monitoring compliance with the 

Commission’s financial responsibility 

program and antifraud and 

antimanipulative rules as well as other 

rules and regulations of the Commission 

and the self-regulatory organizations. 

It is estimated that respondents will 

incur a total burden of 2835 hours per 

year (105 respondents multiplied by 27 

burden hours to comply with Rule 17a– 

3(a)(16). It is estimated that 

approximately 105 active broker-dealer 

respondents registered with the 

Commission will incur a total burden of 

315 hours per year to comply with Rule 

17a–4(b)(11), (105 respondents 

multiplied by 3 burden hours per 

respondent equals 315 total burden 

hours). 

The Commission estimates that an 

employee of a broker-dealer charged to 

ensure compliance with Rule 17a– 

3(a)(16) receives annual compensation 

of $238,000. This compensation is the 

equivalent of $119 per hour ($238,000 

divided by 2,000 payroll hours per 

year). Thus, the average cost estimated 

for each respondent would be $3,213: 

Rule 17a–3(a)(16) Recordkeeping 

requirements 27 hours at $119/hr = 

$3,213. 

The Commission estimates that an 

employee of a broker-dealer charged to 

ensure compliance with Rule 17a– 

4(b)(11) receives annual compensation 

of $238,000. This compensation is the 

equivalent of $119 per hour ($238,000 

divided by 2,000 pay roll hours per 

year). Thus, the average cost estimated 

for each respondent would be $357.00: 

Rule 17a–4(b)(11) Record preservation 

requirements 3 hours at $119/hr = $357. 

Accordingly, the annual aggregated 

hour burden for each broker-dealer 

required to comply with Rules 17a– 

3(a)(16) and 17a–4(b)(11) would be 

$3,570: ($3213 + $357 = $3570). 

Under Rule 17a–4(a)(11) brokerdealers are required to retain records for 

a period of not less than three years. 

Compliance with the rule is mandatory. 

The required records are available only 

to the examination staff of the 

Commission and the self-regulatory 

organization of which the broker-dealer 

is a member. 

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 information discussed in this notice 

at http://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 e-mail to: 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Thomas Bayer, Chief Information 

Officer, Securities and Exchange 

Commission, c/o Remi Pavlik-Simon, 

6432 General Green Way, Alexandria, 

VA 22312 or send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: January 10, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–674 Filed 1–12–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63659; File No. SR–DTC– 

2010–17] 

Self-Regulatory Organizations; the 

Depository Trust Company; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to Fee 

Revisions 

January 6, 2011. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

December 28, 2010, The Depository 

Trust Company (‘‘DTC’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II, 

which Items have been prepared 

primarily by DTC. DTC filed the 

proposed rule change pursuant to 

Section 19(b)(3)(A)(ii) of the Act 2 and 

Rule 19b-4(f)(2) 3 thereunder so that the 

proposal was effective upon filing with 

the Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The purpose of this filing is to revise 

the fees for certain services provided by 

DTC. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

DTC included statements concerning 

the purpose of and basis for the 

proposed rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. DTC has prepared 

summaries, set forth in sections A, B, 

and C below, of the most significant 

aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

The purpose of the proposed rule 

change is to revise the fees for certain 

services provided by DTC. DTC will 

increase fees associated with Custody 

and Asset Servicing, Deposits, 

Underwriting and Dividend, Book-Entry 

Delivery, and MMI services in order to 

realign fees with costs incurred in 

providing these services and to scale the 

fees to reflect processing complexity, 

with the objective of fee simplification 

and transparency. 

DTC will also introduce fees for new 

capabilities in Asset Services, including 

a fee to recover costs associated with 

excluding Treasury Shares of a company 

from dividend processing. 

In addition, DTC will implement or 

increase certain disincentive fees to 

discourage behavior that keeps the 

industry from achieving peak efficiency, 

including fee increases in Asset Services 

reject and exception processing relating 

to Underwriting and Withdrawal 

activities. 

DTC states that the proposed fee 

revisions are consistent with DTC’s 

overall pricing philosophy of aligning 

service fees with underlying costs, 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices 2431 

4 15 U.S.C. 78q–1. 

5Supra note 2. 

6Supra note 3. 7 17 CFR 200.30–3(a)(12). 

discouraging manual and exception 

processing, and encouraging 

immobilization and dematerialization of 

securities. Information on specific fee 

changes is included as Exhibit 5 to 

DTC’s proposed rule filing, which can 

be viewed at DTC’s Web site (http:// 

www.dtcc.com/legal/rule_filings/dtc/ 

2010.php). The effective date for these 

fee adjustments is January 3, 2011. 

DTC states that this rule filing is 

consistent with the requirements of 

Section 17A of the Act 4 and the rules 

and regulations thereunder because it 

clarifies and updates DTC’s fee 

schedule. As such, it provides for the 

equitable allocation of fees among its 

Participants. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

DTC does not believe that the 

proposed rule change will have any 

impact or impose any burden on 

competition. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

DTC has not solicited or received 

written comments relating to the 

proposed rule change. DTC will notify 

the Commission of any comments it 

receives. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 5 and Rule 19b– 

4(f)(2) 6 because the proposed rule 

change establishes or changes a due, fee, 

or other charge applicable only to a 

member. At any time within 60 days of 

the filing of the proposed rule change, 

the Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml) or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

No. SR–DTC–2010–17 on the subject 

line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC, 20549–1090. 

All submissions should refer to File No. 

SR–DTC–2010–17. This file number 

should be included on the subject line 

if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of such filings 

also will be available for inspection and 

copying at DTC’s principal office and on 

DTC’s Web site at http://www.dtcc.com/ 

legal/rule_filings/dtc/2010.php. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. 

You should submit only information 

that you wish to make available 

publicly. All submission should refer to 

File No. SR–DTC–2010–17 and should 

be submitted on or before February 3, 

2011. 

For the Commission by the Division of 

Trading and Markets pursuant to delegated 

authority.7

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–663 Filed 1–12–11; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #12320 and #12321] 

New Mexico Disaster #NM–00016 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 1. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of New Mexico (FEMA–1936– 

DR), dated 09/13/2010. 

Incident: Severe Storms and Flooding. 

Incident Period: 07/25/2010 through 

08/09/2010. 

DATES: Effective Date: 01/04/2011. 

Physical Loan Application Deadline 

Date: 11/12/2010. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 06/13/2011. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for Private Non-Profit 

organizations in the State of NEW 

MEXICO, dated 09/13/2010, is hereby 

amended to include the following areas 

as adversely affected by the disaster. 

Primary Areas: The Navajo Nation, The 

Pueblo of Acoma. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 2011–649 Filed 1–12–11; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Houston District Office Advisory 

Committee 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice of open Federal advisory 

committee meeting. 

SUMMARY: The SBA is issuing this notice 

to announce the location, date, time, 

and agenda for the next meeting of the 

Houston District Office Advisory 

committee. The meeting will be open to 

the public. 


srobinson on DSKHWCL6B1PROD with NOTICES