8760 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 

1 15 U.S.C. 78mm(a)(1). 

2 15 U.S.C. 78s(b). 

schedules, which must be filed 

annually; and (4) a facing page, which 

must be filed with the annual audited 

report of financial statements. Under the 

Rule, a broker or dealer that computes 

certain of its capital charges in 

accordance with Appendix E to 

Exchange Act Rule 15c3–1 (17 CFR 

240.15c3–1) must file additional 

monthly, quarterly, and annual reports 

with the Commission. 

The variation in the size and 

complexity of brokers and dealers 

subject to Rule 17a–5 and the 

differences in the FOCUS Report forms 

that must be filed under the Rule make 

it difficult to calculate the cost of 

compliance. However, we estimate that, 

on average, each report will require 

approximately 12 hours. At year-end 

2008, the Commission estimates that 

there were approximately 5,190 brokers 

or dealers, and that of those firms there 

were approximately 530 brokers or 

dealers that clear transactions or carry 

customer securities. In addition, 

approximately 220 firms filed annual 

reports. The Commission therefore 

estimates that approximately 530 firms 

filed monthly reports, approximately 

4,400 firms filed quarterly reports, and 

approximately 220 firms filed annual 

reports. In addition, approximately 

5,190 firms filed annual audited reports. 

As a result, there were approximately 

29,530 total annual responses ((530 × 

12) + (4,400 × 4) + 220 + 5,190 = 

29,370). This results in an estimated 

annual burden of 354,360 hours (29,530 

annual responses × 12 hours = 354,360). 

In addition, we estimate that 

approximately 11 brokers or dealers will 

elect to use Appendix E to Rule 15c3– 

1 to compute certain of their capital 

charges (as of October 2009, seven 

brokers or dealers have elected to use 

Appendix E). We estimate that the 

average amount of time necessary to 

prepare and file the additional monthly 

reports that must be filed by these firms 

is about 4 hours per month, or 

approximately 48 hours per year; the 

average amount of time necessary to 

prepare and file the additional quarterly 

reports is about 8 hours per quarter, or 

approximately 32 hours per year; and 

the average amount of time necessary to 

prepare and file the additional 

supplemental reports with the annual 

audit required is approximately 40 

hours per year. Consequently, we 

estimate that the total additional annual 

burden for these 11 brokers or dealers is 

approximately 1,320 hours ((48 + 32 + 

40) × 11 = 1,320). 

The Commission therefore estimates 

that the total annual burden under Rule 

17a–5 is approximately 353,800 hours 

(352,440 + 1,320 = 353,760, rounded to 

353,800). 

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: (i) 

Shagufta_Ahmed@comb.eop.gov; and 

(ii) Charles Boucher, Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Shirley 

Martinson, 6432 General Green Way, 

Alexandria, Virginia 22312 or send an email to PRA_Mailbox@sec.gov. 

Comments must be submitted to OMB 

within 30 days of this notice. 

Dated: February 17, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3769 Filed 2–24–10; 8:45 am] 

BILLING CODE 8011–01–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: 

Schedule 14D–9F; OMB Control No. 3235– 

0382; SEC File No. 270–339. 

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’’) has submitted to the 

Office of Management and Budget this 

request for extension of the previously 

approved collection of information 

discussed below. 

Schedule 14D–9F is used (17 CFR 

240.14d–103) by any foreign private 

issuer incorporated or organized under 

the laws of Canada or any Canadian 

province or territory or by any director 

or officer of such issuer, where the 

issuer is the subject of a cash tender or 

exchange offer for a class of securities 

filed on Schedule 14D–1F. The 

information required to be filed with the 

Commission is intended to permit 

verification of compliance with the 

securities law requirements and assures 

the public availability of such 

information. The information provided 

is mandatory and all information is 

made available to the public upon 

request. Schedule 14D–9F takes 

approximately 2 hours per response to 

prepare and is filed by approximately 6 

respondents annually for a total 

reporting burden of 12 hours. 

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. 

Written comments regarding the 

above information should be directed to 

the following persons: (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 send an 

e-mail to: 

Shagufta_Ahmed@omb.eop.gov.; and 

(ii) Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

c/o Shirley Martinson, 6432 General 

Green Way, Alexandria, Virginia 22312; 

or send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: February 18, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3770 Filed 2–24–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61534] 

Order Granting Application for 

Exemption Pursuant to Section 36(a) of 

the Exchange Act by BATS Exchange, 

Inc. From the Rule Filing Requirements 

of Section 19(b) of the Exchange Act 

With Respect to Certain Rules 

Incorporated by Reference 

February 18, 2010. 

BATS Exchange, Inc. (‘‘BATS 

Exchange’’) has filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) an application for an 

exemption under Section 36(a)(1) of the 

Securities Exchange Act of 1934 

(‘‘Exchange Act’’) 1 from the rule filing 

requirements of Section 19(b) of the 

Exchange Act 2 with respect to certain 

rules of another self-regulatory 

organization (‘‘SRO’’) that BATS 

Exchange seeks to incorporate by 

reference. Section 36 of the Exchange 

Act authorizes the Commission to 

conditionally or unconditionally 

exempt any person, security, or 

transaction, or any class thereof, from 

any provision of the Exchange Act or 


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