49906 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 

industry might be adversely affected. 

Requiring the submission of these 

reports to the Commission permits us to 

verify compliance with securities law 

requirements. In addition, Rule 30e–2 

permits, under certain conditions, 

delivery of a single shareholder report to 

investors who share an address 

(‘‘householding’’). Specifically, Rule 

30e–2 permits householding of annual 

and semi-annual reports by UITs to 

satisfy the delivery requirements of Rule 

30e–2 if, in addition to the other 

conditions set forth in the rule, the UIT 

has obtained from each applicable 

investor written or implied consent to 

the householding of shareholder reports 

at such address. The rule requires UITs 

that wish to household shareholder 

reports with implied consent to send a 

notice to each applicable investor 

stating that the investors in the 

household will receive one report in the 

future unless the investors provide 

contrary instructions. In addition, at 

least once a year, UITs relying on the 

rule for householding must explain to 

investors who have provided written or 

implied consent how they can revoke 

their consent. Preparing and sending the 

initial notice and the annual 

explanation of the right to revoke 

consent are collections of information 

under the Paperwork Reduction Act. 

The purpose of the notice and annual 

explanation requirements associated 

with the householding provisions of the 

rule is to ensure that investors who wish 

to receive individual copies of 

shareholder reports are able to do so. 

The Commission estimates that as of 

2009, approximately 820 UITs were 

subject to the provisions of Rule 30e–2. 

The Commission further estimates that 

the annual burden associated with Rule 

30e–2 is 121 hours for each UIT, 

including an estimated 20 hours 

associated with the notice requirement 

for householding and an estimated 1 

hour associated with the explanation of 

the right to revoke consent to 

householding, for a total of 99,220 

burden hours. 

In addition to the burden hours, the 

Commission estimates that the cost of 

contracting for outside services 

associated with complying with Rule 

30e–2 is $20,000 per respondent (80 

hours times $250 per hour for 

independent auditor services), for a total 

of $16,400,000 ($20,000 per respondent 

times 820 respondents). 

These estimates are made solely for 

the purposes of the Paperwork 

Reduction Act, and are not derived from 

a comprehensive or even a 

representative survey or study of the 

costs of Commission rules and forms. 

The collection of information under 

Rule 30e–2 is mandatory. The 

information provided under Rule 30e–2 

is not kept confidential. 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 general comments 

regarding the above information to the 

following persons: (i) Desk Officer for 

the Securities and Exchange 

Commission, Office of Management and 

Budget, Room 10102, New Executive 

Office Building, Washington, DC 20503 

or send an e-mail to Shagufta Ahmed at 

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

Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

C/O Shirley Martinson, 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: September 23, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–23496 Filed 9–28–09; 8:45 am] 

BILLING CODE 8010–01–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: 

Rule 17Ad–4(b) and (c), OMB Control No. 

3235–0341, SEC File No. 270–264. 

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 a 

request for extension of the previously 

approved collection of information 

provided for in Rule 17Ad–4(b) and (c) 

(17 CFR 240.17Ad–4(b) and (c)) of the 

Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.). 

Rule 17Ad–4(b) and (c) is used to 

document when transfer agents are 

exempt or no longer exempt from some 

of the Commission’s transfer agent rules. 

Depending on which federal 

government organization is the transfer 

agent’s appropriate regulatory agency 

(‘‘ARA’’), Rule 17Ad–4(b)(3) requires an 

exempt transfer agent to either prepare 

and maintain or file a document that 

certifies that the transfer agent qualifies 

as exempt under Rule 17Ad–4(b)(1) or 

when the transfer agent loses such 

exemption. 

The ARAs use the information 

contained in the notice to determine 

whether a registered transfer agent 

qualifies for the exemption, to 

determine when a registered transfer 

agent no longer qualifies for the 

exemption, and to determine the extent 

that transfer agent is subject to the 

Commission’s rules. 

The Board of Governors of the Federal 

Reserve System (‘‘the Fed’’) receives 

approximately two notices of exempt 

status and two notices of loss of exempt 

status annually. The Federal Deposit 

Insurance Corporation (‘‘FDIC’’) also 

receives approximately two notices of 

exempt status and two notices of loss of 

exempt status annually. The 

Commission and the Office of the 

Comptroller of the Currency (‘‘OCC’’) do 

not require transfer agents to file a 

notice of exempt status or loss of 

exempt status. Instead, transfer agents 

whose ARA is the Commission or OCC 

need only to prepare and maintain these 

notices. The Commission estimates that 

approximately ten notices of exempt 

status and ten notices of loss of exempt 

status are prepared annually by transfer 

agents whose ARA is the Commission. 

We estimate that the transfer agents for 

whom the OCC is their ARA prepare 

and maintain approximately five notices 

of exempt status and five notices of loss 

of exempt status annually. Thus, a total 

of approximately thirty-eight notices of 

exempt status and loss of exempt status 

are prepared and maintained by transfer 

agents annually. Of these thirty-eight 

notices, approximately eight are filed 

with an ARA. Any additional costs 

associated with filing such notices 

would be limited primarily to postage, 

which would be minimal. Since the 

Commission estimates that no more 

than one-half hour is required to 

prepare each notice, the total annual 

burden to transfer agents is 

approximately nineteen hours. The 

average cost per hour is approximately 

$30. Therefore, the total cost of 

compliance to the transfer agent 

industry is about $570. 

Please note that 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. 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 49907 

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

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4See Securities Exchange Act Release No. 57323 

(February 13, 2008), 73 FR 9371 (February 20, 2008) 

(SR–NYSE–2008–09). 

5See Securities Exchange Act Release No. 57826 

(May 15, 2008), 73 FR 29802 (May 22, 2008) (SR– 

NASDAQ–2007–001). 

6See Securities Exchange Act Release No. 58328 

(August 8, 2008), 73 FR 47247 (August 13, 2008) 

(SR–NYSE–2008–63). 

7See Securities Exchange Act Release No. 58732 

(October 3, 2008), 73 FR 61183 (October 15, 2008) 

(SR–NYSE–2008–99). 

8See Securities Exchange Act Release No. 59255 

(January 15, 2009) 74 FR 4496 (January 26, 2009) 

(SR–NYSE–2009–02). 

9See Securities Exchange Act Release No. 59581 

(March 9, 2009) 74 FR 12431 (March 24, 2009) (SR– 

NYSE–2009–26). 

10See Securities Exchange Act Release No. 59838 

(April 28, 2009) 74 FR 20767 (May 5, 2009) (SR– 

NYSEArca-2009–36) (See NYSE Arca Rule 7.10). 

sending an e-mail to: 

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

Charles Boucher, Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Shirley 

Martinson, 6432 General Green Way, 

Alexandria, VA 22312 or send an e-mail 

to PRA_Mailbox@sec.gov. Comments 

must be submitted within 30 days of 

this notice. 

Dated: September 23, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–23494 Filed 9–28–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60712; File No. SR–NYSE– 

2009–97] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC Extending Until 

October 4, 2009, the Operation of 

Interim NYSE Rule 128 Which Permits 

the Exchange To Cancel or Adjust 

Clearly Erroneous Executions If They 

Arise Out of the Use or Operation of 

Any Quotation, Execution or 

Communication System Owned or 

Operated by the Exchange, Including 

Those Executions That Occur in the 

Event of a System Disruption or 

System Malfunction 

September 23, 2009. 

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

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on 

September 22, 2009, New York Stock 

Exchange LLC (‘‘NYSE’’ or the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’ or ‘‘SEC’’) the proposed 

rule change as described in Items I and 

II below, which Items have been 

prepared by the Exchange. NYSE has 

designated the proposed rule change as 

constituting a rule change under Rule 

19b–4(f)(6) under the Act,3 which 

renders the proposal 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 Exchange proposes to extend 

until October 4, 2009, the operation of 

interim NYSE Rule 128 (‘‘Clearly 

Erroneous Executions for NYSE 

Equities’’) which permits the Exchange 

to cancel or adjust clearly erroneous 

executions if they arise out of the use or 

operation of any quotation, execution or 

communication system owned or 

operated by the Exchange, including 

those executions that occur in the event 

of a system disruption or system 

malfunction. The text of the proposed 

rule change is available at the Exchange, 

the Commission’s Public Reference 

Room, and http://www.nyse.com. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization 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 those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to extend 

until October 4, 2009, the operation of 

interim NYSE Rule 128 (‘‘Clearly 

Erroneous Executions for NYSE 

Equities’’) which permits the Exchange 

to cancel or adjust clearly erroneous 

executions if they arise out of the use or 

operation of any quotation, execution or 

communication system owned or 

operated by the Exchange, including 

those executions that occur in the event 

of a system disruption or system 

malfunction. 

Prior to the implementation of NYSE 

Rule 128 on January 28, 2008,4 the 

NYSE did not have a rule providing the 

Exchange with the authority to cancel or 

adjust clearly erroneous trades of 

securities executed on or through the 

systems and facilities of the NYSE. 

In order for the NYSE to be consistent 

with other national securities exchanges 

which have some version of a clearly 

erroneous execution rule, the Exchange 

is drafting an amended clearly 

erroneous rule which will accommodate 

such other exchanges but will be 

appropriate for the NYSE market model. 

The NYSE notes that the Commission 

approved an amended clearly erroneous 

execution rule for Nasdaq in May 2008.5

On July 28, 2008, the Exchange filed 

with the SEC a request to extend the 

operation of interim Rule 128 until 

October 1, 2008 6 in order to review the 

provisions of Nasdaq’s clearly erroneous 

rule and to consider integrating similar 

standards into its own amendment to 

Rule 128. On October 1, 2008,7 the 

Exchange filed with the SEC a further 

request to extend the operation of 

interim Rule 128 until January 9, 2009 

in order to consider integrating similar 

standards into the amendment to Rule 

128. On January 9, 2009,8 the Exchange 

filed with the SEC a request to extend 

the operation of interim Rule 128 until 

March 9, 2009, indicating that the 

Exchange was still in the process of 

reviewing the Nasdaq rule with a view 

towards incorporating certain 

provisions into the amendment of 

interim Rule 128. 

On February 10, 2009, NYSE Arca 

submitted a proposal to the SEC to 

amend its clearly erroneous rule. The 

NYSE Arca proposed rule differed in 

certain respects from the Nasdaq clearly 

erroneous rule. On March 9, 2009, the 

Exchange filed with the SEC a request 

to extend the operation of interim Rule 

128 until June 9, 2009 9 to finalize 

review of NYSE Arca’s proposed 

amended CEE rule, which included 

market wide CEE initiatives, to 

determine if it was appropriate to 

incorporate such provisions into the 

Rule 128 amendment. 

Thereafter, on April 24, 2009, NYSE 

Arca filed a revised rule change with the 

Commission to amend its clearly 

erroneous rule (NYSE Arca Rule 7.10).10

The Exchange was in the process of 

finalizing its review of NYSE Arca’s 

revised CEE rule change, which also 

included market wide CEE initiatives, to 

determine if it was appropriate to 

incorporate all such provisions into 

NYSE’s interim Rule 128 amendment. 

On June 9, 2009, the Exchange filed 

with the SEC a request to extend the 


jlentini on DSKJ8SOYB1PROD with NOTICES