Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Notices 51885 

That approval is set to expire on March 

31, 2010. 

Below is a brief summary of the 

proposed information collection: 

Title of Collection: Section 1512 Data 

Standards. 

OMB Control No.: 0430–0004. 

Description: The American Recovery 

and Reinvestment Act of 2009 (Pub. L. 

111–5, 123 Stat. 115 (2009)) (the 

Recovery Act) established the Board and 

required that the Board establish and 

maintain a public-facing Web site to 

track covered funds. Section 1512 of the 

Recovery Act requires recipients of 

Federal financial assistance—namely, 

grants, cooperative agreements, 

contracts and loans—to report on the 

use of funds. These reports are to be 

submitted to FederalReporting.gov, and 

certain information from these reports 

will later be posted on the public-facing 

Web site Recovery.gov. More 

specifically, prime recipients, subrecipients, and vendors who receive 

Recovery Act funds are required to 

submit section 1512 data elements as set 

forth in the Recipient Reporting Data 

Model (available electronically at 

https://www.federalreporting.gov/ 

federalreporting/downloads.do). On 

June 22, 2009, OMB issued the 

following reporting guidance in its 

‘‘Implementing Guidance for the 

Reports on Use of Funds Pursuant to the 

American Recovery and Reinvestment 

Act of 2009’’ (OMB Guidance): 

Prime Recipients: The prime recipient 

is ultimately responsible for the 

reporting of all data required by section 

1512 of the Recovery Act and the OMB 

Guidance, including the Federal 

Funding Accountability and 

Transparency Act (FFATA) data 

elements for the sub-recipients of the 

prime recipient required under section 

1512(c)(4). In addition, the prime 

recipient must report three additional 

data elements associated with any 

vendors receiving funds from the prime 

recipient for any payments greater than 

$25,000. Specifically, the prime 

recipient must report the identity of the 

vendor by reporting the DUNS number, 

the amount of the payment, and a 

description of what was obtained in 

exchange for the payment. If the vendor 

does not have a DUNS number, then the 

name and zip code of the vendor’s 

headquarters will be used for 

identification. 

Sub-Recipients of the Prime Recipient: 

The sub-recipients of the prime 

recipient may be required by the prime 

recipient to report the FFATA data 

elements required under section 

1512(c)(4) for payments from the prime 

recipient to the sub-recipient. The 

reporting sub-recipients must also 

report one data element associated with 

any vendors receiving funds from that 

sub-recipient. Specifically, the subrecipient must report, for any payments 

greater than $25,000, the identity of the 

vendor by reporting the DUNS number, 

if available, or otherwise the name and 

zip code of the vendor’s headquarters. 

Required Data: The specific data 

elements to be reported by prime 

recipients and sub-recipients are 

included in the Recipient Reporting 

Data Model. Below are the basic 

reporting requirements to be reported on 

prime recipients, recipient vendors, subrecipients, and sub-recipient vendors. 

Prime Recipient 

1. Federal Funding Agency Name 

2. Award identification 

3. Recipient DUNS 

4. Parent DUNS 

5. Recipient CCR information 

6. CFDA number, if applicable 

7. Recipient account number 

8. Project/grant period 

9. Award type, date, description, and 

amount 

10. Amount of Federal Recovery Act 

funds expended to projects/ 

activities 

11. Activity code and description 

12. Project description and status 

13. Job creation narrative and number 

14. Infrastructure expenditures and 

rationale, if applicable 

15. Recipient primary place of 

performance 

16. Recipient area of benefit 

17. Recipient officer names and 

compensation (Top 5) 

18. Total number and amount of small 

sub-awards; less than $25,000 

Recipient Vendor 

1. DUNS or Name and zip code of 

Headquarters (HQ) 

2. Expenditure amount 

3. Expenditure description 

Sub-Recipient (Also Referred to as 

FFATA Data Elements) 

1. Sub-recipient DUNS 

2. Sub-recipient CCR information 

3. Sub-recipient type 

4. Amount received by sub-recipient 

5. Amount awarded to sub-recipient 

6. Sub-award date 

7. Sub-award period 

8. Sub-recipient place of performance 

9. Sub-recipient area of benefit 

10. Sub-recipient officer names and 

compensation (Top 5) 

Sub-Recipient Vendor 

1. DUNS or Name and zip code of HQ 

Affected Public: All recipients, as 

defined in section 1512(b)(1) of the 

Recovery Act, of Recovery funds 

(specifically, Federal financial 

assistance). 

Total Estimated Number of 

Respondents: 133,993. 

Frequency of Responses: Quarterly. 

Total Estimated Annual Burden 

Hours: 1,339,930. 

Ivan Flores, 

Paralegal Specialist, Recovery Accountability 

and Transparency Board. 

[FR Doc. E9–24320 Filed 10–7–09; 8:45 am] 

BILLING CODE 6820–GA–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon written request, copies available 

from: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: Rule 30e–1, SEC File No. 270–21, 

OMB Control No. 3235–0025. 

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 (the 

‘‘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. 

This notice supersedes the notice 

regarding the comment request on the 

collection of information, ‘‘Rule 30e–1 

(CFR 270.30e–1) under the Investment 

Company Act of 1940, (15 U.S.C. 80a– 

1 et seq.) Reports to Stockholders of 

Management Companies’’ published in 

the Federal Register on July 30, 2009 

(74 FR 38065) because the methodology 

of calculating the burden of the 

collection of information has been 

revised. 

The title for the collection of 

information is: ‘‘Rule 30e–1 under the 

Investment Company Act of 1940, 

Reports to Stockholders of Management 

Companies.’’ Section 30(e) (15 U.S.C. 

80a–29(e)) of the Investment Company 

Act of 1940 (‘‘Investment Company 

Act’’) requires a registered investment 

company (‘‘fund’’) to transmit to its 

shareholders, at least semi-annually, 

reports containing financial statements 

and other financial information as the 

Commission may prescribe by rules and 

regulations. In addition, Section 30(f) 

permits the Commission to require by 

rule that semi-annual reports include 

such other information as the 

Commission deems necessary or 

mstockstill on DSKH9S0YB1PROD with NOTICES

51886 Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / Notices 

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

2 17 CFR 240.19b–4. 

3The current FINRA rulebook consists of (1) 

FINRA Rules; (2) NASD Rules; and (3) rules 

incorporated from NYSE (‘‘Incorporated NYSE 

Rules’’) (together, the NASD Rules and Incorporated 

NYSE Rules are referred to as the ‘‘Transitional 

Rulebook’’). While the NASD Rules generally apply 

to all FINRA members, the Incorporated NYSE 

Rules apply only to those members of FINRA that 

are also members of the NYSE (‘‘Dual Members’’). 

The FINRA Rules apply to all FINRA members, 

unless such rules have a more limited application 

by their terms. For more information about the 

rulebook consolidation process, see Information 

Notice, March 12, 2008 (Rulebook Consolidation 

Process). 

4For purposes of these rules, the term ‘‘noninstitutional customer’’ means a customer that does 

not qualify as an ‘‘institutional account’’ under 

NASD Rule 3110(c)(4). See NASD Rule 2360(f); 

NASD Rule 2361(d). FINRA is proposing to adopt 

NASD Rule 3110(c)(4) as FINRA Rule 4512(c). See 

Regulatory Notice 08–25 (May 2008). 

5See NASD Rule 2360(e); NASD Rule 2361(c). 

appropriate in the public interest or for 

the protection of investors. Rule 30e–1 

generally requires a fund to transmit to 

its shareholders, at least semi-annually, 

reports containing the information that 

is required to be included in such 

reports by the fund’s registration 

statement form under the Investment 

Company Act. Failure to require the 

collection of this information would 

seriously impede the amount of current 

information available to shareholders 

and the public about funds and would 

prevent the Commission from 

implementing the regulatory program 

required by statute. Approximately 

2,800 funds, with a total of 

approximately 10,460 portfolios, 

respond to rule 30e–1 annually. The 

estimate of the total annual reporting 

burden of the collection of information 

is approximately 114.2 hours per 

portfolio, and the total estimated annual 

burden for the industry is 1,194,532 

hours (114.2 hours × 10,460 portfolios). 

Providing the information required by 

rule 30e–1 is mandatory. Responses will 

not be kept confidential. Estimates of 

the burden hours 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 SEC rules 

and forms. 

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 are invited on: (a) 

Whether the 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 of 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 

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. 

Please direct your written comments 

to 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. 

Dated: October 2, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–24269 Filed 10–7–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60754; File No. SR–FINRA– 

2009–059] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Notice of Filing of 

Proposed Rule Change To Adopt 

NASD Rules 2360 and 2361 Into the 

Consolidated Rulebook as FINRA 

Rules 2130 and 2270 

October 2, 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 9, 2009, Financial Industry 

Regulatory Authority, Inc. (‘‘FINRA’’) (f/ 

k/a National Association of Securities 

Dealers, Inc. (‘‘NASD’’)) filed with the 

Securities and Exchange Commission 

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

rule change to adopt NASD Rule 2360 

(Approval Procedures for Day-Trading 

Accounts) as FINRA Rule 2130 and to 

adopt NASD Rule 2361 (Day-Trading 

Risk Disclosure Statement) as FINRA 

Rule 2270 in the consolidated FINRA 

rulebook, with minor changes, as 

described in Items I, II, and III below, 

which Items substantially have been 

prepared by FINRA. 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 text of the proposed rule change 

is available on FINRA’s Web site at 

http://www.finra.org, at the principal 

office of FINRA and at the 

Commission’s Public Reference Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

FINRA 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. FINRA 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 

1. Purpose 

As part of the process of developing 

a new consolidated rulebook 

(‘‘Consolidated FINRA Rulebook’’),3

FINRA is proposing to adopt NASD 

Rules 2360 and 2361 in the consolidated 

FINRA rulebook with minor changes, as 

FINRA Rules 2130 and 2270 

respectively. 

NASD Rules 2360 and 2361 focus on 

members’ obligations to disclose to noninstitutional customers 4 the basic risks 

of engaging in a ‘‘day-trading strategy’’ 

and to assess the appropriateness of 

day-trading strategies for such 

customers. The rules define a ‘‘daytrading strategy’’ as ‘‘an overall trading 

strategy characterized by the regular 

transmission by a customer of intra-day 

orders to effect both purchase and sale 

transactions in the same security or 

securities.’’ 5 NASD Rule 2360 creates 

an obligation on members that promote 

a day-trading strategy regarding 

account-opening approval procedures 

for non-institutional customers. NASD 

Rule 2361 creates an obligation on such 

members to disclose to non-institutional 

customers the unique risks of engaging 

in a day-trading strategy. 

NASD Rule 2360 prohibits a member 

promoting a day-trading strategy from 

opening an account for a noninstitutional customer unless, prior to 

opening the account, the member has 

furnished the customer with a risk 

disclosure statement (as described in 

NASD Rule 2361) and has either (1) 

approved the customer’s account for a 

day-trading strategy and prepared a 

record setting forth the basis for the 

mstockstill on DSKH9S0YB1PROD with NOTICES