Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices 53455 

1Form X–17A–5 is the Financial and Operational 

Combined Uniform Single Report (‘‘FOCUS 

Report’’), which is used by brokers and dealers to 

provide certain required information to the 

Commission. 

Comments should be directed to: 

Lewis W. Walker, Acting 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 within 60 

days of this notice. 

Dated: September 8, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–21527 Filed 9–15–08; 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 10A–1, SEC File No. 270–425, OMB 

Control No. 3235–0468 

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 

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

previously approved collection of 

information discussed below. 

Rule 10A–1 (17 CFR 240.10A–1) 

implements the reporting requirements 

in Section 10A of the Securities 

Exchange Act of 1934 (15 U.S.C. 78j-1), 

which was enacted by Congress on 

December 22, 1995 as part of the Private 

Securities Litigation Reform Act of 

1995, Public Law No. 104–67, 109 Stat 

737. Under section 10A and Rule 10A– 

1 reporting occurs only if a registrant’s 

board of directors receives a report from 

its auditors that (1) there is an illegal act 

material to the registrant’s financial 

statements, (2) senior management and 

the board have not taken timely and 

appropriate remedial action, and (3) the 

failure to take such action is reasonably 

expected to warrant the auditor’s 

modification of the audit report or 

resignation from the audit engagement. 

The board of directors must notify the 

Commission within one business day of 

receiving such a report. If the board fails 

to provide that notice, then the auditor, 

within the next business day, must 

provide the Commission with a copy of 

the report that it gave to the board. 

Likely respondents are those 

registrants filing audited financial 

statements under the Securities 

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

seq.) and the Investment Company Act 

of 1940 (15 U.S.C. 80a-1, et seq.). 

It is estimated that Rule 10A–1 results 

in an aggregate additional reporting 

burden of 10 hours per year. The 

estimated average burden hours are 

solely for 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 or forms. 

There are no recordkeeping retention 

periods in Rule 10A–1. Because of the 

one business day reporting periods, 

recordkeeping retention periods should 

not be significant. 

Filing the notice or report under Rule 

10A–1 is mandatory once the conditions 

noted above have been satisfied. 

Because these notices and reports 

discuss potential illegal acts, they are 

considered to be investigative records 

and are 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. 

General 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 email to: 

Kimberly_P._Nelson@omb.eop.gov; and 

(ii) Lewis W. Walker, Acting Director/ 

Chief Information Officer, 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: September 8, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–21528 Filed 9–15–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: U.S. Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213 

Extension: 

Rule 17a–10, OMB Control No. 3235–0122, 

SEC File No. 270–154 

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 

(‘‘OMB’’) a request for approval of 

extension of the existing collection of 

information provided for in the 

following rule: Rule 17a–10 (17 CFR 

240.17a–10) under the Securities 

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

seq.) (‘‘Exchange Act’’). 

Paragraph (a)(1) of Rule 17a–10 

generally requires brokers and dealers 

that are exempted from the requirement 

to file monthly and quarterly reports 

pursuant to paragraph (a) of Exchange 

Act Rule 17a–5 (17 CFR 240.17a–5) to 

file with the Commission the Facing 

Page, a Statement of Income (Loss), and 

balance sheet from Part IIA of Form X– 

17A–5 1 (17 CFR 249.617), and Schedule 

I of Form X–17A–5 not later than 17 

business days after the end of each 

calendar year. 

Paragraph (a)(2) of Rule 17a–10 

requires a broker or dealer subject to 

Rule 17a–5(a) to submit Schedule I of 

Form X–17A–5 with its Form X–17A–5 

for the calendar quarter ending 

December 31 of each year. 

Paragraph (b) of Rule 17a–10 provides 

that the provisions of paragraph (a) do 

not apply to members of national 

securities exchanges or registered 

national securities associations that 

maintain records containing the 

information required by Form X–17A–5 

and which transmit to the Commission 

copies of the records pursuant to a plan 

which has been declared effective by the 

Commission. 

The primary purpose of Rule 17a–10 

is to obtain the economic and statistical 

data necessary for an ongoing analysis 

of the securities industry. 

As originally adopted in 1968, Rule 

17a–10 required brokers and dealers to 

provide their revenue and expense data 

on a special form. The Rule was 

amended in 1977 to eliminate the form. 

The data previously reported on the 

form is now reported using Form X– 

17A–5 and its supplementary schedules. 

The Commission estimates that 

approximately 500 broker-dealers will 

spend an average of approximately 12 

hours per year complying with Rule 

17a-10. Thus, the total compliance 

burden is estimated to be approximately 

6,000 burden-hours per year. 


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