4484 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

1The $295/hour figure for an attorney is from 

SIFMA’s Management & Professional Earnings in 

the Securities Industry 2007, modified by the 

Commission staff to account for an 1800-hour workyear and multiplied by 5.35 to account for bonuses, 

firm size, employee benefits and overhead. 

2The $40/hour figure for a general clerk is from 

SIFMA’s Office Salaries in the Securities Industry 

2007, modified by Commission staff to account for 

an 1800-hour work-year and multiplied by 2.92 to 

account for bonuses, firm size, employee benefits 

and overhead. The staff believes that the ODD 

would be mailed or electronically delivered to 

customers by a general clerk of the broker-dealer or 

some other equivalent position. 

($162,900 in 2009) for SES members 

covered by an SES performance 

appraisal system that has not been 

certified. By law, SES members are not 

authorized to receive locality payments. 

Agencies with certified performance 

appraisal systems in 2009 for senior 

executives and/or senior-level (SL) and 

scientific or professional (ST) positions 

also must apply a higher aggregate 

limitation on pay—up to the Vice 

President’s salary ($227,300 in 2009). 

The Executive order adjusted the rates 

of basic pay for administrative law 

judges (ALJs) by 2.9 percent, rounded to 

the nearest $100 (except for those at 

AL–1, which was increased by 2.8 

percent consistent with the Executive 

Schedule increase). The maximum rate 

of basic pay for ALJs is set by law at the 

rate for level IV of the Executive 

Schedule, which is now $153,200. The 

rate of basic pay for AL–2 is $149,600. 

The rates of basic pay for AL–3/A 

through 3/F range from $102,400 to 

$141,600. (See 5 U.S.C. 5372.) 

The rates of basic pay for members of 

Contract Appeals Boards are calculated 

as a percentage of the rate for level IV 

of the Executive Schedule. (See 5 U.S.C. 

5372a.) Therefore, these rates of basic 

pay were increased by approximately 

2.8 percent. 

The maximum rate of basic pay for 

SL/ST positions was increased by 

approximately 2.8 percent (to $153,200) 

because it is tied to the rate for level IV 

of the Executive Schedule. The 

minimum rate of basic pay for SL/ST 

positions is equal to 120 percent of the 

minimum rate of basic pay for GS–15 

and thus was increased by 2.9 percent 

(to $117,787). (See 5 U.S.C. 5376.) Note 

that beginning April 12, 2009, 

employees in SL/ST positions will begin 

receiving pay under the provisions of a 

new pay system established under the 

Senior Professional Performance Act of 

2008 (Pub. L. 110–372, October 8, 2008). 

OPM will issue additional information 

on the new SL/ST pay system before 

April 12, 2009. 

On October 27, 2008, the President’s 

Pay Agent extended the 2009 localitybased comparability payments to certain 

categories of non-GS employees. The 

Governmentwide categories include 

ALJs and Contract Appeals Board 

members. The maximum locality rate of 

pay for these employees is the rate for 

level III of the Executive Schedule 

($162,900 in 2009). 

On December 18, 2008, OPM issued a 

memorandum (CPM 2008–22) on the 

January 2009 pay adjustments. (See 

http://www.opm.gov/oca/compmemo/ 

index.asp.) The memorandum 

transmitted Executive Order 13483 and 

provided the 2009 salary tables, locality 

pay areas and percentages, and 

information on general pay 

administration matters and other related 

information. The ‘‘2009 Salary Tables’’ 

posted on OPM’s Web site at http:// 

www.opm.gov/oca/09tables/index.asp 

are the official rates of pay for affected 

employees and are hereby incorporated 

as part of this notice. 

Office of Personnel Management. 

Michael W. Hager, 

Acting Director. 

[FR Doc. E9–1643 Filed 1–23–09; 8:45 am] 

BILLING CODE 6325–39–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 9b–1; OMB Control No. 3235–0480 ; 

SEC File No. 270–429. 

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 

existing collection of information 

provided for in the following rule: Rule 

9b–1 (17 CFR 240.9b–1) under the 

Securities Exchange Act of 1934 (15 

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

Rule 9b–1 (17 CFR 240.9b–1) sets 

forth the categories of information 

required to be disclosed in an options 

disclosure document (‘‘ODD’’) and 

requires the options markets to file an 

ODD with the Commission 60 days prior 

to the date it is distributed to investors. 

In addition, Rule 9b–1 provides that the 

ODD must be amended if the 

information in the document becomes 

materially inaccurate or incomplete and 

that amendments must be filed with the 

Commission 30 days prior to the 

distribution to customers. Finally, Rule 

9b–1 requires a broker-dealer to furnish 

to each customer an ODD and any 

amendments, prior to accepting an order 

to purchase or sell an option on behalf 

of that customer. 

There are six options markets that 

must comply with Rule 9b–1. These six 

respondents work together to prepare a 

single ODD covering options traded on 

each market, as well as amendments to 

the ODD. These respondents file 

approximately three amendments per 

year. The staff calculates that the 

preparation and filing of amendments 

should take no more than eight hours 

per options market. Thus, the total 

compliance burden for options markets 

per year is 144 hours (6 options markets 

× 8 hours per amendment × 3 

amendments). The estimated cost for an 

in-house attorney is $295 per hour,1

resulting in a total cost of compliance 

for these respondents of $42,480 per 

year (144 hours @ $295). 

In addition, approximately 1,500 

broker-dealers must comply with Rule 

9b–1. Each of these respondents will 

process an average of three new 

customers for options each week and, 

therefore, will have to furnish 

approximately 156 ODDs per year. The 

postal mailing or electronic delivery of 

the ODD takes respondents no more 

than 30 seconds to complete for an 

annual compliance burden for each of 

these respondents of 78 minutes, or 1.3 

hours. Thus, the total compliance 

burden per year is 1,950 hours (1,500 

broker-dealers × 1.3 hours). The 

estimated cost for a general clerk of a 

broker-dealer is $40 per hour,2 resulting 

in a total cost of compliance for these 

respondents of $78,000 per year (1,950 

hours @ $40). 

The total compliance burden for all 

respondents under this rule (both 

options markets and broker-dealers) is 

2,094 hours per year (144 + 1,950), and 

total compliance costs of $120,480 

($42,480 + $78,000). 

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 

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 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4485 

1A ‘‘statutory prospectus’’ is a prospectus that 

meets the requirements of Section 10(a) of the 

Securities Act of 1933 (15 U.S.C. 77j(a)). 

2Sales literature addressed to or intended for 

distribution to prospective investors is deemed filed 

with the Commission for purposes of Section 24(b) 

of the Investment Company Act upon filing with a 

national securities association registered under 

Section 15A of the Securities Exchange Act of 1934 

that has adopted rules providing standards for the 

investment company advertising practices of its 

members and has established and implemented 

procedures to review that advertising. See Rule 

24b–3 under the Investment Company Act (17 CFR 

270.24b–3). 

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: January 14, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1458 Filed 1–23–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copy Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 34b–1; File No. 270–305; OMB 

Control No. 3235–0346. 

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’’) has submitted to the 

Office of Management and Budget a 

request for extension of the previously 

approved collection of information 

discussed below. 

Rule 34b–1 under the Investment 

Company Act (17 CFR 270.34b–1) 

governs sales material that accompanies 

or follows the delivery of a statutory 

prospectus (‘‘sales literature’’).1 Rule 

34b–1 deems to be materially 

misleading any investment company 

sales literature required to be filed with 

the Commission by Section 24(b) of the 

Investment Company Act (15 U.S.C. 

80a–24(b)) 2 that includes performance 

data, unless the sales literature also 

includes the appropriate uniformly 

computed data and the legend 

disclosure required in investment 

company advertisements by rule 482 

under the Securities Act of 1933 (17 

CFR 230.482). Requiring the inclusion 

of such standardized performance data 

in sales literature is designed to prevent 

misleading performance claims by funds 

and to enable investors to make 

meaningful comparisons among fund 

performance claims. 

The Commission estimates that 3,210 

respondents file approximately 13,001 

responses with the Commission that 

include the information required by rule 

34b–1. The burden from rule 34b–1 

requires 2.41 hours per response 

resulting from creating the information 

required under rule 34b–1. The total 

burden hours for rule 34b–1 is 31,332 

per year in the aggregate (13,001 

responses × 2.41 hours per response). 

Estimates of average 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 Commission rules and forms. 

The collection of information under 

rule 34b–1 is mandatory. The 

information provided under rule 34b–1 

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@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: January 14, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1459 Filed 1–23–09; 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: 

Regulation S–K, OMB Control No. 3235– 

0071, SEC File No. 270–2. 

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 

discussed below. 

Regulation S–K (17 CFR 229.101– 

229.103, 229.201–229.202, 229.301– 

229.308T, 229.401–229.407, 229.501– 

229.512, 229.601, 229.701–229.703, 

229.801–229.802, 229.901–229.915) 

specifies the non-financial disclosure 

requirements applicable to registration 

statements under the Securities Act of 

1933 (15 U.S.C. 77a et seq.) and 

registration statements under Section 

12, annual and other reports under 

Section 13 and 15(d), going-private 

transaction statements under Section 13, 

tender offer statements under Section 13 

and 14, annual reports to security 

holders and proxy and information 

statements under Section 14 and any 

other documents required to be filed 

under the Securities Exchange Act of 

1934 (15 U.S.C. 78l, 78m, 78n, 78o(d)). 

Regulation S–K is assigned one burden 

hour for administrative convenience. 

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 email 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, 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 14, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1460 Filed 1–23–09; 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