4990 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

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

2 17 CFR 240.19b–4. 

Dated: January 21, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1716 Filed 1–27–09; 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: 

Rule 19d–2; OMB Control No. 3235–0205; 

SEC File No. 270–204. 

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 of 

Rule 19d–2 (17 CFR 240.19d–2) under 

the Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.) (‘‘Exchange Act’’). 

Rule 19d–2 prescribes the form and 

content of applications to the 

Commission by persons desiring stays of 

final disciplinary sanctions and 

summary action of self-regulatory 

organizations (‘‘SROs’’) for which the 

Commission is the appropriate 

regulatory agency. 

It is estimated that approximately 

eight respondents will utilize this 

application procedure annually, with a 

total burden of 24 hours, based upon 

past submissions. The staff estimates 

that the average number of hours 

necessary to comply with the 

requirements of Rule 19d–2 is 3 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. 

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 by 

sending an e-mail to: 

Shagufta_Ahmed@omb.eop.gov; and 

(ii) Charles Boucher, Director/Chief 

Information Officer, 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: January 21, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1717 Filed 1–27–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

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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: Form 2–E under Rule 609, SEC 

File No. 270–222, OMB Control No. 

3235–0233. 

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. 

Rule 609 (17 CFR 230.609) under the 

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

seq.) requires small business investment 

companies and business development 

companies that have engaged in 

offerings of securities that are exempt 

from registration pursuant to Regulation 

E under the Securities Act of 1933 (17 

CFR 230.601 to 610a) to report semiannually on Form 2–E (17 CFR 239.201) 

the progress of the offering. The form 

solicits information such as the dates an 

offering has commenced and has been 

completed, the number of shares sold 

and still being offered, amounts 

received in the offering, and expenses 

and underwriting discounts incurred in 

the offering. This information assists the 

staff in determining whether the issuer 

has stayed within the limits of an 

offering exemption. 

Form 2–E must be filed semi-annually 

during an offering and as a final report 

at the completion of the offering. Less 

frequent filing would not allow the 

Commission to monitor the progress of 

the offering in order to ensure that the 

issuer was not attempting to avoid the 

normal registration provisions of the 

securities laws. 

During the calendar year 2008, there 

were five filings of Form 2–E by three 

respondents. The Commission 

estimates, based on its experience with 

disclosure documents generally and 

Form 2–E in particular, and based on 

informal contacts with the investment 

company industry, that the total annual 

burden associated with information 

collection and Form 2–E preparation 

and submission is four hours per filing 

or 20 hours for all respondents. 

The 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 

representative survey or study of the 

cost of Commission rules and forms. 

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: January 22, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1873 Filed 1–27–09; 8:45 am] 

BILLING CODE 8011–01–P 

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[Release No. 34–59284; File No. SR–BATS– 

2009–002] 

Self-Regulatory Organizations; BATS 

Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend BATS Rule 

11.8, Entitled ‘‘Obligations of Market 

Makers.’’ 

January 23, 2009. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on January 

15, 2009, BATS Exchange, Inc. (‘‘BATS’’ 


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