Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 37067 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(ii). 

4 17 CFR 240.19b–4(f)(2). 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Extension of Existing 

Collection; 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 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’’) is soliciting comments 

on the existing collection of information 

provided for in the following rule: Rule 

17Ad–4(b) and (c) under the Securities 

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

seq.) (‘‘Exchange Act’’). The 

Commission plans to submit this 

existing collection of information to the 

Office of Management and Budget 

(‘‘OMB’’) for extension and approval. 

Rule 17Ad–4(b) and (c) (17 CFR 

240.17Ad–4) is used to document when 

transfer agents are exempt, or no longer 

exempt, from the minimum 

performance standards and certain 

recordkeeping provisions of the 

Commission’s transfer agent rules. Rule 

17Ad–4(c) sets forth the conditions 

under which a registered transfer agent 

loses its exempt status. Once the 

conditions for exemption no longer 

exist, the transfer agent, to keep the 

appropriate regulatory authority 

(‘‘ARA’’) apprised of its current status, 

must prepare, and file if the ARA for the 

transfer agent is the Board of Governors 

of the Federal Reserve System 

(‘‘BGFRS’’) or the Federal Deposit 

Insurance Corporation (‘‘FDIC’’), a 

notice of loss of exempt status under 

paragraph (c). The transfer agent then 

cannot claim exempt status under Rule 

17Ad–4(b) again until it remains subject 

to the minimum performance standards 

for non-exempt transfer agents for six 

consecutive months. 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 

to which that transfer agent is subject to 

regulation. 

The BGFRS receives approximately 

two notices of exempt status and two 

notices of loss of exempt status 

annually. The 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. 

Written comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

estimates of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be 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. 

Comments should be directed to 

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. 

Dated: July 21, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–17768 Filed 7–24–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60352; File No. SR– 

NASDAQ–2009–059] 

Self-Regulatory Organizations; the 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

a Proposed Rule Change Modifying 

Fees for Members Using the NASDAQ 

Options Market 

July 21, 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 July 1, 

2009, The NASDAQ Stock Market LLC 

(‘‘NASDAQ’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III, below, which Items have been 

prepared by NASDAQ. Pursuant to 

Section 19(b)(3)(A)(ii) of the Act 3 and 

Rule 19b–4(f)(2) thereunder,4 a 

proposed rule change to modify pricing 

for NASDAQ members using the 

NASDAQ Options Market (‘‘NOM’’), 

Nasdaq’s facility for the trading of 

standardized equity and index options 

[sic]. 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 

NASDAQ proposes to modify pricing 

for NASDAQ members using the Nasdaq 

Market Center. This proposed rule 

change, which is effective upon filing, 

will become operative on July 1, 2009. 

The text of the proposed rule change is 

available at http:// 

nasdaqomx.cchwallstreet.com/, at 

NASDAQ’s principal office, 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, 

NASDAQ included statements 

concerning the purpose of and basis for 

the proposed rule change. The text of 

these statements may be examined at 

the places specified in Item IV below. 

NASDAQ has prepared summaries, set 

forth in Sections A, B, and C below, of 

the most significant aspects of such 

statements. 


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