[Federal Register Volume 61, Number 205 (Tuesday, October 22, 1996)]
[Notices]
[Pages 54825-54827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27036]
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SECURITIES AND EXCHANGE COMMISSION
Request for Public Comment
Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.
Approval of Existing Collections:
Rule 9b-1, SEC File No. 270-429, OMB Control No. 3235-new.
Rule 15c2-8, SEC File No. 270-421, OMB Control No. 3235-new.
Extensions:
Rule 12f-1, SEC File No. 270-139, OMB Control No. 3235-0128.
Rule 12f-2, and Form 27, SEC File No. 270-140, OMB Control No.
3235-0248.
Rule 12f-3 and Form 28, SEC File No. 270-141, OMB Control No. 3235-
0249.
Rule 12a-5 and Form 26, SEC File No. 270-85, OMB Control No. 3235-
0079.
Rule 15Aj-1, Form X-15AJ-1 and Form X-15AJ-2, SEC File No. 270-25,
OMB Control No. 3235-0044.
Rule 15c2-11, SEC File No. 270-196, OMB Control No. 3235-0202.
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 publishing the following summary of
collections for public comment.
Rule 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 5 options markets that must comply with Rule 9b-1. These
5 respondents work together to prepare a single ODD covering options
traded on each market, as well as amendments to the ODD. These
respondents file no more than one amendment per year, which requires
approximately 8 hours per year for each respondent. Thus, the total
compliance burden for options markets per year is 40 hours. The
approximate cost per hour is $100, resulting in a total cost of
compliance for these respondents of $4,000 per year (40 hours @ $100).
In addition, approximately 2,000 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 2,600 hours (2,000 broker-dealers x 1.3 hours).
The approximate cost per hour to these
[[Page 54826]]
respondents is $10 per hour, resulting in a total cost of compliance
for these respondents of $26,000 per year (2,600 hours @ 1.3 hours).
The total compliance burden for all respondents under this rule
(both options markets and broker-dealers) is 2,640 hours per year (40 +
2,600), and total compliance costs of $30,000 ($4,000 + $26,000).
Rule 15c2-8 requires broker-dealers to deliver preliminary or final
prospectuses to specified persons in association with securities
offerings. This requirement ensures that information concerning issuers
flows to purchasers of the issuers' securities in a timely fashion.
There are approximately 8,500 broker-dealers, any of which potentially
may participate in an offering subject to Rule 15c2-8. The Commission
estimates that Rule 15c2-8 creates approximately 40,290 burden hours
with respect to approximately 579 initial public offerings and 1,344
other offerings.
Estimating that records are to be kept by compliance or other
related personnel paid at an hourly rate of $28, the total annualized
cost burden for recordkeeping is $1,128,120 (28 x 40,290). Added to
this are the costs of copying and mailing. These costs are estimated to
be approximately $100,000 per initial public offering, for a total of
$59,200,000, with other costs expected to be de minimis, as they would
be incurred for purposes of complying with Securities Act of 1933
provisions. The total annualized cost burden is therefore $60,328,120.
Rule 12f-1 sets forth the information which an exchange must
include in an application for unlisted trading privileges in a
security. There are 5 national securities exchanges that require an
aggregate total of 670 hours to comply with this rule. Each of these 5
respondents makes an estimated 134 annual responses, for an aggregate
of 670 responses per year. Each response takes approximately 1 hour to
complete. Thus, the total compliance burden per year is 670 burden
hours. The approximate cost per hour is $100, resulting in a total cost
of compliance for the respondents of $67,000 (670 hours @ $100).
Rule 12f-2 requires that a national securities exchange must report
to the Commission certain changes in a security admitted to unlisted
trading privileges. This report is generally made by filing Form 27.
There is one respondent that requires an aggregate total of 42 minutes
to comply with this rule. Thus, the total compliance burden per year is
42 minutes. The total cost of compliance for the respondents is $27.
Rule 12f-3 prescribes the information which must be included in
applications for and notices of termination or suspension of unlisted
trading privileges in a security. An exchange must notify the
Commission of such action by promptly filing a Form 28. Each of the
five national securities exchange respondents incurs an average of 20
burden hours per year in complying with the rule, for a total burden of
100 hours. The approximate cost per hour is $100, for a total
annualized cost burden of $10,000.
Rule 12a-5, under paragraph (d), directs that after an exchange has
taken action to admit any security to trading pursuant to the
provisions of the Rule 12a-5, the exchange is required to file with the
Commission a notification on Form 26. Form 26 provides the Commission
with certain information regarding a security admitted to trading on an
exchange pursuant to Rule 12a-5, including: (1) The name of the
exchange, (2) the name of the issuer, (3) a description of the
security, (4) the date(s) the security was or will be admitted to when-
issued and/or regular trading, and (5) a brief description of the
transaction pursuant to which the security was or will be issued.
The Commission generally is responsible for overseeing the national
securities exchanges, and is particularly responsible under Section
12(a) of the Securities Exchange Act of 1934 (``Act'') to receive
notification of any securities that are permitted to trade on an
exchange pursuant to the temporary exemption under Rule 12a-5. Without
the Rule and the Form, the Commission would be unable fully to
implement these statutory responsibilities.
There are nine national securities exchanges which may avail
themselves of the exemption provided by Rule 12a-5. While approximately
45 Form 26s are filed annually, the reporting burdens typically are not
spread evenly among the exchanges. For purposes of this filing, the
staff has assumed that each exchange files an equal number (five) of
Form 26 reports. Each report requires approximately 20 minutes to
complete, and so the aggregate annual compliance burden is estimated to
be 100 minutes for each exchange and 15 hours for all nine exchanges.
The Commission staff estimates that the cost to respondents of
completing Form 26 ranges from approximately $10 to $15, with an
average cost per response of $13. The estimated total annual cost for
complying with the rule 12a-5 is about $65 for each exchange, and $585
for all exchanges combined.
Rule 15Aj-1 implements the requirements of Sections 15A, 17, and 19
of the Act by requiring every association applying for registration or
registered as a national, or as an affiliated securities association to
keep its registration statement up to date by filing with the
Commission on Form X-15AJ-1 and Form X-15AJ-2.
Rule 15Aj-1 requires a securities association to promptly notify
the Commission on Form X-15AJ-1 of any change which renders inaccurate
any information contained or incorporated in the registration statement
or in any amendment or supplement thereto. Rule 15Aj-1 also requires a
securities association to file each year with the Commission an annual
consolidated supplement on Form X-15AJ-2.
There is presently only one registered securities association that
is required to comply with Rule 15Aj-1. The number of hours necessary
to comply with the rule by filing an amendment is approximately one-
half hour per response. The average number of hours necessary to file
the annual supplement is three reporting hours. The average cost per
response for Rule 15Aj-1 is approximately $7. The average cost of
annual supplements pursuant to Rule 15Aj-1 is approximately $45.
Rule 15c2-11 requires broker-dealers to collect information
regarding issuers prior to initiating or resuming publication of
quotations of the issuer's securities. The Commission estimates that
142 respondents collect information annually under Rule 15c2-11 and
that approximately 13,580 hours would be required annually for these
collections. The Commission estimates that the annual cost to comply
with Rule 15c2-11 is $271,600 ($20 per hour times 13,580 hours).
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 shall
have practical utility; (b) the accuracy of the agency's estimate 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.
Direct your written comments to Michael E. Bartell, Associate
Executive Director, Office of Information Technology, Securities and
Exchange
[[Page 54827]]
Commission, 450 5th Street, N.W., Washington, DC 20549.
Dated: October 7, 1996.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 96-27036 Filed 10-21-96; 8:45 am]
BILLING CODE 8010-01-M
