98-6337. Proposed Collection; Comment Request  

  • [Federal Register Volume 63, Number 48 (Thursday, March 12, 1998)]
    [Notices]
    [Pages 12116-12117]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-6337]
    
    
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    SECURITIES AND EXCHANGE COMMISSION
    
    
    Proposed Collection; Comment Request
    
    Upon Written Request, Copies Available From: Securities and Exchange 
    Commission, Office of Filings and Information Services, Washington, DC 
    20549
    
    Extension:
        Rule 19d-1, SEC File No. 270-242, OMB Control No. 3235-0206
        Rule 19d-3, SEC File No. 270-245, OMB Control No. 3235-0204
        Rule 19h-1, SEC File No. 270-247, OMB Control No. 3235-0259
    
        Notice is hereby that pursuant to the Paperwork Reduction Act of 
    1995 (44 U.S.C. Sec. 3501 et seq.), the Securities and Exchange 
    Commission (``Commission'') is soliciting comments on the collections 
    of information summarized below. The Commission plans to submit these 
    existing collections of information to the Office of Management and 
    Budget for extension and approval.
    
    Rule 19d-1  Notices by Self-Regulatory Organizations of Final 
    Disciplinary Actions, Denials, Bars, or Limitations Respecting 
    Membership, Association, Participation, or Access to Services, and 
    Summary Suspension
    
        Rule 19d-1 under the Securities Exchange Act of 1934 (the ``Act'') 
    prescribes the form and content of notices to be filed with the 
    Commission by self-regulatory organizations (``SROs'') for which the 
    Commission is the appropriate regulatory agency concerning the 
    following final SRO actions: (1) disciplinary sanctions (including 
    summary suspensions); (2) denials of membership, participation or 
    association with a member; and (3) prohibitions or limitations on 
    access to SRO services. The rule enables the Commission to obtain 
    reports from the SROs containing information regarding SRO 
    determinations to discipline members or associated persons of members, 
    deny membership or
    
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    participation or association with a member, and similar adjudicated 
    findings. The rule requires that such actions be promptly reported to 
    the Commission. The rule also requires that the reports and notices 
    supply sufficient information regarding the background, factual basis 
    and issues involved in the proceeding to enable the Commission (1) to 
    determine whether the matter should be called up for review on the 
    Commission's own motion and (2) to ascertain generally whether the SRO 
    has adequately carried out its responsibilities under the Act.
        It is estimated that 10 respondents will utilize this application 
    procedure annually, with a total burden of 2,750 hours, based upon past 
    submissions. The staff estimates that the average number of hours 
    necessary to comply with the requirements of Rule 19d-1 is 2.5 hours. 
    The average cost per hour is approximately $60. Therefore, the total 
    cost of compliance for the respondents is $165,000.
    
    Rule 19d-3  Applications for Review of Final Disciplinary Sanctions, 
    Denials of Membership, Participation or Limitations of Access to 
    Services Imposed by Self-Regulatory Organizations
    
        Rule 19d-3 under the Act 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. The Commission uses the information provided in the 
    application filed pursuant to Rule 19d-3 to review final actions taken 
    by SROs including: (1) disciplinary sanctions; (2) denials of 
    membership, participation or association with a member; and (3) 
    prohibitions on or limitations of access to SRO services.
        It is estimated that approximately 50 respondents will utilize this 
    application procedure annually, with a total burden of 2,750 hours, 
    based upon past submissions. The staff estimates that the average 
    number of hours necessary to comply with the requirements of Rule 19d-1 
    is 2.5 hours. The average cost per hour is approximately $60. 
    Therefore, the total cost of compliance for the respondents is 
    $165,000.
    
    Rule 19h-1  Notice by a Self-Regulatory Organization of a Proposed 
    Admission to or Continuance in Membership or Participation or 
    Association With a Member of Any Person Subject to a Statutory 
    Disqualification, and Applications to the Commission for Relief 
    Therefrom
    
        Rule 19h-1 under the Act prescribes the form and content of notices 
    and applications by self-regulatory organizations (``SROs'') regarding 
    proposed admissions to, or continuances in, membership, participation 
    or association with a member of any person subject to a statutory 
    disqualification.
        The Commission uses the information provided in the submissions 
    filed pursuant to Rule 19h-1 to review decisions of SROs to permit the 
    entry into or continuance in the securities business of persons who 
    have committed serious misconduct. The filings submitted pursuant to 
    the Rule also permit inclusion of an application to the Commission for 
    consent to associate with a member of an SRO notwithstanding a 
    Commission order barring such association.
        The Commission reviews filings made pursuant to the rule to 
    ascertain whether it is in the public interest to permit the employment 
    in the securities business of persons subject to statutory 
    disqualification. The filings contain information that is essential to 
    the staff's review and ultimate determination on whether an association 
    or employment is in the public interest and consistent with investor 
    protection.
        It is estimated that approximately 5 respondents will make 
    submissions pursuant to this rule annually, with a total burden of 225 
    hours, based upon past submissions. The staff estimates that the 
    average number of hours necessary to comply with the requirements of 
    Rule 19h-1 is 4.5 hours. The average cost per hour is approximately 
    $60. Therefore, the total cost of compliance for the respondents is 
    $13,500.
        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 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 on or before 
    May 11, 1998.
        Please direct your written comments to Michael E. Bartell, 
    Associate Executive Director, Office of Information Technology, 
    Securities and Exchange Commission, 450 5th Street, N.W. Washington, DC 
    20549.
    
        Dated: March 3, 1998.
    Jonathan G. Katz,
    Secretary.
    [FR Doc. 98-6337 Filed 3-11-98; 8:45 am]
    BILLING CODE 8010-01-M