
[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Notices]               
[Page 59688]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc08-148]                         

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SECURITIES AND EXCHANGE COMMISSION

 
Proposed 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 12f-3, OMB Control No. 3235-0249, SEC File No. 270-141.

    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 collection of 
information summarized below. The Commission plans to submit the 
existing collection of information to the Office of Management and 
Budget for extension and approval.
     Rule 12f-3 (17 CFR 240.12f-3)--Termination or Suspension 
of Unlisted Trading Privileges
    Rule 12f-3 (the ``Rule''), which was originally adopted in 1934 
pursuant to Sections 12(f) and 23(a) of the Securities Exchange Act of 
1934 (15 U.S.C. 78a et seq.) (``Act''), as modified in 1995, prescribes 
the information which must be included in applications for and notices 
of termination or suspension of unlisted trading privileges for a 
security as contemplated in Section 12(f)(4) of the Act. An application 
must provide, among other things, the name of the applicant; a brief 
statement of the applicant's interest in the question of termination or 
suspension of such unlisted trading privileges; the title of the 
security; the name of the issuer; certain information regarding the 
size of the class of security and its recent trading history; and a 
statement indicating that the applicant has provided a copy of such 
application to the exchange from which the suspension or termination of 
unlisted trading privileges are sought, and to any other exchange on 
which the security is listed or admitted to unlisted trading 
privileges.
    The information required to be included in applications submitted 
pursuant to Rule 12f-3, is intended to provide the Commission with 
sufficient information to make the necessary findings under the Act to 
terminate or suspend by order the unlisted trading privileges granted a 
security on a national securities exchange. Without the Rule, the 
Commission would be unable to fulfill these statutory responsibilities.
    The burden of complying with Rule 12f-3 arises when a potential 
respondent, having a demonstrable bona fide interest in the question of 
termination or suspension of the unlisted trading privileges of a 
security, determines to seek such termination or suspension. The staff 
estimates that each such application to terminate or suspend unlisted 
trading privileges requires approximately one hour to complete. Thus 
each potential respondent would incur on average one burden hour in 
complying with the Rule.
    The Commission staff estimates that there could be as many as 11 
responses annually and that each respondent's related cost of 
compliance with Rule 12f-3 would be $168.00, or, the cost of one hour 
of professional work needed to complete the application. The total 
annual related reporting cost for all potential respondents, therefore, 
is $1,848.00 (11 responses x $168.00/response).
    Compliance with the application requirements of Rule 12f-3 is 
mandatory, though the filing of such applications is undertaken 
voluntarily. Rule 12f-3 does not have a record retention requirement 
per se. However, responses made pursuant to Rule 12f-3 are subject to 
the recordkeeping requirements of Rules 17a-3 and 17a-4 of the Act. 
Information received in response to Rule 12f-3 shall not be kept 
confidential; the information collected is public information.
    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 Commission'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.
    Comments should be directed to Lewis W. Walker, Acting 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: October 1, 2008.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-23931 Filed 10-8-08; 8:45 am]

BILLING CODE 8011-01-P
