
[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Notices]               
[Page 76068-76069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de08-99]                         

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SECURITIES AND EXCHANGE COMMISSION

 
Submission for OMB Review; 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-1, OMB Control No. 3235-0128, SEC File No. 270-
139.

    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 a request for extension of the previously approved 
collection of information provided for in the following rule: Rule 12f-
1 (17 CFR 240.12f-1).
    Rule 12f-1 (the ``Rule''), 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 and 2005, sets forth 
the information which an exchange must include in an application to 
reinstate its ability to extend unlisted trading privileges to any 
security for which such unlisted trading privileges have been suspended 
by the Commission, pursuant to Section 12(f)(2)(A) of the Act. An 
application must provide the name of the issuer, the title of the 
security, the name of each national securities exchange, if any, on 
which the security is listed or admitted to unlisted trading 
privileges, whether transaction information concerning the security is 
reported pursuant to an effective transaction reporting plan 
contemplated by Rule 601 of Regulation NMS, the date of the 
Commission's suspension of unlisted trading privileges in the security 
on the exchange, and any other pertinent information. Rule 12f-1 
further requires a national securities exchange seeking to reinstate 
its ability to extend unlisted trading privileges to a security to 
indicate that it has provided a copy of such application to the issuer 
of the security, as well as to any other national securities exchange 
on which the security is listed or admitted to unlisted trading 
privileges.
    The information required by Rule 12f-1 enables the Commission to 
make the necessary findings under the Act prior to granting 
applications to reinstate unlisted trading privileges. This information 
is also made available to members of the public who may wish to comment 
upon the applications. Without the Rule, the Commission would be unable 
to fulfill these statutory responsibilities.
    There are currently 11 national securities exchanges subject to 
Rule 12f-1. The burden of complying with Rule 12f-1 arises when a 
potential respondent seeks to reinstate its ability to extend unlisted 
trading privileges to any security for which unlisted trading 
privileges have been suspended by the Commission, pursuant to Section 
12(f)(2)(A) of the Act. The staff estimates that each application would 
require 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-1 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).

[[Page 76069]]

    Compliance with Rule 12f-1 is mandatory. Rule 12f-1 does not have a 
record retention requirement per se. However, responses made pursuant 
to Rule 12f-1 are subject to the recordkeeping requirements of Rules 
17a-3 and 17a-4 of the Act. Information received in response to Rule 
12f-1 shall not be kept confidential; the information collected is 
public information.
    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 should be directed to: (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: 
nfraser@omb.eop.gov; and (ii) 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. Comments must be submitted within 30 days 
of this notice.

    Dated: December 8, 2008.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-29506 Filed 12-12-08; 8:45 am]

BILLING CODE 8011-01-P
