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4290 Federal Register / Vol. 73, No.

16 / Thursday, January 24, 2008 / Notices

terms of encouraging a favorable and 1 p.m. to 4 p.m., Monday through The Exchange Act requires all SROs
resolution of the EC-Biotech dispute. Friday. to submit to the SEC any proposals to
Persons submitting comments may amend, add, or delete any of their rules.
William Busis,
either send one copy by fax to Sandy Certain entities (Security Futures
Chair, Section 301 Committee.
McKinzy at 202–395–3640, or transmit Product Exchanges) would be national
[FR Doc. E8–1143 Filed 1–23–08; 8:45 am] securities exchanges only because they
a copy electronically to
FR0805@ustr.eop.gov, with ‘‘EC-Biotech BILLING CODE 3190–W8–P trade security futures products.
Dispute’’ in the subject line. For Similarly, certain entities (Limited
documents sent by fax, USTR requests Purpose National Securities
that the submitter provide a SECURITIES AND EXCHANGE Associations) would be national
confirmation copy electronically. USTR COMMISSION securities associations only because
encourages the submission of their members trade security futures
Proposed Collection; Comment products. The Exchange Act, as
documents in Adobe PDF format, as Request
attachments to an electronic mail. amended by the CFMA, established a
Interested persons who make Upon Written Request, Copies Available procedure for Security Futures Product
submissions by electronic mail should From: U.S. Securities and Exchange Exchanges and Limited Purpose
not provide separate cover letters; Commission, Office of Investor National Securities Associations to
information that might appear in a cover Education and Advocacy, provide notice of proposed rule changes
letter should be included in the Washington, DC 20549–0213. relating to certain matters.1 Rule 19b–7
submission itself. Similarly, to the and Form 19b–7 implemented this
Extension: Rule 19b–7 and Form 19b–7; OMB
extent possible, any attachments to the Control No. 3235–0553; SEC File No.
procedure.
The collection of information is
submission should be included in the 270–495.
designed to provide the Commission
same file as the submission itself, and Notice is hereby given that pursuant with the information necessary to
not as separate files. to the Paperwork Reduction Act of 1995 determine, as required by the Exchange
Comments must be in English. A (44 U.S.C. 3501 et seq.), the Securities Act, whether the proposed rule change
person requesting that information and Exchange Commission is consistent with the Exchange Act and
contained in a comment submitted by (‘‘Commission’’) is soliciting comments the rules thereunder. The information is
that person be treated as confidential on the collection of information used to determine if the proposed rule
business information must certify that summarized below. The Commission change should remain in affect or
such information is business plans to submit this existing collection abrogated.
confidential and would not customarily of information to the Office of The respondents to the collection of
be released to the public by the Management and Budget for extension information are SROs. Five respondents
submitter. Confidential business and approval. file an average total of 12 responses per
information must be clearly designated • (Rule 19b–7 (17 CFR 240.19b–7) year. Each response takes approximately
as such and the submission must be and Form 19b–7 (17 CFR 249.822)— 17.25 hours to complete, which
marked ‘‘Business Confidential’’ at the Filings with respect to proposed rule corresponds to an estimated annual
top and bottom of the cover page and changes submitted pursuant to Section response burden of 207 (12 responses ×
each succeeding page. 19(b)(7) of the Act. 17.25 hours) hours. The average cost per
Information or advice contained in a The Securities Exchange Act of 1934 response is $4,607.25 (17.25 hours
comment submitted, other than business (15 U.S.C. 78a et seq.) (‘‘Exchange Act’’) multiplied by an average hourly rate of
confidential information, may be provides a framework for self-regulation $267.09). The resultant total related cost
determined by USTR to be confidential under which various entities involved of compliance for these respondents is
in accordance with section 135(g)(2) of in the securities business, including approximately $55,287 per year (12
the Trade Act of 1974 (19 U.S.C. national securities exchanges and responses × $4,607.25 per response).
2155(g)(2)). If the submitter believes that national securities associations Compliance with Rule 19b–7 is
information or advice may qualify as (collectively, self-regulatory mandatory. Information received in
such, the submitter— organizations or ‘‘SROs’’), have primary response to Rule 19b–7 shall not be kept
(1) Must clearly so designate the responsibility for regulating their confidential; the information collected
information or advice; members or participants. The role of the is public information.
Commission in this framework is Written comments are invited on: (a)
(2) Must clearly mark the material as primarily one of oversight: the Exchange Whether the proposed collection of
‘‘Submitted in Confidence’’ at the top Act charges the Commission with information is necessary for the proper
and bottom of the cover page and each supervising the SROs and assuring that performance of the functions of the
succeeding page; and each complies with and advances the Commission, including whether the
(3) Is encouraged to provide a non- policies of the Exchange Act. information shall have practical utility;
confidential summary of the The Exchange Act was amended by (b) the accuracy of the Commission’s
information or advice. the Commodity Futures Modernization estimates of the burden of the proposed
USTR will maintain a file of non- Act of 2000 (‘‘CFMA’’). Prior to the collection of information; (c) ways to
confidential comments received in CFMA, federal law did not allow the enhance the quality, utility, and clarity
response to this notice, accessible to the trading of futures on individual stocks
public, in the USTR Reading Room, or on narrow-based stock indexes 1 These matters are higher margin levels, fraud or

which is located at 1724 F Street, NW., (collectively, ‘‘security futures manipulation, recordkeeping, reporting, listing
standards, or decimal pricing for security futures
Washington, DC 20508. An appointment products’’). The CFMA removed this products; sales practices for security futures
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to review the public file (Docket No. restriction and provides that trading in products for persons who effect transactions in
WTO/DS–291) may be made by calling security futures products would be security futures products; or rules effectuating the
obligation of Security Futures Product Exchanges
the USTR Reading Room at (202) 395– regulated jointly by the Commission and and Limited Purpose National Securities
6186. The USTR Reading Room is open the Commodity Futures Trading Associations to enforce the securities laws. See 15
to the public from 9:30 a.m. to 12 noon Commission. U.S.C. 78s(b)(7)(A).

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Federal Register / Vol. 73, No. 16 / Thursday, January 24, 2008 / Notices 4291

of the information to be collected; and penalty bids and disclose such and Exchange Commission (the
(d) ways to minimize the burden of the information to the SRO. ‘‘Commission’’) has submitted to the
collection of information on There are approximately 795 Office of Management and Budget
respondents, including through the use respondents per year that require an (‘‘OMB’’) a request for extension and
of automated collection techniques or aggregate total of 159 hours to comply approval of the collections of
other forms of information technology. with this rule. Each respondent makes information discussed below.
Consideration will be given to an estimated 1 annual response. Each Temporary rule 206(3)–3T (17 CFR
comments and suggestions submitted in response takes approximately 0.20 275.206(3)–3T) under the Investment
writing within 60 days of this hours (12 minutes) to complete. Thus, Advisers Act of 1940 (15 U.S.C. 80b–1
publication. the total compliance burden per year is et seq.) is entitled: ‘‘Temporary rule for
Comments should be directed to: R. 159 burden hours. The total compliance principal trades with certain advisory
Corey Booth, Director/Chief Information cost for the respondents is clients.’’ The temporary rule provides
Officer, Securities and Exchange approximately $8,943.75, resulting in a investment advisers who are registered
Commission, C/O Shirley Martinson, cost of compliance for the respondent with the Commission as broker-dealers
6432 General Green Way, Alexandria, per response of approximately $11.25 an alternative means to meet the
Virginia 22312 or send an e-mail to: (i.e., $8,943.75 / 795 responses). requirements of section 206(3) of the
PRA_Mailbox@sec.gov. Comments must Written comments are invited on: (a) Advisers Act (15 U.S.C. 80b–6(3)) when
be submitted within 60 days of this Whether the proposed collection of they act in a principal capacity in
notice. information is necessary for the proper transactions with certain of their
performance of the functions of the advisory clients. The temporary rule,
Dated: January 15, 2008.
Commission, including whether the and its attendant paperwork burdens,
Florence E. Harmon, information shall have practical utility; will expire and no longer be effective on
Deputy Secretary. (b) the accuracy of the Commission’s December 31, 2009.
[FR Doc. E8–1157 Filed 1–23–08; 8:45 am] estimates of the burden of the proposed Temporary rule 206(3)–3T permits
BILLING CODE 8011–01–P collection of information; (c) ways to dually-registered advisers to satisfy the
enhance the quality, utility, and clarity Advisers Act’s principal trading
of the information to be collected; and restrictions by: (i) Providing written,
SECURITIES AND EXCHANGE (d) ways to minimize the burden of the prospective disclosure regarding the
COMMISSION collection of information on conflicts arising from principal trades;
respondents, including through the use (ii) obtaining written, revocable consent
Proposed Collection; Comment of automated collection techniques or
Request from the client prospectively
other forms of information technology. authorizing the adviser to enter into
Upon written request, copies available Consideration will be given to principal transactions; (iii) making oral
from: U.S. Securities and Exchange comments and suggestions submitted in or written disclosure and obtaining the
Commission, Office of Investor writing within 60 days of this client’s consent before each principal
Education and Advocacy, publication. transaction; (iv) sending to the client
Washington, DC 20549–0213. Comments should be directed to: R. confirmation statements disclosing the
Corey Booth, Director/Chief Information capacity in which the adviser has acted;
Extension: Rule 104: OMB Control No. 3235– Officer, Securities and Exchange
0465; SEC File No. 270–411. and (v) delivering to the client an
Commission, C/O Shirley Martinson, annual report itemizing the principal
Notice is hereby given that pursuant 6432 General Green Way, Alexandria, transactions.
to the Paperwork Reduction Act of 1995 Virginia 22312 or send an e-mail to: The Commission staff estimates that
(44 U.S.C. 3501 et seq.), the Securities PRA_Mailbox@sec.gov. Comments must approximately 380 investment advisers
and Exchange Commission be submitted within 60 days of this make use of rule 206(3)–3T, and that on
(‘‘Commission’’) is soliciting comments notice. average an investment adviser spends
on the collection of information Dated: January 15, 2008. approximately 1,301 hours annually in
summarized below. The Commission Florence E. Harmon, complying with the requirements of the
plans to submit this existing collection Deputy Secretary. rule. The Commission staff therefore
of information to the Office of estimates the total annual burden of the
[FR Doc. E8–1158 Filed 1–23–08; 8:45 am]
Management and Budget for extension rule’s paperwork requirements to be
BILLING CODE 8011–01–P
and approval. approximately 494,440 hours.
• Rule 104 of Regulation M (17 CFR Rule 206(3)–3T does not require
242.104)—Stabilizing and Other SECURITIES AND EXCHANGE recordkeeping or record retention. The
Activities in Connection with an COMMISSION collection of information requirements
Offering. under the rule are required to obtain a
Rule 104 permits stabilizing by a Submission for OMB Review; benefit. The information collected
distribution participant during a Comment Request pursuant to the rule is not required to
distribution so long as the distribution be filed with the Commission, but rather
Upon Written Request, Copies Available
participant discloses information to the takes the form of disclosures to, and
From: Securities and Exchange
market and investors. This rule requires responses from, clients. Accordingly,
Commission, Office of Investor
disclosure in offering materials of the these filings are not kept confidential.
Education and Advocacy,
potential stabilizing transactions and To the extent advisers include any of
Washington, DC 20549–0213.
that the distribution participant inform the information required by the rule in
jlentini on PROD1PC65 with NOTICES

the market when a stabilizing bid is Extension: Rule 206(3)–3T; SEC File No. a filing, such as Form ADV, the
made. It also requires the distribution 270–571; OMB Control No. 3235–0630. information will not be kept
participants (i.e., the syndicate manager) Notice is hereby given that pursuant confidential. An agency may not
to maintain information regarding to the Paperwork Reduction Act of 1995 conduct or sponsor, and a person is not
syndicate covering transactions and (44 U.S.C. 350 et seq.), the Securities required to respond to, a collection of

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