[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Page 18377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06885]



Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of Investor Education and Advocacy, Washington, DC 
    Rule 19b-4(e) and Form 19b-4(e), SEC File No. 270-447, OMB Control 
No. 3235-0504.

    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 existing collection of 
information provided for in Rule 19b-4(e) (17 CFR 240.19b-4(e)) under 
the Securities Exchange Act of 1934 (15 U.S.C 78a et seq.) (the 
``Act''). The Commission plans to submit this existing collection of 
information to the Office of Management and Budget for extension and 
    Rule 19b-4(e) permits a self-regulatory organization (``SRO'') to 
list and trade a new derivative securities product without submitting a 
proposed rule change pursuant to Section 19(b) of the Act (15 U.S.C. 
78s(b)), so long as such product meets the criteria of Rule 19b-4(e) 
under the Act. However, in order for the Commission to maintain an 
accurate record of all new derivative securities products traded on the 
SROs, Rule 19b-4(e) requires an SRO to file a summary form, Form 19b-
4(e), to notify the Commission when the SRO begins trading a new 
derivative securities product that is not required to be submitted as a 
proposed rule change to the Commission. Form 19b-4(e) should be 
submitted within five business days after an SRO begins trading a new 
derivative securities product that is not required to be submitted as a 
proposed rule change. In addition, Rule 19b-4(e) requires an SRO to 
maintain, on-site, a copy of Form 19b-4(e) for a prescribed period of 
    This collection of information is designed to allow the Commission 
to maintain an accurate record of all new derivative securities 
products traded on the SROs that are not deemed to be proposed rule 
changes and to determine whether an SRO has properly availed itself of 
the permission granted by Rule 19b-4(e). The Commission reviews SRO 
compliance with Rule 19b-4(e) through its routine inspections of the 
    The respondents to the collection of information are SROs (as 
defined by the Act), all of which are national securities exchanges. As 
of March 2013, there are seventeen entities registered as national 
securities exchanges with the Commission. The Commission receives an 
average total of 3,879 responses per year, which corresponds to an 
estimated annual response burden of 3,879 hours. At an average hourly 
cost of $63, the aggregate related cost of compliance with Rule 19b-
4(e) is $244,377 (3,879 burden hours multiplied by $63/hour).
    Compliance with Rule 19b-4(e) is mandatory. Information received in 
response to Rule 19b-4(e) 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 Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
estimate of the burden of the 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 within 60 
days of this publication.
    The Commission may not conduct or sponsor a collection of 
information unless it displays a currently valid control number. No 
person shall be subject to any penalty for failing to comply with a 
collection of information subject to the PRA that does not display a 
valid Office of Management and Budget (OMB) control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi 
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312 or 
send an email to: PRA_Mailbox@sec.gov.

    Dated: March 21, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-06885 Filed 3-25-13; 8:45 am]