[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47267-47268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4375]


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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 10A-1; SEC File No. 270-425; OMB Control No. 3235-
0468.
    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 (``OMB'') a request for extension of the previously approved 
collection of information discussed below.
    Rule 10A-1 implements the reporting requirements in Section 10A of 
the Exchange Act, which was enacted by Congress on December 22, 1995 as 
part of the Private Securities Litigation Reform Act of 1995, Public 
Law No. 104-67. Under section 10A and Rule 10A-1 reporting occurs only 
if a registrant's board of directors receives a report from its 
auditors that (1) There is an illegal act material to the registrant's 
financial statements, (2) senior management and the board have not 
taken timely and appropriate remedial action, and (3) the failure to 
take such action is reasonably expected to warrant the auditor's 
modification of the audit report or resignation from the audit 
engagement. The board of directors must notify the Commission within 
one business day of receiving such a report. If the board fails to 
provide that notice, then the auditor, within the next business day, 
must provide the Commission with a copy of the report that it gave to 
the board.
    Likely respondents are those registrants filing audited financial 
statements under the Securities Exchange Act of 1934 and the Investment 
Company Act of 1940.
    It is estimated that Rule 10A-1 results in an aggregate additional 
reporting burden of 10 hours per year. The estimated average burden 
hours are solely for purposes of the Paperwork Reduction Act and are 
not derived from a comprehensive or even a representative survey or 
study of the costs of SEC rules or forms.
    There are no recordkeeping retention periods in Rule 10A-1. Because 
of the one business day reporting periods, recordkeeping retention 
periods should not be significant.
    Filing the notice or report under Rule 10A-1 is mandatory once the 
conditions noted above have been satisfied. Because these notices and 
reports discuss potential illegal acts, they are considered to be 
investigative records and are kept confidential.
    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.
    General comments regarding the above information should be directed 
to the following persons: (i) Desk Officer for the Securities and 
Exchange Commission, Office of Information and Regulatory Affairs, 
Office of

[[Page 47268]]

Management and Budget, Room 10102, New Executive Office Building, 
Washington, DC 20503 or by e-mail: [email protected], and (ii) 
R. Corey Booth, Director/Chief Information Officer, Office of 
Information Technology, Securities and Exchange Commission, 100 F 
Street, NE., Washington, DC 20549. Comments must be submitted to OMB 
within 30 days of this notice.

    Dated: August 3, 2005.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-4375 Filed 8-11-05; 8:45 am]
BILLING CODE 8010-01-P