[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Notices]
[Page 53455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21528]


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SECURITIES AND EXCHANGE COMMISSION


Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of Investor Education and Advocacy, Washington, DC 
20549-0213

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 (17 CFR 240.10A-1) implements the reporting requirements 
in Section 10A of the Securities Exchange Act of 1934 (15 U.S.C. 78j-
1), 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, 109 Stat 737. 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 (15 U.S.C. 78a, et 
seq.) and the Investment Company Act of 1940 (15 U.S.C. 80a-1, et 
seq.).
    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 Management and Budget, Room 10102, New Executive Office 
Building, Washington, DC 20503 or send an e-mail to: [email protected]; and (ii) Lewis W. Walker, Acting Director/Chief 
Information Officer, Securities and Exchange Commission, C/O Shirley 
Martinson, 6432 General Green Way, Alexandria, Virginia 22312; or send 
an e-mail to: [email protected]. Comments must be submitted to OMB 
within 30 days of this notice.

    Dated: September 8, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21528 Filed 9-15-08; 8:45 am]
BILLING CODE 8010-01-P