[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Pages 61120-61121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25368]


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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 Exchange Act (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 104-67, 109 Stat 737. Under 
section 10A and

[[Page 61121]]

Rule 10A-1 reporting occurs only if a registrant's board of directors 
receives a report from its auditor 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.
    The public may view the information discussed in this notice at 
http://www.reginfo.gov. 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: [email protected]; and (ii) Thomas 
Bayer, Director/Chief Information Officer, Securities and Exchange 
Commission, c/o Remi Pavlik-Simon, 6432 General Green Way, Alexandria, 
VA 22312 or send an e-mail to: [email protected]. Comments must be 
submitted to OMB within 30 days of this notice.

    Dated: September 26, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25368 Filed 9-30-11; 8:45 am]
BILLING CODE 8011-01-P