[Federal Register Volume 66, Number 206 (Wednesday, October 24, 2001)]
[Notices]
[Pages 53811-53812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26725]
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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 Filings and Information Services, Washington, DC
20549.
Extension:
Rule 45, SEC File No. 270-164, OMB Control No. 3235-0154
Rule 52, SEC File No. 270-326, OMB Control No. 3235-0369
Rule 53, SEC File No. 270-376, OMB Control No. 3235-0426
Rule 54, SEC File No. 270-376, OMB Control No. 3235-0427
Rule 57(b) and Form U-33-S, SEC File No. 270-376, OMB Control No.
3235-0429
Rule 58 and Form U-9C-3, SEC File No. 270-400, OMB Control No.
3235-0457
Rule 71, Form U-12(I)-A, and Form U-12(I) -B, SEC File No. 270-161,
OMB Control No. 3235-0173
Part 257, SEC File No. 270-252, OMB Control No. 3235-0306
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 requests for extension of the previously approved collections of
information, under the Public Utility Holding Company Act of 1935
(Act), as discussed below.
Rule 45 imposes a filing requirement on registered holding
companies and their subsidiaries under Section 12(b) of the Act. Under
the requirement, the companies must file a declaration seeking
authority to make loans or otherwise extend credit to other companies
in the same holding company system. Among others, the rule exempts from
the filing requirement the performance of payment obligations under
consolidated tax agreements. The 15 recordkeepers together incur about
46 annual burden hours to comply with these requirements.
There is no recordkeeping requirement for this information
collection. Companies that are subject to Rule 45 are under a mandatory
duty to provide the Commission with the required information. There is
no requirement to keep the information confidential because it is
public information.
Rule 52 permits public utility subsidiary companies of registered
holding companies to issue and sell certain securities without filing a
declaration if certain conditions are met. The Commission estimates
that the total annual reporting and recordkeeping burden of collection
under Rule 52 is 33 hours (33 responses x one hour = 33 burden
hours).
There is no recordkeeping requirement for this information
collection. It is mandatory that qualifying companies provide the
information required by Rule 52. There is no requirement to keep to
information
[[Page 53812]]
confidential because it is public information.
Sections 32 and 33 of the Act as amended, and Rules 53, 54 and
57(b) under the Act, permit among other things, utility holding
companies registered under the Act to make direct or indirect
investments in exempt wholesale generators (``EWGs'') and foreign
utility companies (``FUCOs''), as defined in Sections 32 and 33 of the
Act, respectively, without the prior approval of the Commission, if
certain conditions are met. Rules 53 and 54 do not create a reporting
burden for respondents. These rules do, however, contain recordkeeping
and retention requirements. As required by Congress, the Commission
mandates the maintenance of certain books and records identifying
investments in and earnings from all subsidiary EWGs or FUCOs in order
to measure their financial effect on the registered systems.
The Commission estimates that the total annual recordkeeping and
record retention burden under Rule 53 will be a total of 160 hours (10
hours per respondent x 16 respondents = 160 burden hours). It is
estimated that there will be no burden hours associated with Rule 54.
Under Rule 57(b) there is an annual requirement for any public
utility company that owns one or more FUCOs to file Form U-33-S. The
information contained in Form U-33-S allows the Commission to monitor
overseas investments by public utility companies.
The Commission estimates that the total annual reporting burden
under Rule 57(b) will be 30 hours (3 hours per respondent x 10
filings = 30 hours).
Rules 53, 54, 57(b) each impose a mandatory recordkeeping
requirement of this information collection. It is mandatory that
qualifying companies provide the information required by Rules 53, 54
and 57(b). There is no requirement to keep the information confidential
because it is public information.
Rule 58 under the Act allows registered holding companies and their
subsidiaries to acquire energy-related and gas-related companies.
Acquisitions are made, within certain limits, without prior Commission
approval under Section 10 of the Act. However, within sixty days after
the end of the first calendar quarter in which any exempt acquisition
is made, and each calendar quarter thereafter, the registered holding
company is required to file with the Commission a Certificate of
Notification on Form U-9C-3 containing the information prescribed by
that form. The Commission uses this information to determine the
existence of financial detriment, regarding the acquisition of certain
energy-related companies, to the interests the Act is designed to
protect. The Commission estimates that the total annual reporting
burden is 1,008 hours to comply with these requirements (63 respondents
x 16 = 1,008 burden hours).
Rule 71 requires that certain information be filed by employees of
registered holding companies who represent the companies' interests
before Congress, the Commission or the Federal Energy Regulatory
Commission on either Form U-12(I)-A or Form U-12(I)-B. The filings must
provide, among other things, the identity of the representative, the
person's position and compensation, and a quarterly statement of those
expenses not incurred in the ordinary course of business. Employees
appearing for the first time must file this information on Form U-
12(I)-A within ten days of an appearance. Employees appearing on a
regular basis may file the information in advance on Form U-12(I)-B,
which will remain valid for the remainder of the year in which it was
first filed and for the following two calendar years. Thereafter, it
may be renewed for additional three-year periods within thirty days of
the expiration of the prior filing.
The information collection prescribed by Form U-12(I)-A and Form U-
12(I)-B is required by Rule 71 under the Act. Rule 71 implements
section 12(i) of the Act, which expressly requires the filing of the
prescribed disclosure information with the Commission in the interest
of investors and consumers. The Commission estimates that the total
annual reporting burden of collections under Rule 71 is 167 hours (250
responses x forty minutes = 167 burden hours).
Part 257 generally mandates the preservation, and provides for the
destruction, of books and records of registered public utility holding
companies subject to Rule 26 under the Act and service companies
subject to Rule 93. Part 257 prescribes which records must be
maintained for regulatory purposes and which media methods may be used
to maintain them. Further, it sets a schedule for destroying particular
documents or classes of documents.
The Commission estimates that there is an associated recordkeeping
burden of 25 hours in connection with the record preservation programs
administered by registered holding companies under Part 257 (25
recordkeepers x 1 hour = 25 burden hours).
It is mandatory that records subject to Part 257 be maintained by
the holding companies and their service companies for the prescribed
period. There is no requirement to keep the information related to Part
257 confidential, because it is public information.
These estimates of average burden hours are made solely for the
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 and forms.
It should be noted that 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.
Please direct general comments regarding the above information to
the following persons: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, New Executive Office Building, Washington, DC
20503; and (ii) Michael E. Bartell, Associate Executive Director,
Office of Information Technology, Securities and Exchange Commission,
450 5th Street, NW., Washington, DC 20549. Comments must be submitted
to OMB within 30 days of this notice.
Dated: October 12, 2001.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 01-26725 Filed 10-23-01; 8:45 am]
BILLING CODE 8010-01-M