83_FR_4118 83 FR 4099 - Submission for OMB Review; Comment Request

83 FR 4099 - Submission for OMB Review; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 19 (January 29, 2018)

Page Range4099-4100
FR Document2018-01603

Federal Register, Volume 83 Issue 19 (Monday, January 29, 2018) 
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4099-4100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01603]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-305, OMB Control No. 3235-0346]


Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 
20549-2736

Extension: 
    Rule 34b-1.

    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 (the ``Commission'') has submitted to the Office of 
Management and Budget a request for extension of the previously 
approved collection of information discussed below.
    Rule 34b-1 under the Investment Company Act (17 CFR 270.34b-1) 
governs sales material that accompanies or follows the delivery of a 
statutory

[[Page 4100]]

prospectus (``sales literature''). Rule 34b-1 deems to be materially 
misleading any investment company (``fund'') sales literature required 
to be filed with the Securities and Exchange Commission 
(``Commission'') by Section 24(b) of the Investment Company Act (15 
U.S.C. 80a-24(b)) that includes performance data, unless the sales 
literature also includes the appropriate uniformly computed data and 
the legend disclosure required in investment company advertisements by 
rule 482 under the Securities Act of 1933 (17 CFR 230.482). Requiring 
the inclusion of such standardized performance data in sales literature 
is designed to prevent misleading performance claims by funds and to 
enable investors to make meaningful comparisons among funds.
    The Commission estimates that on average approximately 208 
respondents file 13,004 \1\ responses that include the information 
required by rule 34b-1 each year. The burden resulting from the 
collection of information requirements of rule 34b-1 is estimated to be 
2 hours per response. The total hourly burden for rule 34b-1 is 
approximately 26,008 hours per year in the aggregate.\2\
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    \1\ The estimated number of responses to rule 34b-1 is composed 
of 12,772 responses filed with FINRA and 232 responses filed with 
the Commission in 2016.
    \2\ 13,004 responses x 2 hours per response = 26,008 hours.
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    The collection of information under rule 34b-1 is mandatory. The 
information provided under rule 34b-1 is not 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 background documentation for this 
information collection at the following website, 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 email to: 
[email protected]; and (ii) Pamela Dyson, Director/Chief 
Information Officer, Securities and Exchange Commission, c/o Remi 
Pavlik-Simon, 100 F Street NE, Washington, DC 20549 or send an email 
to: [email protected]. Comments must be submitted to OMB within 30 
days of this notice.

    Dated: January 24, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01603 Filed 1-26-18; 8:45 am]
 BILLING CODE 8011-01-P

Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices 4099 management and the board have not Dated: January 24, 2018. 17,774 hours (10.792 hours per response taken timely and appropriate remedial Eduardo A. Aleman, × 1,647 responses). action, and (3) the failure to take such Assistant Secretary. Written comments are invited on: (a) action is reasonably expected to warrant [FR Doc. 2018–01602 Filed 1–26–18; 8:45 am] Whether this collection of information the auditor’s modification of the audit BILLING CODE 8011–01–P is necessary for the proper performance report or resignation from the audit of the functions of the agency, including engagement. The board of directors whether the information will have must notify the Commission within one SECURITIES AND EXCHANGE practical utility; (b) the accuracy of the business day of receiving such a report. COMMISSION agency’s estimate of the burden imposed by the collection of information; (c) If the board fails to provide that notice, [SEC File No. 270–613, OMB Control No. ways to enhance the quality, utility, and then the auditor, within the next 3235–0712] clarity of the information collected; and business day, must provide the (d) ways to minimize the burden of the Commission with a copy of the report collection of information on Proposed Collection; Comment that it gave to the board. respondents, including through the use Request Likely respondents are those of automated collection techniques or registrants filing audited financial Upon Written Request Copies Available other forms of information technology. statements under the Securities From: Securities and Exchange Consideration will be given to Exchange Act of 1934 (15 U.S.C. 78a, et Commission, Office of FOIA Services, comments and suggestions submitted in seq.) and the Investment Company Act 100 F Street NE, Washington, DC writing within 60 days of this of 1940 (15 U.S.C. 80a–1, et seq.). 20549–2736. publication. Extension: An agency may not conduct or It is estimated that Rule 10A–1 results Credit Risk Retention—Regulation RR. sponsor, and a person is not required to in an aggregate additional reporting respond to, a collection of information burden of 5 hours per year. The Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 unless it displays a currently valid estimated average burden hours are control number. solely for purposes of the Paperwork (44 U.S.C. 3501 et seq.), the Securities Please direct your written comment to Reduction Act and are not derived from and Exchange Commission Pamela Dyson, Director/Chief a comprehensive or even a (‘‘Commission’’) is soliciting comments Information Officer, Securities and on the collection of information representative survey or study of the Exchange Commission, c/o Remi Pavlik- summarized below. The Commission costs of SEC rules or forms. Simon, 100 F Street NE, Washington, plans to submit this existing collection There are no recordkeeping retention DC 20549 or send an email to: PRA_ of information to the Office of periods in Rule 10A–1. Because of the Mailbox@sec.gov. Management and Budget for extension one business day reporting periods, and approval. Dated: January 24, 2018. recordkeeping retention periods should Credit Risk Retention (‘‘Regulation Eduardo A. Aleman, not be significant. RR’’) (17 CFR 246.1 through 246.22) Assistant Secretary. Filing the notice or report under Rule recordkeeping and disclosure [FR Doc. 2018–01600 Filed 1–26–18; 8:45 am] 10A–1 is mandatory once the conditions requirements implement Section 15G of BILLING CODE 8011–01–P noted above have been satisfied. the Securities Exchange Act of 1934 (15 Because these notices and reports U.S.C. 78o–11) Section 15G clarifies the scope and application of Section 306(a) SECURITIES AND EXCHANGE discuss potential illegal acts, they are of the Sarbanes-Oxley Act of 2002 (15 COMMISSION considered to be investigative records U.S.C. 7244(a)). Section 306(a) of the [SEC File No. 270–305, OMB Control No. and are kept confidential. Sarbanes-Oxley Act requires, among 3235–0346] An agency may not conduct or other things, an issuer to provide timely sponsor, and a person is not required to notice to its directors and executive Submission for OMB Review; respond to, a collection of information officers and to the Commission of the Comment Request unless it displays a currently valid imposition of a blackout period that control number. would trigger a trading prohibition Upon Written Request, Copies Available under Section 306(a)(1) of the Sarbanes- From: Securities and Exchange The public may view the information Commission, Office of FOIA Services, discussed in this notice at Oxley Act. Section 306(a)(1) prohibits any director or executive officer of an 100 F Street NE, Washington, DC www.reginfo.gov . Comments should be 20549–2736 issuer of any equity security, from directed to: (i) Desk Officer for the Extension: directly or indirectly, purchasing, Securities and Exchange Commission, Rule 34b–1. selling or otherwise acquiring or Office of Information and Regulatory transferring any equity security of that Notice is hereby given that pursuant Affairs, Office of Management and issuer during the blackout period with to the Paperwork Reduction Act of 1995 Budget, Room 10102, New Executive respect to such equity security, if the (44 U.S.C. 3501 et seq.), the Securities Office Building, Washington, DC 20503, director or executive officer acquired and Exchange Commission (the or by sending an email to: Shagufta_ the equity security in connection with ‘‘Commission’’) has submitted to the Ahmed@omb.eop.gov ; and (ii) Pamela his or her service or employment. sradovich on DSK3GMQ082PROD with NOTICES Office of Management and Budget a Dyson, Chief Information Officer, Approximately 1,647 issuers file using request for extension of the previously Securities and Exchange Commission, c/ Regulation RR responses and it takes approved collection of information o Remi Pavlik-Simon, 100 F Street NE, approximately 14.389 hours per discussed below. Washington, DC 20549 or send an email response. We estimate that 75% of the Rule 34b–1 under the Investment to: PRA_Mailbox@sec.gov. Comments 14.389 hours per response (10.792 Company Act (17 CFR 270.34b–1) must be submitted to OMB within 30 hours) is prepared by the registrant for governs sales material that accompanies days of this notice. a total annual reporting burden of or follows the delivery of a statutory VerDate Sep<11>2014 19:42 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1

4100 Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices prospectus (‘‘sales literature’’). Rule Dated: January 24, 2018. concerning the purpose of and basis for 34b–1 deems to be materially Eduardo A. Aleman, the proposed rule change and discussed misleading any investment company Assistant Secretary. any comments it received on the (‘‘fund’’) sales literature required to be [FR Doc. 2018–01603 Filed 1–26–18; 8:45 am] proposed rule change. The text of these filed with the Securities and Exchange BILLING CODE 8011–01–P statements may be examined at the Commission (‘‘Commission’’) by Section places specified in Item IV below. The 24(b) of the Investment Company Act Exchange has prepared summaries, set (15 U.S.C. 80a–24(b)) that includes SECURITIES AND EXCHANGE forth in sections A, B, and C below, of performance data, unless the sales COMMISSION the most significant aspects of such literature also includes the appropriate statements. [Release No. 34–82569; File No. SR–Phlx– uniformly computed data and the 2018–10] A. Self-Regulatory Organization’s legend disclosure required in Statement of the Purpose of, and investment company advertisements by Self-Regulatory Organizations; Nasdaq Statutory Basis for, the Proposed Rule rule 482 under the Securities Act of PHLX LLC; Notice of Filing and Change 1933 (17 CFR 230.482). Requiring the Immediate Effectiveness of Proposed Rule Change To Amend Section VIII of 1. Purpose inclusion of such standardized performance data in sales literature is the Exchange’s Pricing Schedule The Exchange proposes to adjust the designed to prevent misleading January 23, 2018. fee schedule for PSX TotalView to performance claims by funds and to Pursuant to Section 19(b)(1) of the reflect substantial enhancements to the enable investors to make meaningful Securities Exchange Act of 1934 product since the current fees were set comparisons among funds. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 in 2010.3 Specifically, the Exchange The Commission estimates that on notice is hereby given that on January proposes to: (i) Introduce a monthly average approximately 208 respondents 16, 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or non-display usage 4 fee of $50 per file 13,004 1 responses that include the ‘‘Exchange’’) filed with the Securities Professional Subscriber 5 for PSX and Exchange Commission (‘‘SEC’’ or TotalView based upon Direct Access; information required by rule 34b–1 each ‘‘Commission’’) the proposed rule and (ii) increase the monthly enterprise year. The burden resulting from the change as described in Items I, II, and license fee for non-display usage of PSX collection of information requirements TotalView based upon Direct Access III below, which Items have been of rule 34b–1 is estimated to be 2 hours prepared by the Exchange. The from $16,000 to $17,000.6 per response. The total hourly burden Commission is publishing this notice to for rule 34b–1 is approximately 26,008 PSX TotalView solicit comments on the proposed rule hours per year in the aggregate.2 change from interested persons. PSX TotalView, like Nasdaq and BX The collection of information under TotalView, is a real-time market data I. Self-Regulatory Organization’s rule 34b–1 is mandatory. The feed that provides access to every Statement of the Terms of Substance of information provided under rule 34b–1 the Proposed Rule Change displayed quote and order at every price is not kept confidential. An agency may level in Nasdaq-, NYSE-, NYSE not conduct or sponsor, and a person is The Exchange proposes to amend American-, NYSE Arca-, CBOE- and not required to respond to, a collection Section VIII of the Exchange’s Pricing IEX-listed securities.7 PSX TotalView of information unless it displays a Schedule, Nasdaq PSX Fees, to modify also provides anonymous interest and the fee schedule for PSX TotalView to administrative messages relating to currently valid control number. reflect substantial enhancements to the trading halts and symbol directory The public may view the background product since the current fees were set documentation for this information messages.8 The PSX TotalView in 2010. Specifically, the Exchange entitlement today is available for a collection at the following website, proposes to: (i) Introduce a monthly www.reginfo.gov. Comments should be non-display usage fee of $50 per 3 See Securities Exchange Act Release No. 62876 directed to: (i) Desk Officer for the Professional Subscriber for PSX (September 9, 2010), 75 FR 56624 (September 16, Securities and Exchange Commission, TotalView based upon Direct Access; 2010) (SR–Phlx–2010–120). Office of Information and Regulatory and (ii) increase the monthly enterprise 4 ‘‘Non-display usage’’ refers to the usage of Affairs, Office of Management and license fee for non-display usage of PSX Exchange data by a computer for calculations and routing decisions that does not provide a means to Budget, Room 10102, New Executive TotalView from $16,000 to $17,000 display data on a screen. See Securities Exchange Office Building, Washington, DC 20503, based upon Direct Access. The proposal Act Release No. 62876 (September 9, 2010), 75 FR or by sending an email to: Shagufta_ is described in further detail below. 56624 (September 16, 2010) (SR\Phlx–2010–120). Ahmed@omb.eop.gov; and (ii) Pamela The text of the proposed rule change 5 A ‘‘Subscriber’’ is a method of accessing data, is available on the Exchange’s website at defined as ‘‘any access that a distributor of the data Dyson, Director/Chief Information entitlement package(s) provides to: (1) Access the Officer, Securities and Exchange http://nasdaqphlx.cchwallstreet.com/, information in the data entitlement package(s); or Commission, c/o Remi Pavlik-Simon, at the principal office of the Exchange, (2) communicate with the distributor so as to cause and at the Commission’s Public the distributor to access the information in the data 100 F Street NE, Washington, DC 20549 entitlement package(s).’’ See Phlx Pricing Schedule, Reference Room. or send an email to: PRA_Mailbox@ Section VIII, PSX TotalView (d). sec.gov. Comments must be submitted to II. Self-Regulatory Organization’s 6 The Exchange filed the proposed pricing OMB within 30 days of this notice. Statement of the Purpose of, and changes on January 3, 2018 (SR–Phlx–2018–04). On sradovich on DSK3GMQ082PROD with NOTICES January 16, 2018, the Exchange withdrew that filing Statutory Basis for, the Proposed Rule and submitted this filing. Change 7 In contrast with Nasdaq and BX TotalView, all 1 The estimated number of responses to rule 34b– In its filing with the Commission, the displayed orders for PSX TotalView are displayed 1 is composed of 12,772 responses filed with without attribution to the entering market FINRA and 232 responses filed with the Exchange included statements participant. Commission in 2016. 8 Symbol directory messages include basic 2 13,004 responses × 2 hours per response = 1 15 U.S.C. 78s(b)(1). security data such as the market tier and financial 26,008 hours. 2 17 CFR 240.19b–4. status indicator. VerDate Sep<11>2014 19:42 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1


Document Created: 2018-01-27 00:57:31
Document Modified: 2018-01-27 00:57:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 4099 
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