83 FR 5155 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 24 (February 5, 2018)

Page Range		5155-5156
FR Document		2018-02257

Federal Register, Volume 83 Issue 24 (Monday, February 5, 2018)

[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Notices]
[Pages 5155-5156]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02257]


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SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange

[[Page 5156]]

Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 
20549-2736

Extension:
    Rule 35d-1, SEC File No. 270-491, OMB Control No. 3235-0548

    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'') is soliciting comments on the 
collection of information summarized below. The Commission plans to 
submit this existing collection of information to the Office of 
Management and Budget for extension and approval.
    Rule 35d-1 (17 CFR 270.35d-1) under the Investment Company Act of 
1940 (15 U.S.C. 80a-1 et seq.) defines as ``materially deceptive and 
misleading'' for purposes of Section 35(d), among other things, a name 
suggesting that a registered investment company or series thereof (a 
``fund'') focuses its investments in a particular type of investment or 
investments, in investments in a particular industry or group of 
industries, or in investments in a particular country or geographic 
region, unless, among other things, the fund adopts a certain 
investment policy. Rule 35d-1 further requires either that the 
investment policy is fundamental or that the fund has adopted a policy 
to provide its shareholders with at least 60 days prior notice of any 
change in the investment policy (``notice to shareholders''). The 
rule's notice to shareholders provision is intended to ensure that when 
shareholders purchase shares in a fund based, at least in part, on its 
name, and with the expectation that it will follow the investment 
policy suggested by that name, they will have sufficient time to decide 
whether to redeem their shares in the event that the fund decides to 
pursue a different investment policy.
    The Commission estimates that there are approximately 9,939 open-
end and closed-end funds that have names that are covered by the rule. 
The Commission estimates that of these 9,939 funds, approximately 33 
will provide prior notice to shareholders pursuant to a policy adopted 
in accordance with this rule per year. The Commission estimates that 
the annual burden associated with the notice to shareholders 
requirement of the rule is 20 hours per response, for annual total of 
660 hours per year.
    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 representative survey or study of the costs of Commission rules 
and forms. The collection of information under rule 35d-1 is mandatory. 
The information provided under rule 35d-1 will not be 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 OMB control number.
    Written comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden of the collection of information; (c) ways to enhance the 
quality, utility, and clarity of the information collected; and (d) 
ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology. Consideration will 
be given to comments and suggestions submitted in writing within 60 
days of this publication.
    Please direct your written comments to 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].

    Dated: January 31, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-02257 Filed 2-2-18; 8:45 am]
 BILLING CODE 8011-01-P

Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices 5155

the Rulebook by Members 7 of the as the Commission may designate, it has • Send an email to rule-comments@
Exchange who are members of other become effective pursuant to Section sec.gov. Please include File Number SR–
Affiliated Exchanges. Moreover, the 19(b)(3)(A)(iii) of the Act 10 and NASDAQ–2018–007 on the subject line.
proposed changes are of a non- subparagraph (f)(6) of Rule 19b–4
Paper Comments
substantive nature and will not amend thereunder.11
the relocated rules other than to update A proposed rule change filed under • Send paper comments in triplicate
their numbers and make conforming Rule 19b–4(f)(6) 12 normally does not to Secretary, Securities and Exchange
cross-reference changes. become operative prior to 30 days after Commission, 100 F Street NE,
the date of the filing. However, Rule Washington, DC 20549–1090.
2. Statutory Basis All submissions should refer to File
19b–4(f)(6)(iii) 13 permits the
The Exchange believes that its Commission to designate a shorter time Number SR–NASDAQ–2018–007. This
proposal is consistent with Section 6(b) if such action is consistent with the file number should be included on the
of the Act,8 in general, and furthers the protection of investors and the public subject line if email is used. To help the
objectives of Section 6(b)(5) of the Act,9 interest. The Exchange has asked the Commission process and review your
in particular, in that it is designed to Commission to waive the 30-day comments more efficiently, please use
promote just and equitable principles of operative delay so that the Exchange can only one method. The Commission will
trade, to remove impediments to and reorganize its Rulebook as already post all comments on the Commission’s
perfect the mechanism of a free and approved by the Commission. The internet website (http://www.sec.gov/
open market and a national market Commission believes that waiver of the rules/sro.shtml). Copies of the
system, and, in general to protect 30-day operative delay is consistent submission, all subsequent
investors and the public interest, by with the protection of investors and the amendments, all written statements
promoting efficiency and conformity of public interest. Accordingly, the with respect to the proposed rule
the Exchange’s processes with those of Commission hereby waives the change that are filed with the
the Affiliated Exchanges and to make operative delay and designates the Commission, and all written
the Exchange’s Rulebook easier to read proposed rule change as operative upon communications relating to the
and more accessible to its Members. The filing.14 proposed rule change between the
Exchange believes that the relocation of At any time within 60 days of the Commission and any person, other than
the CAT Rules and cross-reference filing of the proposed rule change, the those that may be withheld from the
updates are of a non-substantive nature. Commission summarily may public in accordance with the
temporarily suspend such rule change if provisions of 5 U.S.C. 552, will be
B. Self-Regulatory Organization’s available for website viewing and
Statement on Burden on Competition it appears to the Commission that such
action is: (i) Necessary or appropriate in printing in the Commission’s Public
The Exchange does not believe that the public interest; (ii) for the protection Reference Room, 100 F Street NE,
the proposed rule change will impose of investors; or (iii) otherwise in Washington, DC 20549, on official
any burden on competition not furtherance of the purposes of the Act. business days between the hours of
necessary or appropriate in furtherance If the Commission takes such action, the 10:00 a.m. and 3:00 p.m. Copies of the
of the purposes of the Act. The Commission shall institute proceedings filing also will be available for
proposed changes do not impose a to determine whether the proposed rule inspection and copying at the principal
burden on competition because, as should be approved or disapproved. office of the Exchange. All comments
previously stated, they (i) are of a non- received will be posted without change.
substantive nature, (ii) are intended to IV. Solicitation of Comments Persons submitting comments are
harmonize the Exchange’s rules with Interested persons are invited to cautioned that we do not redact or edit
those of its Affiliated Exchanges, and submit written data, views, and personal identifying information from
(iii) are intended to organize the arguments concerning the foregoing, comment submissions. You should
Rulebook in a way that it will ease the including whether the proposed rule submit only information that you wish
Members’ navigation and reading of the change is consistent with the Act. to make available publicly. All
rules across the Affiliated Exchanges. Comments may be submitted by any of submissions should refer to File
the following methods: Number SR–NASDAQ–2018–007 and
C. Self-Regulatory Organization’s
should be submitted on or before
Statement on Comments on the Electronic Comments February 26, 2018.
Proposed Rule Change Received from
Members, Participants, or Others • Use the Commission’s internet For the Commission, by the Division of
comment form (http://www.sec.gov/ Trading and Markets, pursuant to delegated
No written comments were either rules/sro.shtml); or authority.15
solicited or received. Eduardo A. Aleman,
III. Date of Effectiveness of the 10 15 U.S.C. 78s(b)(3)(A)(iii). Assistant Secretary.
11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
Proposed Rule Change and Timing for [FR Doc. 2018–02171 Filed 2–2–18; 8:45 am]
4(f)(6)(iii) requires the Exchange to give the
Commission Action Commission written notice of the Exchange’s intent
BILLING CODE 8011–01–P

Because the foregoing proposed rule to file the proposed rule change, along with a brief
description and text of the proposed rule change,
change does not: (i) Significantly affect at least five business days prior to the date of filing SECURITIES AND EXCHANGE
the protection of investors or the public of the proposed rule change, or such shorter time COMMISSION
sradovich on DSK3GMQ082PROD with NOTICES

interest; (ii) impose any significant as designated by the Commission. The Exchange
burden on competition; and (iii) become has satisfied this requirement.
12 17 CFR 240.19b–4(f)(6).
Proposed Collection; Comment
operative for 30 days from the date on Request
13 17 CFR 240.19b–4(f)(6)(iii).
which it was filed, or such shorter time 14 For purposes only of waiving the 30-day
Upon Written Request, Copies Available
operative delay, the Commission has also
7 Exchange Rule 0120(i). considered the proposed rule’s impact on From: Securities and Exchange
8 15 U.S.C. 78f(b).
efficiency, competition, and capital formation. See
9 15 U.S.C. 78f(b)(5). 15 U.S.C. 78c(f). 15 17 CFR 200.30–3(a)(12).

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Document Created: 2018-02-03 01:25:01
Document Modified: 2018-02-03 01:25:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 5155