60 day notice

60 day notice for Rule 154.pdf

Rule 154 under the Securities Act of 1933, “Delivery of Prospectuses to Investors at the Same Address.” 17 CFR 230.154.

60 day notice

OMB: 3235-0495

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46526

Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices

Table of Contents
I. Introduction
II. Docketed Proceeding(s)

daltland on DSKBBV9HB2PROD with NOTICES

I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the market dominant or
the competitive product list, or the
modification of an existing product
currently appearing on the market
dominant or the competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s website (http://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3007.301.1
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern market dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3010, and 39
CFR part 3020, subpart B. For request(s)
that the Postal Service states concern
competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3015, and
39 CFR part 3020, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: CP2018–301; Filing
Title: Notice of United States Postal
Service of Filing a Functionally
Equivalent Global Expedited Package
Services 10 Negotiated Service
Agreement and Application for Non1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).

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Public Treatment of Materials Filed
Under Seal; Filing Acceptance Date:
September 7, 2018; Filing Authority: 39
U.S.C. 3642, 39 CFR 3020.30 et seq., and
39 CFR 3015.5; Public Representative:
Christopher C. Mohr; Comments Due:
September 17, 2018.
This Notice will be published in the
Federal Register.
Stacy L. Ruble,
Secretary.
[FR Doc. 2018–19924 Filed 9–12–18; 8:45 am]
BILLING CODE 7710–FW–P

POSTAL SERVICE
Temporary Emergency Committee of
the Board of Governors; Sunshine Act
Meeting
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: 39 FR 45149.
PREVIOUSLY ANNOUNCED TIME AND DATE OF
THE MEETING: Thursday, September 13,

2018, at 1:00 p.m.
A portion of
this meeting will be held as an open
session at 8:00 a.m. on Thursday,
September 13, 2018. Agenda items
include:
1. Administrative Items
The closed session will be held
promptly afterwards.

CHANGES IN THE MEETING:

CONTACT PERSON FOR MORE INFORMATION:

Michael J. Elston, Acting Secretary of
the Board, U.S. Postal Service, 475
L’Enfant Plaza, SW, Washington, DC
20260–1000. Telephone: (202) 268–
4800.
Michael J. Elston,
Acting Secretary.
[FR Doc. 2018–20066 Filed 9–11–18; 4:15 pm]
BILLING CODE 7710–12–P

SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; 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 154; SEC File No. 270–438; OMB
Control No. 3235–0495.

Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information

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summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
The federal securities laws generally
prohibit an issuer, underwriter, or
dealer from delivering a security for sale
unless a prospectus meeting certain
requirements accompanies or precedes
the security. Rule 154 (17 CFR 230.154)
under the Securities Act of 1933 (15
U.S.C. 77a) (the ‘‘Securities Act’’)
permits, under certain circumstances,
delivery of a single prospectus to
investors who purchase securities from
the same issuer and share the same
address (‘‘householding’’) to satisfy the
applicable prospectus delivery
requirements.1 The purpose of rule 154
is to reduce the amount of duplicative
prospectuses delivered to investors
sharing the same address.
Under rule 154, a prospectus is
considered delivered to all investors at
a shared address, for purposes of the
federal securities laws, if the person
relying on the rule delivers the
prospectus to the shared address,
addresses the prospectus to the
investors as a group or to each of the
investors individually, and the investors
consent to the delivery of a single
prospectus. The rule applies to
prospectuses and prospectus
supplements. Currently, the rule
permits householding of all
prospectuses by an issuer, underwriter,
or dealer relying on the rule if, in
addition to the other conditions set forth
in the rule, the issuer, underwriter, or
dealer has obtained from each investor
written or implied consent to
householding.2 The rule requires
issuers, underwriters, or dealers that
wish to household prospectuses with
implied consent to send a notice to each
investor stating that the investors in the
household will receive one prospectus
in the future unless the investors
provide contrary instructions. In
addition, at least once a year, issuers,
underwriters, or dealers relying on rule
1 The Securities Act requires the delivery of
prospectuses to investors who buy securities from
an issuer or from underwriters or dealers who
participate in a registered distribution of securities.
See Securities Act sections 2(a)(10), 4(1), 4(3), 5(b)
[15 U.S.C. 77b(a)(10), 77d(1), 77d(3), 77e(b); see
also rule 174 under the Securities Act (17 CFR
230.174) (regarding the prospectus delivery
obligation of dealers); rule 15c2–8 under the
Securities Exchange Act of 1934 (17 CFR 240.15c2–
8) (prospectus delivery obligations of brokers and
dealers).
2 Rule 154 permits the householding of
prospectuses that are delivered electronically to
investors only if delivery is made to a shared
electronic address and the investors give written
consent to householding. Implied consent is not
permitted in such a situation. See rule 154(b)(4).

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daltland on DSKBBV9HB2PROD with NOTICES

Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices
154 for the householding of
prospectuses relating to open-end
management investment companies that
are registered under the Investment
Company Act of 1940 (‘‘mutual funds’’)
must explain to investors who have
provided written or implied consent
how they can revoke their consent.3
Preparing and sending the notice and
the annual explanation of the right to
revoke are collections of information.
The rule allows issuers, underwriters,
or dealers to household prospectuses if
certain conditions are met. Among the
conditions with which a person relying
on the rule must comply are providing
notice to each investor that only one
prospectus will be sent to the household
and, in the case of issuers that are
mutual funds, providing to each
investor who consents to householding
an annual explanation of the right to
revoke consent to the delivery of a
single prospectus to multiple investors
sharing an address. The purpose of the
notice and annual explanation
requirements of the rule is to ensure that
investors who wish to receive
individual copies of prospectuses are
able to do so.
Although rule 154 is not limited to
mutual funds, the Commission believes
that it is used mainly by mutual funds
and by broker-dealers that deliver
prospectuses for mutual funds. The
Commission is unable to estimate the
number of issuers other than mutual
funds that rely on the rule.
The Commission estimates that, as of
August 2018, there are approximately
1,590 mutual funds, approximately 400
of which engage in direct marketing and
therefore deliver their own
prospectuses. Of the approximately 400
mutual funds that engage in direct
marketing, the Commission estimates
that approximately half of these mutual
funds (200) (i) do not send the implied
consent notice requirement because
they obtain affirmative written consent
to household prospectuses in the fund’s
account opening documentation; or (ii)
do not take advantage of the
householding provision because of
electronic delivery options which lessen
the economic and operational benefits
of rule 154 when compared with the
costs of compliance.
The Commission estimates that there
are approximately 175 broker-dealers
that carry customer accounts for the
remaining mutual funds and therefore
may be required to deliver mutual fund
prospectuses. The Commission
estimates that each affected brokerdealer will spend, on average, 20 hours
complying with the notice requirement
3 See

Rule 154(c).

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of the rule, for a total of 3,500 hours.
Therefore, the total number of
respondents for rule 154 is 475 (300 4
mutual funds plus 175 broker-dealers),
and the estimated total hour burden is
approximately 7,975 hours (4,300 hours
for mutual funds plus 3,675 hours for
broker-dealers).
The estimate of average burden hours
is made solely for the purposes of the
Paperwork Reduction Act, and is not
derived from a comprehensive or even
a representative survey or study of the
costs of Commission rules and forms.
Written comments are invited on: (a)
Whether the collections of information
are necessary for the proper
performance of the functions of the
Commission, including whether the
information has practical utility; (b) the
accuracy of the Commission’s estimate
of the burden of the collections of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collections
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 Candace
Kenner, 100 F Street NE, Washington,
DC 20549; or send an email to: PRA_
[email protected].
Dated: September 7, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–19881 Filed 9–12–18; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–335, OMB Control No.
3235–0381]

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

4 The Commission estimates that 200 mutual
funds prepare both the implied consent notice and
the annual explanation of the right to revoke
consent + 100 mutual funds that prepare only the
annual explanation of the right to revoke.

Frm 00052

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 this
request for extension of the previously
approved collection of information
discussed below.
Form 40–F (17 CFR 249.240f) is used
by certain Canadian issuers to register a
class of securities pursuant to Section
12(b) or (g) of the Securities Exchange
Act of 1934 (‘‘Exchange Act’’) (15 U.S.C.
78l) or as an annual report pursuant to
Section 13(a) or 15(d) of the Exchange
Act (15 U.S.C. 78m(a) or 78o(d)). The
information required in the Form 40–F
is used by investors in making
investment decisions with respect to the
securities of such Canadian companies.
We estimate that Form 40–F takes
approximately 429.93 hours per
response and is filed by approximately
132 respondents. We estimate that 25%
of the 429.93 hours per response (107.48
hours) is prepared by the issuer for a
total reporting burden of 14,187 (107.48
hours per response × 132 responses).
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 Candace
Kenner, 100 F Street, NE, Washington,
DC 20549 or send an email to: PRA_
[email protected]. Comments must be
submitted to OMB within 30 days of
this notice.
Dated: September 7, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–19879 Filed 9–12–18; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION

Extension:
Form 40–F

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Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange

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