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Federal Register 30-Day Notice
ICR 202605-3235-020 · OMB 3235-0548 · Object 171535800.
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| File Type | application/pdf |
|---|---|
| File Title | Federal Register 30-Day Notice |
| Last Modified By | govinfo, U. S. Government Publishing Office |
| File Modified | 2026-08-06 |
| File Created | 2026-08-06 |
| Conversion State | complete |
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50911 Federal Register / Vol. 91, No. 150 / Thursday, August 6, 2026 / Notices current market. The proposal would, therefore, result in more accurate calculations for margin requirements commensurate with risks and particular attributes of the products it clears. Accordingly, the Proposed Rule Change is consistent with the requirements of Rule 17ad–22(e)(6) under the Act.28 IV. Conclusion On the basis of the foregoing, the Commission finds that the Proposed Rule Change is consistent with the requirements of the Exchange Act, and in particular, with the requirements of Section 17A(b)(3)(F) of the Exchange Act,29 and Rule 17ad–22(e)(6)(i) thereunder.30 It is therefore ordered pursuant to Section 19(b)(2) of the Exchange Act 31 that the proposed rule change (SR–OCC–2026–005) be, and hereby is, approved.32 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.33 Sherry R. Haywood, Assistant Secretary. [FR Doc. 2026–15928 Filed 8–5–26; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [OMB Control No. 3235–0548] Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension: Rule 35d–1 Under the Investment Company Act of 1940 Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 20549–2736 Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 shareholders with at least 60 days prior notice of any change in the investment policy, or a change to the fund’s name that accompanies the investment policy change (‘‘notice to shareholders’’).4 The rule further requires funds that adopt an 80% investment policy to maintain written records documenting their compliance with rule 35d–1, including records of any notice sent to the fund’s shareholders pursuant to the rule.5 These records must be retained for no less than six years following the creation of each required record (or, in the case of notices, following the date the notice was sent), the first two years in an easily accessible place. Rule 35d–1 is designed to address certain broad categories of fund names that, in the Commission’s view, are likely to mislead an investor about a fund’s investments and risks. The rule’s provisions are intended to further that goal. For example, the rule’s notice to shareholders provision is designed 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 rule’s recordkeeping requirements are designed to help ensure compliance with the rule’s requirements and aid in oversight. Rule 35d–1’s collection of information requirements include, as detailed in Table 1 below, the notice requirement and recordkeeping requirements for funds that are required to adopt an 80% investment policy. Compliance with these requirements is mandatory. Responses to these requirements will not be kept confidential. (44 U.S.C. § 3501 et seq.), the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) is submitting to the Office of Management and Budget (‘‘OMB’’) this request for Extension of the proposed collection of information. Section 35(d) of the Investment Company Act of 1940 (‘‘Investment Company Act’’) 1 prohibits a registered investment company from adopting as part of the name or title of such company, or of any securities of which it is the issuer, any word or words that the Commission finds are materially deceptive or misleading and authorizes the Commission, by rule, regulation, or order, to define such names or titles as are materially deceptive or misleading.2 Rule 35d–1 under the Investment Company Act defines as ‘‘materially deceptive and misleading’’ for purposes of section 35(d), among other things, a name suggesting that a registered investment company or a business development company (‘‘BDC’’), including any series thereof (a ‘‘fund’’) focuses its investments in a particular type of investment or investments, a particular industry or group of industries, particular countries or geographic regions, or investments that have, or whose issuers have, particular characteristics, unless, among other things, the fund adopts a policy to invest at least 80% of the value of its assets in the type of investment suggested by its name.3 The rule imposes a similar 80% investment policy requirement for funds that have names suggesting that a fund’s distributions are exempt from federal income tax or from both federal and state income tax (‘‘tax-exempt funds’’). Rule 35d–1 requires either that (1) the 80% investment policy be fundamental or, (2) generally in the case of funds other than tax-exempt funds, registered closed-end funds, and BDCs, that the fund has adopted a policy to provide its TABLE 1—SUMMARY OF REVISED ANNUAL RESPONSES, BURDEN HOURS, AND MONETIZED ANNUAL TIME BURDEN Annual number of responses (funds) Currently approved lotter on DSK8BHNXB4PROD with NOTICES1 Rule 35d–1 Notice Requirement. 34 Revised estimate 1 37 3 29 15 U.S.C. 78q–1(b)(3)(F). 30 17 CFR 240.17ad–22(e)(6)(i). 31 15 U.S.C. 78s(b)(2). 32 In approving the Proposed Rule Change, the Commission considered the proposal’s impact on 20:33 Aug 05, 2026 Jkt 268001 Currently approved Change 28 17 CFR 240.17ad–22(e)(6). VerDate Sep<11>2014 Annual time burden (hours) 680 Revised estimate Monetized annual time burden (dollars) Change 60 20 hours per notice 2 × 37 funds = 740 hours. efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 33 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 80a–1 et seq. 2 15 U.S.C. 80a–34(d); see also Investment Company Names, Investment Company Act Release PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 Currently approved 3 $289,000 Revised estimate $750 4 × 20 hours = $15,000 per fund. $15,000 × 37 funds = $555,000. Change $266,000 No. 35000 (Sept. 20, 2023) [88 FR 70436 (Oct. 27, 2023)] (adopting amendments to rule 35d–1). 3 17 CFR 270.35d–1. A policy that a fund must adopt under rule 35d–1 is referred to as an ‘‘80% investment policy.’’ 4 17 CFR 270.35d–1(a)(2)(ii), (a)(3)(i), (d), (f). 5 17 CFR 270.35d–1(b)(3). E:\FR\FM\06AUN1.SGM 06AUN1 50912 Federal Register / Vol. 91, No. 150 / Thursday, August 6, 2026 / Notices TABLE 1—SUMMARY OF REVISED ANNUAL RESPONSES, BURDEN HOURS, AND MONETIZED ANNUAL TIME BURDEN— Continued Annual number of responses (funds) Currently approved Revised estimate Annual time burden (hours) Currently approved Change Revised estimate Monetized annual time burden (dollars) Change Currently approved Revised estimate Change $600 8 × 75 hours per fund = $45,000 per fund. $45,000 × 10,855 funds = $488,475,000. $489,030,000 ......... 175,114,050 Rule 35d–1 Recordkeeping Requirement. 10,291 5 10,855 564 771,825 75 hours per fund 6 × 10,855 funds = 814,125 hours. 42,300 7 313,360,950 Total Time Burden (hours) and Monetized Annual Time Burden (dollars). .................. .................. .................. 772,505 814,865 hours ........ 42,360 313,649,950 175,380,050 1 The Commission estimates, across approximately 14,282 open-end and closed-end funds registered with the Commission (12,710 open-end management investment companies (Form N–1A filers), 707 closed-end management investment companies (Form N–2 filers not classified as BDCs), 693 UITs (Form N–4, N–6, N–8B– 2, and S–6 filers), and 172 BDCs (based on Form 10–K filings and related amendments), as of December 31, 2025) that approximately 76% of these funds, or approximately 10,855 funds, have names that would require an 80% investment policy. The Commission further estimates that 1% of these 10,855 funds, or approximately 109 funds, would within the next three years provide a notice to shareholders pursuant to rule 35d–1. Therefore, over the course of 3 years, the Commission estimates that on average approximately 37 funds per year would provide a notice to shareholders under rule 35d–1. 2 The Commission continues to estimate, as under the currently-approved burden, a burden of 20 hours per notice. 3 The currently-approved cost burden was estimated as follows: 20 hours per notice × $425 (blended rate for attorneys) × 34 funds = $289,000. 4 We estimate $750 as follows: $744 rate for an attorney, rounded up for simplicity = $750. To calculate the occupational hourly rate used in the Commission’s current estimates, the Commission uses occupational mean hourly wage data from the Occupational Employment and Wage Statistics (OEWS) program of the Bureau of Labor Statistics (BLS) for ‘‘Securities, Commodity Contracts, and Other Financial Investments and Related Activities’’ (NAICS 523). See Occupational Employment and Wage Statistics, U.S. BUREAU OF LABOR STATISTICS, https://www.bls.gov/oes/; see also Standard Occupational Classification, U.S. BUREAU OF LABOR STATISTICS, https://www.bls.gov/soc/ (describing occupational classification system used by BLS); EXEC. OFF. OF THE PRESIDENT, OFF. OF MGMT. & BUDGET, NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (2022), available at https://www.census.gov/naics/reference_files_tools/2022_NAICS_Manual.pdf (describing the industry classification system used by BLS and other agencies). The mean hourly wage for each occupation is adjusted for changes in the seasonally adjusted employment cost index for private wages and salaries between the data reference period and when the data are released by BLS. See Employment Cost Index, U.S. BUREAU OF LABOR STATISTICS, https://www.bls.gov/eci/. The adjusted mean hourly wage is then multiplied by a factor that accounts for nonwage costs borne by employers, such as bonuses, benefits, and overhead. This factor is calculated as an average over the 10 most recently available years of data of the ratio of the Bureau of Economic Analysis’s annual gross output data for NAICS 523 to total annual wages across all occupations for NAICS 523 in the OEWS data. See Gross Output by Industry, U.S. BUREAU OF ECONOMIC ANALYSIS, https://www.bea.gov/data/industries/gross-output-by-industry; Occupational Employment and Wage Statistics, U.S. BUREAU OF LABOR STATISTICS, https://www.bls.gov/oes/. The final product is the occupational hourly rate. See generally UPDATED METHODOLOGY FOR CALCULATING OCCUPATIONAL HOURLY RATES (Dec. 19, 2025), available at https://www.sec.gov/files/method-occupational-hourlyrates.pdf. 5 We estimate that 10,855 funds have names that would require an 80% investment policy. See supra footnote 1 to Table 1. 6 The Commission continues to estimate, as under the currently-approved burden, an average annual burden of 75 hours associated with recordkeeping under rule 35d–1. This burden would be higher for new funds that would have to establish recordkeeping procedures, and lower for funds whose records (or a significant subset of records) would be able to be automated. 7 The currently-approved cost burden was estimated as follows: 75 annual burden hours associated with recordkeeping × $406 (blended rate for compliance attorney and senior programmer) × 10,291 funds = $313,649,950. 8 We estimate $600 as follows: blended rate for an attorney ($744) and a computer programmer ($416) = $580, rounded up for simplicity = $600. See supra footnote 4 to Table 1 (discussing calculation of occupational hourly rates used in the Commission’s current estimates). Cost burden is the external cost of services purchased to comply with rule 35d–1, such as for the services of computer programmers, outside counsel, financial printers, and advertising agencies. The cost burden does not include the cost of the internal hour burden discussed in Table 1 above. We estimate a total annual external cost burden to all respondents of $5,446,000 ($18,500 (notice requirement) + $5,427,500 (recordkeeping requirement)), as detailed in Table 2 below. TABLE 2—SUMMARY OF REVISED ANNUAL EXTERNAL COST BURDEN [Purchase of services] Annual number of responses (funds) Currently approved Change Currently approved Revised estimate Change 34 10,291 4 10,855 3 564 5 5,814,415 $750 3 × 37 funds = $27,750 .............. $750 6 × 10,855 funds = $8,141,250 .. $8,540 2,326,835 ........................ ........................ ........................ 5,833,625 $8,169,000 .......................................... 2,335,375 Rule 35d–1 Notice Requirement ......... Rule 35d–1 Recordkeeping Requirement. Total External Cost Burden (dollars). Revised estimate Annual external cost burden (dollars) 1 37 2 $19,210 1 See supra footnote 1 to Table 1. lotter on DSK8BHNXB4PROD with NOTICES1 2 The currently-approved annual external cost burden was estimated as follows: $565 for 1 hour of external legal services × 34 funds = $19,210. 3 We estimate $750 as follows: $744 rate for an attorney, rounded up for simplicity = $750. See supra footnote 4 to Table 1 (discussing calculation of occupational hourly rates used in the Commission’s current estimates). 4 See supra footnote 5 to Table 1. 5 The currently-approved annual external cost burden was estimated as follows: $565 for 1 hour of external legal services × 10,291 funds = $5,814,415. 6 See supra footnote 3 to Table 2. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information VerDate Sep<11>2014 20:33 Aug 05, 2026 Jkt 268001 unless it displays a currently valid OMB Control Number. PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 The public may view and comment on this information collection request at: https://www.reginfo.gov/public/do/ E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 91, No. 150 / Thursday, August 6, 2026 / Notices PRAViewICR?ref_nbr=202605-3235-020 or email comment to MBX.OMB.OIRA.SEC_desk_officer@ omb.eop.gov within 30 days of the day after publication of this notice, by September 8, 2026. Dated: August 3, 2026. Sherry R. Haywood, Assistant Secretary. [FR Doc. 2026–15934 Filed 8–5–26; 8:45 am] Summary of Information Collection BILLING CODE 8011–01–P Title: Small Business Week Award Nominations. OMB Control Number: 3245–0360. Form Number: 3300–3306. Description of Respondents: Nominated Small Business Owners and Nominators. Estimated Number of Respondents: 500. Estimated Annual Responses: 500. Estimated Annual Hour Burden: 750 SMALL BUSINESS ADMINISTRATION Reporting and Recordkeeping Requirements under Office of Management and Budget Review AGENCY: U.S. Small Business Administration. ACTION: 30-Day notice; request for Solicitation of Public Comments comments. SUMMARY: The Small Business Administration (SBA) will submit the information collection described below to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, as amended, on or after the date of publication of this notice. SBA is publishing this notice to allow all interested members of the public an additional 30 days to provide comments on the collection of information. DATES: Submit comments on or before September 8, 2026. ADDRESSES: Written comments and recommendations for this information collection request should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection request by selecting ‘‘Small Business Administration’’; ‘‘Currently Under Review,’’ then select the ‘‘Only Show ICR for Public Comment’’ checkbox. This information collection can be identified by title and/or OMB Control Number, which are provided below. FOR FURTHER INFORMATION CONTACT: You lotter on DSK8BHNXB4PROD with NOTICES1 financial performance, community involvement and SBA assistance. The information is also used to verify the accuracy of information submitted and determining whether there are any actual or potential conflicts of interest. Awards are presented to winners during the Presidentially declared Small Business Week. may obtain information including a copy of the forms and supporting documents from the Interim Agency Clearance Officer, Shauniece Carter, at (202) 205–6536, or shauniece.carter@ sba.gov, or from www.reginfo.gov/ public/do/PRAMain. SUPPLEMENTARY INFORMATION: Small business owners or advocates who have been nominated for an SBA recognition award submit this information for use in evaluating nominee’s eligibility for an award including business profile, VerDate Sep<11>2014 20:33 Aug 05, 2026 Jkt 268001 SBA invites the public to submit comments, including specific and detailed suggestions on ways to improve the collection and reduce the burden on respondents. Commenters should also address (i) whether the information collection is necessary for the proper performance of SBA’s functions, including whether it has any practical utility; (ii) the accuracy of the estimated burdens; (iii) ways to enhance the quality, utility, and clarity of the information to be collected; and (iv) the use of automated collection techniques or other forms of information technology to minimize the information collection burden on those who are required to respond. Shauniece Carter, Interim Agency Clearance Officer. [FR Doc. 2026–16045 Filed 8–5–26; 8:45 am] BILLING CODE 8026–09–P DEPARTMENT OF STATE [Public Notice: 13094] Certification Under Section 7045(b)(2)(A) of the National Security, Department of State, and Related Programs Appropriations Act, 2026 (Div. F, P.L. 119–75) By virtue of the authority vested in me by section 7045(b)(2)(A) of the National Security, Department of State, and Related Programs Appropriations Act, 2026 (Div. F, P.L. 119–75) (FY 2026 NSSAA), I hereby certify that the central governments of El Salvador, Guatemala, and Honduras are: i. Combating corruption and impunity, including investigating and prosecuting government officials, PO 00000 Frm 00164 Fmt 4703 Sfmt 9990 50913 military personnel, and police officers credibly alleged to be corrupt, and improving strategies to combat money laundering and other global financial crimes; ii. Implementing reforms, policies, and programs to strengthen the rule of law, including increasing the transparency of public institutions, strengthening the independence of judicial and electoral institutions, and improving the transparency of political campaign and political party financing; iii. Protecting the rights of human rights defenders, trade unionists, journalists, civil society groups, opposition political parties, and the independence of the media; iv. Taking demonstrable actions to secure national borders and stem mass migration toward Mexico and the United States, including positive governance related to combating crime and violence, building economic opportunity, improving government services, and protecting human rights; v. Providing effective and accountable law enforcement and security for its citizens, curtailing the role of the military in public security, and upholding due process of law; vi. Implementing programs to reduce violence against women and girls; vii. Implementing policies to reduce poverty and promote economic growth and opportunity, including the implementation of reforms to strengthen educational systems, vocational training programs, and programs for at-risk youth; viii. Cooperating with the United States to counter drug trafficking, human trafficking and smuggling, and other transnational crime; ix. Cooperating with the United States and other governments in the region to facilitate the return, repatriation, and reintegration of migrants; and x. Implementing policies that improve the environment for businesses, including foreign businesses, to operate and invest, including executing tax reform in a transparent manner, ensuring effective legal mechanisms for reimbursements of tax refunds owed to United States businesses, and resolving disputes involving the confiscation of real property of United States entities. This certification shall be published in the Federal Register and, along with the accompanying Memorandum of Justification, shall be reported to Congress. Dated: July 1, 2026. Christopher Landau, Deputy Secretary of State, U.S. Department of State. [FR Doc. 2026–15949 Filed 8–5–26; 8:45 am] BILLING CODE 4710–29–P E:\FR\FM\06AUN1.SGM 06AUN1