25788 Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 

3See Rule 24b–3 under the Investment Company 

Act (17 CFR 270.24b–3), which provides that any 

sales material, including rule 482 advertisements, 

shall be deemed filed with the Commission for 

purposes of Section 24(b) of the Investment 

Company Act upon filing with FINRA. 

1The information collection requirements for rule 

27d–1 and Form N–27D–1 are covered in a separate 

Federal Register notice under OMB Control No. 

3235–0560. 

2The rule sets forth minimum reserve amounts 

and guidelines for the management and 

disbursement of the assets in the account. Rule 

27d–1(j) directs depositors and principal 

underwriters annually to make an accounting of 

their segregated trust accounts on Form N–27D–1, 

which is filed with the Commission. The form 

requires depositors and principal underwriters to 

report deposits to a segregated trust account, 

including those made pursuant to paragraphs (c) 

and (e) of the rule. Withdrawals pursuant to 

paragraph (f) of the rule also must be reported. In 

addition, the form solicits information regarding the 

minimum amount required to be maintained under 

paragraphs (d) and (e) of rule 27d–1. 

required to make available to investors 

month-end performance figures via Web 

site disclosure or by a toll-free 

telephone number, and to disclose the 

availability of the month-end 

performance data in the advertisement. 

The rule also sets forth requirements 

regarding the prominence of certain 

disclosures, requirements regarding 

advertisements that make tax 

representations, requirements regarding 

advertisements used prior to the 

effectiveness of the fund’s registration 

statement, requirements regarding the 

timeliness of performance data, and 

certain required disclosures by money 

market funds. 

Rule 482 advertisements must be filed 

with the Commission or, in the 

alternative, with Financial Industry 

Regulatory Authority (‘‘FINRA’’).3 This 

information collection differs from 

many other federal information 

collections that are primarily for the use 

and benefit of the collecting agency. 

As discussed above, rule 482 contains 

requirements that are intended to 

encourage the provision to investors of 

information that is balanced and 

informative, particularly in the area of 

investment performance. The 

Commission is concerned that in the 

absence of such provisions fund 

investors may be misled by deceptive 

rule 482 performance advertisements 

and may rely on less-than-adequate 

information when determining in which 

funds they should invest their money. 

As a result, the Commission believes it 

is beneficial for funds to provide 

investors with balanced information in 

fund advertisements in order to allow 

investors to make better-informed 

decisions. 

The Commission estimates that 

89,077 responses are filed annually 

pursuant to rule 482 by 4,106 

investment companies offering 37,265 

portfolios. Respondents consist of all 

the investment companies that take 

advantage of the safe harbor offered by 

the rule for their advertisements. The 

burden associated with rule 482 is 

presently estimated to be 5.16 hours per 

response. The hourly burden is 

therefore approximately 459,637 hours 

(89,077 responses × 5.16 hours per 

response). 

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. 

Cost burden is the cost of services 

purchased to comply with rule 482, 

such as for the services of computer 

programmers, outside counsel, financial 

printers, and advertising agencies. The 

Commission attributes no cost burden to 

rule 482. 

The provision of information under 

rule 482 is necessary to obtain the 

benefits of the safe harbor offered by the 

rule. The information provided 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. 

Please direct general comments 

regarding the above information to the 

following persons: (i) Desk Officer for 

the Securities and Exchange 

Commission, Office of Management and 

Budget, Room 10102, New Executive 

Office Building, Washington, DC 20503 

or e-mail to: 

Alexander_T._Hunt@omb.eop.gov; and 

(ii) R. Corey Booth, Director/Chief 

Information Officer, Securities and 

Exchange Commission, C/O Shirley 

Martinson, 6432 General Green Way, 

Alexandria, VA 22312; or send an 

e-mail to: PRA_Mailbox@sec.gov. 

Comments must be submitted to OMB 

within 30 days of this notice. 

Dated: April 30, 2008. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E8–10046 Filed 5–6–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon written request, copies available 

from: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 27d–2; SEC File No. 270–500; OMB 

Control No. 3235–0566. 

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 

(‘‘OMB’’) a request for approval of the 

collections of information under the 

Investment Company Act of 1940 (15 

U.S.C. 80a) (‘‘Act’’) summarized below. 

Rule 27d–2 (17 CFR 270.27d–2) is 

entitled ‘‘Insurance Company 

Undertaking in Lieu of Segregated Trust 

Account.’’ Rule 27d–1 (17 CFR 270.27d–

1) 1 under the Act requires the depositor 

or principal underwriter for an issuer of 

periodic payment plans to deposit funds 

into a segregated trust account to 

provide assurance of its ability to fulfill 

its refund obligations under sections 

27(d) and 27(f).2 Rule 27d–2 provides an 

exemption from rule 27d–1 under the 

Act for depositors or principal 

underwriters for the issuers of periodic 

payments plans. In order to comply 

with the rule: (i) The depositor or 

principal underwriter must secure from 

an insurance company a written 

guarantee of the refund requirements; 

(ii) the insurance company must satisfy 

certain financial criteria; and (iii) the 

depositor or principal underwriter must 

file as an exhibit to the issuer’s 

registration statement, a copy of the 

written undertaking, an annual 

statement that the insurance company 

has met the requisite financial criteria 

on a monthly basis, and an annual 

audited balance sheet. 

Rules 27d–1 and 27d–2, which were 

explicitly authorized by statute, provide 

assurance that depositors and principal 

underwriters of issuers have access to 

sufficient cash to meet the demands of 

certificate holders who reconsider their 

decisions to invest in a periodic 

payment plan. The information 

collection requirements in rules 27d–1 

and 27d–2 enable the Commission to 

monitor compliance with reserve rules. 

Rules 27d–1 and 27d–2, which were 

explicitly authorized by statute, provide 

assurance that depositors and principal 

underwriters of issuers have access to 

sufficient cash to meet the demands of 

certificate holders who reconsider their 

decisions to invest in a periodic 

payment plan. The information 

collection requirements in rules 27d–1 

and 27d–2 enable the Commission to 

monitor compliance with reserve rules. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 25789 

3The three responses are: (i) Obtaining and filing 

the written undertaking or an amendment to the 

undertaking, (ii) filing the insurance company’s 

annual statement that the financial conditions were 

satisfied, and (iii) filing the insurance company’s 

certified balance sheet. 

4These estimates are based on telephone 

interviews between the Commission staff and 

representatives of depositors or principal 

underwriters of periodic payment plan issuers. 

1 Fidelity Rutland Square Trust, et al., Investment 

Company Act Release Nos. 28008 (Sept. 28, 2007) 

(notice) and 28023 (Oct. 24, 2007) (order). 

Only one registered investment 

company has issued a new periodic 

payment plan certificate within the past 

18 months, and the principal 

underwriter or depositor for this sole 

issuer relies on the exemption in rule 

27d–2. The respondent makes 

approximately three responses per 

year.3 The insurance company provides 

the written undertaking, annual 

statement, and certified balance sheet at 

no cost to the respondent. The staff 

estimates that the respondent spends 

approximately one hour per year filing 

the required documents from the 

insurance company on EDGAR. Thus, 

we estimate that the annual burden is 

approximately 1 hour. 

The staff believes that rule 27d–2 does 

not impose any cost burdens other than 

those arising from the hour burdens 

discussed above. 

The estimates of average burden hours 

and costs 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 

Commission rules and forms.4

Complying with the collection of 

information requirements of rule 27d–2 

is mandatory for depositors or principal 

underwriters of issuers of periodic 

payment plans who rely on the rule for 

an exemption from complying with rule 

27d–1 and filing Form N–27D–1 (17 

CFR 274.127d–1). The information 

provided pursuant to rule 27d–2 is 

public and, therefore, 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. 

Please direct general comments 

regarding the above information to the 

following persons: (i) Desk Officer for 

the Securities and Exchange 

Commission, Office of Management and 

Budget, Room 10102, New Executive 

Office Building, Washington, DC 20503 

or e-mail to: 

Alexander_T._Hunt@omb.eop.gov; and 

(ii) R. Corey Booth, Director/Chief 

Information Officer, Securities and 

Exchange Commission, C/O Shirley 

Martinson, 6432 General Green Way, 

Alexandria, VA 22312; or send an email to: PRA_Mailbox@sec.gov. 

Comments must be submitted to OMB 

within 30 days of this notice. 

Dated: April 30, 2008. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E8–10047 Filed 5–6–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon written request, copies available 

from: U.S. Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 103; OMB Control No. 3235–0466; 

SEC File No. 270–410. 

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 a 

request for approval of extension of the 

existing collection of information 

provided for in the following rule: Rule 

103 of Regulation M (17 CFR 242.103). 

Rule 103 permits passive marketmaking in Nasdaq securities during a 

distribution. A distribution participant 

that seeks use of this exception would 

be required to disclose to third parties 

its intention to engage in passive market 

making. 

There are approximately 214 

respondents per year that require an 

aggregate total of 214 hours to comply 

with this rule. Each respondent makes 

an estimated 1 annual response. Each 

response takes approximately 1 hour to 

complete. Thus, the total compliance 

burden per year is 214 burden hours. 

The total compliance cost for the 

respondents is approximately 

$12,037.50, resulting in a cost of 

compliance for the respondent per 

response of approximately $56.25 (i.e., 

$12,037.50/214 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. 

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 e-mail to: 

Alexander_T._Hunt@omb.eop.gov; and 

(ii) R. Corey Booth, Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Shirley 

Martinson, 6432 General Green Way, 

Alexandria, VA 22312 or send an e-mail 

to: PRA_Mailbox@sec.gov. Comments 

must be submitted within 30 days of 

this notice. 

Dated: April 30, 2008. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E8–10040 Filed 5–6–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28259; 812–13476] 

Fidelity Rutland Square Trust, et al.; 

Notice of Application 

April 30, 2008. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of application for an 

order under section 12(d)(1)(J) of the 

Investment Company Act of 1940 

(‘‘Act’’) for an exemption from sections 

12(d)(1)(A) and (B) of the Act, and 

under sections 6(c) and 17(b) of the Act 

for an exemption from section 17(a) of 

the Act. 

SUMMARY OF THE APPLICATION: 

Applicants request an order to permit 

certain registered open-end management 

investment companies to acquire shares 

of other registered open-end 

management investment companies and 

unit investment trusts that are within 

and outside the same group of 

investment companies. The order would 

supersede a prior order (the ‘‘Prior 

Order’’).1

APPLICANTS: Fidelity Management & 

Research Company (‘‘FMR’’), Fidelity 

Management Trust Company (‘‘FMTC’’), 

Pyramis Global Advisors Trust 

Company (‘‘PGATC’’), Strategic 

Advisers, Inc. (‘‘SAI’’) (collectively, the 

‘‘Adviser’’); Fidelity Distributors 

Corporation (‘‘FDC’’) and National 

Financial Services LLC (‘‘NFS’’) 

(collectively, the ‘‘Distributor’’); and 

Fidelity Rutland Square Trust (the 

‘‘Trust’’). 

FILING DATES: The application was filed 

on January 16, 2008, and amended on 

April 29, 2008. 

HEARING OR NOTIFICATION OF HEARING: An 

order granting the application will be 


sroberts on PROD1PC70 with NOTICES