[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Notices]
[Page 8240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3772]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Submission for OMB Review; Comment Request

[Extension: Rules 8b-1 to 8b-32, SEC File No. 270-135, OMB Control 
No. 3235-0176.]

    Upon written request, copies available from: Securities and 
Exchange Commission, Office of Filings and Information Services, 450 
Fifth Street, NW., Washington, DC 20549.

    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 extension of the previously approved 
collection of information discussed below.
     Rules under section 8(b) of the Investment 
Company Act of 1940.
    Rules 8b-1 to 8b-32 under the Investment Company Act of 1940 [15 
U.S.C. 80a] (the ``Act'') are the procedural rules an investment 
company must follow when preparing and filing a registration statement. 
These rules were adopted to standardize the mechanics of registration 
under the Act and to provide more specific guidance for persons 
registering under the Act than the information contained in the 
statute. For the most part, these procedural rules do not require the 
disclosure of information. Two of the rules, however, require limited 
disclosure of information.\1\ The information required by the rules is 
necessary to ensure that investors have clear and complete information 
upon which to base an investment decision. The Commission uses the 
information that investment companies provide on registration 
statements in its regulatory, disclosure review, inspection and policy-
making roles. The respondents to the collection of information are 
investment companies filing registration statements under the Act.
---------------------------------------------------------------------------

    \1\ Rule 8b-3 [17 CFR 270.8b-3] provides that whenever a 
registration form requires the title of securities to be stated, the 
registrant must indicate the type and general character of the 
securities to be issued. Rule 8b-22 [17 CFR 270.8b-22] provides that 
if the existence of control is open to reasonable doubt, the 
registrant may disclaim the existence of control, but it must state 
the material facts pertinent to the possible existence of control.
---------------------------------------------------------------------------

    The Commission does not estimate separately the total annual 
reporting and recordkeeping burden associated with rules 8b-1 to 8b-32 
because the burden associated with these rules are included in the 
burden estimates the Commission submits for the investment company 
registration statement forms (e.g., Form N-1A, Form N-2, Form N-3, and 
Form N-4). For example, a mutual fund that prepares a registration 
statement on Form N-1A must comply with the rules under section 8(b), 
including rules on riders, amendments, the form of the registration 
statement, and the number of copies to be submitted. Because the fund 
only incurs a burden from the section 8(b) rules when preparing a 
registration statement, it would be impractical to measure the 
compliance burden of these rules separately. The Commission believes 
that including the burden of the section 8(b) rules with the burden 
estimates for the investment company registration statement forms 
provides a more accurate and complete estimate of the total burdens 
associated with the registration process.
    Investment companies seeking to register under the Act are required 
to provide the information specified in rules 8b-1 to 8b-32 if 
applicable. Responses 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 Information and Regulatory Affairs, Office of 
Management and Budget, Room 10102, New Executive Office Building, 
Washington, DC 20503; and (ii) R. Corey Booth, Director/Chief 
Information Officer, Office of Information Technology, Securities and 
Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549. 
Comments must be submitted to OMB within 30 days of this notice.

    Dated: February 13, 2004.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 04-3772 Filed 2-20-04; 8:45 am]
BILLING CODE 8010-01-P