[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Pages 33487-33488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16479]


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SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of Investor Education and Advocacy, Washington, DC 
20549-0212.

Extension:
    Rules 8b-1 to 8b-33; SEC File No. 270-135; OMB Control No. 3235-
0176.

    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.
    Rules 8b-1 to 8b-33 (17 CFR 270.8b-1 to 8b-33) under the Investment 
Company Act of 1940 (15 U.S.C. 80a-1 et seq.) (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

[[Page 33488]]

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.
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    \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.
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    The Commission does not estimate separately the total annual 
reporting and recordkeeping burden associated with rules 8b-1 to 8b-33 
because the burden associated with these rules is included in the 
burden estimates the Commission submits for the investment company 
registration statement forms (e.g., Form N-1A (17 CFR 239.15A and 
274.11A), Form N-2 (17 CFR 239.14 and 274.11a-1), Form N-3 (17 CFR 
239.17a and 274.11b), Form N-4 (17 CFR 239.17b and 274.11c), and Form 
N-6 (17 CFR 239.17c and 274.11d)). 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. For 
administrative purposes, however, we are requesting approval for an 
information collection burden of one hour per year. This estimate of 
burden hours is not derived from a comprehensive or necessarily even 
representative study of the cost of the Commission's rules and forms.
    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 Charles Boucher, Director/
CIO, Securities and Exchange Commission, C/O Shirley Martinson, 6432 
General Green Way, Alexandria, VA 22312; or send an e-mail to: [email protected].

    Dated: July 8, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-16479 Filed 7-10-09; 8:45 am]
BILLING CODE 8010-01-P