
[Federal Register: January 26, 2009 (Volume 74, Number 15)]
[Notices]               
[Page 4485]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja09-126]                         

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SECURITIES AND EXCHANGE COMMISSION

 
Submission for OMB Review; Comment Request

Upon Written Request, Copy Available From: Securities and Exchange 
Commission, Office of Investor Education and Advocacy, Washington, DC 
20549-0213.

Extension:
    Rule 34b-1; File No. 270-305; OMB Control No. 3235-0346.

    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 a request for extension of the previously 
approved collection of information discussed below.
    Rule 34b-1 under the Investment Company Act (17 CFR 270.34b-1) 
governs sales material that accompanies or follows the delivery of a 
statutory prospectus (``sales literature'').\1\ Rule 34b-1 deems to be 
materially misleading any investment company sales literature required 
to be filed with the Commission by Section 24(b) of the Investment 
Company Act (15 U.S.C. 80a-24(b)) \2\ that includes performance data, 
unless the sales literature also includes the appropriate uniformly 
computed data and the legend disclosure required in investment company 
advertisements by rule 482 under the Securities Act of 1933 (17 CFR 
230.482). Requiring the inclusion of such standardized performance data 
in sales literature is designed to prevent misleading performance 
claims by funds and to enable investors to make meaningful comparisons 
among fund performance claims.
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    \1\ A ``statutory prospectus'' is a prospectus that meets the 
requirements of Section 10(a) of the Securities Act of 1933 (15 
U.S.C. 77j(a)).
    \2\ Sales literature addressed to or intended for distribution 
to prospective investors is deemed filed with the Commission for 
purposes of Section 24(b) of the Investment Company Act upon filing 
with a national securities association registered under Section 15A 
of the Securities Exchange Act of 1934 that has adopted rules 
providing standards for the investment company advertising practices 
of its members and has established and implemented procedures to 
review that advertising. See Rule 24b-3 under the Investment Company 
Act (17 CFR 270.24b-3).
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    The Commission estimates that 3,210 respondents file approximately 
13,001 responses with the Commission that include the information 
required by rule 34b-1. The burden from rule 34b-1 requires 2.41 hours 
per response resulting from creating the information required under 
rule 34b-1. The total burden hours for rule 34b-1 is 31,332 per year in 
the aggregate (13,001 responses x 2.41 hours per response). Estimates 
of average burden hours 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.
    The collection of information under rule 34b-1 is mandatory. The 
information provided under rule 34b-1 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 send an e-mail to: Shagufta_
Ahmed@omb.eop.gov; and (ii) 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: PRA_Mailbox@sec.gov. 
Comments must be submitted to OMB within 30 days of this notice.

    Dated: January 14, 2009.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-1459 Filed 1-23-09; 8:45 am]

BILLING CODE 8011-01-P
