
[Federal Register: September 23, 2009 (Volume 74, Number 183)]
[Notices]               
[Page 48615-48616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se09-121]                         

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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 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'') has submitted to the Office of Management and 
Budget a request for extension of the previously approved collection of 
information discussed below.
    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 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 are 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.
    Investment companies seeking to register under the Act are required 
to provide the information specified in rules 8b-1 to 8b-33 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 Management and Budget, Room 10102, New Executive 
Office Building, Washington, DC 20503 or send an e-mail to Shagufta 
Ahmed at 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.


[[Page 48616]]


    Dated: September 16, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-22879 Filed 9-22-09; 8:45 am]

BILLING CODE 8010-01-P
