Rule 12b-2 [17 CFR 270.12b-2] under the Investment Company Act of 1940: Investment Company Distribution Fees

Forms and Documents

Document	Type	Status	Availability
Supporting Statement - FIN 10 15 10.doc	Supporting Statement A	Uploaded 2010-10-15	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
194134	Rule 12b-2 (17 CFR 270.12b-2) under the Investment Company Act of 1940. Investment Company Distribution Fees.		New

ICR Details

OMB Control No: 3235-0669	ICR Reference No: 201008-3235-008
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: SEC	Agency Tracking No: IM-270-614
Title: Rule 12b-2 [17 CFR 270.12b-2] under the Investment Company Act of 1940: Investment Company Distribution Fees
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Preapproved	Conclusion Date: 10/27/2010
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/05/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2013	36 Months From Approved
Responses	300	0	0
Time Burden (Hours)	1,200	0	0
Cost Burden (Dollars)	330,000	0	0

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Abstract: Rule 12b-2 would permit a mutual fund to bear expenses associated with the distribution of its shares, provided that the fund complies with certain requirements.

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Authorizing Statute(s): US Code: 15 USC 80a-37(a) Name of Law: Investment Company Act of 1940
   US Code: 15 USC 80a-12(b) Name of Law: Investment Company Act of 1940
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AJ94	Proposed rulemaking	75 FR 47064	08/04/2010

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Rule 12b-2 (17 CFR 270.12b-2) under the Investment Company Act of 1940. Investment Company Distribution Fees.

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	300	0	0	300	0	0
Annual Time Burden (Hours)	1,200	0	0	1,200	0	0
Annual Cost Burden (Dollars)	330,000	0	0	330,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Proposed rule 12b-2 would be a new rule with a new collection of information.

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/05/2010

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