60 Day Notice

3235-0212.pdf

Rule 12b-1 [17 CFR 270.12b-1] under the Investment Company Act of 1940: Distribution of Shares by Registered Open-end Management Investment Company

60 Day Notice

OMB: 3235-0212

Document [pdf]
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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NYSE–2022–12 and should
be submitted on or before April 4, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–05248 Filed 3–11–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–188, OMB Control No.
3235–0212]

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Proposed Collection; Comment
Request; Extension: Rule 12b–1
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736.
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 (‘‘OMB’’) for
extension and approval.
Rule 12b–1 under the Investment
Company Act of 1940 (17 CFR 270.12b–
1) permits a registered open-end
investment company (‘‘fund’’) to bear
expenses associated with the
distribution of its shares, provided that
the fund complies with certain
requirements, including, among other
things, that it adopt a written plan
(‘‘rule 12b–1 plan’’) and that it preserves
13 17

CFR 200.30–3(a)(12).

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in writing any agreements relating to the
rule 12b–1 plan. The rule in part
requires that (i) the adoption or material
amendment of a rule 12b–1 plan be
approved by the fund’s directors,
including its independent directors,
and, in certain circumstances, its
shareholders; (ii) the board review
quarterly reports of amounts spent
under the rule 12b–1 plan; and (iii) the
board, including the independent
directors, consider continuation of the
rule 12b–1 plan and any related
agreements at least annually. Rule 12b–
1 also requires funds relying on the rule
to preserve for six years, the first two
years in an easily accessible place,
copies of the rule 12b–1 plan and any
related agreements and reports, as well
as minutes of board meetings that
describe the factors considered and the
basis for adopting or continuing a rule
12b–1 plan.
Rule 12b–1 also prohibits funds from
paying for distribution of fund shares
with brokerage commissions on their
portfolio transactions. The rule requires
funds that use broker-dealers that sell
their shares to also execute their
portfolio securities transactions, to
implement policies and procedures
reasonably designed to prevent: (i) The
persons responsible for selecting brokerdealers to effect transactions in fund
portfolio securities from taking into
account broker-dealers’ promotional or
sales efforts when making those
decisions; and (ii) a fund, its adviser, or
its principal underwriter, from entering
into any agreement under which the
fund directs brokerage transactions or
revenue generated by those transactions
to a broker-dealer to pay for distribution
of the fund’s (or any other fund’s)
shares.
The board and shareholder approval
requirements of rule 12b–1 are designed
to ensure that fund shareholders and
directors receive adequate information
to evaluate and approve a rule 12b–1
plan and, thus, are necessary for
investor protection. The requirement of
quarterly reporting to the board is
designed to ensure that the rule 12b–1
plan continues to benefit the fund and
its shareholders. The recordkeeping
requirements of the rule are necessary to
enable Commission staff to oversee
compliance with the rule. The
requirement that funds or their advisers
implement, and fund boards approve,
policies and procedures in order to
prevent persons charged with allocating
fund brokerage from taking distribution
efforts into account is designed to
ensure that funds’ selection of brokers to
effect portfolio securities transactions is
not influenced by considerations about
the sale of fund shares.

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Commission staff estimates that there
are approximately 6,358 funds (for
purposes of this estimate, registered
open-end investment companies or
series thereof) that have at least one
share class subject to a rule 12b–1 plan
and approximately 454 fund families
with common boards of directors that
have at least one fund with a 12b–1
plan. The Commission further estimates
that the annual hour burden for
complying with the rule is 425 hours for
each fund family with a portfolio that
has a rule 12b–1 plan. We therefore
estimate that the total hourly burden per
year for all funds to comply with
current information collection
requirements under rule 12b–1 is
192,950 hours. Commission staff
estimates that approximately three
funds per year prepare a proxy in
connection with the adoption or
material amendment of a rule 12b–1
plan. The staff further estimates that the
cost of each fund’s proxy is $30,000.
Thus, the total annual cost burden of
rule 12b–1 to the fund industry is
$90,000.
Estimates of average burden hours
and costs are made solely for purposes
of the Paperwork Reduction Act and are
not derived from a comprehensive or
even representative survey or study of
the costs of Commission rules and
forms. The collections of information
required by rule 12b–1 are necessary to
obtain the benefits of the rule. Notices
to the Commission 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.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimates of the burden of the proposed
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 by May 13, 2022.
Please direct your written comments
to David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, C/O John
Pezzullo, 100 F Street NE, Washington,

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Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / Notices

DC 20549; or send an email to: PRA_
[email protected] .
All submissions should refer to File
Number 270–188. This file number
should be included on the subject line
if email is used. The Commission will
post all comments on the Commission’s
internet website (http://www.sec.gov).
All comments received will be posted
without change; we do not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
Dated: March 9, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–05349 Filed 3–11–22; 8:45 am]
BILLING CODE 8011–01–P

SMALL BUSINESS ADMINISTRATION
Data Collection Available for Public
Comments
60-Day notice and request for
comments.

ACTION:

The Small Business
Administration (SBA) intends to request
approval, from the Office of
Management and Budget (OMB) for the
collection of information described
below. The Paperwork Reduction Act
(PRA) requires federal agencies to
publish a notice in the Federal Register
concerning each proposed collection of
information before submission to OMB,
and to allow 60 days for public
comment in response to the notice. This
notice complies with that requirement.
DATES: Submit comments on or before
May 13, 2022.
ADDRESSES: Send all comments to
JoAnn Braxton, Program Analyst, Office
of Entrepreneurship Education,
[email protected] Small Business
Administration.
SUMMARY:

Curtis Rich,
Management Analyst.
[FR Doc. 2022–05329 Filed 3–11–22; 8:45 am]
BILLING CODE 8026–03–P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

FOR FURTHER INFORMATION CONTACT:

[Docket No. FAA–2022–0222]

JoAnn Braxton, Program Analyst, Office
of Entrepreneurship Education, Small
Business Administration.
[email protected] 202–205–6451
or Curtis B. Rich Agency Clearance
Officer 202–205–7030 curtis.rich@
sba.gov.

Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection: Survey of
Airman Satisfaction With Aeromedical
Certification Services

This
information collection will facilitate
registration for the new e-learning and
networking platform for women
entrepreneurs interested in accessing
resources to support growing an existing
business. This information collection
will enable the Agency to track
customer use of the platform and its
resources. By collecting basic

SUPPLEMENTARY INFORMATION:
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demographic information and data on
the registrant’s entrepreneurial goals,
the SBA will better understand who is
using the platform and their business
goals, and can develop a platform that
would enable the user to tailor delivery
of content to meet their needs. This data
collection will also facilitate user
connectivity to relevant resources (peerto-peer learning, networking, mentoring,
etc.). Information collected will be used
for determining the scope of user
participation on the platform, as well as
user satisfaction with platform content.
Solicitation of Public Comments:
SBA is requesting comments on (a)
Whether the collection of information is
necessary for the agency to properly
perform its functions; (b) whether the
burden estimates are accurate; (c)
whether there are ways to minimize the
burden, including through the use of
automated techniques or other forms of
information technology; and (d) whether
there are ways to enhance the quality,
utility, and clarity of the information.
Summary of Information Collection:
PRA NUMBER: 3245–0399.
(1) Title: Women’s Digitalization
(Entrepreneur Learning) Initiative
Registration.
Description of Respondents: To aid,
counsel, assist, and protect the interests
of small business concerns to preserve
free competitive enterprise.
Form Number: N/A.
Total Estimated Annual Responses:
350,00.
Total Estimated Annual Hour Burden:
46,667.

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Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)

SUMMARY:

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approval to renew an information
collection. The collection involves
soliciting feedback from airmen on
service quality of Aeromedical
Certification Services. The information
to be collected will be used to inform
improvements in Aeromedical
Certification Services.
DATES: Written comments should be
submitted by May 13, 2022.
ADDRESSES: Please send written
comments:
By Electronic Docket:
www.regulations.gov (Enter docket
number into search field).
By mail: Dr. Kylie N. Key, Bldg. 13,
Rm. 250A, 6500 S MacArthur Blvd.,
Oklahoma City, OK 73169.
By fax: (405) 954–4852.
FOR FURTHER INFORMATION CONTACT:
Ashley Awwad by email at:
[email protected]; phone: (816)
786–5716.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility, and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–0707.
Title: Survey of Airman Satisfaction
with Aeromedical Certification Services.
Form Numbers: N/A.
Type of Review: Renewal of an
information collection.
Background: The Federal Aviation
Administration (FAA), through the
Office of Aerospace Medicine (OAM), is
responsible for the medical certification
of pilots and certain other personnel
under 14 CFR 67 to ensure they are
medically qualified to operate aircraft
and perform their duties safely. In the
accomplishment of this responsibility,
OAM provides a number of services to
pilots, and has established goals for the
performance of those services, including
a biennial survey designed to meet the
requirement to survey stakeholder
satisfaction under Executive Order No.
12862, ‘‘Setting Customer Service
Standards,’’ and the Government
Performance and Results Act of 1993
(GPRA).
The survey of airman satisfaction with
Aeromedical Certification Services
assesses airman opinion of key
dimensions of service quality. These

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