6c-11 under the Investment Company Act of 1940 (17 CFR 270.6c-11), Exchange-Traded Funds

Forms and Documents

Document Name	Status
20251125_3235-0764_2025-20944_90 FR 53412_30-Day Submission Notice.pdf.pdf Supplementary Document	2025-11-25
Supporting Statement Rule 6c-11 (2025).pdf Supporting Statement A	2025-11-20
20250912_3235-0764_2025-17589_90 FR 44278_60-Day Collection Notice.pdf Supplementary Document	2025-09-12

IC Document Collections

IC ID	Document Title	Status
232374	6c-11 under the Investment Company Act of 1940 (17 CFR 270.6c-11), Exchange-Traded Funds	Modified

ICR Details

OMB Control No: 3235-0764	ICR Reference No: 202509-3235-001
Status: Received in OIRA	Previous ICR Reference No: 202208-3235-030
Agency/Subagency: SEC	Agency Tracking No: IM
Title: 6c-11 under the Investment Company Act of 1940 (17 CFR 270.6c-11), Exchange-Traded Funds
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/25/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2026
Responses	3,429	2,352
Time Burden (Hours)	74,581	51,156
Cost Burden (Dollars)	1,964,817	1,248,912

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Abstract: Rule 6c-11 (17 CFR § 270.6c-11) under the Investment Company Act of 1940 permits ETFs that satisfy certain conditions to operate without first obtaining an exemptive order from the Commission. The rule is designed to create a consistent, transparent, and efficient regulatory framework for such ETFs and facilitate greater competition and innovation among ETFs. Rule 6c-11 requires an ETF registered as an open-end management investment company to disclose certain information on its website, to maintain certain records, and to adopt and implement written policies and procedures governing its constructions of baskets, as well as written policies and procedures that set forth detailed parameters for the construction and acceptance of custom baskets that are in the best interests of the ETF and its shareholders. The information collection enables the Commission’s examination staff to assess ETFs’ compliance with the conditions of rule 6c-11.

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Authorizing Statute(s): US Code: 15 USC 80a-6(c) Name of Law: Investment Company Act of 1940
   US Code: 15 USC 80a-3 Name of Law: Investment Company Act of 1940
   US Code: 15 USC 80a-22(c) Name of Law: Investment Company Act of 1940
  

Citations for New Statutory Requirements: US Code: 15 USC 80a-1 Name of Law: Investment Company Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 44278	09/12/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 53412	11/25/2025
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
6c-11 under the Investment Company Act of 1940 (17 CFR 270.6c-11), Exchange-Traded Funds

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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	3,429	2,352	0	0	1,077	0
Annual Time Burden (Hours)	74,581	51,156	0	0	23,425	0
Annual Cost Burden (Dollars)	1,964,817	1,248,912	0	0	715,905	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: The total annual hour burden of 74,580.75 hours represents an increase of 23,424.75 hours over the previous burden hour estimate of 51,156 hours. In addition, the annual external cost burden of $1,964,817 represents an increase of $715,905 over the previous annual external cost burden estimate of $1,248,912. The changes in burdens are due to an increase in the number of ETFs covered by rule 6c-11.

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Annual Cost to Federal Government:

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 11/25/2025

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