[Federal Register: June 6, 2003 (Volume 68, Number 109)]
[Notices]
[Page 34015-34016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn03-113]
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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 Filings and Information Services, Washington, DC
20549.
Extension:
Rule 12b-1; SEC File No. 270-188; OMB Control No. 3235-0212.
Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501), the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget
(``OMB''), a request for extension of the previously approved
collection of information discussed below.
Rule 12b-1 permits a registered open-end investment company
(``mutual fund'') to distribute its own shares and pay the expenses of
distribution out of the mutual fund's assets provided, among other
things, that the mutual fund adopts a written plan (``rule 12b-1
plan'') and has in writing any agreements relating to the
implementation of 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 mutual fund's directors and shareholders; (ii) the board review
[[Page 34016]]
quarterly reports of amounts spent under the rule 12b-1 plan; and (iii)
the board consider continuation of the rule 12b-1 plan 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, 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.
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. 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.
Based on information filed with the Commission by funds, Commission
staff estimates that there are 6,217 mutual fund portfolios with rule
12b-1 plans. As discussed above, rule 12b-1 requires the board of each
fund with a rule 12b-1 plan to (i) review quarterly reports of amounts
spent under the plan and (ii) annually consider the plan's continuation
(which generally is combined with the fourth quarterly review). This
results in a total number of annual responses per fund of four and an
estimated total number of industry responses of 24,868 (6,217 fund
portfoliosx4 annual responses per fund=24,868 responses).
Based on conversations with fund industry representatives,
Commission staff estimates that for each of the 6,217 mutual fund
portfolios that currently have a rule 12b-1 plan, the average annual
burden of complying with the rule is 100 hours to maintain the plan.
This estimate takes into account the time needed to prepare quarterly
reports to the board of directors, the board's consideration of those
reports, and the board's annual consideration of the plan's
continuation. Commission staff therefore estimates that the total
burden of the rule's paperwork requirements for all funds is 621,700
hours (6,217 fund portfoliosx100 hours per fund=621,700 hours). The
estimate of burden hours is made solely for the purposes of the
Paperwork Reduction Act. The estimate is not derived from a
comprehensive or even a representative survey or study of Commission
rules.
If a currently operating fund seeks to (i) adopt a new rule 12b-1
plan or (ii) materially increase the amount it spends for distribution
under its rule 12b-1 plan, rule 12b-1 requires that the fund obtain
shareholder approval. As a consequence, the fund will incur the cost of
a proxy. Commission staff estimates that three funds per year prepare a
proxy in connection with the adoption or material amendment of a rule
12b-1 plan. Commission staff further estimates that the cost of each
fund's proxy is $15,000. Thus the total annualized cost burden of rule
12b-1 to the fund industry is $45,000 (3 funds requiring a proxy x
$15,000 per proxy).
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. The Commission is seeking OMB approval because 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 written comments regarding the information above to:
(i) Desk Officer for the Securities and Exchange Commission, Office of
Information and Regulatory Affairs, Office of Management and Budget,
Room 10102, New Executive Office Building, Washington, DC 20503; and
(ii) Kenneth A. Fogash, Acting Associate Executive Director/CIO, Office
of Information Technology, Securities and Exchange Commission, 450
Fifth Street, NW., Washington, DC 20549. Comments must be submitted to
OMB within 30 days of this notice.
Dated: May 29, 2003.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 03-14293 Filed 6-5-03; 8:45 am]
BILLING CODE 8010-01-P