Notice2025-04569

Proposed Collection; Comment Request; Extension: Rule 0-4

Primary source

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Published
March 19, 2025

Issuing agencies

Securities and Exchange Commission

Full Text

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[Federal Register Volume 90, Number 52 (Wednesday, March 19, 2025)]
[Notices]
[Page 12838]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04569]


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SECURITIES AND EXCHANGE COMMISSION

[OMB Control No. 3235-0633]


Proposed Collection; Comment Request; Extension: Rule 0-4

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 collection of information to the Office of Management and 
Budget for extension and approval.
    Rule 0-4 (17 CFR 275.0-4) under the Investment Advisers Act of 1940 
(``Act'' or ``Advisers Act'') (15 U.S.C. 80b-1 et seq.) entitled 
``General Requirements of Papers and Applications,'' prescribes general 
instructions for filing an application seeking exemptive relief with 
the Commission.
    The requirements of rule 0-4 are designed to provide Commission 
staff with the necessary information to assess whether granting the 
Orders of exemption are necessary and appropriate in the public 
interest and consistent with the protection of investors and the 
intended purposes of the Act.
    Applicants for Orders under the Advisers Act can include registered 
investment advisers, affiliated persons of registered investment 
advisers, and entities seeking to avoid investment adviser status, 
among others. Commission staff estimates that it receives up to 7 
applications per year submitted under rule 0-4 of the Act seeking 
relief from various provisions of the Advisers Act. Although each 
application typically is submitted on behalf of multiple applicants, 
the applicants in the vast majority of cases are related entities and 
are treated as a single respondent for purposes of this analysis. Most 
of the work of preparing an application is performed by outside counsel 
and, therefore, imposes no hourly burden on respondents. The cost 
outside counsel charges applicants depends on the complexity of the 
issues covered by the application and the time required. Based on 
conversations with applicants and attorneys, the cost for applications 
ranges from approximately $15,259.94 for preparing a well-precedented, 
routine (or otherwise less involved) application to approximately 
$238,761.88 to prepare a complex or novel application. We estimate that 
the Commission receives 1 of the most time-consuming applications 
annually, 3 applications of medium difficulty, and 3 of the least 
difficult applications subject to rule 0-4. This distribution gives a 
total estimated annual cost burden to applicants of filing all 
applications of $440,387.38 [(1 x $238,761.88) + (3 x $51,948.56) + (3 
x $15,259.94)]. The estimate of annual cost burden is made solely for 
the purposes of the Paperwork Reduction Act and is not derived from a 
comprehensive or even representative survey or study of the costs of 
Commission rules and forms.
    The requirements of this collection of information are required to 
obtain or retain benefits. 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 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 
estimate of the burden of the 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 by May 19, 2025.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information under the PRA unless it 
displays a currently valid OMB control number.
    Please direct your written comments to: Austin Gerig, Director/
Chief Data Officer, Securities and Exchange Commission, c/o Tanya 
Ruttenberg, 100 F Street NE, Washington, DC 20549 or send an email to: 
<a href="/cdn-cgi/l/email-protection#acfccddcc9dedbc3dec7fec9c8d9cfd8c5c3c2edcfd8ecdfc9cf82cbc3da"><span class="__cf_email__" data-cfemail="afffcedfcaddd8c0ddc4fdcacbdaccdbc6c0c1eeccdbefdccacc81c8c0d9">[email&#160;protected]</span></a>.

    Dated: March 14, 2025.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2025-04569 Filed 3-18-25; 8:45 am]
BILLING CODE 8011-01-P


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Indexed from Federal Register on March 19, 2025.

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