Comment on FR Doc # 2010-04196

As a hands-on investor in a 401k plan as well as other personal investment accounts, I disagree with your reasoning that historical performance cannot be used as asset allocation criteria in the computer models. Simply looking only at fees and expenses creates too narrow a criteria and is likely to result in poor investment allocation. Investment advisors, such as Morningstar, wisely factor in past performance when ranking investments within a single asset class. If these proposed rules become final, the unintended consequence will be asset flows to cheap investment options regardless of how they have performed against their benchmarks or peers in the past. That's no way to select an investment. Past performance, while no guarantee of future performance, is still the single best predictor of future performance. Ignoring past performance is akin to hiring a contractor based on their bid price only, without checking references or qualifications. To find the best contractor, you must weigh cost against performance. To do otherwise would be foolish. To counsel another to ignore performance would be irresponsible.