Submission for OMB Review; Comment Request, 11825-11826 [2011-4723]
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Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Notices
deadline for the Postal Service to file the
administrative record with the
Commission is March 10, 2011. 39 CFR
3001.113. In addition, the due date for
any responsive pleading by the Postal
Service to this Notice is March 10, 2011.
Availability; Web site posting. The
Commission has posted the appeal and
supporting material on its Web site at
https://www.prc.gov. Additional filings
in this case and participants’
submissions also will be posted on the
Commission’s Web site, if provided in
electronic format or amenable to
conversion, and not subject to a valid
protective order. Information on how to
use the Commission’s Web site is
available online or by contacting the
Commission’s Webmaster via telephone
at 202–789–6873 or via electronic mail
at prc-webmaster@prc.gov.
The appeal and all related documents
also are available for public inspection
in the Commission’s docket section.
Docket section hours are 8 a.m. to 4:30
p.m., Monday through Friday, except on
Federal government holidays. Docket
section personnel may be contacted via
electronic mail at prc-dockets@prc.gov
or via telephone at 202–789–6846.
Filing of documents. All filings of
documents in this case shall be made
using the Internet (Filing Online)
pursuant to Commission rules 9(a) and
10(a) at the Commission’s Web site,
https://www.prc.gov, unless a waiver is
obtained. 39 CFR 3001.9(a) and
3001.10(a). Instructions for obtaining an
account to file documents online may be
found on the Commission’s Web site or
by contacting the Commission’s docket
section at prc-dockets@prc.gov or via
telephone at 202–789–6846.
The Commission reserves the right to
redact personal information which may
infringe on an individual’s privacy
rights from documents filed in this
proceeding.
Intervention. Those, other than the
Petitioner and respondent, wishing to be
heard in this matter are directed to file
a notice of intervention. See 39 CFR
3001.111(b). Notices of intervention in
this case are to be filed on or before
March 22, 2011. A notice of intervention
shall be filed using the Internet (Filing
Online) at the Commission’s Web site
unless a waiver is obtained for hardcopy
filing. See 39 CFR 3001.9(a) and
3001.10(a).
Further procedures. By statute, the
Commission is required to issue its
decision within 120 days from the date
it receives the appeal. See 39 U.S.C.
11825
404(d)(5). A procedural schedule has
been developed to accommodate this
statutory deadline. In the interest of
expedition, in light of the 120-day
decision schedule, the Commission may
request the Postal Service or other
participants to submit information or
memoranda of law on any appropriate
issue. As required by the Commission
rules, if any motions are filed, responses
are due 7 days after any such motion is
filed. See 39 CFR 3001.21.
It is ordered:
1. The Postal Service shall file the
administrative record regarding this
appeal no later than March 10, 2011.
2. Any responsive pleading by the
Postal Service to this Notice is due no
later than March 10, 2011.
3. The procedural schedule listed
below is hereby adopted.
4. Pursuant to 39 U.S.C. 505,
Cassandra L. Hicks is designated officer
of the Commission (Public
Representative) to represent the
interests of the general public.
5. The Secretary shall arrange for
publication of this Notice and Order in
the Federal Register.
PROCEDURAL SCHEDULE
February 23, 2011 ...............................................
March 10, 2011 ...................................................
March 10, 2011 ...................................................
March 22, 2011 ...................................................
March 30, 2011 ...................................................
April 19, 2011 ......................................................
May 4, 2011 ........................................................
May 11, 2011 ......................................................
June 20, 2011 .....................................................
By the Commission.
Shoshana M. Grove,
Secretary.
3235–0560.
[FR Doc. 2011–4752 Filed 3–2–11; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
srobinson on DSKHWCL6B1PROD with NOTICES
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Rule 27d–1 and Form N–27D–1; SEC
File No. 270–499; OMB Control No.
VerDate Mar<15>2010
16:47 Mar 02, 2011
Filing of Appeal.
Deadline for Postal Service to file administrative record in this appeal.
Deadline for the Postal Service to file any responsive pleading
Deadline for notices to intervene (see 39 CFR 3001.111(b)).
Deadline for Petitioner’s Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a)
and (b)).
Deadline for answering brief in support of Postal Service (see 39 CFR 3001.115(c)).
Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)).
Deadline for motions by any party requesting oral argument; the Commission will schedule
oral argument only when it is a necessary addition to the written filings (see 39 CFR
3001.116).
Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).
Jkt 223001
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 350l et seq.), the Securities
and Exchange Commission (the
‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for extension of the
previously approved collections of
information under the Investment
Company Act of 1940 (‘‘Act’’) 1
summarized below.
Rule 27d–1 (17 CFR 270.27d–1) is
entitled ‘‘Reserve Requirements for
Principal Underwriters and Depositors
to Carry Out the Obligations to Refund
Charges Required by Section 27(d) and
Section 27(f) of the Act.’’ Form N–27D–
1 15
PO 00000
U.S.C 80a–1 et seq.
Frm 00075
Fmt 4703
Sfmt 4703
1 (17 CFR 274.127d–1) is entitled
‘‘Accounting of Segregated Trust
Account.’’ Rule 27d–1 requires the
depositor or principal underwriter for
an issuer of a periodic payment plan to
deposit funds into a segregated trust
account to provide assurance of its
ability to fulfill its refund obligations
under sections 27(d) and 27(f) of the
Act. The rule sets forth minimum
reserve amounts and guidelines for the
management and disbursement of the
assets in the account. A single account
may be used for the periodic payment
plans of multiple investment
companies. Rule 27d–1(j) directs
depositors and principal underwriters to
make an accounting of their segregated
trust accounts on Form N–27D–1, which
is intended to facilitate the
E:\FR\FM\03MRN1.SGM
03MRN1
11826
Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
Commission’s oversight of compliance
with the reserve requirements set forth
in rule 27d–1. The form requires
depositors and principal underwriters to
report deposits to a segregated trust
account, including those made pursuant
to paragraphs (c) and (e) of the rule.
Withdrawals pursuant to paragraph (f)
of the rule also must be reported. In
addition, the form solicits information
regarding the minimum amount
required to be maintained under
paragraphs (d) and (e) of rule 27d–1.
Depositors and principal underwriters
must file the form once a year on or
before January 31 of the year following
the year for which information is
presented.2
Rule 27d–1, which was explicitly
authorized by statute, provides
assurance that depositors and principal
underwriters of issuers have access to
sufficient cash to meet the demands of
certificate holders who reconsider their
decisions to invest in a periodic
payment plan. The information
collection requirements in rule 27d–1
enable the Commission to monitor
compliance with reserve rules.
Effective October 27, 2006, the
Military Personnel Financial Services
Protection Act banned the issuance or
sale of new periodic payment plans.
Accordingly, the staff estimates that
there is no information collection
burden associated with rule 27d–1 or
Form N–27D–1. For administrative
purposes, however, we are requesting
approval for an information collection
burden of one hour per year. This
estimate of burden hours is not derived
from a comprehensive or necessarily
even representative study of the cost of
the Commission’s rules and forms.
Complying with the collection of
information requirements of rule 27d–1
is mandatory for depositors or principal
underwriters of issuers of periodic
payment plans unless they comply with
the requirements in rule 27d–2 (17 CFR
270.27d–2). The information provided
pursuant to rule 27d–1 is public and,
therefore, will not be kept confidential.
An agency may not conduct or sponsor,
and a person is not required to respond
2 Instead of relying on rule 27d–1 and filing Form
N–27D–1, depositors or principal underwriters for
the issuers of periodic payment plans may rely on
the exemption afforded by rule 27d–2. In order to
comply with rule 27d–2: (i) The depositor or
principal underwriter must secure from an
insurance company a written guarantee of the
refund requirements; (ii) the insurance company
must satisfy certain financial criteria; and (iii) the
depositor or principal underwriter must file as an
exhibit to the issuer’s registration statement, a copy
of the written undertaking, an annual statement that
the insurance company has met the requisite
financial criteria on a monthly basis, and an annual
audited balance sheet.
VerDate Mar<15>2010
16:47 Mar 02, 2011
Jkt 223001
to, a collection of information unless it
displays a valid OMB control number.
The public may view the background
documentation for this information
collection at the following Web site,
https://www.reginfo.gov. Comments
should be directed 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, or by sending an
e-mail to:
Shagufta_Ahmed@omb.eop.gov; and
(ii) Thomas Bayer, Chief Information
Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon,
6432 General Green Way, Alexandria,
VA 22312 or send an email to:
PRA_Mailbox@sec.gov. Comments must
be submitted to OMB within 30 days of
this notice.
Dated: February 25, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–4723 Filed 3–2–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Rule 17a–6; SEC File No. 270–506;
OMB Control No. 3235–0564.
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.
Section 17(a) of the Investment
Company Act of 1940 (the ‘‘Act’’)
generally prohibits affiliated persons of
a registered investment company
(‘‘fund’’) from borrowing money or other
property from, or selling or buying
securities or other property to or from,
the fund or any company that the fund
controls.1 Rule 17a–6 (17 CFR 270.17a–
6) permits a fund and a ‘‘portfolio
affiliate’’ (a company that is an affiliated
person of the fund because the fund
controls the company, or holds five
percent or more of the company’s
1 15
PO 00000
U.S.C. 80a–17(a).
Frm 00076
Fmt 4703
outstanding voting securities) to engage
in principal transactions that would
otherwise be prohibited under section
17(a) of the Act under certain
conditions. A fund may not rely on the
exemption in the rule to enter into a
principal transaction with a portfolio
affiliate if certain prohibited
participants (e.g., directors, officers,
employees, or investment advisers of
the fund) have a financial interest in a
party to the transaction. Rule 17a–6
specifies certain interests that are not
‘‘financial interests,’’ including any
interest that the fund’s board of
directors (including a majority of the
directors who are not interested persons
of the fund) finds to be not material. A
board making this finding is required to
record the basis for the finding in its
meeting minutes. This recordkeeping
requirement is a collection of
information under the Paperwork
Reduction Act of 1995 (‘‘PRA’’).2
The rule is designed to permit
transactions between funds and their
portfolio affiliates in circumstances in
which it is unlikely that the affiliate
would be in a position to take advantage
of the fund. In determining whether a
financial interest is ‘‘material,’’ the board
of the fund should consider whether the
nature and extent of the interest in the
transaction is sufficiently small that a
reasonable person would not believe
that the interest affected the
determination of whether to enter into
the transaction or arrangement or the
terms of the transaction or arrangement.
The information collection requirements
in rule 17a–6 are intended to ensure that
Commission staff can review, in the
course of its compliance and
examination functions, the basis for a
board of director’s finding that the
financial interest of an otherwise
prohibited participant in a party to a
transaction with a portfolio affiliate is
not material.
Based on staff discussions with fund
representatives, we estimate that funds
currently do not rely on the exemption
from the term ‘‘financial interest’’ with
respect to any interest that the fund’s
board of directors (including a majority
of the directors who are not interested
persons of the fund) finds to be not
material. Accordingly, we estimate that
annually there will be no principal
transactions under rule 17a–6 that will
result in a collection of information.
The Commission requests
authorization to maintain an inventory
of one burden hour to ease future
renewals of rule 17a–6’s collection of
information analysis should funds rely
2 44
Sfmt 4703
E:\FR\FM\03MRN1.SGM
U.S.C. 3501.
03MRN1
Agencies
[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Notices]
[Pages 11825-11826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4723]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Submission for OMB Review; Comment Request
Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.
Extension:
Rule 27d-1 and Form N-27D-1; SEC File No. 270-499; OMB Control No.
3235-0560.
Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 350l et seq.), the Securities and Exchange
Commission (the ``Commission'') has submitted to the Office of
Management and Budget (``OMB'') a request for extension of the
previously approved collections of information under the Investment
Company Act of 1940 (``Act'') \1\ summarized below.
---------------------------------------------------------------------------
\1\ 15 U.S.C 80a-1 et seq.
---------------------------------------------------------------------------
Rule 27d-1 (17 CFR 270.27d-1) is entitled ``Reserve Requirements
for Principal Underwriters and Depositors to Carry Out the Obligations
to Refund Charges Required by Section 27(d) and Section 27(f) of the
Act.'' Form N-27D-1 (17 CFR 274.127d-1) is entitled ``Accounting of
Segregated Trust Account.'' Rule 27d-1 requires the depositor or
principal underwriter for an issuer of a periodic payment plan to
deposit funds into a segregated trust account to provide assurance of
its ability to fulfill its refund obligations under sections 27(d) and
27(f) of the Act. The rule sets forth minimum reserve amounts and
guidelines for the management and disbursement of the assets in the
account. A single account may be used for the periodic payment plans of
multiple investment companies. Rule 27d-1(j) directs depositors and
principal underwriters to make an accounting of their segregated trust
accounts on Form N-27D-1, which is intended to facilitate the
[[Page 11826]]
Commission's oversight of compliance with the reserve requirements set
forth in rule 27d-1. The form requires depositors and principal
underwriters to report deposits to a segregated trust account,
including those made pursuant to paragraphs (c) and (e) of the rule.
Withdrawals pursuant to paragraph (f) of the rule also must be
reported. In addition, the form solicits information regarding the
minimum amount required to be maintained under paragraphs (d) and (e)
of rule 27d-1. Depositors and principal underwriters must file the form
once a year on or before January 31 of the year following the year for
which information is presented.\2\
---------------------------------------------------------------------------
\2\ Instead of relying on rule 27d-1 and filing Form N-27D-1,
depositors or principal underwriters for the issuers of periodic
payment plans may rely on the exemption afforded by rule 27d-2. In
order to comply with rule 27d-2: (i) The depositor or principal
underwriter must secure from an insurance company a written
guarantee of the refund requirements; (ii) the insurance company
must satisfy certain financial criteria; and (iii) the depositor or
principal underwriter must file as an exhibit to the issuer's
registration statement, a copy of the written undertaking, an annual
statement that the insurance company has met the requisite financial
criteria on a monthly basis, and an annual audited balance sheet.
---------------------------------------------------------------------------
Rule 27d-1, which was explicitly authorized by statute, provides
assurance that depositors and principal underwriters of issuers have
access to sufficient cash to meet the demands of certificate holders
who reconsider their decisions to invest in a periodic payment plan.
The information collection requirements in rule 27d-1 enable the
Commission to monitor compliance with reserve rules.
Effective October 27, 2006, the Military Personnel Financial
Services Protection Act banned the issuance or sale of new periodic
payment plans. Accordingly, the staff estimates that there is no
information collection burden associated with rule 27d-1 or Form N-27D-
1. For administrative purposes, however, we are requesting approval for
an information collection burden of one hour per year. This estimate of
burden hours is not derived from a comprehensive or necessarily even
representative study of the cost of the Commission's rules and forms.
Complying with the collection of information requirements of rule
27d-1 is mandatory for depositors or principal underwriters of issuers
of periodic payment plans unless they comply with the requirements in
rule 27d-2 (17 CFR 270.27d-2). The information provided pursuant to
rule 27d-1 is public and, therefore, 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 valid OMB
control number.
The public may view the background documentation for this
information collection at the following Web site, https://www.reginfo.gov. Comments should be directed 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, or by sending an e-
mail to: Shagufta_Ahmed@omb.eop.gov; and (ii) Thomas Bayer, Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an
email to: PRA_Mailbox@sec.gov. Comments must be submitted to OMB
within 30 days of this notice.
Dated: February 25, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-4723 Filed 3-2-11; 8:45 am]
BILLING CODE 8011-01-P