Proposed Collection; Comment Request, 59454-59455 [2011-24585]

Download as PDF 59454 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Notices decision within 120 days from the date it receives the appeal. See 39 U.S.C. 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 applicable administrative record regarding this appeal no later than September 30, 2011. 2. Any responsive pleading by the Postal Service to this Notice is due no later than September 30, 2011. 3. The procedural schedule listed below is hereby adopted. 4. Pursuant to 39 U.S.C. 505, Malin Moench 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. By the Commission. Shoshana M. Grove, Secretary. PROCEDURAL SCHEDULE September 15, 2011 ....................... September 30, 2011 ....................... September 30, 2011 ....................... October 17 2011 ............................. October 20, 2011 ............................ November 9, 2011 .......................... November 25, 2011 ........................ December 2, 2011 .......................... January 9, 2012 .............................. Filing of Appeal. Deadline for the Postal Service to file the applicable 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 the 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)). [FR Doc. 2011–24568 Filed 9–23–11; 8:45 am] BILLING CODE 7710–FW–P RAILROAD RETIREMENT BOARD Sunshine Act Meeting; Notice of Public Meeting Notice is hereby given that the Railroad Retirement Board will hold a meeting on October 6, 2011, 10 a.m. at the Board’s meeting room on the 8th floor of its headquarters building, 844 North Rush Street, Chicago, Illinois, 60611. The agenda for this meeting follows: PORTION OPEN TO THE PUBLIC: (1) Executive Committee Reports. PORTION CLOSED TO THE PUBLIC: (A) Vacant General Counsel Position. The person to contact for more information is Martha P. Rico, Secretary to the Board, Phone No. 312–751–4920. Dated: September 21, 2011. Martha P. Rico, Secretary to the Board. [FR Doc. 2011–24770 Filed 9–22–11; 11:15 am] BILLING CODE 7905–01–P jlentini on DSK4TPTVN1PROD with NOTICES SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. VerDate Mar<15>2010 17:37 Sep 23, 2011 Jkt 223001 Extension: Rule 17a–5(c); SEC File No. 270–199; OMB Control No. 3235–0199. 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 (‘‘Commission’’) is soliciting comments on the existing collection of information provided for in Rule 17a–5(c) (17 CFR 240.17a–5(c)) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Rule 17a–5(c) generally requires broker-dealers who carry customer accounts to provide statements of the broker-dealer’s financial condition to their customers. Paragraph (5) of Rule 17a–5(c) provides a conditional exemption from this requirement. A broker-dealer that elects to take advantage of the exemption must publish its statements on its Web site in a prescribed manner, and must maintain a toll-free number that customers can call to request a copy of the statements. The purpose of the Rule is to ensure that customers of broker-dealers are provided with information concerning the financial condition of the firm that may be holding the customers’ cash and securities. The Commission, when adopting the Rule in 1972, stated that the goal was to ‘‘directly’’ send a customer essential information so that the customer could ‘‘judge whether his broker or dealer is financially sound.’’ The Commission adopted the Rule in response to the failure of several broker- PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 dealers holding customer funds and securities in the period between 1968 and 1971. The Commission estimates that approximately 244 broker-dealer respondents carrying approximately 101 million public customer accounts incur an average burden of 128,000 hours per year to comply with the Rule. 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 proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be 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 in writing within 60 days of this publication. The Commission may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number. Please direct your written comments to: Thomas Bayer, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik- E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Notices Simon, 6432 General Green Way, Alexandria, Virginia 22312 or send an email to: PRA_Mailbox@sec.gov . Dated: September 20, 2011. Elizabeth M. Murphy, Secretary. [FR Doc. 2011–24585 Filed 9–23–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Chief, at (202) 551–6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained via the Commission’s Web site by searching for the file number, or an applicant using the Company name box, at https:// www.sec.gov/search/search.htm or by calling (202) 551–8090. Applicants’ Representations 1. The Trust is organized as a Massachusetts business trust and is Curian Series Trust and Curian Capital, registered under the Act as an open-end LLC; Notice of Application management investment company. The Trust is currently comprised of three AGENCY: Securities and Exchange separate series, Curian/PIMCO Total Commission (‘‘Commission’’). Return Fund, Curian/PIMCO Income ACTION: Notice of an application under section 6(c) of the Investment Company Fund, and Curian/WMC International Equity Fund (the ‘‘Initial Funds’’), each Act of 1940 (the ‘‘Act’’) for an exemption from section 15(a) of the Act with its own distinct investment objectives, policies and restrictions.1 and rule 18f–2 under the Act. Each Initial Fund currently employs an unaffiliated subadviser (each, a SUMMARY: The requested order would ‘‘Subadviser’’). permit certain registered open-end 2. The Adviser is registered as an management investment companies to investment adviser under the enter into and materially amend Investment Advisers Act of 1940 subadvisory agreements without (‘‘Advisers Act’’). The Adviser serves as shareholder approval. investment adviser to each Initial Fund Applicants: Curian Series Trust under an investment advisory (‘‘Trust’’) and Curian Capital, LLC (the agreement (‘‘Advisory Agreement’’) with ‘‘Adviser’’). DATES: Filing Dates: The application was the Trust. An Adviser will also serve as the investment adviser to any future filed on December 30, 2010, and Funds. Each Initial Fund’s Advisory amended on June 7, 2011 and Agreement was approved by the Trust’s September 16, 2011. Hearing or Notification of Hearing: An board of trustees (‘‘Board’’), including a majority of trustees who are not order granting the application will be ‘‘interested persons,’’ as defined in issued unless the Commission orders a hearing. Interested persons may request section 2(a)(19) of the Act, of the Trust, the Adviser, or the Subadvisers a hearing by writing to the (‘‘Independent Trustees’’) and by that Commission’s Secretary and serving Fund’s shareholders. applicants with a copy of the request, 3. Under the terms of the Advisory personally or by mail. Hearing requests Agreement, and subject to the authority should be received by the Commission of the Board, the Adviser is responsible by 5:30 p.m. on October 14, 2011 and for the overall management of the Initial should be accompanied by proof of service on applicants, in the form of an 1 Applicants also request relief with respect to affidavit or, for lawyers, a certificate of future series of the Trust and any other existing or service. Hearing requests should state future registered open-end management investment the nature of the writer’s interest, the company or series thereof that: (a) is advised by the Adviser or any entity controlling, controlled by, or reasons for the request, and the issues under common control with the Adviser or its contested. Persons who wish to be successors (included in the term ‘‘Adviser’’); (b) notified of a hearing may request uses the manager of managers structure described notification by writing to the in the application (‘‘Manager of Managers Structure’’); and (c) complies with the terms and Commission’s Secretary. conditions of the application (together with the ADDRESSES: Secretary, U.S. Securities Initial Funds, the ‘‘Funds’’). The only existing and Exchange Commission, 100 F registered open-end management investment company that currently intends to rely on the Street, NE., Washington, DC 20549– requested order is named as an applicant. If the 1090. Applicants, Curian Series Trust, name of any Fund contains the name of a 7601 Technology Way, Denver, CO Subadviser (as defined below), the name of the 80237. Adviser will precede the name of the Subadviser. For purposes of the requested order, ‘‘successor’’ is FOR FURTHER INFORMATION CONTACT: Jaea limited to any entity or entities that result from a F. Hahn, Senior Counsel at (202) 551– reorganization into another jurisdiction or a change in the type of business organization. 6870, or Jennifer L. Sawin, Branch jlentini on DSK4TPTVN1PROD with NOTICES [Investment Company Act Release No. 29794; File No. 812–13855] VerDate Mar<15>2010 17:37 Sep 23, 2011 Jkt 223001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 59455 Funds’ business affairs and selecting the Initial Funds’ investments in accordance with each Fund’s investment objectives, policies and restrictions. For the investment advisory services that it provides to the Initial Funds, the Adviser receives the fee specified in the Advisory Agreement from each Fund. Under the Advisory Agreement, the Adviser may retain one or more subadvisers for the purpose of managing the investment of the assets of the Funds. Pursuant to this authority, the Adviser has entered into investment subadvisory agreements (‘‘Subadvisory Agreements’’) with two Subadvisers to provide investment advisory services to the Initial Funds. Each Subadviser is and each future Subadviser will be registered as an investment adviser under the Advisers Act. The Adviser will obtain for the Funds the services of one or more Subadvisers, evaluate and allocate assets to, and oversee the Subadvisers, and make recommendations about their hiring, termination and replacement to the Board, at all times subject to the authority of the Board. The Subadvisers are expected to be compensated directly by each Fund.2 4. Applicants request an order to permit the Adviser, subject to Board approval, to enter into and materially amend Subadvisory Agreements without obtaining shareholder approval. The requested relief will not extend to any subadviser that is an affiliated person, as defined in section 2(a)(3) of the Act, of the Trust, a Fund or the Adviser (other than by reason of serving as a subadviser to one or more of the Funds) (‘‘Affiliated Subadviser’’). Applicants’ Legal Analysis 1. Section 15(a) of the Act provides, in relevant part, that it is unlawful for any person to act as an investment adviser to a registered investment company except pursuant to a written contract that has been approved by the vote of a majority of the company’s outstanding voting securities. Rule 18f– 2 under the Act provides that each series or class of stock in a series company affected by a matter must approve such matter if the Act requires shareholder approval. 2. Section 6(c) of the Act provides that the Commission may exempt any person, security, or transaction or any class or classes of persons, securities, or transactions from any provision of the Act, or from any rule thereunder, if and 2 It is possible that, in the future, a Subadviser to a Fund may be compensated by the Adviser out of the advisory fees the Adviser receives from the Fund. E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Pages 59454-59455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24585]


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SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; 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-5(c); SEC File No. 270-199; OMB Control No. 3235-0199.

    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 (``Commission'') is soliciting comments on the existing 
collection of information provided for in Rule 17a-5(c) (17 CFR 
240.17a-5(c)) under the Securities Exchange Act of 1934 (15 U.S.C. 78a 
et seq.). The Commission plans to submit this existing collection of 
information to the Office of Management and Budget for extension and 
approval.
    Rule 17a-5(c) generally requires broker-dealers who carry customer 
accounts to provide statements of the broker-dealer's financial 
condition to their customers. Paragraph (5) of Rule 17a-5(c) provides a 
conditional exemption from this requirement. A broker-dealer that 
elects to take advantage of the exemption must publish its statements 
on its Web site in a prescribed manner, and must maintain a toll-free 
number that customers can call to request a copy of the statements.
    The purpose of the Rule is to ensure that customers of broker-
dealers are provided with information concerning the financial 
condition of the firm that may be holding the customers' cash and 
securities. The Commission, when adopting the Rule in 1972, stated that 
the goal was to ``directly'' send a customer essential information so 
that the customer could ``judge whether his broker or dealer is 
financially sound.'' The Commission adopted the Rule in response to the 
failure of several broker-dealers holding customer funds and securities 
in the period between 1968 and 1971.
    The Commission estimates that approximately 244 broker-dealer 
respondents carrying approximately 101 million public customer accounts 
incur an average burden of 128,000 hours per year to comply with the 
Rule.
    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 proposed collection of information; (c) 
ways to enhance the quality, utility, and clarity of the information to 
be 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 in 
writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of 
information unless it displays a currently valid control number. No 
person shall be subject to any penalty for failing to comply with a 
collection of information subject to the PRA that does not display a 
valid Office of Management and Budget (OMB) control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi 
Pavlik-

[[Page 59455]]

Simon, 6432 General Green Way, Alexandria, Virginia 22312 or send an e-
mail to: PRA_Mailbox@sec.gov .

    Dated: September 20, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-24585 Filed 9-23-11; 8:45 am]
BILLING CODE 8011-01-P

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