In the Matter of Gravity Capital Partners, LLC, 6400 S. Fiddlers Green Circle, Suite 1900, Greenwood Village, CO 80111; Notice of Intention To Cancel Registration Pursuant to Section 203(h) of the Investment Advisers Act of 1940, 7620-7621 [2012-3224]

Download as PDF erowe on DSK2VPTVN1PROD with NOTICES 7620 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices program under title IV of ERISA if (1) any person fails to make a contribution payment when due, and (2) the unpaid balance of that payment (including interest), when added to the aggregate unpaid balance of all preceding payments for which payment was not made when due (including interest), exceeds $1 million. (For this purpose, a plan is underfunded if its funding target attainment percentage is less than 100 percent.) The lien is upon all property and rights to property belonging to the person or persons that are liable for required contributions (i.e., a contributing sponsor and each member of the controlled group of which that contributing sponsor is a member). Only PBGC (or, at its direction, the plan’s contributing sponsor or a member of the same controlled group) may perfect and enforce this lien. ERISA and the Code require persons committing payment failures to notify PBGC within 10 days of the due date whenever there is a failure to make a required payment and the total of the unpaid balances (including interest) exceeds $1 million. The provisions of section 4043 of ERISA and of sections 303(k) of ERISA and 430(k) of the Code have been implemented in PBGC’s regulation on Reportable Events and Certain Other Notification Requirements (29 CFR part 4043). Subparts B and C of the regulation deal with reportable events, and subpart D deals with failures to make required contributions. PBGC has issued Forms 10 and 10– Advance and related instructions under subparts B and C (approved under OMB control number 1212–0013) and Form 200 and related instructions under subpart D (approved under OMB control number 1212–0041). OMB approval of both of these collections of information expires March 31, 2012. PBGC is requesting that OMB extend its approval for three years, with minor changes. 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 OMB control number. PBGC estimates that it will receive 1,030 reportable event notices per year under subparts B and C of the reportable events regulation using Forms 10 and 10–Advance and that the average annual burden of this collection of information is 5,400 hours and $822,000. PBGC estimates that it will receive 110 notices of failure to make required contributions per year under subpart D of the reportable events regulation using Form 200 and that the average annual burden of this collection of information is 670 hours and $102,000. VerDate Mar<15>2010 14:46 Feb 10, 2012 Jkt 226001 PBGC is soliciting public comments to— • Evaluate whether the proposed collections of information are necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collections of information, including the validity of the methodologies and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collections of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Issued in Washington, DC, this 7th day of February, 2012. John H. Hanley, Director, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation. [FR Doc. 2012–3306 Filed 2–10–12; 8:45 am] BILLING CODE 7709–01–P that are required to file documents electronically. Approximately 50 registrants file Form SE and it takes an estimated 0.10 hours per response for a total annual burden of 5 hours. Written comments are invited on: (a) Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden imposed by 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 in writing within 60 days of this publication. Please direct your written comments to Thomas Bayer, Director/Chief Information Officer, c/o Remi PavlikSimon, 6432 General Green Way, Alexandria, Virginia 22312; or send an email to: PRA_Mailbox@sec.gov. Dated: February 7, 2012. Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2012–3220 Filed 2–10–12; 8:45 am] 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: Form SE., OMB Control No. 3235–0327, SEC File No. 270–289. 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 collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for approval. Form SE (17 CFR 239.64) is used by registrants to file paper copies of exhibits, reports or other documents that would be difficult or impossible to submit electronically. The information contained in Form SE is used by the Commission to identify paper copies of exhibits. Form SE is filed by individuals, companies or other entities PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 3369; February 7, 2012; File No.: 801–71579] In the Matter of Gravity Capital Partners, LLC, 6400 S. Fiddlers Green Circle, Suite 1900, Greenwood Village, CO 80111; Notice of Intention To Cancel Registration Pursuant to Section 203(h) of the Investment Advisers Act of 1940 Notice is given that the Securities and Exchange Commission (the ‘‘Commission’’) intends to issue an order, pursuant to Section 203(h) of the Investment Advisers Act of 1940 (the ‘‘Act’’), cancelling the registration of Gravity Capital Partners, LLC, hereinafter referred to as the registrant. Section 203(h) provides, in pertinent part, that if the Commission finds that any person registered under Section 203, or who has pending an application for registration filed under that section, is no longer in existence, is not engaged in business as an investment adviser, or is prohibited from registering as an investment adviser under section 203A, E:\FR\FM\13FEN1.SGM 13FEN1 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices erowe on DSK2VPTVN1PROD with NOTICES the Commission shall by order, cancel the registration of such person. The registrant indicated on its most recent Form ADV filing that it is relying on section 203A(a)(1)(A) of the Act to register with the Commission, which prior to September 19, 2011 prohibited an investment adviser from registering with the Commission unless it maintained assets under management of at least $25 million. Effective September 19, 2011, Congress increased the assets under management threshold under section 203A of the Advisers Act to prohibit an investment adviser from registering with the Commission if it is required to be registered in the state in which it maintains its principal office and place of business and has assets under management between $25 million and $100 million. Accordingly, an adviser currently registered with the Commission generally is required to withdraw from registration when its assets under management fall below $90 million, unless the adviser is not required to register in the state where it maintains its principal office and place of business.1 The registrant is prohibited from registering as an investment adviser under section 203A of the Act because the Commission believes, based on the facts it has, that the registrant did not at the time of the Form ADV filing, and does not currently, maintain the required assets under management to remain registered with the Commission. Accordingly, the Commission believes that reasonable grounds exist for a finding that this registrant is no longer eligible to be registered with the Commission as an investment adviser and that the registration should be cancelled pursuant to section 203(h) of the Act. Any interested person may, by March 5, 2012 at 5:30 p.m., submit to the Commission in writing a request for a hearing on the cancellation, accompanied by a statement as to the nature of his interest, the reason for such request, and the issues, if any, of fact or law proposed to be controverted, and he may request that he be notified if the Commission should order a hearing thereon. Any such communication should be addressed: 1 Section 203A of the Act generally prohibits an investment adviser from registering with the Commission unless it meets certain requirements. See Advisers Act section 203A(a)(2)(B)(ii) (amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203, 124 Stat. 1376 (2010)); Advisers Act rule 203A–1(a); Rules Implementing Amendments to the Investment Advisers Act of 1940, Investment Advisers Act Release No. 3221 (June 22, 2011), available at https://www.sec.gov/rules/final/2011/ia-3221.pdf. VerDate Mar<15>2010 14:46 Feb 10, 2012 Jkt 226001 Secretary, Securities and Exchange Commission, Washington, DC 20549. At any time after March 5, 2012, the Commission may issue an order cancelling the registration, upon the basis of the information stated above, unless an order for a hearing on the cancellation shall be issued upon request or upon the Commission’s own motion. Persons who requested a hearing, or to be advised as to whether a hearing is ordered, will receive any notices and orders issued in this matter, including the date of the hearing (if ordered) and any postponements thereof. Any adviser whose registration is cancelled under delegated authority may appeal that decision directly to the Commission in accordance with rules 430 and 431 of the Commission’s rules of practice (17 CFR 201.430 and 431). For further information contact: Alpa Patel, Attorney-Adviser at 202–551– 6787 (Office of Investment Adviser Regulation). For the Commission, by the Division of Investment Management, pursuant to delegated authority.2 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2012–3224 Filed 2–10–12; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–66340; File No. SR–OCC– 2012–02] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Permit OCC To Clear and Settle Spot Gold Futures, Which Are Proposed To Be Traded by NASDAQ OMX Futures Exchange, Inc. February 7, 2012. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 notice is hereby given that on January 24, 2012, The Options Clearing Corporation (‘‘OCC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change described in Items I and II below, which Items have been prepared primarily by OCC. OCC filed the proposal pursuant to Section 19(b)(3)(A)(iii) of the Act 2 and Rule 19b–4(f)(4)(ii) 3 thereunder so that the proposal was effective upon filing with the Commission. The Commission is 2 17 CFR 200.30–5(e)(2). U.S.C. 78s(b)(1). 2 15 U.S.C. 78s(b)(3)(A)(iii). 3 17 CFR 240.19b–4(f)(4)(ii). 7621 publishing this notice to solicit comments on the rule change from interested parties. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change will permit OCC to clear and settle Spot Gold Futures, which are proposed to be traded by NASDAQ OMX Futures Exchange, Inc. (‘‘NFX’’). II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, OCC included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. OCC has prepared summaries, set forth in sections (A), (B), and (C) below, of the most significant aspects of these statements.4 (A) Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The purpose of this rule change is to permit OCC to clear and settle Spot Gold Futures, which are proposed to be traded by NFX. A Spot Gold Future is a U.S. dollar-settled futures contract based on the value of gold with an additional daily cost of carry/interest payment feature (‘‘Cost of Carry Payment’’) reflecting the difference between the overnight lease rate for gold and the overnight interest rate for the U.S. dollar. The Cost of Carry Payment will be in addition to the daily variation payment and is designed to make the economic effect of buying or selling a Spot Gold Future equivalent to the purchase or sale of gold in the spot market. Spot Gold Futures would simulate a spot market transaction that is continually ‘‘rolled forward’’ to the maturity date of the future with the Cost of Carry Payment being similar to the payment exchanged between the buyer and seller in a spot transaction each day the transaction is rolled forward. The per-contract amount of the Cost of Carry Payment will be expressed in terms of ‘‘swap points,’’ which will be calculated and supplied to NFX by a third-party service provider. A positive swap point results in a credit for the holder of the short position with respect to a Spot Gold Futures contract, and a 1 15 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 4 The Commission has modified the text of the summaries prepared by OCC. E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Notices]
[Pages 7620-7621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3224]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 3369; February 7, 2012; File No.: 801-71579]


In the Matter of Gravity Capital Partners, LLC, 6400 S. Fiddlers 
Green Circle, Suite 1900, Greenwood Village, CO 80111; Notice of 
Intention To Cancel Registration Pursuant to Section 203(h) of the 
Investment Advisers Act of 1940

    Notice is given that the Securities and Exchange Commission (the 
``Commission'') intends to issue an order, pursuant to Section 203(h) 
of the Investment Advisers Act of 1940 (the ``Act''), cancelling the 
registration of Gravity Capital Partners, LLC, hereinafter referred to 
as the registrant.
    Section 203(h) provides, in pertinent part, that if the Commission 
finds that any person registered under Section 203, or who has pending 
an application for registration filed under that section, is no longer 
in existence, is not engaged in business as an investment adviser, or 
is prohibited from registering as an investment adviser under section 
203A,

[[Page 7621]]

the Commission shall by order, cancel the registration of such person.
    The registrant indicated on its most recent Form ADV filing that it 
is relying on section 203A(a)(1)(A) of the Act to register with the 
Commission, which prior to September 19, 2011 prohibited an investment 
adviser from registering with the Commission unless it maintained 
assets under management of at least $25 million. Effective September 
19, 2011, Congress increased the assets under management threshold 
under section 203A of the Advisers Act to prohibit an investment 
adviser from registering with the Commission if it is required to be 
registered in the state in which it maintains its principal office and 
place of business and has assets under management between $25 million 
and $100 million. Accordingly, an adviser currently registered with the 
Commission generally is required to withdraw from registration when its 
assets under management fall below $90 million, unless the adviser is 
not required to register in the state where it maintains its principal 
office and place of business.\1\
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    \1\ Section 203A of the Act generally prohibits an investment 
adviser from registering with the Commission unless it meets certain 
requirements. See Advisers Act section 203A(a)(2)(B)(ii) (amended by 
the Dodd-Frank Wall Street Reform and Consumer Protection Act, 
Public Law 111-203, 124 Stat. 1376 (2010)); Advisers Act rule 203A-
1(a); Rules Implementing Amendments to the Investment Advisers Act 
of 1940, Investment Advisers Act Release No. 3221 (June 22, 2011), 
available at https://www.sec.gov/rules/final/2011/ia-3221.pdf.
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    The registrant is prohibited from registering as an investment 
adviser under section 203A of the Act because the Commission believes, 
based on the facts it has, that the registrant did not at the time of 
the Form ADV filing, and does not currently, maintain the required 
assets under management to remain registered with the Commission. 
Accordingly, the Commission believes that reasonable grounds exist for 
a finding that this registrant is no longer eligible to be registered 
with the Commission as an investment adviser and that the registration 
should be cancelled pursuant to section 203(h) of the Act.
    Any interested person may, by March 5, 2012 at 5:30 p.m., submit to 
the Commission in writing a request for a hearing on the cancellation, 
accompanied by a statement as to the nature of his interest, the reason 
for such request, and the issues, if any, of fact or law proposed to be 
controverted, and he may request that he be notified if the Commission 
should order a hearing thereon. Any such communication should be 
addressed: Secretary, Securities and Exchange Commission, Washington, 
DC 20549.
    At any time after March 5, 2012, the Commission may issue an order 
cancelling the registration, upon the basis of the information stated 
above, unless an order for a hearing on the cancellation shall be 
issued upon request or upon the Commission's own motion. Persons who 
requested a hearing, or to be advised as to whether a hearing is 
ordered, will receive any notices and orders issued in this matter, 
including the date of the hearing (if ordered) and any postponements 
thereof. Any adviser whose registration is cancelled under delegated 
authority may appeal that decision directly to the Commission in 
accordance with rules 430 and 431 of the Commission's rules of practice 
(17 CFR 201.430 and 431).
    For further information contact: Alpa Patel, Attorney-Adviser at 
202-551-6787 (Office of Investment Adviser Regulation).

    For the Commission, by the Division of Investment Management, 
pursuant to delegated authority.\2\
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    \2\ 17 CFR 200.30-5(e)(2).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-3224 Filed 2-10-12; 8:45 am]
BILLING CODE 8011-01-P

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