Proposed Collection; Comment Request, 65233-65234 [2012-26254]
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Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Notices
contribution toward the requisite 5.5
percent of the Postal Service’s total
institutional costs. Id. Attachment D at
1. Mr. Nicoski contends that there will
be no issue of market dominant
products subsidizing competitive
products as a result of this contract. Id.
Related contract. The Postal Service
included a redacted version of the
related contract with the Request. Id.
Attachment B. The contract is
scheduled to become effective on the
day after the date that the Commission
issues all regulatory approvals. Id. at 4.
The contract will expire 3 years from
the effective date unless, among other
things, either party terminates the
agreement upon 30 days’ written notice
to the other party. Id. The Postal Service
represents that the contract is consistent
with 39 U.S.C. 3633(a). Id. Attachment
D.
The Postal Service filed much of the
supporting materials, including the
related contract, under seal. Id.
Attachment F. It maintains that the
redacted portions of the contract,
customer-identifying information, and
related financial information, should
remain confidential. Id. at 3. This
information includes the price structure,
underlying costs and assumptions,
pricing formulas, information relevant
to the customer’s mailing profile, and
cost coverage projections. Id. The Postal
Service asks the Commission to protect
customer-identifying information from
public disclosure indefinitely. Id. at 7.
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II. Notice of Filings
The Commission establishes Docket
Nos. MC2013–7 and CP2013–7 to
consider the Request pertaining to the
proposed Priority Mail Contract 47
product and the related contract,
respectively.
Interested persons may submit
comments on whether the Postal
Service’s filings in the captioned
dockets are consistent with the policies
of 39 U.S.C. 3632, 3633, or 3642, 39 CFR
3015.5, and 39 CFR part 3020, subpart
B. Comments are due no later than
October 30, 2012. The public portions of
these filings can be accessed via the
Commission’s Web site (https://
www.prc.gov).
The Commission appoints James F.
Callow to serve as Public Representative
in these dockets.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
Nos. MC2013–7 and CP2013–7 to
consider the matters raised in each
docket.
2. Pursuant to 39 U.S.C. 505, James F.
Callow is appointed to serve as an
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12:06 Oct 24, 2012
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officer of the Commission (Public
Representative) to represent the
interests of the general public in these
proceedings.
3. Comments by interested persons in
these proceedings are due no later than
October 30, 2012.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2012–26252 Filed 10–24–12; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copy Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension: Form N–8A;
OMB Control No. 3235–0175, File No. 270–
135.
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 existing collection
of information to the Office of
Management and Budget for extension
and approval.
The Investment Company Act of 1940,
as amended (‘‘1940 Act’’) (15 U.S.C.
80a–1 et seq.), requires investment
companies to register with the
Commission before they conduct any
business in interstate commerce.
Section 8(a) of the 1940 Act provides
that an investment company shall be
deemed to be registered upon receipt by
the Commission of a notification of
registration in such form as the
Commission prescribes. Form N–8A (17
CFR 274.10) is the form for notification
of registration that the Commission has
adopted under section 8(a). The purpose
of such notification of registration
provided on Form N–8A is to notify the
Commission of the existence of
investment companies required to be
registered under the 1940 Act and to
enable the Commission to administer
the provisions of the 1940 Act with
respect to those companies. After an
investment company has filed its
notification of registration under section
8(a), the company is then subject to the
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Fmt 4703
Sfmt 4703
65233
provisions of the 1940 Act which govern
certain aspects of its organization and
activities, such as the composition of its
board of directors and the issuance of
senior securities. Form N–8A requires
an investment company to provide its
name, state of organization, form of
organization, classification, the name
and address of each investment adviser
of the investment company, the current
value of its total assets and certain other
information readily available to the
investment company. If the investment
company is filing a registration
statement as required by Section 8(b) of
the 1940 Act concurrently with its
notification of registration, Form N–8A
requires only that the registrant file the
cover page (giving its name, address and
agent for service of process) and sign the
form in order to effect registration.
Each year approximately 130
investment companies file a notification
on Form N–8A, which is required to be
filed only once by an investment
company. The Commission estimates
that preparing Form N–8A requires an
investment company to spend
approximately 1 hour so that the total
burden of preparing Form N–8A for all
affected investment companies is 130
hours. Estimates of average burden
hours are made solely for the purposes
of the Paperwork Reduction Act, and are
not derived from a comprehensive or
even a representative survey or study of
the costs of Commission rules and
forms.
The collection of information on Form
N–8A is mandatory. The information
provided on Form N–8A is not 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 OMB 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
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’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 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, Chief Information
Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon,
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65234
Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Notices
6432 General Green Way, Alexandria,
VA 22312; or send an email to:
PRA_Mailbox@sec.gov.
Dated: October 19, 2012.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–26254 Filed 10–24–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. IA–3490; October 19, 2012]
Notice of Intention To Cancel
Registrations of Certain Investment
Advisers Pursuant to the Investment
Advisers Act of 1940
Notice is given that the Securities and
Exchange Commission (the
‘‘Commission’’) intends to issue an
order or orders, pursuant to Section
203(h) of the Investment Advisers Act of
1940 (the ‘‘Act’’), cancelling the
registrations of the investment advisers
whose names appear in the attached
Appendix, hereinafter referred to as the
registrants.
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Background
On July 21, 2010, President Obama
signed into law the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (‘‘Dodd-Frank Act’’) which, among
other things, amended certain
provisions of the Act.1 These
amendments included provisions that
delegate generally to the states
regulatory responsibility over certain
mid-sized advisers—i.e., those that have
between $25 million and $100 million
of assets under management.2 These
provisions and related rule amendments
required a significant number of
advisers registered with the Commission
to withdraw their registrations with the
Commission and to switch to
registration with one or more state
securities authorities.3
To implement the division of
regulatory responsibility mandated by
the Dodd-Frank Act, the Commission
1 Dodd-Frank Wall Street Reform and Consumer
Protection Act, Public Law 111–203, 124 Stat. 1376
(2010).
2 See section 410 of the Dodd-Frank Act; 15
U.S.C. 80b–3a.
3 For example, section 410 of the Dodd-Frank Act
required mid-sized advisers to register with the
states: (i) if the adviser is required to be registered
as an investment adviser with the securities
commissioner of the state in which it maintains its
principal office and place of business; and (ii) if
registered with that state, the adviser would be
subject to examination as an investment adviser by
that securities commissioner. 15 U.S.C. 80b–
3a(a)(2). The Commission also amended certain
exemptions from the prohibition on Commission
registration that were previously adopted under
section 203A of the Act. See 17 CFR 275.203a–2.
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12:06 Oct 24, 2012
Jkt 229001
adopted rule 203A–5 under the Act.4
Rule 203A–5 required each investment
adviser registered with the Commission
to file an amended Form ADV in the
first quarter of 2012 indicating whether
it remained eligible for registration by
the Commission. The rule also extended
until June 28, 2012 the deadline for
advisers no longer eligible for
Commission registration to register with
the states and withdraw registration
with the Commission.5 In conjunction
with adopting rule 203A–5 and other
rules to implement the Dodd-Frank Act,
the Commission stated that it expected
to cancel the registration of advisers no
longer eligible to register with the
Commission that failed to file an
amendment or withdraw their
registrations in accordance with rule
203A–5.6
Discussion
Section 203(h) of the Act 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, the
Commission shall by order, cancel the
registration of such person.7
Commission staff, in coordination
with state securities regulators,
contacted SEC-registered investment
advisers before and after the filing
deadlines to remind them of their filing
obligations under rule 203A–5 and to
withdraw from Commission registration
by filing Form ADV–W if no longer
eligible. The registrants listed in the
Appendix either have not filed a Form
ADV amendment with the Commission
in 2012, or have indicated on Form ADV
that they are no longer eligible to remain
registered with the Commission as
investment advisers but have not filed
Form ADV–W to withdraw their
registration. Accordingly, the
Commission believes that reasonable
grounds exist for a finding that these
registrants are no longer in existence,
are not engaged in business as
investment advisers, or are prohibited
from registering as investment advisers
under section 203A, and that their
registrations should be cancelled
pursuant to section 203(h) of the Act.
4 17
CFR 275.203a–5.
17 CFR 275.203a–5(b), (c).
6 Rules Implementing Amendments to the
Investment Advisers Act of 1940, Investment
Advisers Act Rel. No. 3221, at 15 (Jun. 22, 2012)
[76 FR 42950, 42953–42954 (Jul. 19, 2011)].
7 15 U.S.C. 80b–3(h).
5 See
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Fmt 4703
Sfmt 4703
Any registrant listed in the Appendix
that wishes to file a Form ADV
amendment indicating that it is eligible
for registration or a Form ADV–W to
withdraw its registration with the
Commission may do so by December 17,
2012. The registrations of registrants
whose amended Form ADVs are
received by the Commission by
December 17, 2012 will not be
cancelled, and the registrations of
registrants that file Form ADV–W will
be withdrawn and will not be cancelled
by a Commission order or orders. For
more information or for questions about
the inclusion of a registrant on this list,
contact: Jennifer Porter, Senior Counsel
or Melissa Roverts, Branch Chief at
(202) 551–6787 (Division of Investment
Management, Office of Investment
Adviser Regulation).
Notice is also given that any
interested person may, by December 17,
2012, at 5:30 p.m., submit to the
Commission in writing a request for a
hearing on the cancellation of a
registrant, 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, 100 F Street NE.,
Washington, DC 20549.
At any time after December 17, 2012,
the Commission may issue an order or
orders cancelling the registrations of any
or all of the registrants listed in the
Appendix, upon the basis of the
information stated above, unless an
order or orders 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.
By the Commission.
Elizabeth M. Murphy,
Secretary.
Appendix
801–68570 12 METER MANAGEMENT, LP
801–72955 3SISTERS SUSTAINABLE
MANAGEMENT, LLC
801–71854 ACCESS GLOBAL ADVISORS
801–70973 ADVANCED FINANCIAL
SOLUTIONS, INC.
801–71094 AFC ASSET MANAGEMENT
SERVICES, INC.
801–67660 ALDUS CAPITAL, LLC
801–71247 ALDWYCH CAPITAL
PARTNERS, LLC
E:\FR\FM\25OCN1.SGM
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Agencies
[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Notices]
[Pages 65233-65234]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26254]
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SECURITIES AND EXCHANGE COMMISSION
Proposed Collection; Comment Request
Upon Written Request, Copy Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.
Extension: Form N-8A;
OMB Control No. 3235-0175, File No. 270-135.
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 existing collection of information to the Office of
Management and Budget for extension and approval.
The Investment Company Act of 1940, as amended (``1940 Act'') (15
U.S.C. 80a-1 et seq.), requires investment companies to register with
the Commission before they conduct any business in interstate commerce.
Section 8(a) of the 1940 Act provides that an investment company shall
be deemed to be registered upon receipt by the Commission of a
notification of registration in such form as the Commission prescribes.
Form N-8A (17 CFR 274.10) is the form for notification of registration
that the Commission has adopted under section 8(a). The purpose of such
notification of registration provided on Form N-8A is to notify the
Commission of the existence of investment companies required to be
registered under the 1940 Act and to enable the Commission to
administer the provisions of the 1940 Act with respect to those
companies. After an investment company has filed its notification of
registration under section 8(a), the company is then subject to the
provisions of the 1940 Act which govern certain aspects of its
organization and activities, such as the composition of its board of
directors and the issuance of senior securities. Form N-8A requires an
investment company to provide its name, state of organization, form of
organization, classification, the name and address of each investment
adviser of the investment company, the current value of its total
assets and certain other information readily available to the
investment company. If the investment company is filing a registration
statement as required by Section 8(b) of the 1940 Act concurrently with
its notification of registration, Form N-8A requires only that the
registrant file the cover page (giving its name, address and agent for
service of process) and sign the form in order to effect registration.
Each year approximately 130 investment companies file a
notification on Form N-8A, which is required to be filed only once by
an investment company. The Commission estimates that preparing Form N-
8A requires an investment company to spend approximately 1 hour so that
the total burden of preparing Form N-8A for all affected investment
companies is 130 hours. Estimates of average burden hours are made
solely for the purposes of the Paperwork Reduction Act, and are not
derived from a comprehensive or even a representative survey or study
of the costs of Commission rules and forms.
The collection of information on Form N-8A is mandatory. The
information provided on Form N-8A is not 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 OMB
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 agency, including whether the information will
have practical utility; (b) the accuracy of the agency'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 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, Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon,
[[Page 65234]]
6432 General Green Way, Alexandria, VA 22312; or send an email to:
PRA_Mailbox@sec.gov.
Dated: October 19, 2012.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-26254 Filed 10-24-12; 8:45 am]
BILLING CODE 8011-01-P