Allianz Variable Insurance Products Fund of Funds Trust, et al.;, 7821-7822 [2013-02304]

Download as PDF Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices Annexes A through M provide detailed requirements to support the four volumes described above. Annex K—Self Service Postage Dispensing (Kiosk) System Requirements. The Kiosk requirements were created for USPS® branded Kiosks only and did not fully consider other unbranded kiosks. This Annex will be updated and expanded to define requirements for both. This annex will be recirculated for comment by April 1, 2013. Implementation Schedule New IBI product Concepts of Operation (Con-Ops) may be submitted under the PCIBI if Alpha testing is completed by September 30, 2013. Effective February 1, 2013, new product submissions must follow the submission and testing processes in Volumes 3 and 4. For existing IBI Products—Processes in the IMI remain the same as in the IBI. Effective October 1, 2013, new product submissions must adhere to requirements in Volumes 1 and 2. Existing IBI Products—These products will continue under PCIBI but must maintain valid FIPS certification. With the exception of Annex K, as mentioned previously, all annexes will become effective with the Volume they support. Summary of Comments and Responses Comments regarding the proposed criteria were received by providers, USPS personnel, and other industry professionals. To review the comments, a Change Control Board (CCB) was formed with various Postal stakeholders represented. The merits of each comment were discussed and reviewed. To receive a copy of the comments and how we addressed them, mail or deliver written requests to: USPS Payment Technology/Attn: Marlo Kay Ivey, 475 L’Enfant Plaza SW., Room 3660, Washington, DC 20260–4110. Stanley F. Mires, Attorney, Legal Policy & Legislative Advice. [FR Doc. 2013–01759 Filed 2–1–13; 8:45 am] In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111–117), Railroad Retirement Board is publishing this notice to advise the public of the availability of the FY 2012 Service Contract inventories. This inventory provides information on service contract actions, over $25,000, which the RRB awarded during FY 2012. The information is organized by function to show how contracted resources were used by the agency to support its mission. The inventory has been developed in accordance with guidance issued on November 5, 2010 by the Office of Management and Budget’s Office of Federal Procurement Policy (OFPP), as updated by OFPP memorandum dated December 19, 2011. OFPP’s guidance is available at https:// www.whitehouse.gov/sites/default/files/ omb/procurement/memo/servicecontract-inventory-guidance.pdf. The Railroad Retirement Board has posted (1) its FY 2012 inventory and (2) a summary of the FY 2012 inventory, as well as (3) RRB’s planned analysis of its selected special interest functions from the FY 2012 Service Contract inventory, and finally (4) the analysis report on its FY 2011 Service Contract Inventory special interest functions, on the Railroad Retirement Board homepage at the following link: https://www.rrb.gov/ mep/agency_mgt.asp. FOR FURTHER INFORMATION CONTACT: Questions regarding the service contract inventory and analysis reports should be directed to Paul Ahern in the Acquisition Management Division, Office of Administration at 312–751– 7130 or paul.ahern@rrb.gov. SUMMARY: Dated: January 24, 2013. Martha P. Rico, Secretary to the Board. [FR Doc. 2013–02154 Filed 2–1–13; 8:45 am] BILLING CODE 7905–01–P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 30371; File No. 812–14084] RAILROAD RETIREMENT BOARD mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 7710–12–P Allianz Variable Insurance Products Fund of Funds Trust, et al.; Notice of Application Public Availability of Railroad Retirement Board FY 2012 Service Contract Inventory January 29, 2013. AGENCY: Railroad Retirement Board (RRB). Notice of Public Availability of FY 2012 Service Contract Inventory. ACTION: VerDate Mar<15>2010 19:26 Feb 01, 2013 Jkt 229001 Securities and Exchange Commission (‘‘Commission’’). ACTION: Notice of an application under section 6(c) of the Investment Company Act of 1940 (‘‘Act’’) for an exemption from rule 12d1–2(a) under the Act. AGENCY: PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 7821 Applicants request an order to permit open-end management investment companies relying on rule 12d1–2 under the Act to invest in certain financial instruments. APPLICANTS: Allianz Variable Insurance Products Fund of Funds Trust (‘‘FOF Trust’’), Allianz Variable Insurance Products Trust (‘‘VIP Trust’’ and, together with FOF Trust, the ‘‘Trusts’’), Allianz Investment Management LLC (‘‘AIM’’), and Allianz Life Financial Services, LLC (‘‘ALFS’’). DATES: Filing Date: The application was filed on October 16, 2012. HEARING OR NOTIFICATION OF HEARING: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission’s Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on February 25, 2013, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer’s interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission’s Secretary. ADDRESSES: Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090; Applicants: 5701 Golden Hills Drive, Minneapolis, MN 55416–1297. FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, at (202) 551–6876, or Mary Kay Frech, Branch 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. SUMMARY OF APPLICATION: Applicants’ Representations 1. Each of FOF Trust and VIP Trust is organized as a Delaware statutory trust and is registered under the Act as an open-end management investment company. AIM, a Minnesota corporation, is an indirect, wholly owned subsidiary of Allianz SE, and an investment adviser registered under the Investment Advisers Act of 1940 (‘‘Advisers Act’’). AIM currently serves E:\FR\FM\04FEN1.SGM 04FEN1 7822 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES as investment adviser to each existing Fund of Funds (as defined below). ALFS, a Minnesota corporation, is an indirect, wholly owned subsidiary of Allianz SE, and a broker-dealer registered under the Securities Exchange Act of 1934 (‘‘Exchange Act’’). ALFS serves as the distributor for each existing Fund of Funds. 2. Applicants request the exemption to the extent necessary to permit any existing or future series of the Trusts or any other existing or future registered open-end management investment company or series thereof that: (i) Is advised by AIM or an entity controlling, controlled by, or under common control with AIM (any such adviser, or AIM, an ‘‘Adviser’’)1; (ii) invests in other registered open-end management investment companies (‘‘Underlying Funds’’) in reliance on section 12(d)(1)(G) of the Act; and (iii) is also eligible to invest in securities (as defined in section 2(a)(36) of the Act) in reliance on rule 12d1–2 under the Act (each, a ‘‘Fund of Funds’’), to also invest, to the extent consistent with its investment objectives, policies, strategies and limitations, in financial instruments which may not be securities within the meaning of section 2(a)(36) of the Act (‘‘Other Investments’’).2 Applicants also request that the order exempt any entity controlling, controlled by or under common control with ALFS that now or in the future acts as principal underwriter with respect to the transactions described in the application. 3. Consistent with its fiduciary obligations under the Act, each Fund of Funds’ board of trustees will review the advisory fees charged by the Fund of Funds’ Adviser to ensure that they are based on services provided that are in addition to, rather than duplicative of, services provided pursuant to the advisory agreement of any investment company in which the Fund of Funds may invest. Applicants’ Legal Analysis 1. Section 12(d)(1)(A) of the Act provides that no registered investment company (‘‘acquiring company’’) may acquire securities of another investment company (‘‘acquired company’’) if such securities represent more than 3% of the acquired company’s outstanding voting stock or more than 5% of the acquiring company’s total assets, or if such 1 Any other Adviser also will be registered under the Advisers Act. 2 Every existing entity that currently intends to rely on the requested order is named as an applicant. Any entity that relies on the order in the future will do so only in accordance with the terms and condition in the application. VerDate Mar<15>2010 19:26 Feb 01, 2013 Jkt 229001 securities, together with the securities of other investment companies, represent more than 10% of the acquiring company’s total assets. Section 12(d)(1)(B) of the Act provides that no registered open-end investment company may sell its securities to another investment company if the sale will cause the acquiring company to own more than 3% of the acquired company’s voting stock, or cause more than 10% of the acquired company’s voting stock to be owned by investment companies and companies controlled by them. 2. Section 12(d)(1)(G) of the Act provides, in part, that section 12(d)(1) will not apply to securities of an acquired company purchased by an acquiring company if: (i) The acquired company and acquiring company are part of the same group of investment companies; (ii) the acquiring company holds only securities of acquired companies that are part of the same group of investment companies, government securities, and short-term paper; (iii) the aggregate sales loads and distribution-related fees of the acquiring company and the acquired company are not excessive under rules adopted pursuant to section 22(b) or section 22(c) of the Act by a securities association registered under section 15A of the Exchange Act or by the Commission; and (iv) the acquired company has a policy that prohibits it from acquiring securities of registered open-end investment companies or registered unit investment trusts in reliance on section 12(d)(1)(F) or 12(d)(1)(G) of the Act. 3. Rule 12d1–2 under the Act permits a registered open-end investment company or a registered unit investment trust that relies on section 12(d)(1)(G) of the Act to acquire, in addition to securities issued by another registered investment company in the same group of investment companies, government securities, and short-term paper: (i) Securities issued by an investment company that is not in the same group of investment companies, when the acquisition is in reliance on section 12(d)(1)(A) or 12(d)(1)(F) of the Act; (ii) securities (other than securities issued by an investment company); and (iii) securities issued by a money market fund, when the investment is in reliance on rule 12d1–1 under the Act. For the purposes of rule 12d1–2, ‘‘securities’’ means any security as defined in section 2(a)(36) of the Act. 4. Section 6(c) of the Act provides that the Commission may exempt any person, security, or transaction from any provision of the Act, or from any rule under the Act, if such exemption is PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policies and provisions of the Act. 5. Applicants state that the Funds of Funds will comply with rule 12d1–2 under the Act, but for the fact that the Funds of Funds may invest a portion of their assets in Other Investments. Applicants request an order under section 6(c) of the Act for an exemption from rule 12d1–2(a) to allow the Funds of Funds to invest in Other Investments while investing in Underlying Funds. Applicants assert that permitting the Funds of Funds to invest in Other Investments as described in the application would not raise any of the concerns that the requirements of section 12(d)(1) were designed to address. Applicants’ Condition Applicants agree that any order granting the requested relief will be subject to the following condition: Applicants will comply with all provisions of rule 12d1–2 under the Act, except for paragraph (a)(2) to the extent that it restricts any Fund of Funds from investing in Other Investments as described in the application. For the Commission, by the Division of Investment Management, under delegated authority. Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2013–02304 Filed 2–1–13; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–68748; File No. SR– NYSEARCA–2013–02] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.11, Which Provides for Trading Pauses in Individual Securities Due to Extraordinary Market Volatility, Extending the Effective Date of the Pilot Until the Earlier of the Initial Date of Operations of the Regulation NMS Plan To Address Extraordinary Market Volatility or February 4, 2014 January 28, 2013. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on January 15, 2013, NYSE Arca, Inc. (‘‘NYSE 1 15 2 17 E:\FR\FM\04FEN1.SGM U.S.C.78s(b)(1). CFR 240.19b–4. 04FEN1

Agencies

[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Notices]
[Pages 7821-7822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02304]


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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30371; File No. 812-14084]


Allianz Variable Insurance Products Fund of Funds Trust, et al.; 
Notice of Application

January 29, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment 
Company Act of 1940 (``Act'') for an exemption from rule 12d1-2(a) 
under the Act.

-----------------------------------------------------------------------

Summary of Application: Applicants request an order to permit open-end 
management investment companies relying on rule 12d1-2 under the Act to 
invest in certain financial instruments.

Applicants:  Allianz Variable Insurance Products Fund of Funds Trust 
(``FOF Trust''), Allianz Variable Insurance Products Trust (``VIP 
Trust'' and, together with FOF Trust, the ``Trusts''), Allianz 
Investment Management LLC (``AIM''), and Allianz Life Financial 
Services, LLC (``ALFS'').

DATES:  Filing Date: The application was filed on October 16, 2012.

Hearing or Notification of Hearing: An order granting the application 
will be issued unless the Commission orders a hearing. Interested 
persons may request a hearing by writing to the Commission's Secretary 
and serving applicants with a copy of the request, personally or by 
mail. Hearing requests should be received by the Commission by 5:30 
p.m. on February 25, 2013, and should be accompanied by proof of 
service on applicants, in the form of an affidavit or, for lawyers, a 
certificate of service. Hearing requests should state the nature of the 
writer's interest, the reason for the request, and the issues 
contested. Persons who wish to be notified of a hearing may request 
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, Securities and Exchange 
Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants: 
5701 Golden Hills Drive, Minneapolis, MN 55416-1297.

FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, at 
(202) 551-6876, or Mary Kay Frech, Branch 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. Each of FOF Trust and VIP Trust is organized as a Delaware 
statutory trust and is registered under the Act as an open-end 
management investment company. AIM, a Minnesota corporation, is an 
indirect, wholly owned subsidiary of Allianz SE, and an investment 
adviser registered under the Investment Advisers Act of 1940 
(``Advisers Act''). AIM currently serves

[[Page 7822]]

as investment adviser to each existing Fund of Funds (as defined 
below). ALFS, a Minnesota corporation, is an indirect, wholly owned 
subsidiary of Allianz SE, and a broker-dealer registered under the 
Securities Exchange Act of 1934 (``Exchange Act''). ALFS serves as the 
distributor for each existing Fund of Funds.
    2. Applicants request the exemption to the extent necessary to 
permit any existing or future series of the Trusts or any other 
existing or future registered open-end management investment company or 
series thereof that: (i) Is advised by AIM or an entity controlling, 
controlled by, or under common control with AIM (any such adviser, or 
AIM, an ``Adviser'')\1\; (ii) invests in other registered open-end 
management investment companies (``Underlying Funds'') in reliance on 
section 12(d)(1)(G) of the Act; and (iii) is also eligible to invest in 
securities (as defined in section 2(a)(36) of the Act) in reliance on 
rule 12d1-2 under the Act (each, a ``Fund of Funds''), to also invest, 
to the extent consistent with its investment objectives, policies, 
strategies and limitations, in financial instruments which may not be 
securities within the meaning of section 2(a)(36) of the Act (``Other 
Investments'').\2\ Applicants also request that the order exempt any 
entity controlling, controlled by or under common control with ALFS 
that now or in the future acts as principal underwriter with respect to 
the transactions described in the application.
---------------------------------------------------------------------------

    \1\ Any other Adviser also will be registered under the Advisers 
Act.
    \2\ Every existing entity that currently intends to rely on the 
requested order is named as an applicant. Any entity that relies on 
the order in the future will do so only in accordance with the terms 
and condition in the application.
---------------------------------------------------------------------------

    3. Consistent with its fiduciary obligations under the Act, each 
Fund of Funds' board of trustees will review the advisory fees charged 
by the Fund of Funds' Adviser to ensure that they are based on services 
provided that are in addition to, rather than duplicative of, services 
provided pursuant to the advisory agreement of any investment company 
in which the Fund of Funds may invest.

Applicants' Legal Analysis

    1. Section 12(d)(1)(A) of the Act provides that no registered 
investment company (``acquiring company'') may acquire securities of 
another investment company (``acquired company'') if such securities 
represent more than 3% of the acquired company's outstanding voting 
stock or more than 5% of the acquiring company's total assets, or if 
such securities, together with the securities of other investment 
companies, represent more than 10% of the acquiring company's total 
assets. Section 12(d)(1)(B) of the Act provides that no registered 
open-end investment company may sell its securities to another 
investment company if the sale will cause the acquiring company to own 
more than 3% of the acquired company's voting stock, or cause more than 
10% of the acquired company's voting stock to be owned by investment 
companies and companies controlled by them.
    2. Section 12(d)(1)(G) of the Act provides, in part, that section 
12(d)(1) will not apply to securities of an acquired company purchased 
by an acquiring company if: (i) The acquired company and acquiring 
company are part of the same group of investment companies; (ii) the 
acquiring company holds only securities of acquired companies that are 
part of the same group of investment companies, government securities, 
and short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not 
excessive under rules adopted pursuant to section 22(b) or section 
22(c) of the Act by a securities association registered under section 
15A of the Exchange Act or by the Commission; and (iv) the acquired 
company has a policy that prohibits it from acquiring securities of 
registered open-end investment companies or registered unit investment 
trusts in reliance on section 12(d)(1)(F) or 12(d)(1)(G) of the Act.
    3. Rule 12d1-2 under the Act permits a registered open-end 
investment company or a registered unit investment trust that relies on 
section 12(d)(1)(G) of the Act to acquire, in addition to securities 
issued by another registered investment company in the same group of 
investment companies, government securities, and short-term paper: (i) 
Securities issued by an investment company that is not in the same 
group of investment companies, when the acquisition is in reliance on 
section 12(d)(1)(A) or 12(d)(1)(F) of the Act; (ii) securities (other 
than securities issued by an investment company); and (iii) securities 
issued by a money market fund, when the investment is in reliance on 
rule 12d1-1 under the Act. For the purposes of rule 12d1-2, 
``securities'' means any security as defined in section 2(a)(36) of the 
Act.
    4. Section 6(c) of the Act provides that the Commission may exempt 
any person, security, or transaction from any provision of the Act, or 
from any rule under the Act, if such exemption is necessary or 
appropriate in the public interest and consistent with the protection 
of investors and the purposes fairly intended by the policies and 
provisions of the Act.
    5. Applicants state that the Funds of Funds will comply with rule 
12d1-2 under the Act, but for the fact that the Funds of Funds may 
invest a portion of their assets in Other Investments. Applicants 
request an order under section 6(c) of the Act for an exemption from 
rule 12d1-2(a) to allow the Funds of Funds to invest in Other 
Investments while investing in Underlying Funds. Applicants assert that 
permitting the Funds of Funds to invest in Other Investments as 
described in the application would not raise any of the concerns that 
the requirements of section 12(d)(1) were designed to address.

Applicants' Condition

    Applicants agree that any order granting the requested relief will 
be subject to the following condition:
    Applicants will comply with all provisions of rule 12d1-2 under the 
Act, except for paragraph (a)(2) to the extent that it restricts any 
Fund of Funds from investing in Other Investments as described in the 
application.

    For the Commission, by the Division of Investment Management, 
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02304 Filed 2-1-13; 8:45 am]
BILLING CODE 8011-01-P
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