Submission for OMB Review; Comment Request, 14310-14312 [2014-05457]
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14310
Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE., Washington,
DC 20549 or send an email to: PRA_
Mailbox@sec.gov.
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, D.C. 20549–0213.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Extension:
Rule 163, OMB Control No. 3235–0619,
SEC File No. 270–556.
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 (‘‘OMB’’) for
extension and approval.
Rule 163 (17 CFR 230.163) provides
an exemption from Section 5(c) under
the Securities Act of 1933 (15 U.S.C. 77a
et seq.) for certain communications by
or on behalf of a well-known seasoned
issuer. The information filed under Rule
163 is publicly available. We estimate
that it takes approximately 0.24 burden
hours per response to provide the
information required under Rule 163
and that the information is filed by
approximately 53 respondents for a total
annual reporting burden of 13 hours.
We estimate that 25% of 0.24 hours per
response (0.06 hours) is prepared by the
respondent for a total annual burden of
3 hours (0.06 hours per response × 53
responses).
Written comments are invited on: (a)
Whether this proposed collection of
information is necessary for the
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.
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.
Please direct your written comment to
Thomas Bayer, Director/Chief
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17:33 Mar 12, 2014
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Dated: March 7, 2014.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–05459 Filed 3–12–14; 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.
Extension:
Rule 17a–22; SEC File No. 270–202, OMB
Control No. 3235–0196.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Rule 17a–22 (17 CFR 240.17a–22) under
the Securities Exchange Act of 1934
(‘‘Exchange Act’’) (15 U.S.C. 78a et seq.).
Rule 17a–22 requires all registered
clearing agencies to file with the
Commission three copies of all materials
they issue or make generally available to
their participants or other entities with
whom they have a significant
relationship, such as pledges, transfer
agents, or self-regulatory organizations.
Such materials include manuals,
notices, circulars, bulletins, lists, and
periodicals. The filings with the
Commission must be made within ten
days after the materials are issued or
made generally available. When the
Commission is not the clearing agency’s
appropriate regulatory agency, the
clearing agency must file one copy of
the material with its appropriate
regulatory agency. The Commission is
responsible for overseeing clearing
agencies and uses the information filed
pursuant to Rule 17a–22 to determine
whether a clearing agency is
implementing procedural or policy
changes. The information filed aides the
Commission in determining whether
such changes are consistent with the
purposes of Section 17A of the
Exchange Act. Also, the Commission
uses the information to determine
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whether a clearing agency has changed
its rules without reporting the actual or
prospective change to the Commission
as required under Section 19(b) of the
Exchange Act.
The respondents to Rule 17a–22 are
registered clearing agencies. The
frequency of filings made by clearing
agencies pursuant to Rule 17a–22 varies
but on average there are approximately
200 filings per year per active clearing
agency. There are seven active
registered clearing agencies. The
Commission staff estimates that each
response requires approximately .25
hours (fifteen minutes), which
represents the time it takes for a staff
person at the clearing agency to
properly identify a document subject to
the rule, print and makes copies, and
mail that document to the Commission.
Thus, the total annual burden for all
active clearing agencies is 350 hours (7
clearing agencies multiplied by 200
filings per clearing agency multiplied by
.25 hours) and a total of 50 hours (1400
responses multiplied by .25 hours,
divided by 7 active clearing agencies)
per year are expended by each
respondent to comply with the rule.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
The public may view background
documentation for this information
collection at the following Web site:
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 email to: Shagufta_
Ahmed@omb.eop.gov; and (ii) Thomas
Bayer, Chief Information Officer,
Securities and Exchange Commission,
c/o Remi Pavlik-Simon, 100 F. Street,
NE Washington, DC 20549, or by
sending an email to: PRA_Mailbox@
sec.gov. Comments must be submitted to
OMB within 30 days of this notice.
Dated: March 7, 2014.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–05458 Filed 3–12–14; 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
E:\FR\FM\13MRN1.SGM
13MRN1
Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Extension:
Rule 17a–10, OMB Control No. 3235–0563,
SEC File No. 270–507.
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’’) 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 Section 2(a)(3) of the Act
defines ‘‘affiliated person’’ of a fund to
include its investment advisers.2 Rule
17a–10 (17 CFR 270.17a–10) permits (i)
a subadviser 3 of a fund to enter into
transactions with funds the subadviser
does not advise but that are affiliated
persons of a fund that it does advise
(e.g., other funds in the fund complex),
and (ii) a subadviser (and its affiliated
persons) to enter into transactions and
arrangements with funds the subadviser
does advise, but only with respect to
discrete portions of the subadvised fund
for which the subadviser does not
provide investment advice.
To qualify for the exemptions in rule
17a–10, the subadvisory relationship
must be the sole reason why section
17(a) prohibits the transaction. In
addition, the advisory contracts of the
subadviser entering into the transaction,
and any subadviser that is advising the
purchasing portion of the fund, must
prohibit the subadvisers from consulting
with each other concerning securities
transactions of the fund, and limit their
responsibility to providing advice with
respect to discrete portions of the fund’s
portfolio.4 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. Section 2(a)(3) of the
Act defines ‘‘affiliated person’’ of a fund
to include its investment advisers. Rule
1 15
U.S.C. 80a–17(a).
U.S.C. 80a–2(a)(3)(E).
3 As defined in rule 17a–10(b)(2). 17 CFR
270.17a–10(b)(2).
4 17 CFR 270.17a–10(a)(2).
2 15
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17:33 Mar 12, 2014
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17a–10 permits (i) a subadviser of a
fund to enter into transactions with
funds the subadviser does not advise
but that are affiliated persons of a fund
that it does advise (e.g., other funds in
the fund complex), and (ii) a subadviser
(and its affiliated persons) to enter into
transactions and arrangements with
funds the subadviser does advise, but
only with respect to discrete portions of
the subadvised fund for which the
subadviser does not provide investment
advice.
To qualify for the exemptions in rule
17a–10, the subadvisory relationship
must be the sole reason why section
17(a) prohibits the transaction. In
addition, the advisory contracts of the
subadviser entering into the transaction,
and any subadviser that is advising the
purchasing portion of the fund, must
prohibit the subadvisers from consulting
with each other concerning securities
transactions of the fund, and limit their
responsibility to providing advice with
respect to discrete portions of the fund’s
portfolio. This requirement regarding
the prohibitions and limitations in
advisory contracts of subadvisors
relying on the rule constitutes a
collection of information under the
Paperwork Reduction Act of 1995
(‘‘PRA’’).5
The staff assumes that all existing
funds with subadvisory contracts
amended those contracts to comply with
the adoption of rule 17a–10 in 2003,
which conditioned certain exemptions
upon these contractual alterations, and
therefore there is no continuing burden
for those funds.6 However, the staff
assumes that all newly formed
subadvised funds, and funds that enter
into new contracts with subadvisers,
will incur the one-time burden by
amending their contracts to add the
terms required by the rule.
Based on an analysis of fund filings,
the staff estimates that approximately
775 fund portfolios enter into new
subadvisory agreements each year.
Based on discussions with industry
representatives, the staff estimates that
it will require approximately 3 attorney
hours to draft and execute additional
clauses in new subadvisory contracts in
order for funds and subadvisers to be
able to rely on the exemptions in rule
17a–10. Because these additional
clauses are identical to the clauses that
5 44
U.S.C. 3501.
of Investment Companies With
Portfolio and Subadviser Affiliates, Investment
Company Act Release No. 25888 (Jan. 14, 2003) [68
FR 3153, (Jan. 22, 2003)]. We assume that funds
formed after 2003 that intended to rely on rule 17a–
10 would have included the required provision as
a standard element in their initial subadvisory
contracts.
6 Transactions
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14311
a fund would need to insert in their
subadvisory contracts to rely on rules
10f–3, 12d3–1, and 17e–1, and because
we believe that funds that use one such
rule generally use all of these rules, we
apportion this 3 hour time burden
equally among all four rules. Therefore,
we estimate that the burden allocated to
rule 17a–10 for this contract change
would be 0.75 hours.7 Assuming that all
775 funds that enter into new
subadvisory contracts each year make
the modification to their contract
required by the rule, we estimate that
the rule’s contract modification
requirement will result in 581 burden
hours annually, with an associated cost
of approximately $220,199.8
The estimate of average burden hours
is made solely for the purposes of the
Paperwork Reduction Act. The estimate
is not derived from a comprehensive or
even a representative survey or study of
the costs of Commission rules.
Complying with this collection of
information requirement is necessary to
obtain the benefit of relying on rule
17a–10. Responses 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
currently valid OMB control number.
The public may view the background
documentation for this information
collection at the following Web site,
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 email to: Shagufta_
Ahmed@omb.eop.gov; and (ii) Thomas
Bayer, Chief Information Officer,
Securities and Exchange Commission, c/
o Remi Pavlik-Simon, 100 F Street NE.,
Washington, DC 20549 or send an email
to: PRA_Mailbox@sec.gov. Comments
must be submitted to OMB within 30
days of this notice.
7 This estimate is based on the following
calculation: 3 hours ÷ 4 rules = 0.75 hours.
8 These estimates are based on the following
calculations: (0.75 hours × 775 portfolios = 581
burden hours); ($379 per hour × 581 hours =
$220,199 total cost). The Commission’s estimates
concerning the wage rates for attorney time are
based on salary information for the securities
industry compiled by the Securities Industry and
Financial Markets Association. The estimated wage
figure is based on published rates for in-house
attorneys, modified to account for an 1,800-hour
work-year and multiplied by 5.35 to account for
bonuses, firm size, employee benefits, and
overhead, yielding an effective hourly rate of $379.
See Securities Industry and Financial Markets
Association, Report on Management & Professional
Earnings in the Securities Industry 2012.
E:\FR\FM\13MRN1.SGM
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14312
Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices
Dated: March 7, 2014.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–05457 Filed 3–12–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
30976; File No. 812–14208]
DFA Investment Dimensions Group
Inc., et al.; Notice of Application
TKELLEY on DSK3SPTVN1PROD with NOTICES
March 7, 2014.
AGENCY: Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application for an
order pursuant to section 6(c) of the
Investment Company Act of 1940
(‘‘Act’’) granting an exemption from
sections 18(f) and 21(b) of the Act;
pursuant to section 12(d)(1)(J) of the Act
granting an exemption from section
12(d)(1) of the Act; pursuant to sections
6(c) and 17(b) of the Act granting an
exemption from sections 17(a)(1),
17(a)(2) and 17(a)(3) of the Act; and
pursuant to section 17(d) of the Act and
rule 17d–1 under the Act to permit
certain joint arrangements.
Summary of the Application:
Applicants request an order that would
permit certain registered open-end
management investment companies to
participate in a joint lending and
borrowing facility.
Applicants: DFA Investment
Dimensions Group Inc. (‘‘DFAIDG’’),
Dimensional Emerging Markets Value
Fund (‘‘DEM’’), Dimensional Investment
Group Inc. (‘‘DIG’’), The DFA
Investment Trust Company (‘‘DFAITC,’’
and together with DFAIDG, DEM, and
DIG, the ‘‘Trusts’’) and Dimensional
Fund Advisors LP (‘‘Adviser’’).
Filing Dates: The application was
filed on September 5, 2013, and
amended on February 18, 2014.
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 April 1, 2014, 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
VerDate Mar<15>2010
17:33 Mar 12, 2014
Jkt 232001
notification by writing to the
Commission’s Secretary.
ADDRESSES: Secretary, U.S. Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090;
Applicants: 6300 Bee Cave Road,
Building One, Austin, TX 78746.
FOR FURTHER INFORMATION CONTACT:
David J. Marcinkus, Senior Counsel, at
(202) 551–6882 or David P. Bartels,
Branch Chief, at (202) 551–6821
(Division of Investment Management,
Chief Counsel’s Office).
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 for 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 DFAIDG and DIG is
organized as a Maryland corporation,
and each of DFAITC and DEM is
organized as a Delaware statutory trust.
Each Trust, other than DEM, consists of
multiple series (each series or DEM, a
‘‘Fund,’’ and together, the ‘‘Funds’’).
One of the Funds, the DFA Short Term
Investment Fund (the ‘‘Short Term
Fund’’), is operated as a money market
fund in reliance on rule 2a–7 under the
Act (the Short Term Fund and any
future Funds that rely on rule 2a–7 are
the ‘‘Money Market Funds’’). The Funds
are registered with the Commission as
open-end management investment
companies. The Adviser, a Delaware
limited partnership, serves as
investment adviser to the Funds, and is
registered as an investment adviser
under the Investment Advisers Act of
1940 (‘‘Advisers Act’’).1
2. At any particular time, while some
Funds enter into repurchase agreements,
or invest their cash balances in money
1 Applicants request that the relief also apply to
any other open-end registered management
investment company advised by the Adviser or any
entity controlling, controlled by, or under common
control with the Adviser (such entity included in
the term ‘‘Adviser’’) that currently, or in the future,
is part of the same ‘‘group of investment
companies’’ as the Trusts, as defined in section
12(d)(1)(G)(ii) of the Act (included in the term
‘‘Trusts’’). All entities that currently intend to rely
on the requested order have been named as
applicants. Any other entity that relies on the
requested order in the future will comply with the
terms and conditions set forth in the application.
Any other Adviser will be registered as an
investment adviser under the Advisers Act. All
references to the term ‘‘Adviser’’ herein include
successors-in-interest to the Adviser. Successors-ininterest are limited to any entity resulting from a
reorganization of the Adviser into another
jurisdiction or a change in the type of business
organization.
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market funds or other short-term
instruments, other Funds may need to
borrow money for temporary purposes
to satisfy redemption requests, to cover
unanticipated cash shortfalls such as a
trade ‘‘fail’’ in which cash payment for
a security sold by a Fund has been
delayed, or for other temporary
purposes. The Trusts currently are
parties to two credit facilities (the ‘‘Loan
Agreements’’) that generally are
renegotiated annually. The Loan
Agreements each provide for $500
million, respectively, in uncommitted
lines of credit to the participating
Funds, and are furnished by the Funds’
two custodians.
3. Applicants state that, generally,
when a Fund borrows money under the
Loan Agreements, it pays interest on the
loan at a rate that is typically higher
than the rate that is earned by other
(non-borrowing) Funds on investments
in repurchase agreements, money
market funds, and other short-term
instruments of the same maturity as the
bank loan. Applicants assert that this
differential represents the profit earned
by the lender on loans and is not
attributable to any material difference in
the credit quality or risk of such
transactions.
4. The Trusts seek to enter into master
interfund lending agreements
(‘‘Interfund Lending Agreements’’) with
each other on behalf of the Funds that
would permit each Fund to lend money
directly to and borrow directly from
other Funds through a credit facility for
temporary purposes (an ‘‘Interfund
Loan’’). It is not anticipated that the
Money Market Funds will participate as
borrowers in the interfund lending
facility. Applicants state that the
proposed credit facility is expected to
both reduce the Funds’ potential
borrowing costs and enhance the ability
of the lending Funds to earn higher rates
of interest on their short-term lendings.
Although the proposed credit facility
would reduce the Funds’ need to
borrow from banks, the Funds would be
free to establish and maintain
committed lines of credit or other
borrowing arrangements with
unaffiliated banks.
5. Applicants anticipate that the
proposed credit facility would provide a
borrowing Fund with savings at times
when the cash position of the borrowing
Fund is insufficient to meet temporary
cash requirements. This situation could
arise when shareholder redemptions
exceed anticipated volumes and certain
Funds have insufficient cash on hand to
satisfy such redemptions. When the
Funds liquidate portfolio securities to
meet redemption requests, they often do
not receive payment in settlement for up
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Agencies
[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Pages 14310-14312]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05457]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Submission for OMB Review; Comment Request
Upon Written Request, Copies Available From: Securities and Exchange
[[Page 14311]]
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.
Extension:
Rule 17a-10, OMB Control No. 3235-0563, SEC File No. 270-507.
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'') 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\ Section 2(a)(3) of the Act
defines ``affiliated person'' of a fund to include its investment
advisers.\2\ Rule 17a-10 (17 CFR 270.17a-10) permits (i) a subadviser
\3\ of a fund to enter into transactions with funds the subadviser does
not advise but that are affiliated persons of a fund that it does
advise (e.g., other funds in the fund complex), and (ii) a subadviser
(and its affiliated persons) to enter into transactions and
arrangements with funds the subadviser does advise, but only with
respect to discrete portions of the subadvised fund for which the
subadviser does not provide investment advice.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 80a-17(a).
\2\ 15 U.S.C. 80a-2(a)(3)(E).
\3\ As defined in rule 17a-10(b)(2). 17 CFR 270.17a-10(b)(2).
---------------------------------------------------------------------------
To qualify for the exemptions in rule 17a-10, the subadvisory
relationship must be the sole reason why section 17(a) prohibits the
transaction. In addition, the advisory contracts of the subadviser
entering into the transaction, and any subadviser that is advising the
purchasing portion of the fund, must prohibit the subadvisers from
consulting with each other concerning securities transactions of the
fund, and limit their responsibility to providing advice with respect
to discrete portions of the fund's portfolio.\4\ 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. Section 2(a)(3) of the Act defines ``affiliated person'' of a
fund to include its investment advisers. Rule 17a-10 permits (i) a
subadviser of a fund to enter into transactions with funds the
subadviser does not advise but that are affiliated persons of a fund
that it does advise (e.g., other funds in the fund complex), and (ii) a
subadviser (and its affiliated persons) to enter into transactions and
arrangements with funds the subadviser does advise, but only with
respect to discrete portions of the subadvised fund for which the
subadviser does not provide investment advice.
---------------------------------------------------------------------------
\4\ 17 CFR 270.17a-10(a)(2).
---------------------------------------------------------------------------
To qualify for the exemptions in rule 17a-10, the subadvisory
relationship must be the sole reason why section 17(a) prohibits the
transaction. In addition, the advisory contracts of the subadviser
entering into the transaction, and any subadviser that is advising the
purchasing portion of the fund, must prohibit the subadvisers from
consulting with each other concerning securities transactions of the
fund, and limit their responsibility to providing advice with respect
to discrete portions of the fund's portfolio. This requirement
regarding the prohibitions and limitations in advisory contracts of
subadvisors relying on the rule constitutes a collection of information
under the Paperwork Reduction Act of 1995 (``PRA'').\5\
---------------------------------------------------------------------------
\5\ 44 U.S.C. 3501.
---------------------------------------------------------------------------
The staff assumes that all existing funds with subadvisory
contracts amended those contracts to comply with the adoption of rule
17a-10 in 2003, which conditioned certain exemptions upon these
contractual alterations, and therefore there is no continuing burden
for those funds.\6\ However, the staff assumes that all newly formed
subadvised funds, and funds that enter into new contracts with
subadvisers, will incur the one-time burden by amending their contracts
to add the terms required by the rule.
---------------------------------------------------------------------------
\6\ Transactions of Investment Companies With Portfolio and
Subadviser Affiliates, Investment Company Act Release No. 25888
(Jan. 14, 2003) [68 FR 3153, (Jan. 22, 2003)]. We assume that funds
formed after 2003 that intended to rely on rule 17a-10 would have
included the required provision as a standard element in their
initial subadvisory contracts.
---------------------------------------------------------------------------
Based on an analysis of fund filings, the staff estimates that
approximately 775 fund portfolios enter into new subadvisory agreements
each year. Based on discussions with industry representatives, the
staff estimates that it will require approximately 3 attorney hours to
draft and execute additional clauses in new subadvisory contracts in
order for funds and subadvisers to be able to rely on the exemptions in
rule 17a-10. Because these additional clauses are identical to the
clauses that a fund would need to insert in their subadvisory contracts
to rely on rules 10f-3, 12d3-1, and 17e-1, and because we believe that
funds that use one such rule generally use all of these rules, we
apportion this 3 hour time burden equally among all four rules.
Therefore, we estimate that the burden allocated to rule 17a-10 for
this contract change would be 0.75 hours.\7\ Assuming that all 775
funds that enter into new subadvisory contracts each year make the
modification to their contract required by the rule, we estimate that
the rule's contract modification requirement will result in 581 burden
hours annually, with an associated cost of approximately $220,199.\8\
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\7\ This estimate is based on the following calculation: 3 hours
/ 4 rules = 0.75 hours.
\8\ These estimates are based on the following calculations:
(0.75 hours x 775 portfolios = 581 burden hours); ($379 per hour x
581 hours = $220,199 total cost). The Commission's estimates
concerning the wage rates for attorney time are based on salary
information for the securities industry compiled by the Securities
Industry and Financial Markets Association. The estimated wage
figure is based on published rates for in-house attorneys, modified
to account for an 1,800-hour work-year and multiplied by 5.35 to
account for bonuses, firm size, employee benefits, and overhead,
yielding an effective hourly rate of $379. See Securities Industry
and Financial Markets Association, Report on Management &
Professional Earnings in the Securities Industry 2012.
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The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act. The estimate is not derived
from a comprehensive or even a representative survey or study of the
costs of Commission rules. Complying with this collection of
information requirement is necessary to obtain the benefit of relying
on rule 17a-10. Responses 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 currently valid OMB
control number.
The public may view the background documentation for this
information collection at the following Web site, 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 email to: Shagufta_Ahmed@omb.eop.gov; and (ii) Thomas Bayer, Chief Information Officer,
Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100 F Street
NE., Washington, DC 20549 or send an email to: PRA_Mailbox@sec.gov.
Comments must be submitted to OMB within 30 days of this notice.
[[Page 14312]]
Dated: March 7, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-05457 Filed 3-12-14; 8:45 am]
BILLING CODE 8011-01-P