Deregistration Under Section 8(f) of the Investment Company Act of 1940, 72444-72445 [2024-19978]

Download as PDF 72444 Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices are available at www.prc.gov, Docket Nos. MC2024–553, CP2024–561. Sean C. Robinson, Attorney, Corporate and Postal Business Law. [FR Doc. 2024–19992 Filed 9–4–24; 8:45 am] BILLING CODE 7710–12–P POSTAL SERVICE Product Change—Priority Mail Express, Priority Mail, and USPS Ground Advantage® Negotiated Service Agreement Postal ServiceTM. ACTION: Notice. AGENCY: The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule’s Competitive Products List. DATES: Date of required notice: September 5, 2024. FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202–268–8405. SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on August 23, 2024, it filed with the Postal Regulatory Commission a USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 244 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2024–545, CP2024–553. SUMMARY: Sean C. Robinson, Attorney, Corporate and Postal Business Law. [FR Doc. 2024–19988 Filed 9–4–24; 8:45 am] BILLING CODE 7710–12–P [Investment Company Act Release No. 35311] Deregistration Under Section 8(f) of the Investment Company Act of 1940 August 30, 2024. Securities and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’) ACTION: Notice of Applications for Deregistration under Section 8(f) of the Investment Company Act of 1940. khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: The following is a notice of applications for deregistration under section 8(f) of the Investment Company Act of 1940 for the month of August 2024. A copy of each application may be obtained via the Commission’s website 22:19 Sep 04, 2024 Jkt 262001 The Commission: Secretarys-Office@sec.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Shawn Davis, Assistant Director, at (202) 551–6413 or Chief Counsel’s Office at (202) 551–6821; SEC, Division of Investment Management, Chief Counsel’s Office, 100 F Street NE, Washington, DC 20549–8010. First Trust New Opportunities MLP & Energy Fund [File No. 811–22902] SECURITIES AND EXCHANGE COMMISSION VerDate Sep<11>2014 by searching for the applicable file number listed below, or for an applicant using the Company name search field, on the SEC’s EDGAR system. The SEC’s EDGAR system may be searched at https://www.sec.gov/edgar/searchedgar/ legacy/companysearch.html. You may also call the SEC’s Public Reference Room at (202) 551–8090. An order granting each application will be issued unless the SEC orders a hearing. Interested persons may request a hearing on any application by emailing the SEC’s Secretary at SecretarysOffice@sec.gov and serving the relevant applicant with a copy of the request by email, if an email address is listed for the relevant applicant below, or personally or by mail, if a physical address is listed for the relevant applicant below. Hearing requests should be received by the SEC by 5:30 p.m. on September 24, 2024, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to Rule 0–5 under the Act, hearing requests should state the nature of the writer’s interest, any facts bearing upon the desirability of a hearing on the matter, 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 at SecretarysOffice@sec.gov. Summary: Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. The applicant has transferred its assets to FT Energy Income Partners Enhanced Income ETF, a series of First Trust Exchange-Traded Fund VIII, and on May 6, 2024, made a final distribution to its shareholders based on net asset value. Expenses of $298,250 incurred in connection with the reorganization were paid by the applicant. Filing Date: The application was filed on August 5, 2024. Applicant’s Address: 120 East Liberty Drive, Suite 400, Wheaton, Illinois 60187. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 First Trust Energy Infrastructure Fund [File No. 811–22528] Summary: Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. The applicant has transferred its assets to FT Energy Income Partners Enhanced Income ETF, a series of First Trust Exchange-Traded Fund VIII, and on May 6, 2024, made a final distribution to its shareholders based on net asset value. Expenses of $383,391 incurred in connection with the reorganization were paid by the applicant. Filing Date: The application was filed on August 5, 2024. Applicant’s Address: 120 East Liberty Drive, Suite 400, Wheaton, Illinois 60187. First Trust/abrdn Emerging Opportunity Fund [File No. 811–21905] Summary: Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. On December 8, 2022, applicant made liquidating distributions to its shareholders based on net asset value. Expenses of $57,194 incurred in connection with the liquidation were paid by the applicant’s investment adviser. Filing Date: The application was filed on August 5, 2024. Applicant’s Address: 120 East Liberty Drive, Suite 400, Wheaton, Illinois 60187. First Trust Energy Income & Growth Fund [File No. 811–21549] Summary: Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. The applicant has transferred its assets to FT Energy Income Partners Enhanced Income ETF, a series of First Trust Exchange-Traded Fund VIII, and on May 6, 2024, made a final distribution to its shareholders based on net asset value. Expenses of $488,150 incurred in connection with the reorganization were paid by the applicant. Filing Date: The application was filed on August 5, 2024. Applicant’s Address: 120 East Liberty Drive, Suite 400, Wheaton, Illinois 60187. First Trust MLP & Energy Income Fund [File No. 811–22738] Summary: Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. The applicant has transferred its assets to FT Energy Income Partners Enhanced Income ETF, a series of First Trust Exchange-Traded E:\FR\FM\05SEN1.SGM 05SEN1 Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices Fund VIII, and on May 6, 2024, made a final distribution to its shareholders based on net asset value. Expenses of $607,659 incurred in connection with the reorganization were paid by the applicant. Filing Date: The application was filed on August 5, 2024. Applicant’s Address: 120 East Liberty Drive, Suite 400, Wheaton, Illinois 60187. Hatteras Lower Middle Market Buyouts Fund [File No. 811–23827] Summary: Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. Applicant has never made a public offering of its securities and does not propose to make a public offering or engage in business of any kind. Filing Date: The application was filed on July 30, 2024. Applicant’s Address: 8510 Colonnade Center Drive, Suite 150, Raleigh, North Carolina 27615. Tailwind Endowment Alternatives Fund [File No. 811–23804] Summary: Applicant, a closed-end investment company, seeks an order declaring that it has ceased to be an investment company. Applicant has never made a public offering of its securities and does not propose to make a public offering or engage in business of any kind. Filing Date: The application was filed on July 30, 2024. Applicant’s Address: 8510 Colonnade Center Drive, Suite 150, Raleigh, North Carolina 27615. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Sherry R. Haywood, Assistant Secretary. [FR Doc. 2024–19978 Filed 9–4–24; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION khammond on DSKJM1Z7X2PROD with NOTICES [SEC File No. 270–526, OMB Control No. 3235–0584] Submission for OMB Review; Comment Request; Extension: Rule 12d1–1 1 See Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 20549–2736 Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 VerDate Sep<11>2014 22:19 Sep 04, 2024 Jkt 262001 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (the ‘‘Commission’’) has submitted to the Office of Management and Budget a request for extension of the previously approved collection of information discussed below. An investment company (‘‘fund’’) is generally limited in the amount of securities the fund (‘‘acquiring fund’’) can acquire from another fund (‘‘acquired fund’’). Section 12(d) of the Investment Company Act of 1940 (the ‘‘Investment Company Act’’ or ‘‘Act’’) 1 provides that a registered fund (and companies it controls) cannot: • acquire more than three percent of another fund’s securities; • invest more than five percent of its own assets in another fund; or • invest more than ten percent of its own assets in other funds in the aggregate.2 In addition, a registered open-end fund, its principal underwriter, and any registered broker or dealer cannot sell that fund’s shares to another fund if, as a result: • the acquiring fund (and any companies it controls) owns more than three percent of the acquired fund’s stock; or • all acquiring funds (and companies they control) in the aggregate own more than ten percent of the acquired fund’s stock.3 Rule 12d1–1 under the Act provides an exemption from these limitations for ‘‘cash sweep’’ arrangements in which a fund invests all or a portion of its available cash in a money market fund rather than directly in short-term instruments.4 An acquiring fund relying on the exemption may not pay a sales load, distribution fee, or service fee on acquired fund shares, or if it does, the acquiring fund’s investment adviser must waive a sufficient amount of its advisory fee to offset the cost of the loads or distribution fees.5 The acquired fund may be a fund in the same fund complex or in a different fund complex. In addition to providing an exemption from section 12(d)(1) of the Act, the rule provides exemptions from section 17(a) of the Act and rule 17d–1 thereunder, which restrict a fund’s ability to enter into transactions and joint arrangements with affiliated persons.6 These 15 U.S.C. 80a. 15 U.S.C. 80a–12(d)(1)(A). If an acquiring fund is not registered, these limitations apply only with respect to the acquiring fund’s acquisition of registered funds. 3 See 15 U.S.C. 80a–12(d)(1)(B). 4 See 17 CFR 270.12d1–1. 5 See rule 12d1–1(b)(1). 6 See 15 U.S.C. 80a–17(a), 15 U.S.C. 80a–17(d); 17 CFR 270.17d–1. 2 See PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 72445 provisions would otherwise prohibit an acquiring fund from investing in a money market fund in the same fund complex,7 and prohibit a fund that acquires five percent or more of the securities of a money market fund in another fund complex from making any additional investments in the money market fund.8 The rule also permits a registered fund to rely on the exemption to invest in an unregistered money market fund that limits its investments to those in which a registered money market fund may invest under rule 2a–7 under the Act, and undertakes to comply with all the other provisions of rule 2a–7.9 In addition, the acquiring fund must reasonably believe that the unregistered money market fund (i) operates in compliance with rule 2a–7, (ii) complies with sections 17(a), (d), (e), 18, and 22(e) of the Act 10 as if it were a registered open-end fund, (iii) has adopted procedures designed to ensure that it complies with these statutory provisions, (iv) maintains the records required by rules 31a–1(b)(1), 31a– 1(b)(2)(ii), 31a–1(b)(2)(iv), and 31a– 1(b)(9); 11 and (v) preserves permanently, the first two years in an easily accessible place, all books and records required to be made under these rules. Rule 2a–7 contains certain collection of information requirements. An unregistered money market fund that complies with rule 2a–7 would be subject to these collection of information requirements. In addition, the recordkeeping requirements under rule 31a–1 with which the acquiring 7 An affiliated person of a fund includes any person directly or indirectly controlling, controlled by, or under common control with such other person; see 15 U.S.C. 80a–2(a)(3) (definition of ‘‘affiliated person’’); most funds today are organized by an investment adviser that advises or provides administrative services to other funds in the same complex; funds in a fund complex are generally under common control of an investment adviser or other person exercising a controlling influence over the management or policies of the funds; see 15 U.S.C. 80a–2(a)(9) (definition of ‘‘control’’); not all advisers control funds they advise; the determination of whether a fund is under the control of its adviser, officers, or directors depends on all the relevant facts and circumstances; see Investment Company Mergers, Investment Company Act Release No. 25259 (Nov. 8, 2001) [66 FR 57602 (Nov. 15, 2001)], at n.11; to the extent that an acquiring fund in a fund complex is under common control with a money market fund in the same complex, the funds would rely on the rule’s exemptions from section 17(a) and rule 17d–1. 8 See 15 U.S.C. 80a–2(a)(3)(A), (B). 9 See 17 CFR 270.2a–7. 10 See 15 U.S.C. 80a–17(a), 15 U.S.C. 80a–17(d), 15 U.S.C. 80a–17(e), 15 U.S.C. 80a–18, 15 U.S.C. 80a–22(e). 11 See 17 CFR 270.31a–1(b)(1), 17 CFR 270.31a– 1(b)(2)(ii), 17 CFR 270.31a–1(b)(2) (iv), 17 CFR 270.31a–1(b)(9). E:\FR\FM\05SEN1.SGM 05SEN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Notices]
[Pages 72444-72445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19978]


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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 35311]


Deregistration Under Section 8(f) of the Investment Company Act 
of 1940

August 30, 2024.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'')

ACTION: Notice of Applications for Deregistration under Section 8(f) of 
the Investment Company Act of 1940.

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

    The following is a notice of applications for deregistration under 
section 8(f) of the Investment Company Act of 1940 for the month of 
August 2024. A copy of each application may be obtained via the 
Commission's website by searching for the applicable file number listed 
below, or for an applicant using the Company name search field, on the 
SEC's EDGAR system. The SEC's EDGAR system may be searched at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also 
call the SEC's Public Reference Room at (202) 551-8090. An order 
granting each application will be issued unless the SEC orders a 
hearing. Interested persons may request a hearing on any application by 
emailing the SEC's Secretary at [email protected] and serving 
the relevant applicant with a copy of the request by email, if an email 
address is listed for the relevant applicant below, or personally or by 
mail, if a physical address is listed for the relevant applicant below. 
Hearing requests should be received by the SEC by 5:30 p.m. on 
September 24, 2024, and should be accompanied by proof of service on 
applicants, in the form of an affidavit or, for lawyers, a certificate 
of service. Pursuant to Rule 0-5 under the Act, hearing requests should 
state the nature of the writer's interest, any facts bearing upon the 
desirability of a hearing on the matter, 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 at 
[email protected].

ADDRESSES: The Commission: [email protected].

FOR FURTHER INFORMATION CONTACT: Shawn Davis, Assistant Director, at 
(202) 551-6413 or Chief Counsel's Office at (202) 551-6821; SEC, 
Division of Investment Management, Chief Counsel's Office, 100 F Street 
NE, Washington, DC 20549-8010.

First Trust New Opportunities MLP & Energy Fund [File No. 811-22902]

    Summary: Applicant, a closed-end investment company, seeks an order 
declaring that it has ceased to be an investment company. The applicant 
has transferred its assets to FT Energy Income Partners Enhanced Income 
ETF, a series of First Trust Exchange-Traded Fund VIII, and on May 6, 
2024, made a final distribution to its shareholders based on net asset 
value. Expenses of $298,250 incurred in connection with the 
reorganization were paid by the applicant.
    Filing Date: The application was filed on August 5, 2024.
    Applicant's Address: 120 East Liberty Drive, Suite 400, Wheaton, 
Illinois 60187.

First Trust Energy Infrastructure Fund [File No. 811-22528]

    Summary: Applicant, a closed-end investment company, seeks an order 
declaring that it has ceased to be an investment company. The applicant 
has transferred its assets to FT Energy Income Partners Enhanced Income 
ETF, a series of First Trust Exchange-Traded Fund VIII, and on May 6, 
2024, made a final distribution to its shareholders based on net asset 
value. Expenses of $383,391 incurred in connection with the 
reorganization were paid by the applicant.
    Filing Date: The application was filed on August 5, 2024.
    Applicant's Address: 120 East Liberty Drive, Suite 400, Wheaton, 
Illinois 60187.

First Trust/abrdn Emerging Opportunity Fund [File No. 811-21905]

    Summary: Applicant, a closed-end investment company, seeks an order 
declaring that it has ceased to be an investment company. On December 
8, 2022, applicant made liquidating distributions to its shareholders 
based on net asset value. Expenses of $57,194 incurred in connection 
with the liquidation were paid by the applicant's investment adviser.
    Filing Date: The application was filed on August 5, 2024.
    Applicant's Address: 120 East Liberty Drive, Suite 400, Wheaton, 
Illinois 60187.

First Trust Energy Income & Growth Fund [File No. 811-21549]

    Summary: Applicant, a closed-end investment company, seeks an order 
declaring that it has ceased to be an investment company. The applicant 
has transferred its assets to FT Energy Income Partners Enhanced Income 
ETF, a series of First Trust Exchange-Traded Fund VIII, and on May 6, 
2024, made a final distribution to its shareholders based on net asset 
value. Expenses of $488,150 incurred in connection with the 
reorganization were paid by the applicant.
    Filing Date: The application was filed on August 5, 2024.
    Applicant's Address: 120 East Liberty Drive, Suite 400, Wheaton, 
Illinois 60187.

First Trust MLP & Energy Income Fund [File No. 811-22738]

    Summary: Applicant, a closed-end investment company, seeks an order 
declaring that it has ceased to be an investment company. The applicant 
has transferred its assets to FT Energy Income Partners Enhanced Income 
ETF, a series of First Trust Exchange-Traded

[[Page 72445]]

Fund VIII, and on May 6, 2024, made a final distribution to its 
shareholders based on net asset value. Expenses of $607,659 incurred in 
connection with the reorganization were paid by the applicant.
    Filing Date: The application was filed on August 5, 2024.
    Applicant's Address: 120 East Liberty Drive, Suite 400, Wheaton, 
Illinois 60187.

Hatteras Lower Middle Market Buyouts Fund [File No. 811-23827]

    Summary: Applicant, a closed-end investment company, seeks an order 
declaring that it has ceased to be an investment company. Applicant has 
never made a public offering of its securities and does not propose to 
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on July 30, 2024.
    Applicant's Address: 8510 Colonnade Center Drive, Suite 150, 
Raleigh, North Carolina 27615.

Tailwind Endowment Alternatives Fund [File No. 811-23804]

    Summary: Applicant, a closed-end investment company, seeks an order 
declaring that it has ceased to be an investment company. Applicant has 
never made a public offering of its securities and does not propose to 
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on July 30, 2024.
    Applicant's Address: 8510 Colonnade Center Drive, Suite 150, 
Raleigh, North Carolina 27615.

    For the Commission, by the Division of Investment Management, 
pursuant to delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-19978 Filed 9-4-24; 8:45 am]
BILLING CODE 8011-01-P

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