82_FR_46305 82 FR 46115 - Proposed Collection; Comment Request

82 FR 46115 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 190 (October 3, 2017)

Page Range46115-46116
FR Document2017-21193

Federal Register, Volume 82 Issue 190 (Tuesday, October 3, 2017)
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Notices]
[Pages 46115-46116]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21193]


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

SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC 
20549-2736.

Extension:
    Rule 17g-1 and Form NRSRO, SEC File No. 270-563, OMB Control No. 
3235-0625.

    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 approval of extension of the 
previously approved collection of information provided for in Rule 17g-
1, Form NRSRO and Instructions to Form NRSRO under the Securities 
Exchange Act of 1934 (15 U.S.C. 78a et seq.).\1\
---------------------------------------------------------------------------

    \1\ See 17 CFR 240.17g-1 and 17 CFR 249b.300.
---------------------------------------------------------------------------

    Rule 17g-1, Form NRSRO and the Instructions to Form NRSRO contain 
certain recordkeeping and disclosure requirements for NRSROs. 
Currently,

[[Page 46116]]

there are 10 credit rating agencies registered as NRSROs with the 
Commission. Based on staff experience and comments received during the 
60-day comment period soliciting comments on this collection of 
information, the Commission estimates that the revised ongoing annual 
burden for respondents to comply with Rule 17g-1 and Form NRSRO is 
2,750 hours. In addition, the Commission estimates an industry-wide 
annual external cost to NRSROs of $4,000 to comply with the 
requirements.
    The Commission may not conduct or sponsor a collection of 
information unless it displays a currently valid OMB control number. No 
person shall be subject to any penalty for failing to comply with a 
collection of information subject to the PRA that does not display a 
valid OMB control number.
    Background documentation for this information collection may be 
viewed 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: 
[email protected]; and (ii) Pamela Dyson, Director/Chief 
Information Officer, Securities and Exchange Commission, c/o Remi 
Pavlik-Simon, 100 F St NE., Washington, DC 20549 or send an email to: 
[email protected]. Comments must be submitted to OMB within 30 days 
of this notice.

    Dated: September 27, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21193 Filed 10-2-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices                                                     46115

                                                    application, purchasers will be required                the limits of section 12(d)(1)(B) of the                Act if such exemption is necessary or
                                                    to purchase Creation Units by                           Act. The application’s terms and                        appropriate in the public interest and
                                                    depositing specified instruments                        conditions are designed to, among other                 consistent with the protection of
                                                    (‘‘Deposit Instruments’’), and                          things, help prevent any potential (i)                  investors and the purposes fairly
                                                    shareholders redeeming their shares                     undue influence over a Fund through                     intended by the policy and provisions of
                                                    will receive specified instruments                      control or voting power, or in                          the Act. Section 12(d)(1)(J) of the Act
                                                    (‘‘Redemption Instruments’’). The                       connection with certain services,                       provides that the Commission may
                                                    Deposit Instruments and the                             transactions, and underwritings, (ii)                   exempt any person, security, or
                                                    Redemption Instruments will each                        excessive layering of fees, and (iii)                   transaction, or any class or classes of
                                                    correspond pro rata to the positions in                 overly complex fund structures, which                   persons, securities, or transactions, from
                                                    the Fund’s portfolio (including cash                    are the concerns underlying the limits                  any provision of section 12(d)(1) if the
                                                    positions) except as specified in the                   in sections 12(d)(1)(A) and (B) of the                  exemption is consistent with the public
                                                    application.                                            Act.                                                    interest and the protection of investors.
                                                       4. Because shares will not be                           8. Applicants request an exemption                   Section 17(b) of the Act authorizes the
                                                    individually redeemable, applicants                     from sections 17(a)(1) and 17(a)(2) of the              Commission to grant an order
                                                    request an exemption from section                       Act to permit a person who is an                        permitting a transaction otherwise
                                                    5(a)(1) and section 2(a)(32) of the Act                 affiliated person, as defined in section                prohibited by section 17(a) if it finds
                                                    that would permit the Funds to register                 2(a)(3) of the Act (‘‘Affiliated Person’’),             that (a) the terms of the proposed
                                                    as open-end management investment                       or an affiliated person of an Affiliated                transaction are fair and reasonable and
                                                    companies and issue shares that are                     Person (‘‘Second-Tier Affiliate’’), of the              do not involve overreaching on the part
                                                    redeemable in Creation Units only.                      Funds, solely by virtue of certain                      of any person concerned; (b) the
                                                       5. Applicants also request an                        ownership interests, to effectuate                      proposed transaction is consistent with
                                                    exemption from section 22(d) of the Act                 purchases and redemptions in-kind. The                  the policies of each registered
                                                    and rule 22c–1 under the Act as                         deposit procedures for in-kind                          investment company involved; and (c)
                                                    secondary market trading in shares will                 purchases of Creation Units and the                     the proposed transaction is consistent
                                                    take place at negotiated prices, not at a               redemption procedures for in-kind                       with the general purposes of the Act.
                                                    current offering price described in a                   redemptions of Creation Units will be
                                                    Fund’s prospectus, and not at a price                   the same for all purchases and                            For the Commission, by the Division of
                                                    based on NAV. Applicants state that (a)                                                                         Investment Management, Under delegated
                                                                                                            redemptions and Deposit Instruments
                                                                                                                                                                    authority.
                                                    secondary market trading in shares does                 and Redemption Instruments will be
                                                    not involve a Fund as a party and will                  valued in the same manner as those                      Eduardo A. Aleman,
                                                    not result in dilution of an investment                 Portfolio Instruments currently held by                 Assistant Secretary.
                                                    in shares, and (b) to the extent different              the Funds. Applicants also seek relief                  [FR Doc. 2017–21228 Filed 10–2–17; 8:45 am]
                                                    prices exist during a given trading day,                from the prohibitions on affiliated                     BILLING CODE 8011–01–P
                                                    or from day to day, such variances occur                transactions in section 17(a) to permit a
                                                    as a result of third-party market forces,               Fund to sell its shares to and redeem its
                                                    such as supply and demand. Therefore,                   shares from a Fund of Funds, and to                     SECURITIES AND EXCHANGE
                                                    applicants assert that secondary market                 engage in the accompanying in-kind                      COMMISSION
                                                    transactions in shares will not lead to                 transactions with the Fund of Funds.2
                                                    discrimination or preferential treatment                The purchase of Creation Units by a                     Proposed Collection; Comment
                                                    among purchasers. Finally, applicants                   Fund of Funds directly from a Fund will                 Request
                                                    represent that share market prices will                 be accomplished in accordance with the                  Upon Written Request, Copies Available
                                                    be disciplined by arbitrage                             policies of the Fund of Funds and will                   From: Securities and Exchange
                                                    opportunities, which should prevent                     be based on the NAVs of the Funds.                       Commission, Office of FOIA Services,
                                                    shares from trading at a material                          9. Applicants also request relief to                  100 F Street NE., Washington, DC
                                                    discount or premium from NAV.                           permit a Feeder Fund to acquire shares
                                                                                                                                                                     20549–2736.
                                                       6. With respect to Funds that hold                   of another registered investment
                                                    non-U.S. Portfolio Instruments and that                 company managed by the Adviser                          Extension:
                                                    effect creations and redemptions of                     having substantially the same                             Rule 17g–1 and Form NRSRO, SEC File No.
                                                    Creation Units in kind, applicants                      investment objectives as the Feeder                         270–563, OMB Control No. 3235–0625.
                                                    request relief from the requirement                     Fund (‘‘Master Fund’’) beyond the                          Notice is hereby given that pursuant
                                                    imposed by section 22(e) in order to                    limitations in section 12(d)(1)(A) and                  to the Paperwork Reduction Act of 1995
                                                    allow such Funds to pay redemption                      permit the Master Fund, and any                         (44 U.S.C. 3501 et seq.), the Securities
                                                    proceeds within fifteen calendar days                   principal underwriter for the Master                    and Exchange Commission
                                                    following the tender of Creation Units                  Fund, to sell shares of the Master Fund                 (‘‘Commission’’) has submitted to the
                                                    for redemption. Applicants assert that                  to the Feeder Fund beyond the                           Office of Management and Budget
                                                    the requested relief would not be                       limitations in section 12(d)(1)(B).                     (‘‘OMB’’) a request for approval of
                                                    inconsistent with the spirit and intent of                 10. Section 6(c) of the Act permits the              extension of the previously approved
                                                    section 22(e) to prevent unreasonable,                  Commission to exempt any persons or                     collection of information provided for in
                                                    undisclosed or unforeseen delays in the                 transactions from any provision of the                  Rule 17g–1, Form NRSRO and
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    actual payment of redemption proceeds.                                                                          Instructions to Form NRSRO under the
                                                       7. Applicants request an exemption to                   2 The requested relief would apply to direct sales
                                                                                                                                                                    Securities Exchange Act of 1934 (15
                                                    permit Funds of Funds to acquire Fund                   of shares in Creation Units by a Fund to a Fund of
                                                                                                            Funds and redemptions of those shares. Applicants,
                                                                                                                                                                    U.S.C. 78a et seq.).1
                                                    shares beyond the limits of section                     moreover, are not seeking relief from section 17(a)        Rule 17g–1, Form NRSRO and the
                                                    12(d)(1)(A) of the Act; and the Funds,                  for, and the requested relief will not apply to,        Instructions to Form NRSRO contain
                                                    and any principal underwriter for the                   transactions where a Fund could be deemed an            certain recordkeeping and disclosure
                                                                                                            Affiliated Person, or a Second-Tier Affiliate, of a
                                                    Funds, and/or any broker or dealer                      Fund of Funds because an investment adviser to the
                                                                                                                                                                    requirements for NRSROs. Currently,
                                                    registered under the Exchange Act, to                   Funds is also an investment adviser to a Fund of
                                                    sell shares to Funds of Funds beyond                    Funds.                                                    1 See   17 CFR 240.17g–1 and 17 CFR 249b.300.



                                               VerDate Sep<11>2014   16:49 Oct 02, 2017   Jkt 244001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\03OCN1.SGM      03OCN1


                                                    46116                        Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Notices

                                                    there are 10 credit rating agencies                     exemption from sections 17(a)(1) and                  hearing on the matter, the reason for the
                                                    registered as NRSROs with the                           17(a)(2) of the Act, and under section                request, and the issues contested.
                                                    Commission. Based on staff experience                   12(d)(1)(J) for an exemption from                     Persons who wish to be notified of a
                                                    and comments received during the 60-                    sections 12(d)(1)(A) and 12(d)(1)(B) of               hearing may request notification by
                                                    day comment period soliciting                           the Act. The requested order would                    writing to the Commission’s Secretary.
                                                    comments on this collection of                          permit (a) index-based series of certain              ADDRESSES: Secretary, Securities and
                                                    information, the Commission estimates                   open-end management investment                        Exchange Commission, 100 F Street NE.,
                                                    that the revised ongoing annual burden                  companies (‘‘Funds’’) to issue shares                 Washington, DC 20549–1090;
                                                    for respondents to comply with Rule                     redeemable in large aggregations                      Applicants: Devin F. Sullivan, Esq.,
                                                    17g–1 and Form NRSRO is 2,750 hours.                    (‘‘Creation Units’’); (b) secondary market            Wells Fargo Funds Management, LLC,
                                                    In addition, the Commission estimates                   transactions in Fund shares to occur at               45 Fremont Street, 26th Floor, San
                                                    an industry-wide annual external cost to                negotiated market prices rather than at               Francisco, CA 94105.
                                                    NRSROs of $4,000 to comply with the                     net asset value (‘‘NAV’’); (c) certain                FOR FURTHER INFORMATION CONTACT:
                                                    requirements.                                           Funds to pay redemption proceeds,                     Laura L. Solomon, Senior Counsel, at
                                                      The Commission may not conduct or                     under certain circumstances, more than                (202) 551–6915, or Daniele Marchesani,
                                                    sponsor a collection of information                     seven days after the tender of shares for             Assistant Chief Counsel at (202) 551–
                                                    unless it displays a currently valid OMB                redemption; (d) certain affiliated                    6821 (Division of Investment
                                                    control number. No person shall be                      persons of a Fund to deposit securities               Management, Chief Counsel’s Office).
                                                    subject to any penalty for failing to                   into, and receive securities from, the
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: The
                                                    comply with a collection of information                 Fund in connection with the purchase
                                                                                                                                                                  following is a summary of the
                                                    subject to the PRA that does not display                and redemption of Creation Units; (e)
                                                                                                                                                                  application. The complete application
                                                    a valid OMB control number.                             certain registered management
                                                                                                            investment companies and unit                         may be obtained via the Commission’s
                                                      Background documentation for this                                                                           Web site by searching for the file
                                                    information collection may be viewed at                 investment trusts outside of the same
                                                                                                            group of investment companies as the                  number, or for an applicant using the
                                                    the following Web site:                                                                                       Company name box, at http://
                                                    www.reginfo.gov. Comments should be                     Funds (‘‘Funds of Funds’’) to acquire
                                                                                                            shares of the Funds; (f) certain Funds                www.sec.gov/search/search.htm or by
                                                    directed to: (i) Desk Officer for the                                                                         calling (202) 551–8090.
                                                    Securities and Exchange Commission,                     (‘‘Feeder Funds’’) to create and redeem
                                                    Office of Information and Regulatory                    Creation Units in-kind in a master-                   Summary of the Application
                                                    Affairs, Office of Management and                       feeder structure; and (g) certain Funds                 1. Applicants request an order that
                                                    Budget, Room 10102, New Executive                       to issue Shares in less than Creation                 would allow Funds to operate as index-
                                                    Office Building, Washington, DC 20503,                  Unit size to investors participating in a             based exchange traded funds (‘‘ETFs’’).1
                                                    or by sending an email to: Shagufta_                    distribution reinvestment program.
                                                                                                                                                                  Fund shares will be purchased and
                                                    Ahmed@omb.eop.gov; and (ii) Pamela                         Applicants: Wells Fargo Exchange-
                                                                                                                                                                  redeemed at their NAV in Creation
                                                    Dyson, Director/Chief Information                       Traded Funds Trust (the ‘‘Trust’’), a
                                                                                                            Delaware statutory trust, which will                  Units (other than pursuant to a
                                                    Officer, Securities and Exchange                                                                              distribution reinvestment program), as
                                                    Commission, c/o Remi Pavlik-Simon,                      register under the Act as an open-end
                                                                                                            management investment company with                    described in the application. All orders
                                                    100 F St NE., Washington, DC 20549 or                                                                         to purchase Creation Units and all
                                                    send an email to: PRA_Mailbox@                          multiple series, Wells Fargo Funds
                                                                                                            Management, LLC (the ‘‘Initial                        redemption requests will be placed by
                                                    sec.gov. Comments must be submitted to                                                                        or through an ‘‘Authorized Participant’’,
                                                    OMB within 30 days of this notice.                      Adviser’’), a Delaware limited liability
                                                                                                            company registered as an investment                   which will have signed a participant
                                                      Dated: September 27, 2017.                            adviser under the Investment Advisers                 agreement with the Distributor. Shares
                                                    Eduardo A. Aleman,                                      Act of 1940, and Wells Fargo Funds                    will be listed and traded individually on
                                                    Assistant Secretary.                                    Distributor, LLC (the ‘‘Initial                       a national securities exchange, where
                                                    [FR Doc. 2017–21193 Filed 10–2–17; 8:45 am]             Distributor’’), a Delaware limited                    share prices will be based on the current
                                                                                                            liability company (together with any                  bid/offer market. Certain Funds may
                                                    BILLING CODE 8011–01–P
                                                                                                            future distributor, the ‘‘Distributor’’).             operate as Feeder Funds in a master-
                                                                                                               Filing Dates: The application was                  feeder structure. Any order granting the
                                                    SECURITIES AND EXCHANGE                                 filed on August 5, 2016, and amended                  requested relief would be subject to the
                                                    COMMISSION                                              on December 2, 2016, April 19, 2017,                  terms and conditions stated in the
                                                                                                            and September 15, 2017.                               application.
                                                    [Investment Company Act Release No.                        Hearing or Notification of Hearing: An               2. Each Fund will hold investment
                                                    32836; 812–14681]                                                                                             positions selected to correspond closely
                                                                                                            order granting the requested relief will
                                                                                                            be issued unless the Commission orders                to the performance of an Underlying
                                                    Wells Fargo Exchange-Traded Funds                                                                             Index. In the case of Self-Indexing
                                                    Trust, et al.                                           a hearing. Interested persons may
                                                                                                            request a hearing by writing to the
                                                                                                                                                                     1 Applicants request that the order apply to the
                                                    September 27, 2017.                                     Commission’s Secretary and serving
                                                                                                                                                                  initial fund and any additional series of the Trust,
                                                    AGENCY: Securities and Exchange                         applicants with a copy of the request,                and any other existing or future open-end
                                                    Commission (‘‘Commission’’).                            personally or by mail. Hearing requests               management investment company or existing or
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    ACTION: Notice.                                         should be received by the Commission                  future series thereof (each, included in the term
                                                                                                            by 5:30 p.m. on October 23, 2017, and                 ‘‘Fund’’), each of which will operate as an ETF, and
                                                                                                                                                                  their respective existing or future master funds, and
                                                      Notice of an application for an order                 should be accompanied by proof of                     will track a specified index comprised of domestic
                                                    under section 6(c) of the Investment                    service on applicants, in the form of an              and/or foreign equity securities and/or domestic
                                                    Company Act of 1940 (the ‘‘Act’’) for an                affidavit, or for lawyers, a certificate of           and/or foreign fixed income securities (each, an
                                                    exemption from sections 2(a)(32),                       service. Pursuant to rule 0–5 under the               ‘‘Underlying Index’’). Any Fund will (a) be advised
                                                                                                                                                                  by the Initial Adviser or an entity controlling,
                                                    5(a)(1), 22(d), and 22(e) of the Act and                Act, hearing requests should state the                controlled by, or under common control with the
                                                    rule 22c–1 under the Act, under                         nature of the writer’s interest, any facts            Initial Adviser (each, an ‘‘Adviser’’) and (b) comply
                                                    sections 6(c) and 17(b) of the Act for an               bearing upon the desirability of a                    with the terms and conditions of the application.



                                               VerDate Sep<11>2014   16:49 Oct 02, 2017   Jkt 244001   PO 00000   Frm 00083   Fmt 4703   Sfmt 4703   E:\FR\FM\03OCN1.SGM   03OCN1



Document Created: 2017-10-03 01:01:49
Document Modified: 2017-10-03 01:01:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 46115 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR