Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 32925 

[FR Doc. 2018–15079 Filed 7–13–18; 8:45 am] 

BILLING CODE 7590–01–P 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

Privacy Act of 1974; System of 

Records. 

AGENCY: Occupational Safety and Health 

Review Commission. 

ACTION: Rescindment of System of 

Records Notices. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Occupational 

Safety and Health Review Commission 

(OSHRC) is rescinding the Privacy Act 

system-of-records notices for following 

systems of records: Travel Records, 

OSHRC–1; and Mailing Lists for News 

Releases, Speeches, Booklets, Reports, 

OSHRC–2. 

DATES: Comments must be received by 

OSHRC on or before August 15, 2018. 

The rescindment of OSHRC–1 and 

OSHRC–2 will become effective on that 

date, without any further notice in the 

Federal Register, unless comments or 

government approval procedures 

necessitate otherwise. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: rbailey@oshrc.gov. Include 

‘‘PRIVACY ACT SYSTEM OF 

RECORDS’’ in the subject line of the 

message. 

• Fax: (202) 606–5417. 

• Mail: One Lafayette Centre, 1120 

20th Street NW, Ninth Floor, 

Washington, DC 20036–3457. 

• Hand Delivery/Courier: Same as 

mailing address. 

Instructions: All submissions must 

include your name, return address, and 

email address, if applicable. Please 

clearly label submissions as ‘‘PRIVACY 

ACT SYSTEM OF RECORDS.’’ 

FOR FURTHER INFORMATION CONTACT: Ron 

Bailey, Attorney-Advisor, Office of the 

General Counsel, via telephone at (202) 

606–5410, or via email at rbailey@

oshrc.gov. 

SUPPLEMENTARY INFORMATION: Following 

OSHRC’s review of its systems of 

records, the agency is rescinding two of 

its system-of-records notices: (1) Travel 

Records, OSHRC–1; and (2) Mailing 

Lists for News Releases, Speeches, 

Booklets, Reports, OSHRC–2. 

The records included in OSHRC–1 are 

fully covered by the following Privacy 

Act notices for governmentwide systems 

of records: GSA/GOVT–4, see 74 FR 

26700, July 6, 2009, and GSA/GOVT–3, 

see 78 FR 20108, May 3, 2013. OSHRC– 

1 is therefore being rescinded to avoid 

duplicative notices. 

Additionally, based on a 

comprehensive review of OSHRC’s 

records, the agency has determined that 

mailing lists for news releases, 

speeches, booklets, and reports are no 

longer maintained by the agency. As 

this system of records, OSHRC–2, no 

longer exists, its notice is being 

rescinded. 

The notices rescinding OSHRC–1 and 

OSHRC–2 are as follows. 

OSHRC–1 

SYSTEM NAME AND NUMBER: 

Travel Records, OSHRC–1. 

HISTORY: 

April 14, 2006, 71 FR 19556; August 

4, 2008, 73 FR 45256; October 5, 2015, 

80 FR 60182; and September 28, 2017, 

82 FR 45324. 

OSHRC–2 

SYSTEM NAME AND NUMBER: 

Mailing Lists for News Releases, 

Speeches, Booklets, Reports, OSHRC–2. 

HISTORY: 

April 14, 2006, 71 FR 19556; August 

4, 2008, 73 FR 45256; October 5, 2015, 

80 FR 60182; and September 28, 2017, 

82 FR 45324. 

Dated: July 9, 2018. 

Nadine N. Mancini, 

General Counsel, Senior Agency Official for 

Privacy. 

[FR Doc. 2018–15069 Filed 7–13–18; 8:45 am] 

BILLING CODE 7600–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

33156; 812–14884] 

DMS ETF Trust I, et al. 

July 10, 2018. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice. 

Notice of an application under section 

6(c) of the Investment Company Act of 

1940 (‘‘Act’’) for an exemption from 

section 15(a) of the Act and rule 18f–2 

under the Act, as well as from certain 

disclosure requirements in rule 20a–1 

under the Act, Item 19(a)(3) of Form N– 

1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 

22(c)(8) and 22(c)(9) of Schedule 14A 

under the Securities Exchange Act of 

1934, and sections 6–07(2)(a), (b), and 

(c) of Regulation S–X (‘‘Disclosure 

Requirements’’). The requested 

exemption would permit an investment 

adviser to hire and replace certain subadvisers without shareholder approval 

and grant relief from the Disclosure 

Requirements as they relate to fees paid 

to the sub-advisers. 

APPLICANTS: DMS ETF Trust I, DMS ETF 

Trust II, and DMS Mutual Fund Trust 

(each, a ‘‘Trust’’ and collectively, the 

‘‘Trusts’’), each a Delaware statutory 

trust that will be registered under the 

Act as an open-end management 

investment company, and DMS ETF 

Solutions, LLC (the ‘‘Initial Adviser’’), a 

Delaware limited liability company that 

will be registered as an investment 

adviser under the Investment Advisers 

Act of 1940 (collectively with the 

Trusts, the ‘‘Applicants’’). 

FILING DATES: The application was filed 

on March 12, 2018. 

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 August 6, 2018, and 

should be accompanied by proof of 

service on the 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. 

ADDRESSES: Secretary, U.S. Securities 

and Exchange Commission, 100 F Street 

NE, Washington, DC 20549–1090. 

Applicants, 130 West 42nd Street, Ste. 

1050, New York, NY 10036. 

FOR FURTHER INFORMATION CONTACT: 

Christine Y. Greenlees, Senior Counsel, 

at (202) 551–6879, or Andrea 

Ottomanelli Magovern, 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 

website by searching for the file 

number, or an applicant using the 

Company name box, at http://

www.sec.gov/search/search.htm or by 

calling (202) 551–8090. 

Summary of the Application 

1. An Adviser will serve as the 

investment adviser to each Subadvised 

Series pursuant to an investment 

advisory agreement with the applicable 

Trust (the ‘‘Investment Management 


sradovich on DSK3GMQ082PROD with NOTICES
32926 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 

1Applicants request relief with respect to the 

named Applicants, as well as to any future series 

of the Trusts and any other registered open-end 

management investment company or series thereof 

that: (a) Is advised by the Initial Adviser, its 

successors, or any entity controlling, controlled by 

or under common control with the Initial Adviser 

or its successors (each, an ‘‘Adviser’’); (b) uses the 

multi-manager structure described in the 

application; and (c) complies with the terms and 

conditions set forth in the application (each, a 

‘‘Subadvised Series’’). For purposes of the requested 

order, ‘‘successor’’ is limited to an entity that 

results from a reorganization into another 

jurisdiction or a change in the type of business 

organization. 

2A ‘‘Sub-Adviser’’ for a Subadvised Series is (1) 

an indirect or direct ‘‘wholly-owned subsidiary’’ (as 

such term is defined in the Act) of the Adviser for 

that Subadvised Series, or (2) a sister company of 

the Adviser for that Subadvised Series that is an 

indirect or direct ‘‘wholly-owned subsidiary’’ of the 

same company that, indirectly or directly, wholly 

owns the Adviser (each of (1) and (2) a ‘‘WhollyOwned Sub-Adviser’’ and collectively, the 

‘‘Wholly-Owned Sub-Advisers’’), or (3) not an 

‘‘affiliated person’’ (as such term is defined in 

section 2(a)(3) of the Act) of the Subadvised Series 

or the Adviser, except to the extent that an 

affiliation arises solely because the Sub-Adviser 

serves as a sub-adviser to a Subadvised Series 

(‘‘Non-Affiliated Sub-Advisers’’). 

3The requested relief will not extend to any subadviser, other than a Wholly-Owned Sub-Adviser, 

who is an affiliated person, as defined in Section 

2(a)(3) of the Act, of the Subadvised Series, any 

Trust or of the Adviser, other than by reason of 

serving as a sub-adviser to one or more of the 

Subadvised Series (‘‘Affiliated Sub-Adviser’’). 

Agreement’’).1 An Adviser will provide 

each Subadvised Series with continuous 

investment management services, 

subject to the supervision of, and 

policies established by, the board of 

trustees of each Trust (each, a ‘‘Board’’). 

Each Investment Management 

Agreement permits the Adviser, subject 

to the approval of the applicable Board, 

to delegate to one or more sub-advisers 

(each, a ‘‘Sub-Adviser’’ and collectively, 

the ‘‘Sub-Advisers’’) the responsibility 

to provide the day-to-day portfolio 

investment management of each 

Subadvised Series, subject to the 

supervision and direction of the 

Adviser.2 The primary responsibility for 

managing each Subadvised Series will 

remain vested in the Adviser. The 

Adviser will hire, evaluate, allocate 

assets to and oversee the Sub-Advisers, 

including determining whether a SubAdviser should be terminated, at all 

times subject to the authority of the 

applicable Board. 

2. Applicants request an exemption to 

permit the Adviser, subject to Board 

approval, to hire certain Sub-Advisers 

pursuant to Sub-Advisory Agreements 

and materially amend existing SubAdvisory Agreements without obtaining 

the shareholder approval required under 

section 15(a) of the Act and rule 18f–2 

under the Act.3 Applicants also seek an 

exemption from the Disclosure 

Requirements to permit a Subadvised 

Series to disclose (as both a dollar 

amount and a percentage of the 

Subadvised Series’ net assets): (a) The 

aggregate fees paid to the Adviser and 

any Wholly-Owned Sub-Adviser; (b) the 

aggregate fees paid to Non-Affiliated 

Sub-Advisers; and (c) the fee paid to 

each Affiliated Sub-Adviser 

(collectively, ‘‘Aggregate Fee 

Disclosure’’). 

3. Applicants agree that any order 

granting the requested relief will be 

subject to the terms and conditions 

stated in the application. Such terms 

and conditions provide for, among other 

safeguards, appropriate disclosure to 

Subadvised Series shareholders and 

notification about sub-advisory changes 

and enhanced Board oversight to protect 

the interests of the Subadvised Series’ 

shareholders. 

4. Section 6(c) of the Act provides that 

the Commission may exempt any 

person, security, or transaction or any 

class or classes of persons, securities, or 

transactions from any provisions of the 

Act, or any rule thereunder, if such 

relief is necessary or appropriate in the 

public interest and consistent with the 

protection of investors and purposes 

fairly intended by the policy and 

provisions of the Act. Applicants 

believe that the requested relief meets 

this standard because, as further 

explained in the application, the 

Investment Management Agreements 

will remain subject to shareholder 

approval while the role of the SubAdvisers is substantially similar to that 

of individual portfolio managers, so that 

requiring shareholder approval of SubAdvisory Agreements would impose 

unnecessary delays and expenses on the 

Subadvised Series. 

Applicants believe that the requested 

relief from the Disclosure Requirements 

meets this standard because it will 

improve the Adviser’s ability to 

negotiate fees paid to the Sub-Advisers 

that are more advantageous for the 

Subadvised Series. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2018–15068 Filed 7–13–18; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

33157; File No. 812–14926] 

Charles Schwab & Co. Inc. and Charles 

Schwab Investment Management, Inc. 

July 10, 2018. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Temporary order and notice of 

application for a permanent order under 

section 9(c) of the Investment Company 

Act of 1940 (‘‘Act’’). 

SUMMARY OF APPLICATION: Applicants 

have received a temporary order 

(‘‘Temporary Order’’) exempting them 

from section 9(a) of the Act, with 

respect to an injunction entered against 

Charles Schwab & Co. Inc. (‘‘CS&Co.’’) 

on July 9, 2018 by the U.S. District 

Court for the Northern District of 

California (‘‘District Court’’), in 

connection with a consent order 

between CS&Co. and the Commission, 

until the Commission takes final action 

on an application for a permanent order 

(the ‘‘Permanent Order,’’ and with the 

Temporary Order, the ‘‘Orders’’). 

Applicants also have applied for a 

Permanent Order. 

APPLICANTS: CS&Co. and Charles 

Schwab Investment Management, Inc. 

(‘‘CSIM’’) (each an ‘‘Applicant’’ and 

together, the ‘‘Applicants’’). 

FILING DATE: The application was filed 

on July 2, 2018. 

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 August 6, 2018 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. 

ADDRESSES: Secretary, U.S. Securities 

and Exchange Commission, 100 F Street 

NE, Washington, DC 20549–1090; 

Applicants: Charles Schwab & Co. Inc.: 

211 Main Street, San Francisco, CA 

94105; Charles Schwab Investment 


sradovich on DSK3GMQ082PROD with NOTICES