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63632 Federal Register / Vol. 72, No.

217 / Friday, November 9, 2007 / Notices

displays a currently valid OMB control improvement of decommissioning- Temporary rule 206(3)–3T (17 CFR
number. related funding will be shared with the 275.206(3)–3T) under the Investment
1. Type of submission, new, revision, Agreement States. Advisers Act of 1940 (15 U.S.C. 80b–1
or extension: New collection. A copy of the final supporting et seq.) is entitled: ‘‘Temporary rule for
2. The title of the information statement may be viewed free of charge principal trades with certain advisory
collection: Comprehensive at the NRC Public Document Room, One clients.’’ The temporary rule provides
Decommissioning Program, Including White Flint North, 11555 Rockville investment advisers who are registered
Annual Data Collection, OMB 3150– Pike, Room O–1 F21, Rockville, MD with the Commission as broker-dealers
xxxx. 20852. OMB clearance requests are an alternative means to meet the
3. The form number if applicable: available at the NRC worldwide Web requirements of section 206(3) of the
N/A. site: http://www.nrc.gov/public-involve/ Advisers Act (15 U.S.C. 80b–6(3)) when
4. How often the collection is doc-comment/omb/index.html. The they act in a principal capacity in
required: Annually (to keep site document will be available on the NRC transactions with certain of their
information current). home page site for 60 days after the advisory clients. The temporary rule,
5. Who will be required or asked to signature date of this notice. and its attendant paperwork burdens,
report: Agreement States who have Comments and questions should be will expire and no longer be effective on
signed Section 274(b) Agreements with directed to the OMB reviewer listed December 31, 2009.
NRC and are regulating uranium below by December 10, 2007. Comments Temporary rule 206(3)–3T permits
recovery and/or complex sites received after this date will be dually-registered advisers to satisfy the
undergoing decommissioning. considered if it is practical to do so, but Advisers Act’s principal trading
6. An estimate of the number of restrictions by: (i) Providing written,
assurance of consideration cannot be
annual responses: 68. (2 responses for prospective disclosure regarding the
given to comments received after this
each respondent.) conflicts arising from principal trades;
7. The estimated number of annual date: Nathan J. Frey, Office of
Information and Regulatory Affairs (ii) obtaining written, revocable consent
respondents: 34. from the client prospectively
8. An estimate of the total number of (3150–xxxx), NEOB–10202, Office of
Management and Budget, Washington, authorizing the adviser to enter into
hours needed annually to complete the principal transactions; (iii) making oral
requirement or request: 677 hours DC 20503.
Comments can also be e-mailed to or written disclosure and obtaining the
(approximately 20 hours per client’s consent before each principal
respondent). Nathan_J._Frey@omb.eop.gov or
submitted by telephone at (202) 395– transaction; (iv) sending to the client
9. An indication of whether Section confirmation statements disclosing the
3507(d), Pub. L. 104–13 applies: N/A. 7345.
The NRC Clearance Officer is capacity in which the adviser has acted;
10. Abstract: Agreement States will be and (v) delivering to the client an
asked to provide information about Margaret A. Janney, 301–415–7245.
annual report itemizing the principal
uranium recovery and complex sites Dated at Rockville, Maryland, this 5th day transactions.
undergoing decommissioning regulated of November, 2007. Providing the information required by
by the Agreement States on an annual For the Nuclear Regulatory Commission. rule 206(3)–3T is necessary for dually-
basis. The information request will Margaret A. Janney, registered advisers to obtain the benefit
allow the NRC to compile, in a NRC Clearance Officer, Office of Information of the alternative means of complying
centralized location, more complete Services. with section 206(3) of the Advisers Act.
information on the status of [FR Doc. E7–22034 Filed 11–8–07; 8:45 am] Disclosures under the rule provide
decommissioning and decontamination BILLING CODE 7590–01–P important investor protections when
in the United States in order to provide advisers engage in principal trades.
a national perspective on Clients of advisers will primarily use
decommissioning. The information will the information to monitor principal
be made available to the public by the SECURITIES AND EXCHANGE trades in their accounts.
NRC in order to ensure openness and COMMISSION The Commission staff estimates that
promote communication to enhance approximately 380 investment advisers
public confidence in the national Proposed Collection; Comment make use of rule 206(3)–3T, and that on
decommissioning program. This does Request average an investment adviser spends
not apply to information, such as trade Upon Written Request, Copies Available approximately 1,301 hours annually in
secrets and commercial or financial From: Securities and Exchange complying with the requirements of the
information provided by the Agreement Commission, Office of Investor rule. The Commission staff therefore
States as privileged or confidential. Education and Advocacy, estimates the total annual burden of the
Information such as financial assurance Washington, DC 20549–0213. rule’s paperwork requirements to be
and the status of decommissioning 494,440 hours.
funding would need to be identified by Extension: Rule 206(3)–3T, SEC File No. Written comments are invited on: (a)
the Agreement State as privileged or 270–571, OMB Control No. 3235–0630. Whether the collections of information
confidential, whereupon the NRC would Notice is hereby given that, pursuant are necessary for the proper
withhold such information from public to the Paperwork Reduction Act of 1995 performance of the functions of the
access and treat it as sensitive or non- (44 U.S.C. 350l et seq.), the Securities Commission, including whether the
sensitive, per the considerations in 10 and Exchange Commission (the information has practical utility; (b) the
CFR 2.390 and 9.17. This does not apply ‘‘Commission’’) is soliciting comments accuracy of the Commission’s estimate
mstockstill on PROD1PC66 with NOTICES

to financial assurance or on the collections of information of the burdens of the collections of


decommissioning funding information summarized below. The Commission information; (c) ways to enhance the
that is already available to the public. plans to submit these existing quality, utility, and clarity of the
Although specific details of the funding collections of information to the Office information collected; and (d) ways to
mechanisms are treated as confidential, of Management and Budget (‘‘OMB’’) for minimize the burdens of the collections
beneficial lessons learned regarding the extension and approval. of information on respondents,

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Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Notices 63633

including through the use of automated Act of 1934, that trading in the above- II. Self-Regulatory Organization’s
collection techniques or other forms of listed companies is suspended for the Statement of the Purpose of, and
information technology. Consideration period from 9:30 a.m. EST on November Statutory Basis for, the Proposed Rule
will be given to comments and 7, 2007, through 11:59 p.m. EST on Change
suggestions submitted in writing within November 20, 2007.
60 days of this publication. In its filing with the Commission, the
By the Commission. MSRB included statements concerning
Please direct your written comments
to R. Corey Booth, Director/Chief Nancy M. Morris, the purpose of and basis for the
Information Officer, Securities and Secretary. proposed rule change and discussed any
Exchange Commission, C/O Shirley [FR Doc. 07–5625 Filed 11–7–07; 11:20 am] comments it received on the proposed
Martinson 6432 General Green Way, rule change. The text of these statements
BILLING CODE 8011–01–P
Alexandria, Virginia 22312; or send an may be examined at the places specified
e-mail to: PRA_Mailbox@sec.gov. in Item IV below. The MSRB has
SECURITIES AND EXCHANGE prepared summaries, set forth in
Dated: November 5, 2007. sections A, B, and C below, of the most
Florence E. Harmon, COMMISSION
significant aspects of such statements.
Deputy Secretary.
[Release No. 34–56736; File No. SR–MSRB– A. Self-Regulatory Organization’s
[FR Doc. E7–22006 Filed 11–8–07; 8:45 am]
2007–04] Statement of the Purpose of, and
BILLING CODE 8011–01–P
Statutory Basis for, the Proposed Rule
Self-Regulatory Organizations; Change
SECURITIES AND EXCHANGE Municipal Securities Rulemaking
1. Purpose
COMMISSION Board; Notice of Filing of Proposed
Rule Change Relating to Amendments In 2002, the MSRB adopted Rule G–
[File No. 500–1] to Rule G–40 on E-Mail Contacts 40, on e-mail contacts, to establish a
reliable method for electronic
In the Matter of Ames Department November 2, 2007. communication with brokers, dealers
Stores, Inc., Bradlees, Inc., Caldor
Pursuant to section 19(b)(1) of the and municipal securities dealers
Corp., and Stuarts Department Stores,
Securities Exchange Act of 1934 (collectively, ‘‘dealers’’).4 The rule
Inc.; Order of Suspension of Trading
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 requires, among other things, that
November 7, 2007. notice is hereby given that on October dealers use Form G–40 to appoint a
It appears to the Securities and 16, 2007, the Municipal Securities ‘‘Primary Contact’’ for purposes of
Exchange Commission that there is a Rulemaking Board (‘‘MSRB’’) filed with electronic communication between the
lack of current and accurate information the Securities and Exchange dealer and the MSRB. The Primary
concerning the securities of Ames Commission (‘‘Commission’’) the Contact must be either a Series 53-
Department Stores, Inc. because it has proposed rule change as described in registered municipal securities principal
not filed any periodic reports since it Items I, II, and III below, which Items or a Series 51-registered municipal fund
filed a Form 10–Q for the period ended have been substantially prepared by the securities limited principal.5 Dealers are
May 4, 2002. MSRB. The Commission is publishing required to submit their original forms
It appears to the Securities and this notice to solicit comments on the and any subsequent changes
Exchange Commission that there is a proposed rule change from interested electronically through their electronic
lack of current and accurate information persons. G–40 account using the appropriate user
concerning the securities of Bradlees, ID and password. The rule also requires
Inc. because it has not filed any periodic I. Self-Regulatory Organization’s that each dealer maintain an Internet
reports since it filed a Form 10–Q for Statement of the Terms of Substance of electronic mail account to permit
the period ended October 28, 2000. the Proposed Rule Change communication with the MSRB, and to
It appears to the Securities and review and, if necessary, update its
The MSRB is filing with the
Exchange Commission that there is a Primary Contact information within 17
Commission a proposed rule change
lack of current and accurate information business days after the end of each
consisting of amendments to Rule G–40,
concerning the securities of Caldor calendar quarter.
on electronic mail contacts, that would
Corp. because it has not filed any more fully conform MSRB requirements
periodic reports since it filed a Form to Financial Industry Regulatory
4 In adopting the rule, the MSRB stated that the

10–Q for the period ended October 31, events of September 11, 2001 and the weeks that
Authority (‘‘FINRA’’) requirements followed, emphasized the importance of, and need
1998. relating to contact information. The for an efficient and reliable means of official
It appears to the Securities and MSRB proposes that the amendments communication between regulators and the
Exchange Commission that there is a become effective on December 31, 2007 industry, and that establishing a reliable method for
lack of current and accurate information electronic communication was necessary to allow
to coincide with the effective date of the MSRB to efficiently alert dealers to official
concerning the securities of Stuarts recently-approved FINRA communications, including time-sensitive
Department Stores, Inc. because it has requirements.3 The text of the proposed developments, rule changes, notices, etc., as well as
not filed any periodic reports since it rule change is available on the MSRB’s to facilitate dealers’ internal distribution of such
filed a Form 10–Q for the period ended information. The MSRB also noted that it had
Web site (http://www.msrb.org), at the discontinued publication of MSRB Reports in 2002
October 28, 1995. MSRB’s principal office, and at the (since that time, all MSRB notices have been
The Commission is of the opinion that available exclusively on the MSRB Web site at
Commission’s Public Reference Room.
mstockstill on PROD1PC66 with NOTICES

the public interest and the protection of http://www.msrb.org.). The rule was approved in
investors require a suspension of trading 1 15
Securities Exchange Act Release No. 46043 (June 6,
U.S.C. 78s(b)(1). 2002), 67 FR 40762 (June 13, 2002) (SR–MSRB
in the securities of the above-listed 2 17 CFR 240.19b–4. 2002–05).
companies. 3 Securities Exchange Act Release No. 56179 5 Dealers may also appoint an ‘‘Optional Contact’’
Therefore, it is ordered, pursuant to (August 1, 2007), 72 FR 44203 (August 7, 2007) and this person does not have to be a registered
Section 12(k) of the Securities Exchange (SR–NASD–2007–034). principal.

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