Agency Forms Submitted for OMB Review, 7313-7314 [05-2661]
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Federal Register / Vol. 70, No. 28 / Friday, February 11, 2005 / Notices
consideration. Written comments
should be supplied, electronically if
possible, to the DFO at the e-mail
address (or for hardcopies, mailing
address) noted below. Acceptable
electronic formats include Adobe
Acrobat, Microsoft Word, Rich Text files
in IBM-PC/Windows 98/2000/XP
format. Those providing written
comments and who attend the meeting
are also asked to bring 35 copies of their
comments for public distribution.
Meeting Accommodations
Individuals requiring special
accommodation to access the public
meeting listed above should contact the
DFO at least five business days prior to
the meeting so that appropriate
arrangements can be made.
Requests for additional information or
written statements should be directed to
Laura Auletta, Designated Federal
Officer (DFO), at laura.auletta@gsa.gov
or (202) 208–7279, General Services
Administration, 1800 F Street, NW.,
Room 4006, Washington, DC, 20405.
Laura Auletta,
Designated Federal Officer (Executive
Director).
[FR Doc. 05–2633 Filed 2–10–05; 8:45 am]
BILLING CODE 3110–01–P
POSTAL RATE COMMISSION
Sunshine Act Meetings
NAME OF AGENCY:
Postal Rate
Commission.
Monday, February 14,
2005, at 3 p.m.
PLACE: Commission conference room,
1333 H Street, NW., Suite 300,
Washington, DC 20268–0001.
STATUS: Closed.
MATTERS TO BE CONSIDERED: Personnel
matters.
TIME AND DATE:
CONTACT PERSON FOR MORE INFORMATION:
Stephen L. Sharfman, General Counsel,
Postal Rate Commission, Suite 300,
1333 H Street, NW., Washington, DC
20268–0001, 202–789–6818.
Dated: February 9, 2005.
Steven W. Williams,
Secretary.
[FR Doc. 05–2785 Filed 2–9–05; 11:23 am]
BILLING CODE 7710–FW–M
RAILROAD RETIREMENT BOARD
Proposed Data Collection Available for
Public Comment and
Recommendations
Summary: In accordance with the
requirement of Section 3506 (c)(2)(A) of
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the Paperwork Reduction Act of 1995
which provides opportunity for public
comment on new or revised data
collections, the Railroad Retirement
Board (RRB) will publish periodic
summaries of proposed data collections.
Comments are invited on: (a) Whether
the proposed information collection is
necessary for the proper performance of
the functions of the agency, including
whether the information has practical
utility; (b) the accuracy of the RRB’s
estimate of the burden of the collection
of the information; (c) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden related to
the collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Title and purpose of information
collection: Statement of Authority to Act
for Employee; OMB 3220–0034.
Under Section 5(a) of the Railroad
Unemployment Insurance Act (RUIA),
claims for benefits are to be made in
accordance with such regulations as the
Railroad Retirement Board (RRB) shall
prescribe. The provisions for claiming
sickness benefits as provided by Section
2 of the RUIA are prescribed in 20 CFR
335.2. Included in these provisions is
the RRB’s acceptance of forms executed
by someone else on behalf of an
employee if the RRB is satisfied that the
employee is sick or injured to the extent
of being unable to sign forms.
The RRB utilizes Form SI–10,
Statement of Authority to Act for
Employee, to provide the means for an
individual to apply for authority to act
on behalf of an incapacitated employee
and also to obtain the information
necessary to determine that the
delegation should be made. Part I of the
form is completed by the applicant for
the authority and Part II is completed by
the employee’s doctor. One response is
requested of each respondent.
Completion is required to obtain
benefits.
The RRB proposes no changes to
Form SI–10.
The estimated annual respondent
burden is as follows:
Form: SI–10.
Estimate of Annual Responses: 400.
Estimated Completion Time: 6
minutes.
Total Burden Hours: 40.
Additional Information or Comments:
To request more information or to
obtain a copy of the information
collection justification, forms, and/or
supporting material, please call the RRB
Clearance Officer at (312) 751–3363 or
send an e-mail request to
Charles.Mierzwa@RRB.GOV. Comments
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7313
regarding the information collection
should be addressed to Ronald J.
Hodapp, Railroad Retirement Board, 844
North Rush Street, Chicago, Illinois
60611–2092 or send an e-mail to
Ronald.Hodapp@RRB.GOV. Written
comments should be received within 60
days of this notice.
Charles Mierzwa,
Clearance Officer.
[FR Doc. 05–2660 Filed 2–10–05; 8:45 am]
BILLING CODE 7905–01–P
RAILROAD RETIREMENT BOARD
Agency Forms Submitted for OMB
Review
Summary: In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Railroad
Retirement Board (RRB) has submitted
the following proposal(s) for the
collection of information to the Office of
Management and Budget for review and
approval.
Summary of Proposal(s)
(1) Collection title: Railroad Service
and Compensation Reports/System
Access Application.
(2) Form(s) submitted: BA–3a, BA–4,
BA–4 (Internet), BA–12.
(3) OMB Number: 3220–0008.
(4) Expiration date of current OMB
clearance: 05/31/2005.
(5) Type of request: Revision of a
currently approved collection.
(6) Respondents: Business or other
for-profit.
(7) Estimated annual number of
respondents: 579.
(8) Total annual responses: 2,167.
(9) Total annual reporting hours:
38,126.
(10) Collection description: Under the
Railroad Retirement Act and the
Railroad Unemployment Insurance Act,
employers are required to report service
and compensation for each employee to
update Railroad Retirement Board
records for payments of benefits. The
collection obtains this information and
also information needed to ensure
secure system access from employers
who voluntarily opt to use the Internet
to submit reporting forms to the RRB.
Additional Information or Comments:
Copies of the forms and supporting
documents can be obtained from
Charles Mierzwa, the agency clearance
officer (312–751–3363) or
Charles.Mierzwa@rrb.gov.
Comments regarding the information
collection should be addressed to
Ronald J. Hodapp, Railroad Retirement
Board, 844 North Rush Street, Chicago,
Illinois, 60611–2092 or
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7314
Federal Register / Vol. 70, No. 28 / Friday, February 11, 2005 / Notices
Ronald.Hodapp@rrb.gov and to the
OMB Desk Officer for the RRB, at the
Office of Management and Budget,
Room 10230, New Executive Office
Building, Washington, DC 20503.
Charles Mierzwa,
Clearance Officer.
[FR Doc. 05–2661 Filed 2–10–05; 8:45 am]
BILLING CODE 7905–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–26749; 812–13160]
Morgan Stanley AIP GP LP, et al.;
Notice of Application and Temporary
Order
February 4, 2005.
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’’).
AGENCY:
Applicants
have received a temporary order
exempting them from section 9(a) of the
Act, with respect to an injunction
entered against Morgan Stanley & Co.
Incorporated (‘‘MS&Co.’’) on February 4,
2005 by the United States District Court
for the District of Columbia (the
‘‘Injunction’’), until the Commission
takes final action on an application for
a permanent order. Applicants also have
applied for a permanent order.
APPLICANTS: Morgan Stanley AIP GP LP,
Morgan Stanley Asset & Investment
Trust Management Co., Limited, Morgan
Stanley Investment Advisors Inc.,
Morgan Stanley Investment
Management Company, Morgan Stanley
Investment Management Inc., Morgan
Stanley Investment Management
Limited, Van Kampen Advisors Inc.,
and Van Kampen Asset Management
(together, the ‘‘Advisers’’); MS&Co.,
Morgan Stanley Distribution, Inc.,
Morgan Stanley Distributors Inc.,
Morgan Stanley DW Inc., and Van
Kampen Funds Inc. (together, the
‘‘Underwriters’’); Morgan Stanley
Capital Partners III, Inc., Morgan Stanley
Global Emerging Markets, Inc., Morgan
Stanley Venture Capital III, Inc., MSDW
Capital Partners IV, Inc., MSDW OIP
Investors, Inc., MSDW Real Estate
Special Situations II Manager, L.L.C.,
MSDW Venture Partners IV, Inc.,
MSREF II, Inc., MSREF III, Inc., MSREF
IV, L.L.C., MSREF V, L.L.C. and MSVP
2002, Inc. (together, ‘‘ESC Managers’’
SUMMARY OF APPLICATION:
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17:18 Feb 10, 2005
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and, with the Advisers and
Underwriters, the ‘‘Applicants’’).1
FILING DATES: The application was filed
on January 25, 2005 and amended on
January 26, 2005. Applicants have
agreed to file another amendment
during the notice period, the substance
of which is reflected in this notice.
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 March 1, 2005, 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
notification by writing to the
Commission’s Secretary.
ADDRESSES: Secretary, Commission, 450
Fifth Street, NW., Washington, DC
20549–0609. Applicants, c/o Barry
Funk, Esq., Morgan Stanley, 1221
Avenue of the Americas, 22nd Floor,
New York, NY 10020.
FOR FURTHER INFORMATION, CONTACT:
John Yoder, Attorney-Adviser, or Mary
Kay Frech, Branch Chief, at 202–942–
0564 (Division of Investment
Management, Office of Investment
Company Regulation).
SUPPLEMENTARY INFORMATION: The
following is a temporary order and a
summary of the application. The
complete application may be obtained
for a fee at the Commission’s Public
Reference Branch, 450 Fifth Street, NW.,
Washington, DC 20549–0102 (telephone
202–942–8090).
Applicants’ Representations
1. Each Applicant is a direct or
indirect subsidiary of Morgan Stanley, a
Delaware corporation. Morgan Stanley
is a publicly held global financial
services company that, through its
subsidiaries and affiliates, provides
investment, financing, advisory,
insurance, banking and related products
and services. MS&Co., a Delaware
corporation, is a global financial
services firm and is registered as a
broker-dealer under the Securities
Exchange Act of 1934 (the ‘‘Exchange
1 Applicants request that any relief granted
pursuant to the application also apply to any other
company of which MS&Co. is or becomes an
affiliated person in the future (together with
Applicants, ‘‘Covered Persons’’).
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Fmt 4703
Sfmt 4703
Act’’) and as an investment adviser
under the Investment Advisers Act of
1940. MS&Co. serves as principal
underwriter for, and the other
Applicants serve as investment adviser,
subadviser, depositor or principal
underwriter for, numerous registered
investment companies (‘‘Funds’’). The
ESC Managers serve as the general
partner or investment adviser to certain
employees’ securities companies
operating pursuant to Commission
orders (included in the term ‘‘Funds’’).2
2. On February 4, 2005, the United
States District Court for the District of
Columbia entered the Injunction against
MS&Co. in a matter brought by the
Commission.3 The Commission alleged
in the complaint (‘‘Complaint’’) that
MS&Co. violated Rule 101 of Regulation
M under the Exchange Act by
attempting to induce certain customers
to place orders for shares in the
aftermarket for certain initial public
offerings (‘‘IPOs’’) it underwrote during
the restricted period of such IPOs. The
alleged violations occurred in
connection with certain IPOs
underwritten by MS&Co. from March
1999 through November 2000. Without
admitting or denying any of the
allegations in the Complaint, except as
to jurisdiction, MS&Co. consented to the
entry of the Injunction as well as the
payment of a civil penalty of $40
million.
Applicants’ Legal Analysis
1. Section 9(a)(2) of the Act, in
relevant part, prohibits a person who
has been enjoined from engaging in or
continuing any conduct or practice in
connection with the purchase or sale of
a security from acting, among other
things, as an investment adviser or
depositor of any registered investment
company or a principal underwriter for
any registered open-end investment
company, registered unit investment
trust or registered face-amount
certificate company. Section 9(a)(3) of
the Act makes the prohibition in section
9(a)(2) applicable to a company, any
affiliated person of which has been
disqualified under the provisions of
section 9(a)(2). Section 2(a)(3) of the Act
defines ‘‘affiliated person’’ to include
any person directly or indirectly
controlling, controlled by, or under
2 Morgan Stanley Capital Investors, L.P.,
Investment Company Act Release Nos. 24340 (Mar.
17, 2000) (notice) and 24389 (Apr. 12, 2000) (order);
Morgan Stanley Venture Investors, L.P., Investment
Company Act Release Nos. 20206 (Apr. 8, 1994)
(notice) and 20276 (May 4, 1994) (order).
3 Securities and Exchange Commission v. Morgan
Stanley & Co. Incorporated, Final Judgment Against
Morgan Stanley & Co. Incorporated, 05:CV 00166
(HHK) (D.D.C., filed February 4, 2005) (‘‘Final
Judgment’’).
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Agencies
[Federal Register Volume 70, Number 28 (Friday, February 11, 2005)]
[Notices]
[Pages 7313-7314]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2661]
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RAILROAD RETIREMENT BOARD
Agency Forms Submitted for OMB Review
Summary: In accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Railroad Retirement Board (RRB) has submitted
the following proposal(s) for the collection of information to the
Office of Management and Budget for review and approval.
Summary of Proposal(s)
(1) Collection title: Railroad Service and Compensation Reports/
System Access Application.
(2) Form(s) submitted: BA-3a, BA-4, BA-4 (Internet), BA-12.
(3) OMB Number: 3220-0008.
(4) Expiration date of current OMB clearance: 05/31/2005.
(5) Type of request: Revision of a currently approved collection.
(6) Respondents: Business or other for-profit.
(7) Estimated annual number of respondents: 579.
(8) Total annual responses: 2,167.
(9) Total annual reporting hours: 38,126.
(10) Collection description: Under the Railroad Retirement Act and
the Railroad Unemployment Insurance Act, employers are required to
report service and compensation for each employee to update Railroad
Retirement Board records for payments of benefits. The collection
obtains this information and also information needed to ensure secure
system access from employers who voluntarily opt to use the Internet to
submit reporting forms to the RRB.
Additional Information or Comments: Copies of the forms and
supporting documents can be obtained from Charles Mierzwa, the agency
clearance officer (312-751-3363) or Charles.Mierzwa@rrb.gov.
Comments regarding the information collection should be addressed
to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street,
Chicago, Illinois, 60611-2092 or
[[Page 7314]]
Ronald.Hodapp@rrb.gov and to the OMB Desk Officer for the RRB, at the
Office of Management and Budget, Room 10230, New Executive Office
Building, Washington, DC 20503.
Charles Mierzwa,
Clearance Officer.
[FR Doc. 05-2661 Filed 2-10-05; 8:45 am]
BILLING CODE 7905-01-P