Order Cancelling the Registration of a Transfer Agent, 55835-55836 [E7-19291]

Download as PDF Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Notices conducted accuracy testing of depleted uranium (DU) tank penetration rounds at its Jefferson Proving Ground site located in Madison, Indiana. It now seeks a license amendment that would provide an alternate schedule (i.e., a five-year additional period) for the submittal of a decommissioning plan for that site. Such a plan is required because there is currently amassed on the JPG site approximately 70,000 kilograms of DU munitions. This Board has found one contention presented by Save the Valley, Inc. (Intervenor) regarding the alternate decommissioning schedule to satisfy the admissibility requirements imposed by 10 CFR 2.309(f)(1). LBP–06–6, 63 NRC 167 183–85 (2006). That contention asserts (id. at 183): As filed, the FSP is not properly designed to obtain all the verifiable data required for reliable dose modeling and accurate assessment of the effects on exposure pathways of meteorological, geological, hydrological, animal, and human features specific to the JPG site and its surrounding area. On December 20, 2006 and May 1, 2007, the Board rejected Intervenor’s other contentions as inadmissable. See LBP–06–27, 64 NRC 438 (2006); LBP– 07–07, 65 NRCl(slip op.) (2007). A. Date, Time, and Location of Evidentiary Hearing The evidentiary hearing in this proceeding, which will be open to the public,1 will begin on Monday, October 22, 2007 at 10:30 a.m., and will continue day-to-day, ending no later than Friday, October 26 at 5 p.m., at the location specified below: Madison City Hall, 101 W. Main Street, Madison, IN 47250. Although these statements do not constitute testimony or evidence in the proceeding, they nonetheless may assist the Board and/or the parties in their consideration of the issues. Such statements should be submitted to: Mail: Office of the Secretary, Rulemakings and Adjudications Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Fax: (301) 415–1101 (verification (301) 415–1966). E-mail: hearingdocket@nrc.gov. In addition, using the same method of service, a copy of the written statement must be sent to the Chairman of this Licensing Board as follows: Mail: Administrative Judge Alan S. Rosenthal, c/o: Meg Parish, Esq., Law Clerk, Atomic Safety and Licensing Board Panel, Mail Stop T–3 F23, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Fax: (301) 415–5599 (verification (301) 415–6094). E-mail: map4@nrc.gov. On Tuesday July 18, 2006, this Board entertained oral limited appearance statements from members of the public in connection with this proceeding. See Notice (Notice of Opportunity To Make Oral or Written Limited Appearance Statements), 71 FR 33,776 (June 6, 2006). Another such opportunity for oral statements will not be presented in this notice at this time. C. Availability of Documentary Information Regarding the Proceeding Any person not a party to the proceeding, including persons who are affiliated with or represented by a party, may submit to the Board at any time a written limited appearance statement setting forth his or her position on matters of concern relating to this proceeding. See 10 CFR 2.315(a). 1 Members of the public who plan to attend the evidentiary hearing are advised that security measures may be employed at the entrance to the facility, including searches of hand-carried items such as briefcases, backpacks, packages, etc. In addition, signs, banners, posters, and displays will be prohibited because they are disruptive to the conduct of the adjudicatory process. See Procedures for Providing Security Support for NRC Public Meetings/Hearings, 66 FR 31,719 (June 12, 2001). In the event that a party deems it necessary to discuss protected information at the hearing, that portion of the hearing will be closed to the public. See 10 CFR 2.390(a)(4). Documents relating to this proceeding are available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically from the publicly available records component of NRC’s document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/ reading-rm/adams.html (Electronic Reading Room). Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR reference staff by telephone at (800) 397–4209 or (301) 415–4737, or by e-mail to pdr@nrc.gov. It is so Ordered. For the Atomic Safety and Licensing Board 2 mstockstill on PROD1PC66 with NOTICES B. Submitting Written Limited Appearance Statements VerDate Aug<31>2005 18:31 Sep 28, 2007 Jkt 214001 2 Copies of this Memorandum and Order were sent this date by Internet electronic mail transmission to counsel for (1) the Licensee, (2) the NRC Staff, and (3) Intervenor. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 55835 Dated: Rockville, Maryland September 20, 2007. Alan S. Rosenthal, Chairman, Administrative Judge. [FR Doc. E7–19313 Filed 9–28–07; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–56521] Order Cancelling the Registration of a Transfer Agent September 25, 2007. On October 26, 2006, notice was published in the Federal Register that the Securities and Exchange Commission (‘‘Commission’’) intended to issue an order, pursuant to Section 17A(c)(4)(B) of the Securities Exchange Act of 1934 (‘‘Act’’),1 cancelling the transfer agent registration of certain transfer agents.2 For the reasons discussed below, the Commission is cancelling the registration of one of the transfer agents listed in the notice. FOR FURTHER INFORMATION CONTACT: Jerry W. Carpenter, Assistant Director, or Catherine Moore, Special Counsel, at (202) 551–5710, Division of Market Regulation, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–6628. Background Section 17A(c)(4)(B) of the Act provides that if the Commission finds that any transfer agent registered with the Commission is no longer in existence or has ceased to do business as a transfer agent, the Commission shall by order cancel that transfer agent’s registration. On October 26, 2006, the Commission published notice of its intention to cancel the registration of 45 transfer agents that the Commission believed were no longer in existence or had ceased doing business as transfer agents. The notice stated that at any time after November 27, 2006, which was 30 days after the notice was published in the Federal Register, the Commission intended to issue an order canceling the registrations of any or all of the identified transfer agents. Gerdine & Associates (File No. 84– 5820) was one of the transfer agents identified in the notice. Gerdine & Associates objected to the cancellation of its registration because it stated that it has not ceased to do business as a transfer agent. On February 1, 2007, the 1 15 U.S.C. 78q–1(c)(4)(B). Exchange Act Release No. 54633 (October 20, 2006), 71 FR 62631 (October 26, 2006). 2 Securities E:\FR\FM\01OCN1.SGM 01OCN1 55836 Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Notices Commission by order cancelled the registration of the 44 other transfer agents identified in the notice, but it postponed taking action with respect to Gerdine & Associates’ registration pending further inquiry.3 After conducting an inquiry, including a telephone interview with the representative from Gerdine & Associates, the Commission has determined that Gerdine & Associates is not in business as a transfer agent. Accordingly, the Commission is cancelling the registration of Gerdine & Associates. Order It is therefore ordered pursuant to Section 17A(c)(4)(B) of the Act that the registration as a transfer agent of Gerdine & Associates be and hereby is cancelled. For the Commission by the Division of Market Regulation, pursuant to delegated authority.4 Nancy M. Morris, Secretary. [FR Doc. E7–19291 Filed 9–28–07; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. IC–27978; 812–13394] Citi Investor Services, Inc. f/n/a The BISYS Group, Inc., et al.; Notice of Application and Temporary Order September 24, 2007. 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 Citi Investor Services, Inc. f/n/a The BISYS Group, Inc. (‘‘BISYS’’) on July 27, 2007 by the United States District Court for the Southern District of New York (the ‘‘Injunction’’), until the Commission takes final action on an application for a permanent order. Applicants have requested a permanent order. APPLICANTS: BISYS, Heartland Investor Services, LLC, Mercantile Investment Services, Inc., ProFunds Distributors, Inc. and Victory Capital Advisers, Inc. mstockstill on PROD1PC66 with NOTICES SUMMARY OF APPLICATION: 3 Securities Exchange Act Release No. 55220 (February 1, 2007), 72 FR 6623 (February 12, 2007). 4 17 CFR 200.30–3(a)(22). VerDate Aug<31>2005 18:31 Sep 28, 2007 Jkt 214001 (collectively, other than BISYS, the ‘‘BISYS Underwriter Applicants,’’ and, together with BISYS, the ‘‘BISYS Applicants’’); Citigroup Global Markets Inc. (‘‘CGMI’’), CEFOF GP I Corp. (‘‘CEFOF’’), CELFOF GP Corp. (‘‘CELFOF’’), Citibank, N.A. (‘‘Citibank’’), Citigroup Alternative Investments LLC (‘‘Citigroup Alternative’’), Citigroup Investment Advisory Services Inc. (‘‘Citigroup Advisory’’), SSBCP GP I Corp. (‘‘SSBCP’’), and SSBPIF GP Corp. (‘‘SSBPIF’’, and, together with CGMI, CEFOF, CELFOF, Citibank, Citigroup Alternative, Citigroup Advisory, and SSBCP, the ‘‘Citigroup Applicants,’’ and together with the BISYS Applicants, the ‘‘Applicants’’).1 FILING DATE: The application was filed on June 6, 2007 and amended on September 13, 2007 and September 20, 2007. 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 October 19, 2007, 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, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549– 1090. Applicants, BISYS, 105 Eisenhower Parkway, Roseland, New Jersey 07068, the BISYS Underwriter Applicants, 100 Summer Street, 15th Floor, Boston, Massachusetts, 02110, CGMI, 787 Seventh Ave., 32nd Floor, New York, New York 10019, CEFOF and CELFOF, 388 Greenwich Street, New York, New York 10013, Citibank, 153 East 53rd Street, 5th Floor, New York, New York 10043, Citigroup Alternative, 731 Lexington Avenue, 28th Floor, New York, NY 10022, Citigroup Advisory, 787 Seventh Ave., 15th Floor, New York, New York 10019, SSBCP and SSBPIF, 338 Greenwich Street, New York, New York 10013. 1 Applicants request that any relief granted pursuant to the application also apply to any other company of which BISYS is or hereafter may become an affiliated person in the future (together with the Applicants, the ‘‘Covered Persons’’). PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Shannon Conaty, Senior Counsel, at (202) 551–6827, or Janet M. Grossnickle, Branch Chief, at (202) 551–6821, (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 Desk, 100 F Street, NE., Washington, DC 20549–0102 (tel. 202– 551–8090). Applicants’ Representations 1. BISYS, a Delaware corporation, directly and through wholly-owned subsidiaries, provides products and support services to financial institutions, including insurance companies, banks and mutual funds. Each of the BISYS Underwriter Applicants is an indirect, wholly-owned subsidiary of BISYS and serves as principal underwriter for one or more registered investment companies or series thereof (‘‘Funds’’).2 Each BISYS Underwriter Applicant is registered with the Commission as a broker-dealer under section 15 of the Securities Exchange Act of 1934 (‘‘Exchange Act’’). 2. On July 27, 2007, the United States District Court for the Southern District of New York entered the Injunction against BISYS in a matter brought by the Commission.3 The Commission alleged in the complaint (‘‘Complaint’’) that BISYS violated sections 13(a) and 13(b)(2)(A) and (B) of the Exchange Act and rules 12b–20, 13a–1, 13a–11 and 13a–13 thereunder when it engaged in improper accounting practices that resulted in an overstatement of BISYS’s financial results for the fiscal years ended 2001 through 2003 by about $180 million. The alleged violations involved improperly recording commissions earned by companies before they were acquired by BISYS as its own revenue, the failure to adequately reserve against an aging receivable balance, improper accounting for renewal and bonus commissions, and other improper accounting entries. The Complaint alleged that the resulting inaccurate financial results were incorporated in public filings, annual reports to shareholders, press releases and offering 2 Neither BISYS nor any of the BISYS Underwriter Applicants serves as investment adviser or depositor for any Fund or as principal underwriter for any registered unit investment trust (‘‘UIT’’) or registered face amount certificate company. 3 United States Securities and Exchange Commission v. The BISYS Group, Inc., 07–CIV– 4010 (KMK) (S.D.N.Y. May 23, 2007). E:\FR\FM\01OCN1.SGM 01OCN1

Agencies

[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Notices]
[Pages 55835-55836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19291]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56521]


Order Cancelling the Registration of a Transfer Agent

September 25, 2007.
    On October 26, 2006, notice was published in the Federal Register 
that the Securities and Exchange Commission (``Commission'') intended 
to issue an order, pursuant to Section 17A(c)(4)(B) of the Securities 
Exchange Act of 1934 (``Act''),\1\ cancelling the transfer agent 
registration of certain transfer agents.\2\ For the reasons discussed 
below, the Commission is cancelling the registration of one of the 
transfer agents listed in the notice.
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    \1\ 15 U.S.C. 78q-1(c)(4)(B).
    \2\ Securities Exchange Act Release No. 54633 (October 20, 
2006), 71 FR 62631 (October 26, 2006).

FOR FURTHER INFORMATION CONTACT: Jerry W. Carpenter, Assistant 
Director, or Catherine Moore, Special Counsel, at (202) 551-5710, 
Division of Market Regulation, Securities and Exchange Commission, 100 
F Street, NE., Washington, DC 20549-6628.

Background

    Section 17A(c)(4)(B) of the Act provides that if the Commission 
finds that any transfer agent registered with the Commission is no 
longer in existence or has ceased to do business as a transfer agent, 
the Commission shall by order cancel that transfer agent's 
registration. On October 26, 2006, the Commission published notice of 
its intention to cancel the registration of 45 transfer agents that the 
Commission believed were no longer in existence or had ceased doing 
business as transfer agents. The notice stated that at any time after 
November 27, 2006, which was 30 days after the notice was published in 
the Federal Register, the Commission intended to issue an order 
canceling the registrations of any or all of the identified transfer 
agents.
    Gerdine & Associates (File No. 84-5820) was one of the transfer 
agents identified in the notice. Gerdine & Associates objected to the 
cancellation of its registration because it stated that it has not 
ceased to do business as a transfer agent. On February 1, 2007, the

[[Page 55836]]

Commission by order cancelled the registration of the 44 other transfer 
agents identified in the notice, but it postponed taking action with 
respect to Gerdine & Associates' registration pending further 
inquiry.\3\
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    \3\ Securities Exchange Act Release No. 55220 (February 1, 
2007), 72 FR 6623 (February 12, 2007).
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    After conducting an inquiry, including a telephone interview with 
the representative from Gerdine & Associates, the Commission has 
determined that Gerdine & Associates is not in business as a transfer 
agent. Accordingly, the Commission is cancelling the registration of 
Gerdine & Associates.

Order

    It is therefore ordered pursuant to Section 17A(c)(4)(B) of the Act 
that the registration as a transfer agent of Gerdine & Associates be 
and hereby is cancelled.

    For the Commission by the Division of Market Regulation, 
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(22).
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Nancy M. Morris,
Secretary.
[FR Doc. E7-19291 Filed 9-28-07; 8:45 am]
BILLING CODE 8011-01-P