Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940, 5884-5885 [E8-1687]
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Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices
report, environmental report or other
supporting document filed by an
applicant or licensee, or otherwise
available to the petitioner. On issues
arising under the National
Environmental Policy Act, the
requester/petitioner shall file
contentions based on the applicant’s
environmental report. The requester/
petitioner may amend those contentions
or file new contentions if there are data
or conclusions in the NRC draft, or final
environmental impact statement,
environmental assessment, or any
supplements relating thereto, that differ
significantly from the data or
conclusions in the applicant’s
documents. Otherwise, contentions may
be amended or new contentions filed
after the initial filing only with leave of
the presiding officer.
Each contention shall be given a
separate numeric or alpha designation
within one of the following groups:
1. Technical—primarily concerns
issues relating to matters discussed or
referenced in the Safety Evaluation
Report for the proposed action.
2. Environmental—primarily concerns
issues relating to matters discussed or
referenced in the Environmental Report
for the proposed action.
3. Emergency Planning—primarily
concerns issues relating to matters
discussed or referenced in the
Emergency Plan as it relates to the
proposed action.
4. Physical Security—primarily
concerns issues relating to matters
discussed or referenced in the Physical
Security Plan as it relates to the
proposed action.
5. Miscellaneous—does not fall into
one of the categories outlined above.
If the requester/petitioner believes a
contention raises issues that cannot be
classified as primarily falling into one of
these categories, the requester/petitioner
must set forth the contention and
supporting bases, in full, separately for
each category into which the requester/
petitioner asserts the contention belongs
with a separate designation for that
category.
Requesters/petitioners should, when
possible, consult with each other in
preparing contentions and combine
similar subject matter concerns into a
joint contention, for which one of the
co-sponsoring requesters/petitioners is
designated the lead representative.
Further, in accordance with 10 CFR
2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed
by another requester/petitioner must do
so, in accordance with the E-Filing rule,
within ten days of the date the
contention is filed, and designate a
representative who shall have the
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authority to act for the requester/
petitioner.
As indicated below, pursuant to 10
CFR 2.310(g), any hearing would be
subject to the procedures set forth in 10
CFR part 2, Subpart M.
III. Opportunity to Provide Written
Comments
Within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and should cite the publication date and
page number of this Federal Register
notice. Comments received after 30 days
will be considered if practicable to do
so, but only those comments received
on or before the due date can be assured
consideration.
For further details with respect to this
license transfer application, see the
application dated October 19, 2007,
available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly-available records
will be accessible electronically from
the Agency Wide Documents Access
and Management System’s (ADAMS)
Public Electronic Reading Room on the
Internet at the NRC Web site https://
www.nrc.gov/reading-rm/adams.html.
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 1–800–
397–4209, or 301–415–4737 or by e-mail
to pdr@nrc.gov.
Dated at Rockville, Maryland this 24th day
of January, 2008.
For the Nuclear Regulatory Commission.
Brian W. Smith,
Chief, Enrichment and Conversion Branch,
Fuel Facility Licensing Directorate, Division
of Fuel Cycle Safety and Safeguards, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. E8–1807 Filed 1–30–08; 8:45 am]
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–28134]
Notice of Applications for
Deregistration Under Section 8(f) of the
Investment Company Act of 1940
January 25, 2008.
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of January
2008. A copy of each application may be
obtained for a fee at the SEC’s Public
Reference Branch (tel. 202–551–5850).
An order granting each application will
be issued unless the SEC orders a
hearing. Interested persons may request
a hearing on any application by writing
to the SEC’s Secretary at the address
below and serving the relevant
applicant with a copy of the request,
personally or by mail. Hearing requests
should be received by the SEC by 5:30
p.m. on February 19, 2008, and should
be accompanied by proof of service on
the applicant, 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 Secretary, U.S. Securities
and Exchange Commission, 100 F
Street, NE., Washington, DC 20549–
1090.
FOR FURTHER INFORMATION CONTACT:
Diane L. Titus at (202) 551–6810, SEC,
Division of Investment Management,
Office of Investment Company
Regulation, 100 F Street, NE.,
Washington, DC 20549–4041.
Zacks Series Trust
[File No. 811–9549]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. Applicant has
never made a public offering of its
securities and does not propose to make
a public offering or engage in business
of any kind.
Filing Dates: The application was
filed on November 8, 2007, and
amended on January 11, 2008.
Applicant’s Address: 100 N. Riverside
Plaza, Suite 2200, Chicago, IL 60606.
Van Kampen Income Trust
[File No. 811–5273]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On June 25, 2007,
applicant made a final liquidating
distribution to its shareholders, based
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Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices
on net asset value. Expenses of $4,500
incurred in connection with the
liquidation were paid by applicant.
Filing Date: The application was filed
on December 14, 2007.
Applicant’s Address: 522 Fifth Ave.,
New York, NY 10036.
BlackRock S&P 500 (R) Protected
Equity Fund, Inc.
[File No. 811–9479]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On November 21,
2007, applicant made a liquidating
distribution to its shareholders, based
on net asset value. Expenses of $37,425
incurred in connection with the
liquidation were paid by BlackRock
Advisors, LLC (‘‘BlackRock’’),
applicant’s investment adviser. On
November 28, 2007, assets of $257,156,
representing an amount due to
applicant, and an offsetting liability in
the same amount, representing monies
advanced to applicant for distribution to
shareholders by BlackRock, were
transferred to BSP Liquidating Trust,
resulting in applicant having no assets
or liabilities as of that date.
Filing Date: The application was filed
on December 19, 2007.
Applicant’s Address: c/o BlackRock
Advisors, LLC, 100 Bellevue Parkway,
Wilmington, DE 19809.
USAA Mutual Fund, Inc.
[File No. 811–2429]
USAA Tax Exempt Fund, Inc.
[File No. 811–3333]
USAA Investment Trust
[File No. 811–4019]
Summary: Each applicant seeks an
order declaring that it has ceased to be
an investment company. On July 31,
2006, each applicant transferred its
assets to USAA Mutual Funds Trust,
based on net asset value. Expenses of
$1,680,029, $272,077 and $650,851,
respectively, incurred in connection
with the reorganizations were paid by
each applicant.
Filing Dates: The applications were
filed on December 14, 2007.
Applicants’ Address: 9800
Fredericksburg Rd., A–3–W, San
Antonio, TX 78288.
Sit Mutual Funds Trust
rwilkins on PROD1PC63 with NOTICES
[File No. 811–21447]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On July 31, 2007,
applicant transferred its assets to Sit
Tax-Free Income Fund, a series of Sit
Mutual Funds II, Inc., based on net asset
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18:07 Jan 30, 2008
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value. Expenses of $22,795 incurred in
connection with the reorganization were
paid by Sit Investment Associates, Inc.,
applicant’s investment adviser.
Filing Dates: The application was
filed on November 8, 2007, and
amended on January 7, 2008.
Applicant’s Address: Sit Mutual
Funds, 3300 IDS Center, 80 South 8th
St., Minneapolis, MN 55402.
Mezzacappa Long/Short Fund, LLC
[File No. 811–21469]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. Applicant is not
presently making a public offering of its
securities and does not propose to make
a public offering. Applicant will
continue to engage in its regular
business activities and will operate in
reliance on section 3(c)(7) of the Act.
Filing Dates: The application was
filed on November 21, 2007 and
amended on December 21, 2007.
Applicant’s Address: 630 Fifth Ave.,
New York, NY 10111.
MDT Funds
[File No. 811–21141]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On November 17,
2006 and December 8, 2006, applicant
transferred its assets to corresponding
series of Federated MDT Series, based
on net asset value. Expenses of
approximately $1,358,297 incurred in
connection with the reorganization were
paid by Federated Investors, Inc., the
parent of the surviving fund.
Filing Dates: The application was
filed on November 13, 2007, and
amended on December 21, 2007.
Applicant’s Address: Federated
Investors Tower, 5800 Corporate Dr.,
Pittsburgh, PA 15237–7010.
The Jhaveri Trust
[File No. 811–8974]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. Applicant is not
currently making a public offering of its
securities and does not propose to make
a public offering. Applicant has fewer
than one hundred beneficial owners and
will continue to operate as a private
investment vehicle in reliance on
section 3(c)(1) of the Act.
Filing Dates: The application was
filed on December 29, 2006, and
amended on March 5, 2007, and January
24, 2008.
Applicant’s Address: 27881 Clemens
Rd., Westlake, OH 44145.
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5885
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8–1687 Filed 1–30–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57199; File No. SR–NASD–
2005–114]
Self-Regulatory Organizations;
National Association of Securities
Dealers, Inc. (n/k/a Financial Industry
Regulatory Authority, Inc.); Notice of
Filing of Proposed Rule Change and
Amendment Nos. 1, 2, 3 and 4 Relating
to the Regulation of Compensation,
Fees and Expenses in Public Offerings
of Real Estate Investment Trusts and
Direct Participation Programs
January 25, 2008.
On September 28, 2005, pursuant to
section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 the National
Association of Securities Dealers, Inc.
(‘‘NASD’’) 3 filed with the Securities and
Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) proposed amendments
to NASD Rule 2810. On June 12, 2006,
NASD filed Amendment No. 1 to the
proposed rule change.4 The proposed
rule change was published for comment
in the Federal Register on July 17, 2006
(‘‘Original Proposal’’),5 and the
Commission received six comments,
which are discussed below in section
II.6 On April 16, 2007, NASD filed
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 On July 26, 2007, the Commission approved a
proposed rule change filed by NASD to amend
NASD’s Certificate of Incorporation to reflect its
name change to Financial Industry Regulatory
Authority, Inc., or FINRA, in connection with the
consolidation of the member firm regulatory
functions of NASD and NYSE Regulation, Inc. See
Exchange Act Release No. 56146 (July 26, 2007), 72
FR 42190 (Aug. 1, 2007).
4 Amendment No. 1 replaced and superseded the
original rule filing.
5 See Securities Exchange Act Release No. 54118
(July 10, 2006), 71 FR 40569 (July 17, 2006) (SR–
NASD–2005–114).
6 See letters from the Committee on Federal
Regulation of Securities of the American Bar
Association (Keith F. Higgins), dated Aug. 22, 2006
(‘‘ABA Committee’’); North American Securities
Administrators Association (Patricia D. Struck),
dated Aug. 11, 2006 (‘‘NASAA’’); Dominion
Investor Services, Inc. (Kevin P. Takacs), dated Aug.
7, 2006; Investment Program Association
(Rosemarie Thurston), dated Aug. 7, 2006 (‘‘IPA’’);
the Securities Division of Office of the Secretary of
the Commonwealth of Massachusetts (Bryan
Lantagne), dated Aug. 4, 2006 (‘‘Massachusetts
Securities Division’’); and Cambridge Legacy Group
(Frank Akridge, Jr.), dated Aug. 4, 2006.
2 17
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]]>Agencies
[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Pages 5884-5885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1687]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. IC-28134]
Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940
January 25, 2008.
The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
January 2008. A copy of each application may be obtained for a fee at
the SEC's Public Reference Branch (tel. 202-551-5850). An order
granting each application will be issued unless the SEC orders a
hearing. Interested persons may request a hearing on any application by
writing to the SEC's Secretary at the address below and serving the
relevant applicant with a copy of the request, personally or by mail.
Hearing requests should be received by the SEC by 5:30 p.m. on February
19, 2008, and should be accompanied by proof of service on the
applicant, 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 Secretary, U.S. Securities and Exchange Commission, 100
F Street, NE., Washington, DC 20549-1090.
For Further Information Contact: Diane L. Titus at (202) 551-6810, SEC,
Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-4041.
Zacks Series Trust
[File No. 811-9549]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant has never made a public offering of
its securities and does not propose to make a public offering or engage
in business of any kind.
Filing Dates: The application was filed on November 8, 2007, and
amended on January 11, 2008.
Applicant's Address: 100 N. Riverside Plaza, Suite 2200, Chicago,
IL 60606.
Van Kampen Income Trust
[File No. 811-5273]
Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On June 25,
2007, applicant made a final liquidating distribution to its
shareholders, based
[[Page 5885]]
on net asset value. Expenses of $4,500 incurred in connection with the
liquidation were paid by applicant.
Filing Date: The application was filed on December 14, 2007.
Applicant's Address: 522 Fifth Ave., New York, NY 10036.
BlackRock S&P 500 (R) Protected Equity Fund, Inc.
[File No. 811-9479]
Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On November
21, 2007, applicant made a liquidating distribution to its
shareholders, based on net asset value. Expenses of $37,425 incurred in
connection with the liquidation were paid by BlackRock Advisors, LLC
(``BlackRock''), applicant's investment adviser. On November 28, 2007,
assets of $257,156, representing an amount due to applicant, and an
offsetting liability in the same amount, representing monies advanced
to applicant for distribution to shareholders by BlackRock, were
transferred to BSP Liquidating Trust, resulting in applicant having no
assets or liabilities as of that date.
Filing Date: The application was filed on December 19, 2007.
Applicant's Address: c/o BlackRock Advisors, LLC, 100 Bellevue
Parkway, Wilmington, DE 19809.
USAA Mutual Fund, Inc.
[File No. 811-2429]
USAA Tax Exempt Fund, Inc.
[File No. 811-3333]
USAA Investment Trust
[File No. 811-4019]
Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On July 31, 2006, each applicant
transferred its assets to USAA Mutual Funds Trust, based on net asset
value. Expenses of $1,680,029, $272,077 and $650,851, respectively,
incurred in connection with the reorganizations were paid by each
applicant.
Filing Dates: The applications were filed on December 14, 2007.
Applicants' Address: 9800 Fredericksburg Rd., A-3-W, San Antonio,
TX 78288.
Sit Mutual Funds Trust
[File No. 811-21447]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 31, 2007, applicant transferred its
assets to Sit Tax-Free Income Fund, a series of Sit Mutual Funds II,
Inc., based on net asset value. Expenses of $22,795 incurred in
connection with the reorganization were paid by Sit Investment
Associates, Inc., applicant's investment adviser.
Filing Dates: The application was filed on November 8, 2007, and
amended on January 7, 2008.
Applicant's Address: Sit Mutual Funds, 3300 IDS Center, 80 South
8th St., Minneapolis, MN 55402.
Mezzacappa Long/Short Fund, LLC
[File No. 811-21469]
Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant is
not presently making a public offering of its securities and does not
propose to make a public offering. Applicant will continue to engage in
its regular business activities and will operate in reliance on section
3(c)(7) of the Act.
Filing Dates: The application was filed on November 21, 2007 and
amended on December 21, 2007.
Applicant's Address: 630 Fifth Ave., New York, NY 10111.
MDT Funds
[File No. 811-21141]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On November 17, 2006 and December 8, 2006,
applicant transferred its assets to corresponding series of Federated
MDT Series, based on net asset value. Expenses of approximately
$1,358,297 incurred in connection with the reorganization were paid by
Federated Investors, Inc., the parent of the surviving fund.
Filing Dates: The application was filed on November 13, 2007, and
amended on December 21, 2007.
Applicant's Address: Federated Investors Tower, 5800 Corporate Dr.,
Pittsburgh, PA 15237-7010.
The Jhaveri Trust
[File No. 811-8974]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant is not currently making a public
offering of its securities and does not propose to make a public
offering. Applicant has fewer than one hundred beneficial owners and
will continue to operate as a private investment vehicle in reliance on
section 3(c)(1) of the Act.
Filing Dates: The application was filed on December 29, 2006, and
amended on March 5, 2007, and January 24, 2008.
Applicant's Address: 27881 Clemens Rd., Westlake, OH 44145.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-1687 Filed 1-30-08; 8:45 am]
BILLING CODE 8011-01-P
