Proposed Collection; Comment Request, 32750-32751 [E8-12949]

Download as PDF 32750 Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Notices NUCLEAR REGULATORY COMMISSION Withdrawal of Regulatory Guide U.S. Nuclear Regulatory Commission. ACTION: Withdrawal of Regulatory Guide 1.139. AGENCY: FOR FURTHER INFORMATION CONTACT: dwashington3 on PRODPC61 with NOTICES Stephen C. O’Connor, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone 301–415– 2169 or e-mail SCO@nrc.gov SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is withdrawing Regulatory Guide 1.139, ‘‘Guidance for Residual Heat Removal,’’ which the agency issued for comment in May 1978. Regulatory Guide 1.139 proposed a method acceptable to the NRC staff for complying with General Design Criterion (GDC) 34, ‘‘Residual Heat Removal,’’ of Appendix A, ‘‘General Design Criteria for Nuclear Power Plants,’’ to Title 10, Part 50, ‘‘Domestic Licensing of Production and Utilization Facilities,’’ of the Code of Federal Regulations (10 CFR Part 50) with regard to actions taken in the control room (see GDC 19, ‘‘Control Room’’) to remove decay heat and sensible heat after a reactor shutdown. The NRC is withdrawing Regulatory Guide 1.139, ‘‘Guidance for Residual Heat Removal,’’ which the agency issued for comment in May 1978. Regulatory Guide 1.139 proposed a method acceptable to the NRC staff for complying with General Design Criterion (GDC) 34, ‘‘Residual Heat Removal,’’ of Appendix A, ‘‘General Design Criteria for Nuclear Power Plants,’’ to Title 10, Part 50, ‘‘Domestic Licensing of Production and Utilization Facilities,’’ of the Code of Federal Regulations (10 CFR Part 50) with regard to actions taken in the control room (see GDC 19, ‘‘Control Room’’) to remove decay heat and sensible heat after a reactor shutdown. The NRC is withdrawing Regulatory Guide 1.139 because it describes an overly conservative and prescriptive method for complying with the aforementioned criteria. Licensees for existing nuclear power plants have proposed alternative ways for complying with these criteria that the NRC staff has found to be acceptable in individual power plants based on case by case reviews. These alternatives were developed by licensees without guidance from the NRC. At this time, it also appears unlikely that future applicants would need additional VerDate Aug<31>2005 15:35 Jun 09, 2008 Jkt 211001 guidance from the NRC with regard to how to comply with these criteria. As such, Regulatory Guide 1.139 no longer provides useful information to licensees or applicants and additional guidance in this area is unnecessary. II. Further Information The withdrawal of Regulatory Guide 1.139 does not, in and of itself, alter any prior or existing licensing commitments based on its use. The guidance provided in this regulatory guide is no longer necessary. Regulatory guides may be withdrawn when their guidance is superseded by congressional action, the methods or techniques described in the regulatory guide no longer describe a preferred approach, or the regulatory guide does not provide useful information. Regulatory guides are available for inspection or downloading through the NRC’s public Web site under ‘‘Regulatory Guides’’ in the NRC’s Electronic Reading Room at https:// www.nrc.gov/reading-rm/doccollections. Regulatory guides are also available for inspection at the NRC’s Public Document Room (PDR), Room O– 1F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852– 2738. The PDR mailing address is U.S. NRC PDR, Washington, DC 20555–0001. The PDR staff can be reached by telephone at 301–415–4737 or 800–397– 4209, by fax at 301–415–3548, or by email to pdr@nrc.gov. Regulatory guides are not copyrighted, and NRC approval is not required to reproduce them. Dated at Rockville, Maryland, this 4th day of June 2008. For the Nuclear Regulatory Commission. Stephen C. O’Connor, Acting Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. E8–12951 Filed 6–9–08; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon written request, copies available from: U.S. Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Rule 17Ad–17, OMB Control No. 3235– 0469, SEC File No. 270–412. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. • Rule 17Ad–17 Transfer Agents’ Obligation To Search for Lost Security holders Rule 17Ad–17 (17 CFR 240.17Ad–17) requires approximately 608 registered transfer agents to conduct searches using third party database vendors to attempt to locate lost securityholders. These recordkeeping requirements assist the Commission and other regulatory agencies with monitoring transfer agents and ensuring compliance with the rule. The staff estimates that the average number of hours necessary for each transfer agent to comply with Rule 17Ad–17 is five hours annually. The total burden is approximately 2,432 hours annually for all transfer agents. The cost of compliance for each individual transfer agent depends on the number of lost accounts for which it is responsible. Based on information received from transfer agents, we estimate that the annual cost industry wide is $3.3 million. Written comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimates of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Comments should be directed to: R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send an e-mail to: PRA_Mailbox@sec.gov. Comments must be submitted within 60 days of this notice. E:\FR\FM\10JNN1.SGM 10JNN1 Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Notices Dated: June 4, 2008. Florence E. Harmon, Acting Secretary. [FR Doc. E8–12949 Filed 6–9–08; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94–409, that the Securities and Exchange Commission will hold an Open Meeting on June 11, 2008 at 10 a.m., in the Auditorium, Room L–002. The subject matter of the Open Meeting will be: The Commission will consider whether to propose rules relating to Nationally Recognized Statistical Rating Organizations and credit ratings. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551–5400. Dated: June 4, 2008. Florence E. Harmon, Acting Secretary. [FR Doc. E8–12931 Filed 6–9–08; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–57917] Notice of Proposed Order Approving Proposal by NYSE Arca, Inc. To Establish Fees for Certain Market Data and Request for Comment interested persons with further opportunity to comment. The Proposal was published for comment in the Federal Register on June 9, 2006.4 The Commission received 6 comment letters regarding the Proposal. On October 12, 2006, the Commission issued an order, by delegated authority, approving the Proposal.5 On November 6, 2006, NetCoalition (‘‘Petitioner’’) submitted a notice, pursuant to Rule 430 of the Commission’s Rules of Practice, indicating its intention to file a petition requesting that the Commission review and set aside the Delegated Order.6 On November 8, 2006, the Exchange submitted a response to the Petitioner’s Notice.7 On November 15, 2006, Petitioner submitted its petition requesting that the Commission review and set aside the Delegated Order.8 On December 27, 2006, the Commission issued an order: (1) Granting Petitioner’s request for the Commission to review the Delegated Order; (2) allowing any party or other person to file a statement in support of or in opposition to the action made by delegated authority; and (3) continuing the effectiveness of the automatic stay provided in Rule 431(e) of the Commission’s Rules of Practice.9 The Commission received 32 comments regarding the Petition. These comment letters,10 along with other materials the Commission has placed in the comment file, are available on our Web site. The Commission has considered the Petition and the comments submitted on the Petition, as well as the comments submitted on the Proposal. Although not required by section 19(b) of the Exchange Act, in the context of the Proposal we nonetheless are affording the public an additional opportunity to provide comment by publishing the Draft Order. dwashington3 on PRODPC61 with NOTICES June 4, 2008. I. Introduction On May 23, 2006, NYSE Arca, Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule change (‘‘Proposal’’) to establish fees for the receipt and use of certain market data that the Exchange makes available. We are publishing this notice and a proposed order approving the Proposal (‘‘Draft Order’’) 3 to provide 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 The Draft Order is included as Appendix A. 2 17 VerDate Aug<31>2005 15:35 Jun 09, 2008 Jkt 211001 4 Securities Exchange Act Release No. 53952 (June 7, 2006), 71 FR 33496 (June 9, 2006). 5 Securities Exchange Act Release No. 54597 (October 12, 2006), 71 FR 62029 (October 20, 2006) (‘‘Delegated Order’’). 6 Letter from Markham C. Erikson, Executive Director and General Counsel, NetCoalition, to the Honorable Christopher Cox, Chairman, SEC, dated November 6, 2006 (‘‘Notice’’). 7 Letter from Mary Yeager, Corporate Secretary, NYSE Arca Inc., to the Honorable Christopher Cox, Chairman, SEC, dated November 8, 2006 (‘‘NYSE ARCA Petition Response’’). 8 Petition for Commission Review submitted by Petitioner, dated November 14, 2006 (‘‘Petition’’). 9 Securities Exchange Act Release No. 55011 (December 27, 2006). 10 While the comment period on the Petition closed on January 17, 2007, we have included in the public comment file on the Petition all comment letters received after the close of the comment period. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 32751 II. Brief Overview of the Proposal and Draft Order Under Section 19 of the Exchange Act, the Commission must approve a proposed rule change related to setting fees for market data if it finds that the proposed rule change is consistent with the requirements of the Exchange Act and the rules thereunder. The attached Draft Order describes the relevant Exchange Act provisions and rules. The Proposal involves assessing fees for non-core market data. Core data is the best-priced quotations and comprehensive last sale reports of all markets that the Commission requires a central processor to consolidate and distribute to the public pursuant to joint-SRO plans. In contrast, individual exchanges and other market participants distribute non-core data voluntarily. The Commission believes it is able to incorporate the existence of competitive forces in its determination of whether an exchange’s proposal to distribute non-core data meets the standards of the Exchange Act provisions and rules. This approach follows the clear intent of Congress in adopting section 11A of the Exchange Act that, whenever possible, competitive forces should dictate the services and practices that constitute the U.S. national market system for trading equity securities. This market-based approach to noncore data has two parts. The first is to ask whether the exchange was subject to significant competitive forces in setting the terms of its proposal for non-core data, including the level of any fees. If an exchange was subject to significant competitive forces in setting the terms of a proposal, the Commission would approve the proposal unless it determines that there is a substantial countervailing basis to find that the terms nevertheless fail to meet an applicable requirement of the Exchange Act or the rules thereunder. If, however, the exchange was not subject to significant competitive forces in setting the terms of a proposal for non-core data, the Commission would require the exchange to provide a substantial basis, other than competitive forces, in its proposed rule change demonstrating that the terms of the proposal are equitable, fair, reasonable, and not unreasonably discriminatory. The Commission believes that, when possible, reliance on competitive forces is the most appropriate and effective means to assess whether terms for the distribution of non-core data are equitable, fair and reasonable, and not unreasonably discriminatory. If competitive forces are operative, the self-interest of the exchanges themselves E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 73, Number 112 (Tuesday, June 10, 2008)]
[Notices]
[Pages 32750-32751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12949]


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SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; Comment Request

Upon written request, copies available from: U.S. Securities and 
Exchange Commission, Office of Investor Education and Advocacy, 
Washington, DC 20549-0213.

Extension:
    Rule 17Ad-17, OMB Control No. 3235-0469, SEC File No. 270-412.

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') is soliciting comments on the collection of 
information summarized below. The Commission plans to submit this 
existing collection of information to the Office of Management and 
Budget for extension and approval.

 Rule 17Ad-17 Transfer Agents' Obligation To Search for Lost 
Security holders

    Rule 17Ad-17 (17 CFR 240.17Ad-17) requires approximately 608 
registered transfer agents to conduct searches using third party 
database vendors to attempt to locate lost securityholders. These 
recordkeeping requirements assist the Commission and other regulatory 
agencies with monitoring transfer agents and ensuring compliance with 
the rule.
    The staff estimates that the average number of hours necessary for 
each transfer agent to comply with Rule 17Ad-17 is five hours annually. 
The total burden is approximately 2,432 hours annually for all transfer 
agents. The cost of compliance for each individual transfer agent 
depends on the number of lost accounts for which it is responsible. 
Based on information received from transfer agents, we estimate that 
the annual cost industry wide is $3.3 million.
    Written comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; (b) the accuracy of the agency's estimates of 
the burden of the proposed collection of information; (c) ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology. 
Consideration will be given to comments and suggestions submitted in 
writing within 60 days of this publication.
    Comments should be directed to: R. Corey Booth, Director/Chief 
Information Officer, Securities and Exchange Commission, C/O Shirley 
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send 
an e-mail to: PRA_Mailbox@sec.gov. Comments must be submitted within 
60 days of this notice.


[[Page 32751]]


    Dated: June 4, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-12949 Filed 6-9-08; 8:45 am]
BILLING CODE 8010-01-P
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