Notice of Applications for Deregistration Under Section 8(f) of the Investment Company Act of 1940, 79939-79940 [E8-30855]
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial, Research and
Development Branch, Division of Nuclear
Materials Safety, Region I.
[FR Doc. E8–30940 Filed 12–29–08; 8:45 am]
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Advisory Committee on Reactor Safeguards.
[FR Doc. E8–30950 Filed 12–29–08; 8:45 am]
BILLING CODE 7590–01–P
22:55 Dec 29, 2008
[Release No. IC–28567]
Notice of Applications for
Deregistration Under Section 8(f) of the
Investment Company Act of 1940
December 19, 2008.
NUCLEAR REGULATORY
COMMISSION
VerDate Aug<31>2005
SECURITIES AND EXCHANGE
COMMISSION
Jkt 217001
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of December
2008. A copy of each application may be
obtained for a fee at the Commission’s
Public Reference Room, 100 F Street
NE., Washington, DC 20549–1520 (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
January 13, 2009, 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.
BlackRock Technology Fund, Inc. [File
No. 811–8721]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On September 15,
2008, applicant transferred its assets to
BlackRock Global Science & Technology
Opportunities Portfolio, a series of
BlackRock FundsSM, based on net asset
value. Expenses of $487,556 incurred in
connection with the reorganization were
paid by BlackRock Advisors, LLC,
applicant’s investment adviser, or its
affiliates.
Filing Date: The application was filed
on November 12, 2008.
Applicant’s Address: 800 Scudders
Mill Rd., Plainsboro, NJ 08536.
PO 00000
Frm 00151
Fmt 4703
Sfmt 4703
79939
MuniDividend Insured Fund, Inc. [File
No. 811–21062]; MuniHoldings Fund
III, Inc. [File No. 811–21626];
MuniHoldings California Fund, Inc.
[File No. 811–21627]
Summary: Applicants, each a closedend investment company, seek an order
declaring that they have ceased to be
investment companies. Applicants have
never made a public offering of their
securities and do not propose to make
a public offering or engage in business
of any kind.
Filing Date: The applications were
filed on November 5, 2008.
Applicants’ Address: BlackRock Inc.,
800 Scudders Mill Rd., Plainsboro, NJ
08536.
BlackRock Enhanced Equity Yield
Fund, Inc. [File No. 811–21722];
BlackRock Enhanced Equity Yield &
Premium Fund, Inc. [File No. 811–
21755]
Summary: Applicants, each a closedend investment company, seek an order
declaring that they have ceased to be
investment companies. On November 3,
2008, each applicant transferred its
assets to BlackRock Enhanced Capital
and Income Fund, Inc., based on net
asset value. Expenses of $289,026 and
$267,780, respectively, incurred in
connection with the reorganizations
were paid by each applicant.
Filing Date: The applications were
filed on November 19, 2008.
Applicants’ Address: 100 Bellevue
Parkway, Wilmington, DE 19809.
Mezzacappa Partners, LLC [File No.
811–21752]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. Between January
24, 2008 and December 3, 2008,
applicant made liquidating distributions
to its shareholders, based on net asset
value. Expenses of approximately
$350,000 incurred in connection with
the liquidation were paid by applicant.
Applicant has retained $200,000 in cash
and trade receivables to pay remaining
outstanding expenses.
Filing Dates: The application was
filed on September 3, 2008, and
amended on December 3, 2008.
Applicant’s Address: c/o Mezzacappa
Management, LLC, 630 Fifth Ave., Suite
2600, New York, NY 10111.
Ameristock ETF Trust [File No. 811–
21941]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On August 22,
2008, applicant made a final liquidating
distribution to its shareholders, based
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79940
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
on net asset value. Expenses of $82,245
incurred in connection with the
liquidation were paid by Ameristock
Corporation, applicant’s investment
adviser.
Filing Dates: The application was
filed on October 14, 2008, and amended
on December 1, 2008.
Applicant’s Address: 1320 Harbor Bay
Parkway, Suite 145, Alameda, CA
94502.
Fortis Growth Fund Inc. [File No. 811–
848]; Fortis Income Portfolios Inc. [File
No. 811–2341]; Fortis Money Portfolios
Inc. [File No. 811–2943]; Fortis TaxFree Portfolios Inc. [File No. 811–3498];
Fortis Advantage Portfolios Inc. [File
No. 811–5355]; Fortis Worldwide
Portfolios Inc. [File No. 811–6297]
Summary: Each applicant seeks an
order declaring that it has ceased to be
an investment company. On February
15, 2002, each applicant transferred its
assets to The Hartford Mutual Funds II,
Inc., based on net asset value.
Applicants incurred no expenses in
connection with the reorganizations.
Filing Dates: The application was
filed on July 8, 2008, and amended on
September 30, 2008, and November 11,
2008.
Applicants’ Address: PO Box 2999,
Hartford, CT 06104–2999.
pwalker on PROD1PC71 with NOTICES
Enterprise Accumulation Trust [File
No. 811–5543]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. Shareholders
approved the merger of applicant’s fund
on June 28, 2004, and applicant
distributed its assets on July 9, 2004.
The fund surviving the merger is EQ
Advisors Trust. AXA Equitable Life
Insurance Company and MONY Life
Insurance Company paid the $968,124
incurred in connection with the merger.
Filing Date: The application was filed
on February 9, 2006.
Applicant’s Address: Atlanta
Financial Center, 3343 Peachtree Road,
NE., Suite 450, Atlanta, Georgia 30326–
1022.
Variable Investment Trust [File No.
811–8392]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. Applicant
requests deregistration based on
abandonment of registration. At the time
of filing, applicant had no shareholders
and thus qualified for an exclusion from
the definition of ‘‘investment company’’
in Section 3(c)(1) of the 1940 Act.
Filing Dates: The application was
filed on June 30, 2008, and amended
and restated on December 1, 2008.
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22:55 Dec 29, 2008
Jkt 217001
Applicant’s Address: 3001 Summer
Street, Stamford, Connecticut 06904.
The American Separate Account 5 [File
No. 811–10409]
Summary: Applicant, a unit
investment trust, seeks an order
declaring that it has ceased to be an
investment company as part of a
liquidation. Applicant has distributed
all of its assets to the fund’s
shareholders, has no assets or liabilities,
and has incurred no expenses in
connection with the liquidation.
Applicant is not now engaged, nor does
it intend to engage, in any business
activities other than those necessary for
winding up its affairs.
Filing Date: The application was filed
on August 8, 2008.
Applicant’s Address: 6 International
Drive, Suite 190, Rye Brook, NY 10573.
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–30855 Filed 12–29–08; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–59133]
Order Granting Application for a
Temporary Conditional Exemption
Pursuant to Section 36(a) of the
Exchange Act by the International
Securities Exchange, LLC Relating to
the Acquisition by International
Securities Exchange Holdings, Inc. of
an Electronic Communications
Network
December 22, 2008.
I. Introduction
On December 3, 2008, the
International Securities Exchange, LLC
(‘‘ISE’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to Rule
0–12 1 under the Securities Exchange
Act of 1934 (‘‘Exchange Act’’), an
application for an exemption under
Section 36(a)(1) of the Exchange Act 2
from the rule filing requirements of
Section 19(b) of the Exchange Act 3 with
respect to the acquisition by
International Securities Exchange
Holdings, Inc. (‘‘ISE Holdings’’), the
parent of ISE, of an equity interest in
Direct Edge Holdings, LLC (‘‘DE
1 17
CFR 240.0–12.
U.S.C. 78mm(a)(1).
3 15 U.S.C. 78s(b).
2 15
PO 00000
Frm 00152
Fmt 4703
Sfmt 4703
Holdings’’).4 DE Holdings is the sole
owner of Direct Edge ECN LLC
(‘‘DECN’’), a registered broker-dealer
and electronic communications network
(‘‘ECN’’). This order grants the request
for temporary exemptive relief, subject
to the satisfaction of certain conditions,
which are outlined below.
II. Application for Temporary
Conditional Exemption From Section
19(b) Rule Filing Requirements
On December 3, 2008, the ISE
requested that the Commission grant a
temporary exemption, subject to certain
conditions, under Section 36 of the
Exchange Act from the rule filing
procedures of Section 19(b) of the
Exchange Act in connection with ISE
Holdings’ acquisition of an equity
interest in DE Holdings and the
operation of DECN as a facility of ISE.5
According to the Exemption Request,
on August 22, 2008, ISE Holdings, DE
Holdings, ISE Stock Exchange, LLC
(‘‘ISE Stock’’), a Delaware limited
liability company that operates a
marketplace for the trading of U.S. cash
equity securities by Equity Electronic
Access Members (‘‘Equity EAMs’’) of
ISE (the ‘‘Facility’’),6 and certain other
parties entered into a Transaction
Agreement whereby, among other
things: (1) ISE Holdings will purchase a
31.54% equity interest in DE Holdings,
the sole owner of DECN, a registered
broker-dealer and ECN; and (2) ISE
Stock will merge into Maple Merger
Sub, a wholly-owned subsidiary of DE
Holdings (‘‘Merger Sub’’), which will
operate the Facility following the
closing of the transaction (the
‘‘Closing’’). After the Closing, the
Facility will continue to be a facility of
ISE.
DECN’s current relationship with ISE
is limited to participating in ISE as an
Equity EAM of ISE, and DECN displays
its limit orders on the Facility in the
same manner as other ECNs that display
their limit orders on the Facility.
Neither ISE Holdings nor ISE currently
has an ownership interest in DECN.
After the Closing, DECN will continue
to operate as an ECN and to submit limit
orders to the Facility for display and
execution.
Following the Closing, DECN also will
become a facility, as defined in Section
3(a)(2) of the Exchange Act, of ISE
4 See letter from Michael J. Simon, General
Counsel and Secretary, ISE, to Florence Harmon,
Acting Secretary, Commission, dated December 3,
2008 (‘‘Exemption Request’’).
5 See Section 3(a)(2) of the Exchange Act, 15
U.S.C. 78c3(a)(2) (definition of ‘‘facility’’).
6 ISE Stock operates the Facility under the rules
of the ISE as a facility, as defined in Section 3(a)(2)
of the Exchange Act, of ISE.
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30DEN1
Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Notices]
[Pages 79939-79940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30855]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. IC-28567]
Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940
December 19, 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
December 2008. A copy of each application may be obtained for a fee at
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549-1520 (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 January 13, 2009, 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.
BlackRock Technology Fund, Inc. [File No. 811-8721]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On September 15, 2008, applicant transferred
its assets to BlackRock Global Science & Technology Opportunities
Portfolio, a series of BlackRock FundsSM, based on net asset
value. Expenses of $487,556 incurred in connection with the
reorganization were paid by BlackRock Advisors, LLC, applicant's
investment adviser, or its affiliates.
Filing Date: The application was filed on November 12, 2008.
Applicant's Address: 800 Scudders Mill Rd., Plainsboro, NJ 08536.
MuniDividend Insured Fund, Inc. [File No. 811-21062]; MuniHoldings Fund
III, Inc. [File No. 811-21626]; MuniHoldings California Fund, Inc.
[File No. 811-21627]
Summary: Applicants, each a closed-end investment company, seek an
order declaring that they have ceased to be investment companies.
Applicants have never made a public offering of their securities and do
not propose to make a public offering or engage in business of any
kind.
Filing Date: The applications were filed on November 5, 2008.
Applicants' Address: BlackRock Inc., 800 Scudders Mill Rd.,
Plainsboro, NJ 08536.
BlackRock Enhanced Equity Yield Fund, Inc. [File No. 811-21722];
BlackRock Enhanced Equity Yield & Premium Fund, Inc. [File No. 811-
21755]
Summary: Applicants, each a closed-end investment company, seek an
order declaring that they have ceased to be investment companies. On
November 3, 2008, each applicant transferred its assets to BlackRock
Enhanced Capital and Income Fund, Inc., based on net asset value.
Expenses of $289,026 and $267,780, respectively, incurred in connection
with the reorganizations were paid by each applicant.
Filing Date: The applications were filed on November 19, 2008.
Applicants' Address: 100 Bellevue Parkway, Wilmington, DE 19809.
Mezzacappa Partners, LLC [File No. 811-21752]
Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Between
January 24, 2008 and December 3, 2008, applicant made liquidating
distributions to its shareholders, based on net asset value. Expenses
of approximately $350,000 incurred in connection with the liquidation
were paid by applicant. Applicant has retained $200,000 in cash and
trade receivables to pay remaining outstanding expenses.
Filing Dates: The application was filed on September 3, 2008, and
amended on December 3, 2008.
Applicant's Address: c/o Mezzacappa Management, LLC, 630 Fifth
Ave., Suite 2600, New York, NY 10111.
Ameristock ETF Trust [File No. 811-21941]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On August 22, 2008, applicant made a final
liquidating distribution to its shareholders, based
[[Page 79940]]
on net asset value. Expenses of $82,245 incurred in connection with the
liquidation were paid by Ameristock Corporation, applicant's investment
adviser.
Filing Dates: The application was filed on October 14, 2008, and
amended on December 1, 2008.
Applicant's Address: 1320 Harbor Bay Parkway, Suite 145, Alameda,
CA 94502.
Fortis Growth Fund Inc. [File No. 811-848]; Fortis Income Portfolios
Inc. [File No. 811-2341]; Fortis Money Portfolios Inc. [File No. 811-
2943]; Fortis Tax-Free Portfolios Inc. [File No. 811-3498]; Fortis
Advantage Portfolios Inc. [File No. 811-5355]; Fortis Worldwide
Portfolios Inc. [File No. 811-6297]
Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On February 15, 2002, each applicant
transferred its assets to The Hartford Mutual Funds II, Inc., based on
net asset value. Applicants incurred no expenses in connection with the
reorganizations.
Filing Dates: The application was filed on July 8, 2008, and
amended on September 30, 2008, and November 11, 2008.
Applicants' Address: PO Box 2999, Hartford, CT 06104-2999.
Enterprise Accumulation Trust [File No. 811-5543]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Shareholders approved the merger of
applicant's fund on June 28, 2004, and applicant distributed its assets
on July 9, 2004. The fund surviving the merger is EQ Advisors Trust.
AXA Equitable Life Insurance Company and MONY Life Insurance Company
paid the $968,124 incurred in connection with the merger.
Filing Date: The application was filed on February 9, 2006.
Applicant's Address: Atlanta Financial Center, 3343 Peachtree Road,
NE., Suite 450, Atlanta, Georgia 30326-1022.
Variable Investment Trust [File No. 811-8392]
Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant requests deregistration based on
abandonment of registration. At the time of filing, applicant had no
shareholders and thus qualified for an exclusion from the definition of
``investment company'' in Section 3(c)(1) of the 1940 Act.
Filing Dates: The application was filed on June 30, 2008, and
amended and restated on December 1, 2008.
Applicant's Address: 3001 Summer Street, Stamford, Connecticut
06904.
The American Separate Account 5 [File No. 811-10409]
Summary: Applicant, a unit investment trust, seeks an order
declaring that it has ceased to be an investment company as part of a
liquidation. Applicant has distributed all of its assets to the fund's
shareholders, has no assets or liabilities, and has incurred no
expenses in connection with the liquidation. Applicant is not now
engaged, nor does it intend to engage, in any business activities other
than those necessary for winding up its affairs.
Filing Date: The application was filed on August 8, 2008.
Applicant's Address: 6 International Drive, Suite 190, Rye Brook,
NY 10573.
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-30855 Filed 12-29-08; 8:45 am]
BILLING CODE 8011-01-P