Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Notices 23855 

ACTION: Notice. 

SUMMARY: Under the Paperwork 

Reduction Act of 1995, Public Law 104– 

13 (44 U.S.C. 3501 et seq.), and as part 

of its continuing effort to reduce 

paperwork and respondent burden, the 

National Science Foundation (NSF) is 

inviting the general public and other 

Federal agencies to comment on this 

proposed information collection. 

DATES: Written comments on this notice 

must be received by June 29, 2007 to be 

assured of consideration. Comments 

received after that date will be 

considered to the extent practicable. 

ADDRESSES: Written comments 

regarding the information collection and 

requests for copies of the proposed 

information collection request should be 

addressed to Suzanne Plimpton, Reports 

Clearance Officer, National Science 

Foundation, 4201 Wilson Boulevard, 

Room 295, Arlington, VA 22230, or by 

e-mail to splimpton@nsf.gov. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Plimpton on (703) 292–7556 or 

send e-mail to splimpton@nsf.gov. 

Individuals who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern time, 

Monday through Friday. 

SUPPLEMENTARY INFORMATION: 

Title of Collection: Antarctic 

emergency response plan and 

environmental protection information. 

OMB Approval Number: 3145–0180. 

Expiration Date of Approval: 

November 30, 2007. 

Abstract: The NSF, pursuant to the 

Antarctic Conservation Act of 1978 (16 

U.S.C. 2401 et seq.) (‘‘ACA’’) regulates 

certain non-governmental activities in 

Antarctica. The ACA was amended in 

1996 by the Antarctic Science, Tourism, 

and Conservation Act. On September 7, 

2001, NSF published a final rule in the 

Federal Register (66 FR 46739) 

implementing certain of these statutory 

amendments. The rule requires nongovernmental Antarctic expeditions 

using non-U.S. flagged vessels to ensure 

that the vessel owner has an emergency 

response plan. The rule also requires 

persons organizing a non-governmental 

expedition to provide expedition 

members with information on their 

environmental protection obligations 

under the Antarctic Conservation Act. 

Expected Respondents. Respondents 

may include non-profit organizations 

and small and large businesses. The 

majority of respondents are anticipated 

to be U.S. tour operators, currently 

estimated to number twelve. 

Burden on the Public. The Foundation 

estimates that a one-time paperwork and 

recordkeeping burden of 40 hours or 

less, at a cost of $500 to $1400 per 

respondent, will result from the 

emergency response plan requirement 

contained in the rule. Presently, all 

respondents have been providing 

expedition members with a copy of the 

Guidance for Visitors to the Antarctic 

(prepared and adopted at the Eighteenth 

Antarctic Treaty Consultative Meeting 

as Recommendation XVIII–1). Because 

this Antarctic Treaty System document 

satisfies the environmental protection 

information requirements of the rule, no 

additional burden shall result from the 

environmental information 

requirements in the proposed rule. 

Dated: April 24, 2007. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation. 

[FR Doc. E7–8208 Filed 4–30–07; 8:45 am] 

BILLING CODE 7555–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Filings and 

Information Services, Washington, DC 

20549. 

Extension: 

Form N–3, SEC File No. 270–281, OMB 

Control No. 3235–0316. 

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’’) has submitted to the 

Office of Management and Budget 

(‘‘OMB’’) a request for extension of the 

previously approved collection of 

information discussed below. 

The title for the collection of 

information is ‘‘Form N–3 (17 CFR 

239.17a and 274.11b) under the 

Securities Act of 1933 and under the 

Investment Company Act of 1940, 

Registration Statement of Separate 

Accounts Organized as Management 

Investment Companies.’’ Form N–3 is 

the form used by insurance company 

separate accounts organized as 

management investment companies that 

offer variable annuity contracts to 

register as investment companies under 

the Investment Company Act of 1940 

(15 U.S.C. 80a–1 et seq.) and/or to 

register their securities under the 

Securities Act of 1933 (15 U.S.C. 77a et 

seq.). The primary purpose of the 

registration process is to provide 

disclosure of financial and other 

information to investors and potential 

investors for the purpose of evaluating 

an investment in a security. Form N–3 

also permits separate accounts 

organized as management investment 

companies that offer annuity contracts 

to provide investors with a prospectus 

containing information required in a 

registration statement prior to the sale or 

at the time of confirmation of delivery 

of securities. The form also may be used 

by the Commission in its regulatory 

review, inspection, and policy-making 

roles. 

The Commission estimates that there 

are 2 initial registration statements and 

30 post-effective amendments to initial 

registration statements filed on Form N– 

3 annually and that the average number 

of portfolios referenced in each initial 

filing and post-effective amendment is 

2. The Commission further estimates 

that the hour burden for preparing and 

filing a post-effective amendment on 

Form N–3 is 154.7 hours per portfolio. 

The total annual hour burden for 

preparing and filing post-effective 

amendments is 9,282 hours (30 posteffective amendments x 2 portfolios x 

154.7 hours per portfolio). The 

estimated annual hour burden for 

preparing and filing initial registration 

statements is 3,690.8 hours (2 initial 

registration statements x 2 portfolios x 

922.7 hours per portfolio). The total 

annual hour burden for Form N–3, 

therefore, is estimated to be 12,972.8 

hours (9,282 hours + 3,690.8 hours). 

The information collection 

requirements imposed by Form N–3 are 

mandatory. Responses to the collection 

of information will not be kept 

confidential. An agency may not 

conduct or sponsor, and a person is not 

required to respond to a collection of 

information unless it displays a 

currently valid control number 

General comments regarding the 

above information should be directed to 

the following persons: (i) Desk Officer 

for the Securities and Exchange 

Commission, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Room 10102, 

New Executive Office Building, 

Washington, DC 20503 or e-mail to: 

David—Rostker@omb.eop.gov; and (ii) 

R. Corey Booth, Director/Chief 

Information Officer, Securities and 

Exchange Commission, C/O Shirley 

Martinson, 6432 General Green Way, 

Alexandria, VA 22312, or send an email to: PRA—Mailbox@sec.gov. 

Comments must be submitted to OMB 

within 30 days of this notice. 


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23856 Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Notices 

Dated: April 23, 2007. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–8196 Filed 4–30–07; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–27783; File No. 812–13334] 

XTF Advisors Trust, et al.; Notice of 

Application 

April 25, 2007. 

AGENCY: Securities and Exchange 

Commission (‘‘SEC’’ or the 

‘‘Commission’’). 

ACTION: Notice of Application for 

exemption pursuant to Section 6(c) of 

the Investment Company Act of 1940, as 

amended (the ‘‘1940 Act’’), for an 

exemption from the provisions of 

Sections 9(a), 13(a), 15(a), and 15(b) of 

the 1940 Act and Rules 6e–2(b)(15) and 

6e–3(T)(b)(15) thereunder. 

APPLICANTS: XTF Advisors Trust (the 

‘‘Trust’’) and XTF Advisors LLC, (the 

‘‘Investment Advisor’’), (collectively the 

‘‘Applicants’’). 

SUMMARY OF APPLICATION: Applicants 

request an order pursuant to Section 

6(c) of the 1940 Act exempting certain 

life insurance companies and their 

separate accounts that currently invest 

or may hereafter invest in the Insurance 

Funds (defined below) from the 

provisions of Sections 9(a), 13(a), 15(a), 

and 15(b) of the 1940 Act and Rules 6e– 

2(b)(15) and 6e–3(T)(b)(15) thereunder, 

to the extent necessary to permit shares 

of the Trust and shares of any future 

investment companies that are designed 

to fund insurance products and for 

which the Investment Advisor or any of 

its affiliates may serve as investment 

manager, investment adviser, 

subadviser, administrator, principal 

underwriter or sponsor (each, an 

‘‘Insurance Fund’’ and collectively, the 

‘‘Insurance Funds’’) to be sold to and 

held by: (a) Separate accounts funding 

variable annuity contracts and variable 

life insurance policies (collectively 

‘‘Variable Contracts’’) issued by both 

affiliated life insurance companies and 

unaffiliated life insurance companies; 

(b) trustees of qualified group pension 

and group retirement plans outside of 

the separate account context (‘‘Qualified 

Plans’’); (c) separate accounts that are 

not registered as investment companies 

under the 1940 Act pursuant to 

exemptions from registration under 

Section 3(c) of the 1940 Act; (d) any 

Advisor to an Insurance Fund for the 

purpose of providing seed capital to an 

Insurance Fund; and (e) any other 

account of a Participating Insurance 

Company permitted to hold shares of an 

Insurance Fund (‘‘General Accounts’’). 

FILING DATE: The Application was filed 

on October 17, 2006, and amended on 

April 17, 2007. 

HEARING OR NOTIFICATION OF HEARING: If 

no hearing is ordered, the requested 

exemption will be granted. Any 

interested person may request a hearing 

on this Application, or ask to be notified 

if a hearing is ordered. Any requests 

must be received by the Commission by 

5:30 p.m. on May 21, 2007. Request a 

hearing in writing, giving the nature of 

your interest, the reason for the request, 

and the issues you contest. Serve the 

Applicants with the request, either 

personally or by mail, and also send it 

to the Secretary of the Commission, 

along with proof of service by affidavit, 

or in the case of any attorney-at-law by 

certificate. Request notification of the 

date of a hearing by writing to the 

Secretary of the Commission. 

ADDRESSES: The Commission: Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090; Applicants: c/o JoAnn 

Strasser, Esq., Thompson Hine LLP, 312 

Walnut St., Suite 1400, Cincinnati Ohio 

45202. 

FOR FURTHER INFORMATION CONTACT: 

Robert S. Lamont, Jr., Senior Counsel, or 

Joyce M. Pickholz, Branch Chief, Office 

of Insurance Products, Division of 

Investment Management, at (202) 551– 

6795. 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

Application; the complete Application 

is available for a fee from the 

Commission’s Public Reference Branch, 

100 F Street, NE., Room 1580, 

Washington, DC 20549–1090 (telephone 

(202) 551–8090). 

Applicants’ Representations 

1. Each Insurance Fund is registered 

under the 1940 Act as an open-end 

management investment company. The 

Trust was organized under Delaware 

law on October 10, 2006 and is 

registered under the 1940 Act as a 

management investment company (File 

Nos. 811–21971/333–138261). 

2. The Investment Advisor was 

organized in 2002, under the laws of the 

State of Delaware, and registered with 

the Commission under the Investment 

Advisors Act of 1940, as amended, in 

2005. The sole member of the 

Investment Advisor is XTF L.P., a 

Delaware limited partnership. 

3. Applicants represent that the Trust 

intends to, and other Insurance Funds 

may in the future, offer Shares to 

separate accounts of affiliated and 

unaffiliated insurance companies in 

order to fund various types of insurance 

products. These separate accounts are, 

or will be, registered as investment 

companies under the 1940 Act or will 

be exempt from such registration under 

Section 3(c) of the 1940 Act 

(individually a ‘‘Separate Account’’ and 

collectively the ‘‘Separate Accounts’’). 

Insurance companies whose Separate 

Account(s) may now or in the future 

own Shares are referred to herein as 

‘‘Participating Insurance Companies.’’ 

4. Applicants represent that the 

Participating Insurance Companies have 

established, or will establish, their own 

Separate Accounts and design their own 

Variable Contracts. Each Participating 

Insurance Company has, or will have, 

the legal obligation to satisfy all 

applicable requirements under both 

State and Federal law. Each 

Participating Insurance Company may 

rely on Rule 6e–2 or Rule 6e–3(T) under 

the 1940 Act, although in connection 

with the establishment and maintenance 

of Separate Accounts funding variable 

life insurance policies some 

Participating Insurance Companies may 

rely on individual exemptive orders as 

well. 

5. Applicants state that each 

Participating Insurance Company on 

behalf of its Separate Accounts has 

entered, or will enter, into a 

participation agreement with each 

Insurance Fund in which it invests 

which will govern participation by the 

Participating Insurance Company in 

such Insurance Fund (a ‘‘Participation 

Agreement’’). The role of the Insurance 

Fund under this arrangement, insofar as 

Federal securities laws are applicable, 

will consist of offering Shares to the 

Separate Accounts and fulfilling any 

conditions that the Commission may 

impose upon granting the order 

requested herein. 

6. Applicants propose that the 

Insurance Funds also be permitted to 

offer and/or sell Shares to Qualified 

Plans administered by a Trustee. 

Section 817(h) of the Internal Revenue 

Code of 1986, as amended (the ‘‘Code’’), 

imposes certain diversification 

standards on the underlying assets of 

Separate Accounts funding Variable 

Contracts. In particular, the Code 

provides that Variable Contracts shall 

not be treated as an annuity contract or 

life insurance policy for any period (and 

any subsequent period) for which the 

underlying assets are not, in accordance 

with regulations prescribed by the 

Treasury Department, adequately 

diversified. On March 2, 1989, the 

Treasury Department issued Treasury 

Regulations (Treas. Reg. Section 1.817– 


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