Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Notices 33113

1 17 CFR 240.6a–1.

2 17 CFR 240.6a–2.

results of the proceeding. The petition

should specifically explain the reasons

why intervention should be permitted

with particular reference to the

following factors: (1) The nature of the

petitioner’s right under the Act to be

made party to the proceeding; (2) the

nature and extent of the petitioner’s

property, financial, or other interest in

the proceeding; and (3) the possible

effect of any order which may be

entered in the proceeding on the

petitioner’s interest. The petition should

also identify the specific aspect(s) of the

subject matter of the proceeding as to

which petitioner wishes to intervene.

Any person who has filed a petition for

leave to intervene or who has been

admitted as a party may amend the

petition without requesting leave of the

Board up to 15 days prior to the first

prehearing conference scheduled in the

proceeding, but such an amended

petition must satisfy the specificity

requirements described above.

Not later than 15 days prior to the first

prehearing conference scheduled in the

proceeding, a petitioner shall file a

supplement to the petition to intervene

which must include a list of the

contentions which are sought to be

litigated in the matter. Each contention

must consist of a specific statement of

the issue of law or fact to be raised or

controverted. In addition, the petitioner

shall provide a brief explanation of the

bases of the contention and a concise

statement of the alleged facts or expert

opinion which support the contention

and on which the petitioner intends to

rely in proving the contention at the

hearing. The petitioner must also

provide references to those specific

sources and documents of which the

petitioner is aware and on which the

petitioner intends to rely to establish

those facts or expert opinion. Petitioner

must provide sufficient information to

show that a genuine dispute exists with

the applicant on a material issue of law

or fact. Contentions shall be limited to

matters within the scope of the

amendment under consideration. The

contention must be one which, if

proven, would entitle the petitioner to

relief. A petitioner who fails to file such

a supplement which satisfies these

requirements with respect to at least one

contention will not be permitted to

participate as a party.

Those permitted to intervene become

parties to the proceeding, subject to any

limitations in the order granting leave to

intervene, and have the opportunity to

participate fully in the conduct of the

hearing, including the opportunity to

present evidence and cross-examine

witnesses.

If a hearing is requested, the

Commission will make a final

determination on the issue of no

significant hazards consideration. The

final determination will serve to decide

when the hearing is held.

If the final determination is that the

amendment request involves no

significant hazards consideration, the

Commission may issue the amendment

and make it immediately effective,

notwithstanding the request for a

hearing. Any hearing held would take

place after issuance of the amendment.

If the final determination is that the

amendment request involves a

significant hazards consideration, any

hearing held would take place before

the issuance of any amendment.

A request for a hearing or a petition

for leave to intervene must be filed with

the Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, Attention:

Rulemakings and Adjudications Staff, or

may be delivered to the Commission’s

Public Document Room, located at One

White Flint North, 11555 Rockville Pike

(first floor), Rockville, Maryland, by the

above date. A copy of the petition

should also be sent to the Office of the

General Counsel, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, and to Mary O’Reilly,

Attorney, FirstEnergy Legal Department,

FirstEnergy Corporation, 76 S. Main

Street, Akron, OH 44308, attorney for

the licensee.

Nontimely filings of petitions for

leave to intervene, amended petitions,

supplemental petitions and/or requests

for hearing will not be entertained

absent a determination by the

Commission, the presiding officer or the

presiding Atomic Safety and Licensing

Board that the petition and/or request

should be granted based upon a

balancing of the factors specified in 10

CFR 2.714(a)(1)(i)–(v) and 2.714(d).

For further details with respect to this

action, see the application for

amendment dated March 28, 2001

(Agencywide Documents Access and

Management Systems (ADAMS)

Accession No. ML010950383), as

supplemented on May 1, 2001 (ADAMS

Accession No. ML011290073), which is

available for public inspection at the

Commission’s Public Document Room,

located at One White Flint North, 11555

Rockville Pike (first floor), Rockville,

Maryland. Publicly available records

will be accessible from the ADAMS

Public Electronic Reading Room on the

Internet at the NRC Web site, http://

www.nrc.gov/NRC/ADAMS/index.html.

If you do not have access to ADAMS or

if there are problems in accessing the

documents located in ADAMS, contact

the NRC Public Document Room

Reference staff at 1–800–397–4209, 301–

415–4737 or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland, this 14th day

of June, 2001.

For the Nuclear Regulatory Commission.

Lawrence J. Burkhart,

Project Manager, Section 1, Project

Directorate I, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 01–15474 Filed 6–19–01; 8:45 am]

BILLING CODE 7590–01–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 1,

Rules 6a–1 and 6a–2; SEC File No. 270–18;

OMB Control No. 3235–0017.

Rules 6a–3; SEC File No. 270–15; OMB

Control No. 3235–0021.

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

requests for extension of the previously

approved collections of information

discussed below.

The Securities Exchange Act of 1934

(‘‘Act’’) sets forth a regulatory scheme

for national securities exchanges. Rule

6a–1 under the Act 1 generally requires

an applicant for initial registration as a

national securities exchange to file an

application with the Commission on

Form 1. An exchange that seeks an

exemption from registration based on

limited trading volume also must apply

for such exemption on Form 1. Rule 6a–

2 under the Act 2 requires registered and

exempt exchanges: (1) To amend the

Form 1 if there are any material changes

to the information provided in the

initial Form 1; and (2) to submit

periodic updates of certain information

provided in the initial Form 1, whether

such information has changed or not.

The information required pursuant to

Rules 6a–1 and 6a–2 is necessary to

enable the Commission to maintain

accurate files regarding the exchange

and to exercise its statutory oversight

functions. Without the information

submitted pursuant to Rule 6a–1 on

33114 Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Notices

3 17 CFR 240.17a–1.

4 15 U.S.C. 78f.

5 17 CFR 240.6a–3.

6 17 CFR 240.17a–1.

Form 1, the Commission would not be

able to determine whether the

respondent met the criteria for

registration or exemption set forth in

Sections 6 and 19 of the Act. Without

the amendments and periodic updates

of information submitted pursuant to

Rule 6a–2, the Commission would have

substantial difficulty determining

whether a national securities exchange

or exempt exchange was continuing to

operate in compliance with the Act.

The respondents to the collection of

information are entities that seek

registration as a national securities

exchange or that seek exemption from

registration based on limited trading

volume. After the initial filing of Form

1, both registered and exempt exchanges

are subject to ongoing informational

requirements.

Initial filings on Form 1 by new

exchanges are made on a one-time basis.

The Commission estimates that it will

receive approximately three initial Form

1 filings per year and that each

respondent would incur an average

burden of 47 hours to file an initial

Form 1 at an average cost per response

of approximately $4,517. Therefore, the

Commission estimates that the annual

burden for all respondents to file the

initial Form 1 would be 141 hours (one

response/respondent × three

respondents × 47 hours/response) and

$13,551 (one response/respondent ×

three respondents × $4,517/response).

There currently are nine entities

registered as nationals securities

exchanges and two exempt exchanges.

The Commission estimates that each

registered or exempt exchange file one

amendment or periodic update to Form

1 per year, incurring an average burden

of 25 hours to comply with Rule 6a–2.

The Commission estimates that the

annual burden for all respondents to file

amendments and periodic updates to

the Form 1 pursuant to Rule 6a–2 is 275

hours (11 respondents × 25 hours/

response × one response/respondent per

year) and $25,630 (11 respondents ×

$2,330/response × one response/

respondent per year).

Compliance with Rules 6a–1 and 6a–

2 and Form 1 is mandatory for entities

seeking to register as a national

securities exchange or seeking an

exemption from registration based on

limited trading volume. Information

received in response to Rules 6a–1 and

6a–2 and Form 1 shall not be kept

confidential; the information collected

is public information. As set forth in

Rule 17a–1 under the Act,3 a national

securities exchange generally is required

to retain records of the collection of

information for at least five years.

Section 6 of the Act 4 sets out a

framework for the registration and

regulation of national securities

exchanges. Under Commission Rule 6a–

3,5 one of the rules that implements

section 6, a national securities exchange

(or an exchange exempted from

registration based on limited trading

volume) must provide certain

supplemental information to the

Commission, including any material

(including notices, circulars, bulletins,

lists, and periodicals) issued or made

generally available to members of, or

participants or subscribers to, the

exchange. Rule 6a–3 also requires the

exchanges to file monthly reports that

set forth the volume and aggregate

dollar amount of securities sold on the

exchange each month. The information

required to be filed with the

Commission pursuant to Rule 6a–3 is

designed to enable the Commission to

carry out its statutorily mandated

oversight functions and to ensure that

registered and exempt exchanges

continue to be in compliance with the

Act.

The respondents to the collection of

information are national securities

exchanges and exchanges that are

exempt from registration based on

limited trading volume.

The Commission estimates that each

respondent make approximately 25 such

filings on an annual basis at an average

cost of approximately $21 per response.

Currently, 11 respondents (nine national

securities exchanges and two exempt

exchanges) are subject to the collection

of information requirements of Rule 6a–

3. The Commission estimates that the

total burden for all respondents is 137.5

hours (25 filings/respondent per year ×

0.5 hours/filing × 11 respondents) and

$5,775 ($21/response × 25 responses/

respondent per year × 11 respondents)

per year.

Compliance with Rule 6a–3 is

mandatory for registered and exempt

exchanges. Information received in

response to Rule 6a–3 shall not be kept

confidential; the information collected

is public information. As set forth in

Rule 17a–1 under the Act,6 a national

securities exchange is required to retain

records of the collection of information

for at least five years.

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.

Written comments regarding the

above information should be directed to

the following persons: (a) Dest 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; and (b) Michael

E. Bartell, Associate Executive Director,

Office of Information Technology,

Securities and Exchange Commission,

450 Fifth Street, NW, Washington, DC

20549. Comments must be submitted to

the Office of Management and budget

within 30 days of this notice.

Dated: June 12, 2001.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01–15528 Filed 6–19–01; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

[Release No. IC–25004; File No. 812–12418]

First Allmerica Financial Life Insurance

Company, et al.

June 14, 2001.

AGENCY: Securities and Exchange

Commission (‘‘SEC’’ or ‘‘Commission’’).

ACTION: Notice of Application for an

order under section 6(c) of the

Investment Company Act of 1940 (the

‘‘1940 Act’’) granting exemptions from

the provisions of sections 2(a)(32), 22(c),

and 27(i)(2)(A) of the 1940 Act and Rule

22c–1 thereunder to permit the

recapture of credits applied to

contributions made under certain

deferred variable annuity contracts.

SUMMARY OF APPLICATION: Applicants

seek an order under section 6(c) of the

1940 Act to the extent necessary to

permit, under specified circumstances,

the recapture of certain credits applied

to contributions made under deferred

variable annuity contracts and

certificates (the ‘‘Contracts’’) that First

Allmerica will issue through the

Separate Accounts (defined below), as

well as other contracts that First

Allmerica may issue in the future

through the Separate Accounts or any

other future separate account of First

Allmerica (‘‘Other Separate Account’’),

which contracts are substantially similar

in all material respects to the Contracts

(the ‘‘Future Contracts’’). Applicants

also request that the order being sought

extend to any other National

Association of Securities Dealers, Inc.,

(‘‘NASD’’) member broker-dealer

controlling or controlled by, or under

common control with, First Allmerica,