54874 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices 

11:59 p.m. Eastern Time on the due 

date. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

personal privacy information, such as 

Social Security numbers, home 

addresses, or home phone numbers in 

their filings. With respect to copyrighted 

works, except for limited excerpts that 

serve the purpose of the adjudicatory 

filings and would constitute a Fair Use 

application, participants are requested 

not to include copyrighted materials in 

their submission. 

Tennessee Valley Authority, Docket 

Nos. 50–327 and 50–328, Sequoyah 

Nuclear Plant, Units 1 and 2, Hamilton 

County, Tennessee 

Date of amendment request: August 

26, 2008, as supplemented on August 

28, 2008. 

Description of amendment request: 

The amendments revise Functional Unit 

6.f of Table 3.3–3, ‘‘Engineered Safety 

Feature Actuation System 

Instrumentation,’’ modifying the mode 

of applicability with two footnotes. The 

first footnote indicates that the auxiliary 

feedwater (AFW) auto-start function 

associated with the trip of main 

feedwater (MFW) pumps in Mode 2 is 

only required when one or more MFW 

pumps are supplying feedwater to the 

steam generators. The second footnote, 

which annotates the minimum channels 

operable column for Functional Unit 6.f 

of TS Table 3.3–3, indicates that one 

channel may be inoperable during Mode 

1 for up to 4 hours when starting up or 

shutting down a MFW pump. 

Functional Unit 6.f of technical 

specification Table 3.3–3 is an 

anticipatory trip function that provides 

early actuation of the AFW system. 

Date of issuance: August 29, 2008. 

Effective date: As of the date of 

issuance and shall be implemented 

within 45 days. 

Amendment Nos: 319 and 312. 

Facility Operating License Nos. DPR– 

77 and DPR–79: Amendments revised 

the technical specifications. 

Public comments requested as to 

proposed no significant hazards 

consideration (NSHC): No. The 

Commission’s related evaluation of the 

amendment, finding of emergency 

circumstances, state consultation, and 

final NSHC determination are contained 

in a safety evaluation dated August 29, 

2008. 

Attorney for licensee: General 

Counsel, Tennessee Valley Authority, 

400 West Summit Hill Drive, ET 11A, 

Knoxville, Tennessee 37902. 

NRC Branch Chief: Thomas H. Boyce. 

Dated at Rockville, Maryland, this 11th day 

of September 2008. 

For the Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–21925 Filed 9–22–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Federal Register Notice 

Agency Holding the Meetings: Nuclear 

Regulatory Commission. 

Date: Weeks of September 22, 29, 

October 6, 13, 20, 27, 2008. 

Place: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

Status: Public and Closed. 

Week of September 22, 2008 

There are no meetings scheduled for 

the week of September 22, 2008. 

Week of September 29, 2008—Tentative 

There are no meetings scheduled for 

the week of September 29, 2008. 

Week of October 6, 2008—Tentative 

There are no meetings scheduled for 

the week of October 6, 2008. 

Week of October 13, 2008—Tentative 

There are no meetings scheduled for 

the week of October 13, 2008. 

Week of October 20, 2008—Tentative 

Wednesday, October 22, 2008 

9:30 a.m. Briefing on New Reactor 

Issues—Construction Readiness, 

Part 1 (Public Meeting) (Contact: 

Roger Rihm, 301 415–7807). 

1:30 p.m. Briefing on New Reactor 

Issues—Construction Readiness, 

Part 2 (Public Meeting) (Contact: 

Roger Rihm, 301 415–7807). 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov. 

Week of October 27, 2008—Tentative 

There are no meetings scheduled for 

the week of October 27, 2008. 

*The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings, 

call (recording)—(301) 415–1292. 

Contact person for more information: 

Michelle Schroll, (301) 415–1662. 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/about-nrc/policymaking/schedule.html. 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify the 

NRC’s Disability Program Coordinator, 

Rohn Brown, at 301–492–2279, TDD: 

301–415–2100, or by e-mail at 

rohn.brown@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

This notice is distributed by mail to 

several hundred subscribers; if you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969). 

In addition, distribution of this meeting 

notice over the Internet system is 

available. If you are interested in 

receiving this Commission meeting 

schedule electronically, please send an 

electronic message to 

darlene.wright@nrc.gov. 

Dated: September 18, 2008. 

R. Michelle Schroll, 

Office of the Secretary. 

[FR Doc. E8–22345 Filed 9–19–08; 11:15 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy Washington, 

DC 20549–0213. 

Reports of Evidence of Material Violations: 

SEC File No. 270–514, OMB Control No. 

3235–0572. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act (PRA) 

of 1995, 44 U.S.C. Sections 3501–3520, 

the Securities and Exchange 

Commission (‘‘Commission’’) is 

soliciting comments on the collection of 

information summarized below. The 

Commission plans to submit the 

existing collection of information to the 

Office of Management and Budget for 

extension. 

On February 6, 2003, the Commission 

published final rules, effective August 5, 

2003, entitled ‘‘Standards of 

Professional Conduct for Attorneys 

Appearing and Practicing Before the 

Commission in the Representation of an 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices 54875 

1This estimate is based, in part, on the total 

number of operating companies that filed annual 

reports on Form 10–K, Form 10–KSB, Form 20–F, 

or Form 40–F, during the 2008 fiscal year and an 

estimate of the average number of issuers that may 

have a registration statement filed under the 

Securities Act pending with the Commission at any 

time (12,939). In addition, we estimate that 

approximately 3,672 investment companies 

currently file periodic reports on Form N–SAR. 

2 Indications are that the 2005 estimate of the 

percentage of issuers that would establish QLCCs 

(10%) was high. Our adjusted estimate in the 

percentage of QLCCs (5%) results in a reduced 

burden estimate as compared to the previouslyapproved collection. 

1See Exchange Act Release No. 58166 (July 15, 

2008). 

Issuer’’ (17 CFR 205.1–205.7). The 

information collection embedded in the 

rules is necessary to implement the 

Standards of Professional Conduct for 

Attorneys prescribed by the rule and 

required by Section 307 of the SarbanesOxley Act of 2002 (15 U.S.C. 7245). The 

rules impose an ‘‘up-the-ladder’’ 

reporting requirement when attorneys 

appearing and practicing before the 

Commission become aware of evidence 

of a material violation by the issuer or 

any officer, director, employee, or agent 

of the issuer. An issuer may choose to 

establish a qualified legal compliance 

committee (‘‘QLCC’’) as an alternative 

procedure for reporting evidence of a 

material violation. In the rare cases in 

which a majority of a QLCC has 

concluded that an issuer did not act 

appropriately, the information may be 

communicated to the Commission. The 

collection of information is, therefore, 

an important component of the 

Commission’s program to discourage 

violations of the federal securities laws 

and promote ethical behavior of 

attorneys appearing and practicing 

before the Commission. 

The respondents to this collection of 

information are attorneys who appear 

and practice before the Commission 

and, in certain cases, the issuer, and/or 

officers, directors and committees of the 

issuer. We believe that, in providing 

quality representation to issuers, 

attorneys report evidence of violations 

to others within the issuer, including 

the Chief Legal Officer, the Chief 

Executive Officer, and, where necessary, 

the directors. In addition, officers and 

directors investigate evidence of 

violations and report within the issuer 

the results of the investigation and the 

remedial steps they have taken or 

sanctions they have imposed. Except as 

discussed below, we therefore believe 

that the reporting requirements imposed 

by the rule are ‘‘usual and customary’’ 

activities that do not add to the burden 

that would be imposed by the collection 

of information. 

Certain aspects of the collection of 

information, however, may impose a 

burden. For an issuer to establish a 

QLCC, the QLCC must adopt written 

procedures for the confidential receipt, 

retention, and consideration of any 

report of evidence of a material 

violation. We estimate for purposes of 

the PRA that there are approximately 

16,611 issuers that are subject to the 

rules.1 Of these, we estimate that 

approximately five percent, or 831, have 

established or will establish a QLCC.2

Establishing the written procedures 

required by the rule should not impose 

a significant burden. We assume that an 

issuer would incur a greater burden in 

the year that it first establishes the 

procedures than in subsequent years, in 

which the burden would be incurred in 

updating, reviewing, or modifying the 

procedures. For purposes of the PRA, 

we assume that an issuer would spend 

6 hours every three-year period on the 

procedures. This would result in an 

average burden of 2 hours per year. 

Thus, we estimate for purposes of the 

PRA that the total annual burden 

imposed by the collection of 

information would be 1,662 hours. 

Assuming half of the burden hours will 

be incurred by outside counsel at a rate 

of $400 per hour would result in a cost 

of $332,400. 

The estimate of average burden hours 

is made solely for the purposes of the 

Paperwork Reduction Act, and is not 

derived from a comprehensive or even 

a representative survey or study. 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 OMB control 

number. 

Written comments are requested on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information has practical utility; (b) the 

accuracy of the Commission’s estimate 

of the burden[s] of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information 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. 

Please direct your written comments 

to Lewis W. Walker, Acting 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. 

September 15, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–22115 Filed 9–22–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Securities Exchange Act of 1934; Release 

No. 34–58572/ September 17, 2008] 

Emergency Order Pursuant to Section 

12(K)(2) of the Securities Exchange Act 

of 1934 Taking Temporary Action To 

Respond to Market Developments 

The Commission continues to be 

concerned that there is a substantial 

threat of sudden and excessive 

fluctuations of securities prices and 

disruption in the functioning of the 

securities markets that could threaten 

fair and orderly markets. As evidenced 

by our recent publication of an 

emergency order under Section 12(k) of 

the Securities Exchange Act of 1934 (the 

‘‘July Emergency Order’’),1 we are 

concerned about the possible 

unnecessary or artificial price 

movements based on unfounded rumors 

regarding the stability of financial 

institutions and other issuers 

exacerbated by ‘‘naked’’ short selling. 

Our concerns, however, are no longer 

limited to just the financial institutions 

that were the subject of the July 

Emergency Order. In addition, we have 

become concerned that some persons 

may take advantage of issuers that have 

become temporarily weakened by 

current market conditions to engage in 

inappropriate short selling in the 

securities of such issuers. 

Given the importance of confidence in 

our financial markets as a whole, we 

have become concerned about sudden 

and unexplained declines in the prices 

of securities. Such price declines can 

give rise to questions about the 

underlying financial condition of an 

issuer, which in turn can create a crisis 

of confidence without a fundamental 

underlying basis. This crisis of 

confidence can impair the liquidity and 

ultimate viability of an issuer, with 

potentially broad market consequences. 

As a result of these recent 

developments, the Commission 

concluded that there continues to exist 

a substantial threat of sudden and 

excessive fluctuations of securities 

prices generally and disruption in the 

functioning of the securities markets 

that could threaten fair and orderly 

markets. Based on this conclusion, the 


jlentini on PROD1PC65 with NOTICES