60732 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 

Day Event/activity 

60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation 

does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 

20 ...................... NRC staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to 

believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff 

also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of 

the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document 

processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for 

SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records 

check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 

25 ...................... If NRC staff finds no ‘‘need,’’ ‘‘need to know,’’ or likelihood of standing, the deadline for petitioner/requester to file a motion 

seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding 

officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the

deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of 

the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and 

file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure 

Agreement for SUNSI. 

190 .................... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to 

file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of 

SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must be provided an opportunity to correct or explain information. 

205 .................... Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another designated officer. 

A ....................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access 

to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a 

final adverse determination by the NRC staff. 

A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing 

the protective order. 

A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more 

than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other 

contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that later deadline. 

A + 53 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.

A + 60 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

B ....................... Decision on contention admission. 

[FR Doc. E8–24167 Filed 10–10–08; 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 12a–5; OMB Control No. 3235–0079; 

SEC File No. 270–85. 

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 existing collection of information 

provided for in: Rule 12a–5 (Temporary 

exemption of substituted or additional 

securities) (17 CFR 240.12a–5) and Form 

26 (for notification of the admission to 

trading of a substituted or additional 

class of security under Rule 12a–5) (17 

CFR 249.26) under the Securities 

Exchange Act of 1934 (15 U.S.C. 78a et 

seq.) (‘‘Exchange Act’’). The 

Commission plans to submit this 

existing collection of information to the 

Office of Management and Budget 

(‘‘OMB’’) for extension and approval. 

Section 12(a) of the Exchange Act 

generally makes it unlawful for any 

security to be traded on a national 

securities exchange unless such security 

is registered on the exchange in 

accordance with the provisions of the 

Exchange Act and the rules and 

regulations thereunder. 

Rule 12a–5 (the ‘‘Rule’’) under the 

Exchange Act and Form 26 (the ‘‘Form’’) 

were adopted by the Commission in 

1936 and 1955, respectively, pursuant to 

Sections 3(a)(12), 10(b), and 23(a) of the 

Exchange Act. Subject to certain 

conditions, Rule 12a–5 affords a 

temporary exemption (generally for up 

to 120 days) from the registration 

requirements of Section 12(a) of the 

Exchange Act for a new security when 

the holders of a security admitted to 

trading on a national securities 

exchange obtain the right (by operation 

of law or otherwise) to acquire all or any 

part of a class of another or substitute 

security of the same or another issuer, 

or an additional amount of the original 

security. The purpose of the exemption 

is to avoid an interruption of exchange 

trading to afford time for the issuer of 

the new security to list and register it, 

or for the exchange to apply for unlisted 

trading privileges. 

Under paragraph (d) of Rule 12a–5, 

after an exchange has taken action to 

admit any security to trading pursuant 

to the provisions of the Rule, the 

exchange is required to file with the 

Commission a notification on Form 26. 

Form 26 provides the Commission with 

certain information regarding a security 

admitted to trading on an exchange 

pursuant to Rule 12a–5, including: (1) 

The name of the exchange, (2) the name 

of the issuer, (3) a description of the 

security, (4) the date(s) on which the 

security was or will be admitted to 

when-issued and/or regular trading, and 

(5) a brief description of the transaction 

pursuant to which the security was or 

will be issued. 

The Commission generally oversees 

the national securities exchanges. This 

mission requires that, under Section 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Notices 60733 

12(a) of the Exchange Act specifically, 

the Commission receive notification of 

any securities that are permitted to trade 

on an exchange pursuant to the 

temporary exemption under Rule 12a–5. 

Without the Rule and the Form, the 

Commission would be unable fully to 

implement these statutory 

responsibilities. 

There are currently eleven national 

securities exchanges subject to Rule 

12a–5. The Commission staff estimates 

that there could be one Form 26 filed 

every five years. The reporting burdens 

are not typically spread evenly among 

the exchanges. For purposes of this 

analysis of burden, however, the 

Commission staff has assumed that each 

exchange files an equal number of Form 

26 notifications. Each notification 

requires approximately 20 minutes to 

complete. Accordingly, the Commission 

staff estimates the annual aggregate 

compliance burden for all respondents 

in a given year would be approximately 

4 minutes (20 minutes/report × .2 

reports/year = 4 minutes), and for each 

respondent the annual compliance 

burden would be approximately .36 

minutes (4 minutes/respondent ÷ 11 

respondents = .36 minutes), or .006 

hours. 

Based on the most recent available 

information, the Commission staff 

estimates that the cost to respondents of 

completing a notification on Form 26 is, 

on average, $43.23 per response. 

Therefore, the Commission staff 

estimates that the total annual related 

reporting cost per respondent is $.86 

(.02 responses/respondent/year × $43.23 

cost/response), for a total annual related 

cost to all respondents of $9.46 ($.86 

cost/respondent × 11 respondents). 

Written comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’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 

Lewis W. Walker, Acting Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Shirley 

Martinson, 6432 General Green Way, 

Alexandria, VA 22312 or send an e-mail 

to: PRA_Mailbox@sec.gov. 

Dated: October 6, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–24235 Filed 10–10–08; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request, Copy Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Form N–54A; SEC File No. 270–182; OMB 

Control No. 3235–0237. 

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 (the 

‘‘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. 

• Form N–54A (17 CFR 274.53) under 

the Investment Company Act of 1940 

(15 U.S.C. 80a–1 et seq.) (the ‘‘Act’’); 

Notification of Election to be Subject to 

Sections 55 through 65 of the 

Investment Company Act of 1940 (15 

U.S.C. 80a–54 through 64) Filed 

Pursuant to Section 54(a) of the Act (15 

U.S.C. 80a–53(a)). 

Form N–54A is a notification to the 

Commission of election to be regulated 

as a business development company. A 

company making such an election only 

has to file a Form N–54A once. 

It is estimated that approximately 6 

respondents per year file with the 

Commission a Form N–54A. Form N– 

54A requires approximately 0.5 burden 

hours per response resulting from 

creating and filing the information 

required by the Form. The total burden 

hours for Form N–54A would be 3.0 

hours per year in the aggregate. The 

estimated annual burden of 3.0 hours 

represents a decrease of 20.0 hours over 

the prior estimate of 23.0 hours. The 

decrease in burden hours is attributable 

to a decrease in the number of 

respondents from 46 to 6. 

The estimate of average burden hours 

for Form N–54A is made solely for the 

purposes of the PRA and is not derived 

from a comprehensive or even 

representative survey or study of the 

costs of Commission rules and forms. 

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 will have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden 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/ 

CIO, Securities and Exchange 

Commission, C/O Shirley Martinson, 

6432 General Green Way, Alexandria, 

VA 22312; or send an e-mail to: 

PRA_Mailbox@sec.gov. 

Dated: October 6, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–24239 Filed 10–10–08; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28435; 812–13063] 

Calamos Convertible Opportunities 

and Income Fund, et al.; Notice of 

Application 

October 7, 2008. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of application under 

section 6(c) of the Investment Company 

Act of 1940 (‘‘Act’’) for an exemption 

from section 19(b) of the Act and rule 

19b–1 under the Act. 

Summary of Application: Applicants 

request an order to permit certain 

closed-end investment companies to 

make periodic distributions of long-term 

capital gains with respect to their 

outstanding common stock as frequently 

as twelve times each year, and as 

frequently as distributions are specified 

by or in accordance with the terms of 

any outstanding preferred stock that 

such investment companies may issue. 

Applicants: Calamos Convertible 

Opportunities and Income Fund, 

Calamos Convertible and High Income 

Fund, Calamos Strategic Total Return 


jlentini on PROD1PC65 with NOTICES