Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Notices 66805 

at 202–789–6873 or via electronic mail 

at prc-webmaster@prc.gov. 

The appeal and all related documents 

are also available for public inspection 

in the Commission’s docket section. 

Docket section hours are 8 a.m. to 4:30 

p.m., Monday through Friday, except on 

Federal Government holidays. Docket 

section personnel may be contacted via 

electronic mail at prc-dockets@prc.gov 

or via telephone at 202–789–6846. 

Filing of documents. All filings of 

documents in this case shall be made 

using the Internet (Filing Online) 

pursuant to Commission rules 9(a) and 

10(a) at the Commission’s Web site, 

http://www.prc.gov, unless a waiver is 

obtained. 39 CFR 3001.9(a) and 10(a). 

Instructions for obtaining an account to 

file documents online may be found on 

the Commission’s Web site, http:// 

www.prc.gov, or by contacting the 

Commission’s docket section at prcdockets@prc.gov or via telephone at 

202–789–6846. 

Intervention. Those, other than the 

petitioner and respondent, wishing to be 

heard in this matter are directed to file 

a notice of intervention. See 39 CFR 

3001.111. Notices of intervention in this 

case are to be filed on or before 

November 16, 2010. A notice of 

intervention shall be filed using the 

Internet (Filing Online) at the 

Commission’s Web site, http:// 

www.prc.gov, unless a waiver is 

obtained for hardcopy filing. See 39 CFR 

3001.9(a) and 10(a). 

Further procedures. By statute, the 

Commission is required to issue its 

decision within 120 days from the date 

it receives the appeal. See 39 U.S.C. 

404(d)(5). A procedural schedule has 

been developed to accommodate this 

statutory deadline. In the interest of 

expedition, in light of the 120-day 

decision schedule, the Commission may 

request the Postal Service or other 

participants to submit information or 

memoranda of law on any appropriate 

issue. As required by the Commission 

rules, if any motions are filed, responses 

are due 7 days after any such motion is 

filed. 39 CFR 3001.21. 

It is ordered: 

1. The Postal Service shall file the 

administrative record in this appeal, or 

otherwise file a responsive pleading to 

the appeal, by November 5, 2010. 

2. The procedural schedule listed 

below is hereby adopted. 

3. Pursuant to 39 U.S.C. 505, Robert 

Sidman is designated officer of the 

Commission (Public Representative) to 

represent the interests of the general 

public. 

4. The Secretary shall arrange for 

publication of this notice and order and 

procedural schedule in the Federal 

Register. 

PROCEDURAL SCHEDULE

October 19, 2010 ..................................................................... Filing of Appeal. 

November 5, 2010 .................................................................... Deadline for Postal Service to file administrative record in this appeal or responsive pleading. 

November 16, 2010 .................................................................. Deadline for petitions to intervene (see 39 CFR 3001.111(b)). 

November 26, 2010 .................................................................. Deadline for Petitioner’s Form 61 or initial brief in support of petition (see 39 CFR 

3001.115(a) and (b)). 

December 16, 2010 .................................................................. Deadline for answering brief in support of Postal Service (see 39 CFR 

3001.115(c)). 

December 31, 2010 .................................................................. Deadline for reply briefs in response to answering briefs (see 39 CFR 

3001.115(d)). 

January 7, 2011 ....................................................................... Deadline for motions by any party requesting oral argument; the Commission will 

schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). 

February 16, 2011 .................................................................... Expiration of the Commission 120-day decisional schedule (see 39 U.S.C. 

404(d)(5)). 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2010–27350 Filed 10–28–10; 8:45 am] 

BILLING CODE 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. 

Existing Collection in Use Without an 

OMB Number: Rule 8c–1; SEC File 

No. 270–455; OMB Control No. 3235– 

0514. 

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 collection of information 

summarized below. The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget for Approval. 

Rule 8c–1 (17 CFR 240.8c–1) under 

the Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.) generally prohibits a 

broker-dealer from using its customers’ 

securities as collateral to finance its own 

trading, speculating, or underwriting 

transactions. More specifically, the rule 

states three main principles: first, that a 

broker-dealer is prohibited from 

commingling the securities of different 

customers as collateral for a loan 

without the consent of each customer; 

second, that a broker-dealer cannot 

commingle customers’ securities with 

its own securities under the same 

pledge; and third, that a broker-dealer 

can only pledge its customers’ securities 

to the extent that customers are in debt 

to the broker-dealer. See Securities 

Exchange Act Release No. 2690 

(November 15, 1940); Securities 

Exchange Act Release No. 9428 

(December 29, 1971). Pursuant to Rule 

8c–1, respondents must collect 

information necessary to prevent the 

hypothecation of customer accounts in 

contravention of the rule, issue and 

retain copies of notices to the pledgee of 

hypothecation of customer accounts in 

accordance with the rule, and collect 

written consents from customers in 

accordance with the rule. The 

information is necessary to ensure 

compliance with the rule, and to advise 

customers of the rule’s protections. 

There are approximately 111 

respondents per year (i.e., brokerdealers that conducted business with 

the public, filed Part II of the FOCUS 

Report, did not claim an exemption 

from the Reserve Formula computation, 

and reported that they had a bank loan 

during at least one quarter of the current 

year) that require an aggregate total of 

2,498 hours to comply with the rule. 

Each of these approximately 111 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

66806 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Notices 

registered broker-dealers makes an 

estimated 45 annual responses, for an 

aggregate total of 4,995 responses per 

year. Each response takes approximately 

0.5 hours to complete. Thus, the total 

compliance burden per year is 2,498 

burden hours. The approximate cost per 

hour is $59, resulting in a total cost of 

compliance for the respondents of 

approximately $147,382 (2,498 hours @ 

$59 per hour). 

Written comments are invited on: (a) 

Whether the collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate 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. 

Please direct your written comments 

to: Jeffrey Heslop, Acting Chief 

Information Officer, Securities and 

Exchange Commission, c/o Remi PavlikSimon, 6432 General Green Way, 

Alexandria, Virginia 22312 or send an email to: PRA_Mailbox@sec.gov. 

Dated: October 25, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–27366 Filed 10–28–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

29486; File No. 812–13648] 

Nationwide Life Insurance Company, et 

al., Notice of Application 

October 25, 2010. 

AGENCY: Securities and Exchange 

Commission (the ‘‘Commission’’). 

ACTION: Notice of application for an 

order of approval pursuant to Section 

26(c) of the Investment Company Act of 

1940, as amended (the ‘‘Act’’), and an 

order of exemption pursuant to Section 

17(b) of the Act from Section 17(a) of 

the Act. 

Applicants: Nationwide Life 

Insurance Company (‘‘NWL’’), 

Nationwide Life and Annuity Insurance 

Company (‘‘NLAIC’’) (together with 

NWL, the ‘‘Insurance Companies’’), 

Nationwide Variable Account-II 

(‘‘Account II’’), Nationwide Variable 

Account-6 (‘‘Account 6’’), Nationwide 

Variable Account-7 (‘‘Account 7’’), 

Nationwide Variable Account-8 

(‘‘Account 8’’), Nationwide Variable 

Account-9 (‘‘Account 9’’), Nationwide 

Variable Account-10 (‘‘Account 10’’), 

Nationwide Variable Account-14 

(‘‘Account 14’’), Nationwide VLI 

Separate Account-2 (‘‘VLI Account 2’’), 

Nationwide VLI Separate Account-4 

(‘‘VLI Account 4’’), Nationwide VLI 

Separate Account-7 (‘‘VLI Account 7’’), 

Nationwide Provident VA Separate 

Account 1 (‘‘Account P–1’’), Nationwide 

Provident VLI Separate Account 1 (‘‘VLI 

Account P–1’’); Nationwide VA Separate 

Account-B (‘‘Account B’’), Nationwide 

VL Separate Account-G (‘‘Account G’’), 

Nationwide Provident VA Separate 

Account A (‘‘Account P–A’’), and 

Nationwide Provident VLI Separate 

Account A (‘‘VLI Account P–A’’) 

(together with Accounts II, 6, 7, 8, 9, 10, 

14, P–1, B, G, and P–A along with VLI 

Accounts 2, 4, 7, and P–1, the ‘‘Separate 

Accounts’’) and Nationwide Variable 

Insurance Trust. The Insurance 

Companies and the Separate Accounts 

are referred to collectively as the 

‘‘Applicants.’’ The Applicants, together 

with Nationwide Variable Insurance 

Trust are referred to as the ‘‘Section 

17(b) Applicants.’’ 

SUMMARY: Summary of Application: 

Applicants seek an order approving the 

proposed substitutions (the 

‘‘Substitutions’’) of certain series of 

Nationwide Variable Insurance Trust 

(the ‘‘Trust’’ or ‘‘NVIT’’) for shares of 

series of other unaffiliated registered 

investment companies held by the 

Separate Accounts under certain 

variable annuity contracts and/or 

variable life insurance policies issued 

by the Insurance Companies 

(collectively, the ‘‘Contracts’’). Section 

17(b) Applicants also seek an order 

pursuant to Section 17(b) of the Act to 

permit certain in-kind transactions in 

connection with the Substitutions. 

DATES: Filing Date: The application was 

filed on April 2, 2009, and amended and 

restated on July 15, 2010 and October 

21, 2010. 

Hearing or Notification of Hearing: An 

order granting the application will be 

issued unless the Commission orders a 

hearing. Interested persons may request 

a hearing by writing to the Secretary of 

the Commission and serving Applicants 

with a copy of the request, personally or 

by mail. Hearing requests must be 

received by the Commission by 5:30 

p.m. on November 19, 2010, and should 

be accompanied by proof of service on 

Applicants in the form of an affidavit or, 

for lawyers, a certificate of service. 

Hearing requests should state the nature 

of the requester’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 of the 

Commission. 

ADDRESSES: The Commission: Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090; Applicants: c/o Jamie Ruff 

Casto, Esq., Nationwide Life Insurance 

Company, One Nationwide Plaza, 1–34– 

201, Columbus, Ohio 43215. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Marquigny, 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 

may be obtained via the Commission’s 

Web site by searching for the file 

number, or for an applicant using the 

Company name box, at http:// 

www.sec.gov/search/search.htm, or by 

calling (202) 551–8090. 

Applicants’ and Section 17(b) 

Applicants’ Representations 

1. NWL and NLAIC are stock life 

insurance companies organized under 

the laws of the State of Ohio. NLAIC is 

wholly owned by NWL which is wholly 

owned by Nationwide Financial 

Services, Inc. (‘‘NFS’’). NWL is the 

depositor and sponsor of Accounts II, 6, 

7, 8, 9, 10, 14 and P–1 and VLI Accounts 

2, 4, 7, and P–1. NLAIC is the depositor 

and sponsor of B, G, and P–A and VLI 

Account P–A. 

2. All of the Separate Accounts are 

registered unit investment trusts used to 

issue one or more Contracts together 

with their respective Insurance 

Company. The file numbers for each 

Separate Account’s registration under 

the Act and each Contract’s registration 

under the Securities Act of 1933, as 

amended (‘‘1933 Act’’) are set forth in 

the Application. 

3. NVIT is registered under the Act as 

an open-end management investment 

company of the series type, and it 

securities are registered under the 1933 

Act on Form N–1A (File Nos. 811– 

03213 and 002–73024). Two of these 

series, the NVIT—American Century 

NVIT Multi-Cap Value Fund and 

NVIT—Oppenheimer NVIT Large Cap 

Growth Fund (each an ‘‘NVIT Fund’’), 

are the replacement funds (‘‘New Funds’’ 

or ‘‘New Portfolios’’) in the proposed 

Substitutions. 

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