Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices 41533

Company Act on Form N–8B–2.1 A the costs of Commission rules and Rule 0–4 (17 CFR 275.0–4) under the separate registration statement under forms. Investment Advisers Act of 1940 (‘‘Act’’ the Securities Act must be filed for each The collection of information on Form or ‘‘Advisers Act’’) (15 U.S.C. 80b–1 et series of units issued by the trust. Form S–6 is mandatory. The information seq.) entitled ‘‘General Requirements of S–6 consists of, among other things, a provided on Form S–6 is not kept Papers and Applications,’’ prescribes prospectus, certain written consents, an confidential. An Agency may not general instructions for filing an undertaking to file supplementary conduct or sponsor, and a person is not application seeking exemptive relief information, and certain exhibits required to respond to, a collection of with the Commission. Rule 0–4 containing financial and other information unless it displays a currently requires that every application information required in the registration currently valid OMB control number. for an order for which a form is not statement but not required to appear in Written comments are invited on: (a) specifically prescribed and which is the prospectus. Whether the proposed collection of executed by a corporation, partnership Section 10(a)(3) of the Securities Act information is necessary for the proper or other company and filed with the (15 U.S.C. 77j(a)(3)) provides, in performance of the functions of the Commission contain a statement of the pertinent part, that when a prospectus is agency, including whether the applicable provisions of the articles of used more than nine months after the information will have practical utility; incorporation, bylaws or similar effective date of the registration (b) the accuracy of the agency’s estimate documents, relating to the right of the statement, the information contained of the burden of the collection of person signing and filing such therein shall be as of a date not more information; (c) ways to enhance the application to take such action on behalf than sixteen months prior to such use. quality, utility, and clarity of the of the applicant, and a statement that all As a result, most unit investment trusts information collected; and (d) ways to such requirements have been complied that are registered under the Investment minimize the burden of the collection of with and that the person signing and Company Act on Form N–8B–2 update information on respondents, including filing the application is fully authorized their registration statements on Form S– through use of automated collection to do so. If such authorization is 6 on an annual basis so that their techniques or other forms of information dependent on resolutions of sponsors may continue to maintain a technology. Consideration will be given stockholders, directors, or other bodies, secondary market in the units. to comments and suggestions submitted such resolutions must be attached as an in writing within 60 days of this exhibit to or quoted in the application. The purpose of the registration Any amendment to the application must statement on Form S–6 is to provide publication. Please direct your written comments contain a similar statement as to the disclosure of financial and other to R. Corey Booth, Director/Chief applicability of the original statement of information that investors may use to Information Officer, Securities and authorization. When any application or make informed decisions regarding the Exchange Commission, C/O Shirley amendment is signed by an agent or merits of the securities offered for sale. Martinson, 6432 General Green Way, attorney, rule 0–4 requires that the To that end, unit investment trusts that Alexandria, Virginia 22312; or send an power of attorney evidencing his are registered under the Investment e-mail to: [email protected]. authority to sign shall state the basis for Company Act on Form N–8B–2 must the agent’s authority and shall be filed Dated: July 23, 2007. furnish to investors a prospectus with the Commission. Every application containing pertinent information set Florence E. Harmon, subject to rule 0–4 must be verified by forth in the registration statement. The Deputy Secretary. the person executing the application by Commission reviews registration [FR Doc. E7–14629 Filed 7–27–07; 8:45 am] providing a notarized signature in statements filed on Form S–6 to ensure BILLING CODE 8010–01–P substantially the form specified in the adequate disclosure is made to rule. Each application subject to rule 0– investors. 4 must state the reasons why the The Commission estimates that each SECURITIES AND EXCHANGE applicant is deemed to be entitled to the year unit investment trusts file COMMISSION action requested with a reference to the approximately 1,353 Forms S–6. It is provisions of the Act and rules estimated that preparing Form S–6 Proposed Collection; Comment thereunder, the name and address of requires a unit investment trust to spend Request each applicant, and the name and approximately 35 hours so that the total Upon Written Request, Copies Available address of any person to whom any burden of preparing Form S–6 for all From: Securities and Exchange questions regarding the application affected unit investment trusts is 47,355 Commission, Office of Investor should be directed. Rule 0–4 requires hours. Estimates of average burden Education and Assistance, that a proposed notice of the proceeding hours are made solely for the purposes Washington, DC 20549–0213. initiated by the filing of the application of the Paperwork Reduction Act, and are accompany each application as an not derived from a comprehensive or Existing Collection; New OMB Control No.: exhibit and, if necessary, be modified to Rule 0–4; SEC File No. 270–569; OMB even a representative survey or study of Control No. 3235–xxxx. reflect any amendment to the application. 1 Form N–8B–2 is the form used by unit Notice is hereby given that pursuant The requirements of rule 0–4 are investment trusts to register as investment to the Paperwork Reduction Act of 1995 designed to provide Commission staff companies under the Investment Company Act (44 U.S.C. 3501 et seq.) the Securities with the necessary information to assess (except for unit investment trusts that are insurance and Exchange Commission (the whether granting the orders of company separate accounts issuing variable annuity or variable life insurance contracts, which instead ‘‘Commission’’) is soliciting comments exemption are necessary and register on Form N–4 and Form N–6, respectively). on the collection of information appropriate in the public interest and The form requires that certain material information summarized below. The Commission consistent with the protection of about the trust, its sponsor, its trustees, and its plans to submit this collection of investors and the intended purposes of operation be disclosed. The registration on Form N– 8B–2 is a one-time filing that applies to the first information to the Office of the Act. series of the unit investment trust as well as any Management and Budget (‘‘OMB’’) for Applicants for orders under the subsequent series that is issued by the sponsor. approval. Advisers Act can include registered

VerDate Aug<31>2005 22:24 Jul 27, 2007 Jkt 211001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1 mstockstill on PROD1PC66 with NOTICES 41534 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices

investment advisers, affiliated persons Please direct your written comments SUMMARY OF APPLICATION: The Section of registered investment advisers, and to R. Corey Booth, Director/Chief 26 Applicants request an order pursuant entities seeking to avoid investment Information Officer, Securities and to section 26(c) of the 1940 Act, adviser status, among others. Exchange Commission, c/o Shirley approving the proposed substitution of Commission staff estimates that it Martinson, 6432 General Green Way, shares of certain series of the Trust receives approximately 9 applications Alexandria, VA, 22312 or send an e- (which is a registered investment per year submitted under rule 0–4 of the mail to: [email protected]. company that is an affiliate of the Act. Although each application Dated: July 23, 2007. Section 26 Applicants), Franklin typically is submitted on behalf of Templeton Variable Insurance Products Florence E. Harmon, multiple applicants, the applicants in Trust (‘‘Franklin VIT’’) and Variable the vast majority of cases are related Deputy Secretary. Insurance Products Fund II (‘‘Fidelity entities and are treated as a single [FR Doc. E7–14630 Filed 7–27–07; 8:45 am] VIT’’) (together, Franklin VIT and respondent for purposes of this analysis. BILLING CODE 8010–01–P Fidelity VIT, the ‘‘Outside VITs’’) for Most of the work of preparing an shares of other registered investment application is performed by outside companies unaffiliated with the section counsel and, therefore, imposes no SECURITIES AND EXCHANGE 26 Applicants (the ‘‘Substitutions’’), hourly burden on respondents. The cost COMMISSION each of which is currently used as an outside counsel charges applicants underlying investment option for depends on the complexity of the issues [Release No. IC–27909; File No. 812–13346] certain variable annuity contracts and/ covered by the application and the time or variable life insurance policies issued MONY Life Insurance Company of required. Based on conversations with by the Insurance Companies America, et al.; Notice of Application applicants and attorneys, the cost ranges (‘‘Contracts’’).1 The section 17 from approximately $7,000 for July 24, 2007. Applicants also request an order preparing a well-precedented, routine AGENCY: Securities and Exchange pursuant to section 17(b) of the 1940 application to approximately $80,000 to Commission (‘‘SEC’’ or the Act exempting them from section 17(a) prepare a complex or novel application. ‘‘Commission’’). of the 1940 Act to the extent necessary We estimate that the Commission to permit partly in-kind redemptions of ACTION: Notice of application for an receives 2 of the most time-consuming securities issued by certain Removed order pursuant to section 26(c) of the applications annually, 4 applications of Portfolios (as defined herein) and medium difficulty, and 3 of the least Investment Company Act of 1940 purchases of securities issued by certain difficult applications subject to rule 0– (‘‘1940 Act’’), approving certain Replacement Portfolios (as defined 4. This distribution gives a total substitutions of securities and for an herein) (the ‘‘In-Kind Transactions’’) in estimated annual cost burden to order of exemption pursuant to section connection with the Substitutions. 17(b) of the 1940 Act. applicants of filing all applications of FILING DATE: The application was filed $355,000 [(2 × $80,000) + (4 × $43,500) on November 22, 2006, and amended on APPLICANTS: MONY Life Insurance + (3 × $7,000)]. The estimates of annual Company of America (‘‘MLOA’’), MONY July 20, 2007. Applicants have agreed to burden hours and costs are made solely file an amendment during the notice for the purposes of the Paperwork Life Insurance Company (‘‘MONY’’), MONY America Variable Account A period, the substance of which is Reduction Act, and are not derived from contained in this notice. a comprehensive or even representative (‘‘MLOA Separate Account A’’), MONY America Variable Account L (‘‘MLOA HEARING OR NOTIFICATION OF HEARING: survey or study of the costs of An order granting the application will Commission rules and forms. Separate Account L’’) (together, ‘‘MLOA Separate Accounts’’), MONY Variable be issued unless the Commission orders The requirements of this collection of a hearing. Interested persons may information are required to obtain or Account A (‘‘MONY Separate Account A’’), MONY Variable Account L request a hearing by writing to the retain benefits. Responses will not be Secretary of the Commission and kept confidential. An agency may not (‘‘MONY Separate Account L’’) (together, ‘‘MONY Separate Accounts’’), serving Applicants with a copy of the conduct or sponsor, and a person is not request, personally or by mail. Hearing required to respond to a collection of AXA Equitable Life Insurance Company (‘‘AXA Equitable’’), Separate Account A requests should be received by the information unless it displays a Commission by 5:30 p.m. on August 16, currently valid control number. of AXA Equitable (‘‘Separate Account A’’), Separate Account FP of AXA 2007, and should be accompanied by Written comments are invited on: (a) proof of service on Applicants in the Whether the proposed collection of Equitable (‘‘Separate Account FP’’), Separate Account I of AXA Equitable form of an affidavit or, for lawyers, a information is necessary for the proper certificate of service. Hearing requests (‘‘Separate Account I’’), Separate performance of the functions of the should state the nature of the requester’s Account No. 45 of AXA Equitable agency, including whether the interest, the reason for the request, and (‘‘Separate Account 45’’), Separate information will have practical utility; the issues contested. Persons who wish Account No. 49 of AXA Equitable (b) the accuracy of the agency’s estimate to be notified of a hearing may request (‘‘Separate Account 49’’) and Separate of the burden of the collection of notification by writing to the Secretary Account No. 301+ of AXA Equitable information; (c) ways to enhance the of the Commission. quality, utility, and clarity of the (‘‘Separate Account 301+’’) (each, an ADDRESSES: Secretary, Securities and information collected; and (d) ways to ‘‘AXA Equitable Separate Account’’ and Exchange Commission, 100 F Street, minimize the burden of the collection of together, ‘‘AXA Equitable Separate information on respondents, including Accounts’’) (collectively, the ‘‘Section 1 AXA Equitable, MLOA and MONY are through the use of automated collection 26 Applicants’’), Separate Account No. sometimes referred to herein collectively as the techniques or other forms of information 66 of AXA Equitable (‘‘Separate ‘‘Insurance Companies’’ and individually as an technology. Consideration will be given Account 66’’) and EQ Advisors Trust ‘‘Insurance Company.’’ The MLOA Separate to comments and suggestions submitted (the ‘‘Trust’’) (together with the section Accounts, MONY Separate Accounts and AXA Equitable Separate Accounts are sometimes referred in writing within 60 days of this 26 Applicants, the ‘‘section 17 to herein collectively as the ‘‘Separate Accounts’’ publication. Applicants’’). and individually as a ‘‘Separate Account.’’

VerDate Aug<31>2005 22:24 Jul 27, 2007 Jkt 211001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1 mstockstill on PROD1PC66 with NOTICES