RI 20-123 60 Day FRN

khammond on DSKJM1Z7X2PROD with NOTICES

Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Notices
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an email
confirming receipt of the document. The
E-Filing system also distributes an email
that provides access to the document to
the NRC’s Office of the General Counsel
and any others who have advised the
Office of the Secretary that they wish to
participate in the proceeding, so that the
filer need not serve the document on
those participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed to obtain access to
the documents via the E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public website at https://
www.nrc.gov/site-help/esubmittals.html, by email to
[email protected], or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing stating why there is good cause for
not filing electronically and requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted in accordance with
10 CFR 2.302(b)–(d). Participants filing
adjudicatory documents in this manner
are responsible for serving their
documents on all other participants.
Participants granted an exemption
under 10 CFR 2.302(g)(2) must still meet
the electronic formatting requirement in
10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an
exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket, which is
publicly available at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the presiding
officer. Participants who do not have an
NRC-issued digital ID certificate as
described above may click ‘‘cancel’’
when the link requests certificates and

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they will be automatically directed to
the NRC’s electronic hearing dockets
where they will be able to access any
publicly available documents in a
particular hearing docket. Participants
are requested not to include personal
privacy information such as social
security numbers, home addresses, or
personal phone numbers in their filings
unless an NRC regulation or other law
requires submission of such
information. 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 should not include
copyrighted materials in their
submission.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
If a person other than Somat requests
a hearing, that person shall set forth
with particularity the manner in which
his interest is adversely affected by this
Confirmatory Order and shall address
the criteria set forth in 10 CFR 2.309(d)
and (f).
If a hearing is requested by a person
whose interest is adversely affected, the
Commission will issue an order
designating the time and place of any
hearings. If a hearing is held, the issue
to be considered at such hearing shall be
whether this Confirmatory Order should
be sustained.
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section V above shall be final thirty (30)
days from the date of this Confirmatory
Order without further order or
proceedings. If an extension of time for
requesting a hearing has been approved,
the provisions specified in Section V
shall be final when the extension
expires if a hearing request has not been
received.
Dated this 3rd day of March, 2022
Attachments: As stated
For the Nuclear Regulatory Commission.
Mohammed A. Shuaibi,
Deputy Regional Administrator, NRC Region
III.

Michigan Facilities Leased and
Operated by Somat Engineering, Inc.
With Moisture Density Gauges
Somat Engineering, Inc.
Docket No. 030–29146

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License No. 21–24685–01
Mr. Matthew Richardson, Radiation
Safety Officer
26445 Northline Road, Taylor, MI 48180
4039 40th St. SE, Ste. 4, Grand Rapids,
MI 49512
[FR Doc. 2022–05027 Filed 3–9–22; 8:45 am]
BILLING CODE 7590–01–P

OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: Request for
Case Review for Enhanced Disability
Annuity Benefit, RI 20–123
Office of Personnel
Management.
ACTION: 60-Day notice and request for
comments.
AGENCY:

Retirement Services, Office of
Personnel Management (OPM) offers the
general public and other federal
agencies the opportunity to comment on
an expiring information collection (ICR),
Request for Case Review for Enhanced
Disability Annuity Benefit, RI 20–123.
DATES: Comments are encouraged and
will be accepted until May 9, 2022.
ADDRESSES: You may submit comments,
identified by docket number and/or
Regulatory Information Number (RIN)
and title, by the following method:
—Federal Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
All submissions received must include
the agency name and docket number or
RIN for this document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing at http://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
SUMMARY:

A
copy of this ICR with applicable
supporting documentation, may be
obtained by contacting the Retirement
Services Publications Team, Office of
Personnel Management, 1900 E Street
NW, Room 3316–L, Washington, DC
20415, Attention: Cyrus S. Benson, or
sent by email to [email protected]
or faxed to (202) 606–0910 or reached
via telephone at (202) 606–4808.
SUPPLEMENTARY INFORMATION: As
required by the Paperwork Reduction
Act of 1995 (Pub. L. 104–13, 44 U.S.C.
chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is
soliciting comments for this collection
(OMB No. 3206–0254). The Office of
FOR FURTHER INFORMATION CONTACT:

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13778

Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Notices

Management and Budget is particularly
interested in comments that:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of functions
of the agency, including whether the
information will have practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
RI 20–123 is used by retirees
separated for disability and the
survivors of retirees separated for
disability to request that Retirement
Operations review the computations of
disability annuities to include the
formula provided in law for individuals
who performed service as law
enforcement officers, firefighters,
nuclear materials couriers, air traffic
controllers, Congressional employees,
and Capitol and Supreme Court Police.
Analysis
Agency: Retirement Services, Office of
Personnel Management.
Title: Request for Case Review for
Enhanced Disability Annuity Benefit.
OMB Number: 3206–0254.
Frequency: On occasion.
Affected Public: Individuals or
Households.
Number of Respondents: 100.
Estimated Time per Respondent: 5
minutes.
Total Burden Hours: 8.
Office of Personnel Management.
Kellie Cosgrove Riley,
Director, Office of Privacy and Information
Management.
[FR Doc. 2022–05067 Filed 3–9–22; 8:45 am]

khammond on DSKJM1Z7X2PROD with NOTICES

BILLING CODE 6325–38–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–401, OMB Control No.
3235–0459]

Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange

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Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Rule 3a–4

The prior 30-day notice was issued in
error and this new one allows a new 30
days to comment.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 350l–3520), the Securities
and Exchange Commission (the
‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for extension of the previously
approved collection of information
discussed below.
Rule 3a–4 (17 CFR 270.3a–4) under
the Investment Company Act of 1940
(15 U.S.C. 80a) (‘‘Investment Company
Act’’ or ‘‘Act’’) provides a nonexclusive
safe harbor from the definition of
investment company under the Act for
certain investment advisory programs.
These programs, which include ‘‘wrap
fee’’ programs, generally are designed to
provide professional portfolio
management services on a discretionary
basis to clients who are investing less
than the minimum investments for
individual accounts usually required by
the investment adviser but more than
the minimum account size of most
mutual funds. Under wrap fee and
similar programs, a client’s account is
typically managed on a discretionary
basis according to pre-selected
investment objectives. Clients with
similar investment objectives often
receive the same investment advice and
may hold the same or substantially
similar securities in their accounts.
Because of this similarity of
management, some of these investment
advisory programs may meet the
definition of investment company under
the Act.
In 1997, the Commission adopted rule
3a–4, which clarifies that programs
organized and operated in accordance
with the rule are not required to register
under the Investment Company Act or
comply with the Act’s requirements.1
These programs differ from investment
companies because, among other things,
they provide individualized investment
advice to the client. The rule’s
provisions have the effect of ensuring
that clients in a program relying on the
1 Status of Investment Advisory Programs Under
the Investment Company Act of 1940, Investment
Company Act Rel. No. 22579 (Mar. 24, 1997) [62 FR
15098 (Mar. 31, 1997)] (‘‘Adopting Release’’). In
addition, there are no registration requirements
under section 5 of the Securities Act of 1933 for
programs that meet the requirements of rule 3a–4.
See 17 CFR 270.3a–4, introductory note.

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rule receive advice tailored to the
client’s needs.
For a program to be eligible for the
rule’s safe harbor, each client’s account
must be managed on the basis of the
client’s financial situation and
investment objectives and in accordance
with any reasonable restrictions the
client imposes on managing the
account. When an account is opened,
the sponsor 2 (or its designee) must
obtain information from each client
regarding the client’s financial situation
and investment objectives, and must
allow the client an opportunity to
impose reasonable restrictions on
managing the account.3 In addition, the
sponsor (or its designee) must contact
the client annually to determine
whether the client’s financial situation
or investment objectives have changed
and whether the client wishes to impose
any reasonable restrictions on the
management of the account or
reasonably modify existing restrictions.
The sponsor (or its designee) must also
notify the client quarterly, in writing, to
contact the sponsor (or its designee)
regarding changes to the client’s
financial situation, investment
objectives, or restrictions on the
account’s management.
Additionally, the sponsor (or its
designee) must provide each client with
a quarterly statement describing all
activity in the client’s account during
the previous quarter. The sponsor and
personnel of the client’s account
manager who know about the client’s
account and its management must be
reasonably available to consult with the
client. Each client also must retain
certain indicia of ownership of all
securities and funds in the account.
The Commission staff estimates that
27,979,460 clients participate each year
in investment advisory programs relying
on rule 3a–4.4 Of that number, the staff
2 For purposes of rule 3a–4, the term ‘‘sponsor’’
refers to any person who receives compensation for
sponsoring, organizing or administering the
program, or for selecting, or providing advice to
clients regarding the selection of, persons
responsible for managing the client’s account in the
program.
3 Clients specifically must be allowed to designate
securities that should not be purchased for the
account or that should be sold if held in the
account. The rule does not require that a client be
able to require particular securities be purchased for
the account.
4 These estimates are based on an analysis of the
number of individual clients from Form ADV Item
5D(a)(1) and (b)(1) of advisers that report they
provide portfolio management to wrap programs as
indicated in Form ADV Item 5I(2)(b) and (c), and
the number of individual clients of advisers that
identify as internet advisers in Form ADV Item
2A(11). From analysis comparing reported
individual client assets in Form ADV Item 5D(a)(3)
and 5D(b)(3) to reported wrap portfolio manager
assets in Form ADV Item 5I(2)(b) and (c), we

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