[Federal Register: December 12, 2008 (Volume 73, Number 240)]
[Notices]
[Page 75711-75714]
[DOCID:fr12de08-68]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2008-0865; FRL-8393-5]

Certain New Chemicals; Receipt and Status Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Section 5 of the Toxic Substances Control Act (TSCA) requires
any person who intends to manufacture (defined by statute to include
import) a new chemical (i.e., a chemical not on the TSCA Inventory) to
notify EPA and comply with the statutory provisions pertaining to the
manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of
TSCA, EPA is required to publish a notice of receipt of a
premanufacture notice (PMN) or an application for a test marketing
exemption (TME), and to publish periodic status reports on the
chemicals under review and the receipt of notices of commencement to
manufacture those chemicals. This status report, which covers the
period from November 3, 2008 through November 14, 2008, consists of the
PMNs pending or expired, and the notices of commencement to manufacture
a new chemical that the Agency has received under TSCA section 5 during
this time period.

DATES: Comments identified by the specific PMN number or TME number,
must be received on or before January 12, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0865, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW.,

Washington, DC. Attention: Docket ID Number EPA-HQ-OPPT-2008-0865. The
DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the DCO is<PHONE_NUMBER>.
Such deliveries are only accepted during the DCO's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2008-0865. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics (7408M), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitter of the premanufacture notices
addressed in the action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and
then identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
     i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
     v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
     vii. Explain your views as clearly as possible, avoiding the use
of profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

II. Why is EPA Taking this Action?

    Section 5 of TSCA requires any person who intends to manufacture
(defined by statute to include import) a new chemical (i.e., a chemical
not on the TSCA Inventory to notify EPA and comply with the statutory
provisions pertaining to the manufacture of new chemicals. Under
sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a
notice of receipt of a PMN or an application for a TME and to publish
periodic status reports on the chemicals under review and the receipt
of notices of commencement to manufacture those chemicals. This status
report, which covers the period from November 3, 2008 through November
14, 2008, consists of the PMNs pending or expired, and the notices of
commencement to manufacture a new chemical that the Agency has received
under TSCA section 5 during this time period.

III. Receipt and Status Report for PMNs

    This status report identifies the PMNs pending or expired, and the
notices of commencement to manufacture a new chemical that the Agency
has received under TSCA section 5 during this time

period. If you are interested in information that is not included in
the following tables, you may contact EPA as described in Unit I. to
access additional non-CBI information that may be available.
    In Table I of this unit, EPA provides the following information (to
the extent that such information is not claimed as CBI) on the PMNs
received by EPA during this period: the EPA case number assigned to the
PMN; the date the PMN was received by EPA; the projected end date for
EPA's review of the PMN; the submitting manufacturer; the potential
uses identified by the manufacturer in the PMN; and the chemical
identity.

                                            I. 21 Premanufacture Notices Received From: 11/03/08 to 11/14/08
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Projected Notice End
              Case No.                    Received Date               Date           Manufacturer/Importer           Use                  Chemical
--------------------------------------------------------------------------------------------------------------------------------------------------------
P-09-0051                            11/04/08                02/01/09                CBI                    (G) Additive for       (G) Polyacrylic
                                                                                polymers
P-09-0052                            11/05/08                02/02/09                CBI                    (S) Latent catalyst    (G) Dodecylbenzene
                                                                                for specialty          sulfonic acid,
                                                                                coatings, appliance    complex with
                                                                                coatings, coil         aliphatic
                                                                                coating, can           alkanolamine
                                                                                coatings, wood, etc;
P-09-0053                            11/05/08                02/02/09                CBI                    (S) Latent catalyst    (G) Toluenesulfonic
                                                                                for specialty          acid, salt with
                                                                                coatings, appliance    aliphatic
                                                                                coatings, coil         alkanolamine
                                                                                coating, can
                                                                                coatings, wood, etc;
P-09-0054                            11/05/08                02/02/09                Nano-C. Inc.           (S) (1) Compound for   (S) [5,6]fullerene-
                                                                                use in organic         C60-ih
                                                                                electronic devices.
                                                                                (2) Compound used to
                                                                                improve the
                                                                                mechanical
                                                                                properties of
                                                                                rubbers, plastics,
                                                                                and lubricants. (3)
                                                                                Compound for use as
                                                                                an additve to
                                                                                increase the
                                                                                conductivity of
                                                                                materials.
P-09-0055                            11/05/08                02/02/09                Nano-C. Inc.           (S) (1) Compound for   (S) [5,6]fullerene-
                                                                                use in organic         C70-d5h(6)
                                                                                electronic devices.
                                                                                (2) Compound used to
                                                                                improve the
                                                                                mechanical
                                                                                properties of
                                                                                rubbers, plastics,
                                                                                and lubricants. (3)
                                                                                Compound for use as
                                                                                an additve to
                                                                                increase the
                                                                                conductivity of
                                                                                materials
P-09-0056                            11/05/08                02/02/09                Nano-C. Inc.           (S) (1) Compound for   (S) [5,6]fullerene-
                                                                                use in organic         C84-d2
                                                                                electronic devices.
                                                                                (2) Compound used to
                                                                                improve the
                                                                                mechanical
                                                                                properties of
                                                                                rubbers, plastics,
                                                                                and lubricants. (3)
                                                                                Compound for use as
                                                                                an additve to
                                                                                increase the
                                                                                conductivity of
                                                                                materials.
P-09-0057                            11/05/08                02/02/09                Nano-C. Inc.           (S) (1) Compound for   (S) [5,6]fullerene-
                                                                                use in organic         C84-d2d
                                                                                electronic devices.
                                                                                (2) Compound used to
                                                                                improve the
                                                                                mechanical
                                                                                properties of
                                                                                rubbers, plastics,
                                                                                and lubricants. (3)
                                                                                Compound for use as
                                                                                an additve to
                                                                                increase the
                                                                                conductivity of
                                                                                materials.
P-09-0058                            11/06/08                02/03/09                CBI                    (G) Oilfield           (G)
                                                                                production chemical    Alkenylsuccinicanhyd
                                                                                ride derivative
P-09-0059                            11/06/08                02/03/09                CBI                    (G) Coatings           (G) Urethane
                                                                                methacrylate
P-09-0060                            11/07/08                02/04/09                CBI                    (S) Waterborne         (G) Polyurethane
                                                                                urethane acrylate      oligomer
                                                                                used in wood
                                                                                coatings by kitchen
                                                                                cabinet makers
P-09-0061                            11/07/08                02/04/09                Dupont Agricultural    (S) Industrial         (G) Hydroxy-chloro-
                                                                                Caribe Industries,     intermediate           cyclopropyl-
                                                                                Ltd                                           heteromonocycliccarb
                                                                                oxylic acid
P-09-0062                            11/07/08                02/04/09                3M                     (G) Battery additive   (G) Alkyl aryl ether
P-09-0063                            11/07/08                02/04/09                Dupont Agricultural    (S) Industrial         (G) Amino-chloro-
                                                                                Caribe Industries,     intermediate           cyclopropyl-
                                                                                Ltd                                           heteromonocycliccarb
                                                                                oxylic acid
P-09-0064                            11/07/08                02/04/09                CBI                    (G) Coloration         (G) Substituted
                                                                                auxiliary for          sulfonated phenylazo
                                                                                cellulosic materials   naphthalene sufonic
                                                                                and substrates         acid salt
P-09-0065                            11/10/08                02/07/09                CBI                    (G) A lubricant        (G) Benzoic acid
                                                                                additive for engines   phenyl ester
P-09-0066                            11/10/08                02/07/09                CBI                    (G) A lubricant        (G) Benzoic acid
                                                                                additive for engines   phenyl ester
P-09-0067                            11/12/08                02/09/09                CBI                    (G) Binder resin       (G) Polyester resin
                                                                                ingredient             amine salt
P-09-0068                            11/12/08                02/09/09                CBI                    (G) Lubricant          (G) Alkoxylated alkyl
                                                                                additive               phosphate,
                                                                                bis(alkyl)amine salt
P-09-0069                            11/13/08                02/10/09                Meadwestvaco           (S) Asphalt emulsifer  (G) Amides, from
                                                                                Corporation                                   lignin, tall oil
                                                                                fatty acids, C21
                                                                                dicarboxylic acids
                                                                                and
                                                                                polyalkanolamines.
P-09-0070                            11/13/08                02/10/09                Meadwestvaco           (S) Asphalt emulsifer  (G) Amides, from
                                                                                Corporation            salt                   lignin, tall oil
                                                                                fatty acids, C21
                                                                                dicarboxylic acids
                                                                                and
                                                                                polyalkanolamines,
                                                                                hydrochlorides
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In Table II of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the
Notices of Commencement to manufacture received:

                            II. 10 Notices of Commencement From: 11/03/08 to 11/14/08
----------------------------------------------------------------------------------------------------------------
                                                                Commencement Notice
              Case No.                     Received Date             End Date                  Chemical
----------------------------------------------------------------------------------------------------------------
P-06-0469                             11/10/08                10/22/08                (G) Chlorinated polyester
                                                                                resin
P-07-0348                             10/31/08                10/29/08                (G) Copolymer based on
                                                                                sulfonic acid monomer
P-08-0127                             11/10/08                11/05/08                (S) 2-hexenoic acid, 2-
                                                                                methyl-, methyl ester,
                                                                                (2)-
P-08-0191                             10/31/08                10/22/08                (G) Modified polyamine
P-08-0192                             10/31/08                10/23/08                (G) Modified polyamine
P-08-0382                             11/05/08                10/27/08                (G) Propenenitrile,
                                                                                reaction products with
                                                                                alkylenediamine,
                                                                                hydrogenated, N-aryl
                                                                                derivates
P-08-0499                             11/05/08                10/29/08                (S) Arylesterase - The CAS
                                                                                registy number (9032-73-
                                                                                9) was determined by
                                                                                using the enzyme
                                                                                classification number for
                                                                                this enzyme. arylesterase
                                                                                (EC <IP_ADDRESS>) is
                                                                                referenced in the Brenda
                                                                                Comprehensive Enzyme
                                                                                Information System and in
                                                                                the expasy enzyme
                                                                                database. Synonyms are
                                                                                paraoxonase and alpha-
                                                                                esterase. The systematic
                                                                                name is aryl-ester
                                                                                hydrolase. Arylesterases
                                                                                act on many phenolic
                                                                                esters. It is likely that
                                                                                the three forms of human
                                                                                paraoxonase are
                                                                                lactonases rather than
                                                                                aromatic esterases [7,8].
                                                                                The natural substrates of
                                                                                the paraoxonases are
                                                                                lactones, with ()-5-
                                                                                hydroxy-6E,8Z,11Z,4Z-
                                                                                eicostetraenoic-acid 1,5-
                                                                                lactone being the best
                                                                                substrate
P-08-0528                             11/05/08                10/16/08                (S) Butanoic acid, 2-
                                                                                methyl-, 5-hexen-1-yl
                                                                                ester
P-08-0529                             11/06/08                10/21/08                (G) 1,2,3 - propanetriol,
                                                                                homopolymer, ether with
                                                                                aliphatic alcohol
P-08-0553                             11/06/08                10/20/08                (G) Polycarbonate
                                                                                polyurethane acrylate
                                                                                oligomer
----------------------------------------------------------------------------------------------------------------

List of Subjects

    Environmental protection, Chemicals, Premanufacturer notices.

    Dated: December 3, 2008.
Chandler Sirmons,
Acting Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. E8-29466 Filed 12-11-08; 8:45 am]

BILLING CODE 6560-50-S


18977 Federal Register / Vol. 68, No. 74 / Thursday, April 17, 2003 / Notices ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2002   0296; FRL   7279   9]

Pesticides; Data Submitter Rights for Data Submitted in Support of Tolerance Actions; Notice of Availability AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: On January 19, 2000, EPA announced the availability for comment of a paper, discussing options to enable the Agency to appropriately implement the new provisions contained in section 408( i) of the Federal Food, Drug, and Cosmetic Act ( FFDCA) to address exclusive use and compensation rights for data submitted to EPA in support of tolerance and tolerance exemption actions. EPA announces the availability for comment of a proposal which incorporates public comments received, and outlines the Agency's concept of the implementation of a data compensation program under FFDCA section 408( i). The Agency seeks public comment on this proposal. DATES: Comments, identified by docket ID number OPP   2002   0296, must be received on or before July 16, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Cameo G. Smoot, Field and External Affairs Division ( 7506C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   5454; fax number: ( 703) 308   5884; and e mail address: smoot. cameo@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be potentially affected by this action if you submit data to EPA in support of establishing, maintaining, or exempting tolerances for pesticides under the FFDCA, or are a pesticide registrant or a person applying for pesticide registration under the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA). Potentially affected entities may include, but are not limited to: Pesticide Manufacturing ( NAICS 32532) e. g., individuals or entities engaged in activities related to the registration of a pesticide product. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in 40 CFR part 152 Pesticide Registration and Classification Procedures and section 408( i) of the FFDCA. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2002   0296. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI), or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket, but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are VerDate Jan< 31> 2003 18: 48 Apr 16, 2003 Jkt 200001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 17APN1. SGM 17APN1 18978 Federal Register / Vol. 68, No. 74 / Thursday, April 17, 2003 / Notices submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets, or e mail to submit CBI, or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also, include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2002   0296. The system is an `` anonymous access'' system, which means, EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID number OPP   2002   0296. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect, or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency ( 7502C), 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID number OPP   2002   0296. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA., Attention: Docket ID number OPP   2002   0296. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. A. 1.

D. How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket, and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI, or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT. E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at your estimate. 5. Provide specific examples to illustrate your concerns. 6. Offer alternatives. 7. Make sure to submit your comments by the comment period deadline identified. 8. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and Federal Register citation related to your comments.

II. What Action is the Agency Taking?

EPA is making available for comment a proposal to implement exclusive use and compensation rights for data submitted to the Environmental Protection Agency in support of tolerance and tolerance exemption actions and discussing confidentiality of tolerance and tolerance exemption data. On January 19, 2000 ( 65 FR 2947) ( FRL   6385   7), EPA announced the availability for comment of a paper discussing options to enable the Agency to appropriately implement the new exclusive use and data compensation provisions contained in section 408( i) of the FFDCA. Today, the Agency is making available a paper that discusses the comments received and sets forth a proposal which considers those comments and incorporates the Agency's concept of the implementation of a data compensation program under FFDCA section 408( i). The Agency seeks public comment on this proposal.

List of Subjects Environmental protection, Pesticides, Tolerances, Data compensation.

Dated: April 8, 2003.

James Jones,

Director, Office of Pesticide Programs. [ FR Doc. 03   9486 Filed 4   16   03; 8: 45 am]

BILLING CODE 6560   50   S VerDate Jan< 31> 2003 20: 31 Apr 16, 2003 Jkt 200001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 17APN1. SGM 17APN1


[Federal Register: March 23, 2007 (Volume 72, Number 56)]
[Notices]
[Page 13829-13837]
[DOCID:fr23mr07-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-27752; File No. 812-13318]

John Hancock Life Insurance Company, et al.

March 19, 2007.
AGENCY: Securities and Exchange Commission (``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'').

-----------------------------------------------------------------------

    Applicants: John Hancock Life Insurance Company (U.S.A.) (``John
Hancock USA''), John Hancock Life Insurance Company (U.S.A.) Separate
Account H (``Account H''), John Hancock Life Insurance Company of New
York (``John Hancock New York'') and John Hancock Life Insurance
Company of New York Separate Account A (``Account A'') (collectively
the ``Applicants'').
SUMMARY: Applicants seek an order approving the substitution of shares
of certain series of John Hancock Trust (``JHT'') for shares of certain
series of other, unaffiliated, registered investment companies as
described herein.
    Filing Date: The application was filed on July 31, 2006, and an
amended and restated application was filed on March 8, 2007.
    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 April 13, 2007, 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: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549. Applicants, c/o Raymond A. O'Hara III,
Blazzard & Hasenauer, P.C., 1375 Kings Highway East, Suite 220,
Fairfield, CT 06824.

FOR FURTHER INFORMATION CONTACT: Alison T. White, Senior Counsel, or
Joyce M. Pickholz, Branch Chief, Office of Insurance Products, Division
of Investment Management, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following is a summary of the amended
and restated application. The complete application is available for a
fee from the Public Reference Branch of the Commission, 100 F Street,
NE., Washington, DC 20549<PHONE_NUMBER>).

Applicants' Representations

    1. John Hancock USA, formerly known as The Manufacturers Life
Insurance Company (U.S.A.), is a stock life insurance company
originally organized under the laws of Maine on August 20, 1955 by a
special act of the Maine legislature. John Hancock USA redomesticated
under the laws of Michigan on December 30, 1992.
    2. Account H is registered under the Act as a unit investment trust
(File No. 811-4113). The variable annuity contracts funded by Account H
that are affected by this application are Scudder Wealthmark Annuity
(File Nos. 333-70728 and 333-70730) and Scudder Wealthmark ML3 Annuity
(File No. 333-70850).
    3. John Hancock New York, formerly known as The Manufacturers Life
Insurance Company of New York, is a wholly-owned subsidiary of John
Hancock USA and is a stock life insurance company organized under the
laws of New York on February 10, 1992.
    4. Account A is registered under the Act as a unit investment trust
(File No. 811-6584). It is used to fund variable annuity contracts of
John Hancock New York. The variable annuity contracts funded by Account
A that are affected by this application are Scudder Wealthmark Annuity
for New York (File Nos. 33-79112 and 33-46217) and Scudder Wealthmark
ML3 Annuity for New York (File No. 333-83558).
    5. The individual and group variable annuity contracts affected by
this application are collectively referred to as the ``Contracts.''
    6. Each of the Contracts permits its owners to allocate the
Contract's accumulated value among numerous available Subaccounts, each
of which invests in a different investment portfolio (``Fund'') of an
underlying mutual fund.
    7. Each Contract permits its owner to transfer the Contract's
accumulated value from one Subaccount to another Subaccount of the
issuing Separate Account at any time, subject to certain potential
restrictions and charges described in the Contracts and Prospectuses
relating to the Contracts. To the extent that the Contracts contain
restrictions or limitations on an owner's

right to transfer, such restrictions and limitations will be suspended
in connection with the transfers as described in further detail
elsewhere herein.
    8. Each Insurance Company reserves the right to make certain
changes, including the right to substitute, for the shares held in any
Subaccount, the shares of another Fund or the shares of another
underlying mutual fund, as stated in each prospectus for the Contracts.
    9. Shares of JHT are sold exclusively to insurance company separate
accounts to fund benefits under variable annuity contracts and variable
life insurance policies sponsored by the Insurance Companies or their
affiliates, and to employer pension and profit sharing plans. JHT is
registered under the Act as an open-end management investment company
of the series type, and its securities are registered under the 1933
Act, File Nos. 002-94157/811-04146 and 33-02081/811-04490. John Hancock
Investment Management Services, LLC (formerly, Manufacturers Securities
Services, LLC) (``JHIMS''), is the investment adviser to JHT, and each
series has its own subadviser.
    10. Each Insurance Company, on its behalf and on behalf of the
Separate Accounts, proposes to make certain substitutions of shares of
thirty-five funds (the ``Existing Funds'') held in the Subaccounts of
its respective Separate Accounts with certain Series (the ``Replacement
Funds'') of JHT as follows:

------------------------------------------------------------------------
             Existing funds                     Replacement funds
------------------------------------------------------------------------
AIM V.I. Utilities Fund--Series II.....  JHT Total Stock Market Index
                                          Trust--Series II.
DWS Blue Chip VIP--Series II, Class B
DWS Health Care VIP--Series I, Class B
DWS Technology VIP--Series II, Class B
The Dreyfus Socially Responsible Growth  JHT Quantitative All Cap Trust--
 Fund, Inc.--Service Class.               Series II.
DWS Dreman High Return Equity VIP--
 Series II, Class B
DWS Janus Growth and Income VIP--Series
 II, Class B
Alger American Leveraged AllCap          JHT All Cap Core Trust--Series
 Portfolio--Class S.                      II.
DWS Large Cap Value VIP--Series II,      JHT Quantitative Value Trust--
 Class B.                                 Series II.
DWS Davis Venture Value VIP--Series II,  JHT Fundamental Value Trust--
 Class B.                                 Series II.
DWS Dreman Small Cap Value VIP--Series   JHT Small Cap Index Trust--
 II, Class B.                             Series II.
DWS Small Cap Growth VIP--Series II,
 Class B
Alger American Balanced Portfolio--      JHT Index Allocation Trust--
 Class S.                                 Series II.
DWS Balanced VIP--Series II, Class B
DWS RREEF Real Estate Securities VIP--   JHT Real Estate Securities
 Class B.                                 Trust--Series II.
DWS International VIP--Series I, Class   JHT International Value Trust--
 B.                                       Series II.
DWS Global Thematic VIP--Series II,      JHT Global Trust--Series II.
 Class B.
DWS Global Opportunities VIP--Series I,
 Class B
DWS Bond VIP--Series I, Class B........  JHT Bond Index Trust--Series
                                          II.
DWS High Income VIP--Series II, Class B  JHT Active Bond Trust--Series
                                          II.
DWS Strategic Income VIP--Series II,
 Class B
DWS Core Fixed Income VIP--Series II,    JHT Investment Quality Bond
 Class B.                                 Trust--Series II.
DWS Growth Allocation VIP--Series II,    JHT Lifestyle Growth Trust--
 Class B.                                 Series II.
DWS Moderate Allocation VIP--Series II,  JHT Lifestyle Balanced Trust--
 Class B.                                 Series II.
DWS Conservative Allocation VIP--Series  JHT Lifestyle Moderate Trust--
 II, Class B.                             Series II.
Dreyfus MidCap Stock Portfolio--Service  JHT Mid Cap Index Trust--Series
 Class.                                   II.
DWS Mid Cap Growth VIP--Series II,       JHT Quantitative Mid Cap Trust--
 Class B.                                 Series II.
DWS Turner Mid Cap Growth VIP--Series
 II, Class B
DWS Capital Growth VIP--Series I, Class  JHT 500 Index Trust B.
 B.
DWS Growth and Income VIP--Series I,
 Class B
DWS International Select Equity VIP--    JHT International Equity Index
 Series II, Class B.                      Trust B.
Credit Suisse Trust Emerging Markets
 Portfolio
Credit Suisse Trust Global Small Cap
 Portfolio
DWS Government & Agency Securities VIP-- JHT Money Market Trust B.
 Series II, Class B.
DWS Money Market VIP--Series II, Class
 B
------------------------------------------------------------------------

    11. With respect to each substitution, the investment objectives
and comparative fund expenses for each Existing Fund and each
Replacement Fund are below. Asset sizes and comparative performance
history for each Existing Fund and each Replacement Fund can be found
in the application filed with the Commission.
    12. AIM V.I. Utilities Fund--JHT Total Stock Market Index Trust:
The AIM V.I. Utilities Fund seeks capital growth and current income.
The Fund normally invests at least 80% of its net assets in the equity
securities and equity-related instruments of companies engaged in
utilities-related industries. The JHT Total Stock Market Index Trust
seeks to approximate the aggregate total return of the Dow Jones
Wilshire 5000 Index (``Wilshire 5000 Index''). The Trust invests, under
normal market conditions, at least 80% of its net assets (plus any
borrowings for investment purposes) in the common stocks that are
included in the Wilshire 5000 Index, and securities (which may or may
not be included in the Wilshire 5000 Index) that the sub-adviser
believes as a group will behave in a manner similar to the Wilshire
5000 Index.
    13. DWS Blue Chip VIP--JHT Total Stock Market Index Trust: DWS Blue
Chip VIP seeks growth of capital and income. Under normal
circumstances, the portfolio invests at least 80% of net assets, plus
the amount of any borrowings for investment purposes, in common stocks
of large U.S. companies that are similar in size to the companies in
the S&P 500 Index and that the portfolio managers consider to be ``blue
chip'' companies. The JHT Total Stock Market Index Trust seeks to
approximate the aggregate total return of the Wilshire 5000 Index. The
Trust invests, under normal market conditions, at least 80% of its net
assets (plus any borrowings for investment purposes) in the common
stocks that are included in the Wilshire 5000 Index, and securities
(which may or may not be included in the Wilshire 5000 Index)

that the sub-adviser believes as a group will behave in a manner
similar to the Wilshire 5000 Index.
    14. DWS Health Care VIP--JHT Total Stock Market Index Trust: DWS
Health Care VIP seeks long-term growth of capital by investing at least
80% of total assets, plus the amount of any borrowings for investment
purposes, in common stocks of companies in the health care sector. The
JHT Total Stock Market Index Trust seeks to approximate the aggregate
total return of the Wilshire 5000 Index. The Trust invests, under
normal market conditions, at least 80% of its net assets (plus any
borrowings for investment purposes) in the common stocks that are
included in the Wilshire 5000 Index, and securities (which may or may
not be included in the Wilshire 5000 Index) that the sub-adviser
believes as a group will behave in a manner similar to the Wilshire
5000 Index.
    15. DWS Technology VIP--JHT Total Stock Market Index Trust: DWS
Technology VIP seeks growth of capital by, under normal circumstances,
investing at least 80% of net assets, plus the amount of any borrowings
for investment purposes, in common stocks of U.S. companies in the
technology sector. The JHT Total Stock Market Index Trust seeks to
approximate the aggregate total return of the Wilshire 5000 Index. The
Trust invests, under normal market conditions, at least 80% of its net
assets (plus any borrowings for investment purposes) in the common
stocks that are included in the Wilshire 5000 Index, and securities
(which may or may not be included in the Wilshire 5000 Index) that the
sub-adviser believes as a group will behave in a manner similar to the
Wilshire 5000 Index.
    16. The Dreyfus Socially Responsible Growth Fund, Inc.--JHT
Quantitative All Cap Trust: The Dreyfus Socially Responsible Growth
Fund, Inc. seeks to provide capital growth, with current income as a
secondary goal by investing, under normal circumstances, at least 80%
of its assets in the common stocks of companies that, in the opinion of
the fund's management, meet traditional investment standards and
conduct their business in a manner that contributes to the enhancement
of the quality of life in America. The JHT Quantitative All Cap Trust
seeks long-term growth of capital. The portfolio seeks to achieve its
objective by investing, under normal circumstances, primarily in equity
securities of U.S. companies.
    17. DWS Dreman High Return Equity VIP--The JHT Quantitative All Cap
Trust: DWS Dreman High Return Equity VIP seeks to achieve a high rate
of total return. Under normal circumstances, the portfolio invests at
least 80% of net assets, plus the amount of any borrowings for
investment purposes, in common stocks and other equity securities. The
JHT Quantitative All Cap Trust seeks long-term growth of capital by
investing, under normal circumstances, primarily in equity securities
of U.S. companies.
    18. DWS Janus Growth and Income VIP--JHT Quantitative All Cap
Trust: DWS Janus Growth and Income VIP seeks long-term capital growth
and current income. The portfolio normally emphasizes investments in
equity securities. The JHT Quantitative All Cap Trust seeks long-term
growth of capital. Under normal circumstances, the portfolio primarily
invests in equity securities of U.S. companies.
    19. Alger American Leveraged AllCap Portfolio--JHT All Cap Core
Trust: The Alger American Leveraged AllCap Portfolio seeks long-term
capital appreciation. The portfolio invests primarily in equity
securities, such as common or preferred stocks, which are listed on
U.S. exchanges or in the over-the-counter market. The JHT All Cap Core
Trust seeks long-term growth of capital. The portfolio invests in
common stocks and other equity securities within all asset classes
(small, mid and large cap) and primarily within the Russell 3000 Index.
    20. DWS Large Cap Value VIP--JHT Quantitative Value Trust: DWS
Large Cap Value VIP seeks to achieve a high rate of total return. Under
normal circumstances, the portfolio invests at least 80% of net assets,
plus the amount of any borrowings for investment purposes, in common
stocks and other equity securities, of large U.S. companies that are
similar in size to the companies in the Russell 1000 Value Index and
that the portfolio managers believe are undervalued. The JHT
Quantitative Value Trust seeks long-term capital appreciation. The
portfolio invests primarily in large-cap U.S. securities with the
potential for long-term growth of capital.
    21. DWS Davis Venture Value VIP--JHT Fundamental Value Trust: Both
DWS Davis Venture Value VIP and JHT Fundamental Value Trust seek growth
of capital. The DWS Davis Venture Value VIP invests primarily in common
stocks of U.S. companies with market capitalizations of at least $5
billion. The JHT Fundamental Value Trust invests, under normal market
conditions, primarily in common stocks of U.S. companies with market
capitalizations of at least $10 billion.
    22. DWS Dreman Small Cap Value VIP-JHT Small Cap Index Trust: DWS
Dreman Small Cap Value VIP seeks long-term capital appreciation. Under
normal circumstances, the portfolio invests at least 80% of net assets,
plus the amount of any borrowings for investment purposes, in
undervalued common stocks of small U.S. companies, which the portfolio
defines as companies that are similar in market value to those in the
Russell 2000 Value Index. The JHT Small Cap Index Trust seeks to
approximate the aggregate total return of the Russell 2000 Index. The
Trust invests, under normal market conditions, at least 80% of its net
assets, plus any borrowings for investment purposes, in the common
stocks that are included in the Russell 2000 Index, and securities
(which may or may not be included in the Russell 2000 Index) that the
sub-adviser believes as a group will behave in a manner similar to the
Russell 2000 Index.
    23. DWS Small Cap Growth VIP--JHT Small Cap Index Trust: DWS Small
Cap Growth VIP seeks maximum appreciation of investors' capital. Under
normal circumstances, the portfolio invests at least 80% of net assets,
plus the amount of any borrowings for investment purposes, in small
capitalization stocks similar in size to those comprising the Russell
2000 Growth Index. The JHT Small Cap Index Trust seeks to approximate
the aggregate total return of the Russell 2000 Index. The Trust
invests, under normal market conditions, at least 80% of its net
assets, plus any borrowings for investment purposes, in the common
stocks that are included in the Russell 2000 Index, and securities
(which may or may not be included in the Russell 2000 Index) that the
sub-adviser believes as a group will behave in a manner similar to the
Russell 2000 Index.
    24. Alger American Balanced Portfolio--JHT Index Allocation Trust:
The Alger American Balanced Portfolio seeks current income and long-
term capital appreciation. Under normal circumstances, the portfolio
will invest at least 25% of its net assets in fixed-income securities
and at least 25% of its net assets in equity securities. The JHT Index
Allocation Trust seeks long-term growth of capital by investing
approximately 30% of the portfolio's assets in fixed income index funds
and approximately 70% of its assets in equity index funds. Current
income is also a consideration.
    25. DWS Balanced VIP--JHT Index Allocation Trust: The DWS Balanced
VIP seeks high total return, a combination of income and capital
appreciation. The portfolio normally invests approximately 60% of its
net assets in common stocks and other

equity securities and approximately 40% of its net assets in fixed
income securities. The JHT Index Allocation Trust seeks long-term
growth of capital by investing approximately 30% of the portfolio's
assets in fixed income index funds and approximately 70% of its assets
in equity index funds. Current income is also a consideration.
    26. DWS RREEF Real Estate Securities VIP--JHT Real Estate
Securities Trust: Both DWS RREEF Real Estate Securities VIP and the JHT
Real Estate Securities Trust seek to achieve long-term capital
appreciation and current income through investing, under normal market
conditions, at least 80% of net assets (plus any borrowings for
investment purposes) in equity securities of real estate investment
trusts and real estate companies.
    27. DWS International VIP--JHT International Value Trust: DWS
International VIP seeks long-term growth of capital primarily through
diversified holdings of marketable foreign equity investments. Although
it may invest in companies of any size and from any country, it invests
mainly in common stocks of established companies in countries with
developed economies. The JHT International Value Trust seeks long-term
growth of capital by investing, under normal market conditions,
primarily in equity securities of companies located outside the U.S.,
including in emerging markets.
    28. DWS Global Thematic VIP--JHT Global Trust: DWS Global Thematic
VIP seeks long-term capital growth by investing, under normal
circumstances, at least 80% of net assets, plus the amount of any
borrowings for investment purposes, in common stocks and other equities
of companies throughout the world that the portfolio managers consider
to be ``blue chip'' companies. The JHT Global Trust seeks long-term
capital appreciation by investing, under normal market conditions, at
least 80% of its net assets (plus any borrowings for investment
purposes) in the equity securities of companies located anywhere in the
world, including emerging markets.
    29. DWS Global Opportunities VIP--JHT Global Trust: DWS Global
Opportunities VIP seeks above-average capital appreciation over the
long term by investing at least 65% of total assets in common stocks
and other equities of small companies throughout the world. The JHT
Global Trust seeks long-term capital appreciation by investing, under
normal market conditions, at least 80% of its net assets (plus any
borrowings for investment purposes) in the equity securities of
companies located anywhere in the world, including emerging markets.
    30. DWS Bond VIP--JHT Bond Index Trust A: DWS Bond VIP seeks to
provide a high level of income consistent with a high quality portfolio
of debt securities by investing, under normal circumstances, at least
80% of net assets, plus the amount of any borrowings for investment
purposes, in bonds of any maturity. The JHT Bond Index Trust A seeks to
track the performance of the Lehman Brothers Aggregate Bond Index
(``Lehman Index''). The Lehman Index consists of dollar denominated,
fixed rate, investment grade debt securities with maturities generally
greater than one year and outstanding par values of at least $200
million. Under normal market conditions will invest at least 80% of its
assets in securities listed in the Lehman Index.
    31. DWS High Income VIP--JHT Active Bond Trust: DWS High Income VIP
seeks to provide a high level of current income by investing, under
normal circumstances, at least 65% of net assets, plus the amount of
any borrowings for investment purposes, in junk bonds, which are those
rated below the fourth highest credit rating category (i.e., grade BB/
Ba and below). The JHT Active Bond Trust seeks income and capital
appreciation by investing, normally, at least 80% of its assets in a
diversified mix of debt securities and instruments, including but not
limited to: U.S. Treasury and agency securities; asset-backed
securities and mortgage-backed securities; corporate bonds, both U.S.
and foreign; and foreign government and agency securities.
    32. DWS Strategic Income VIP--JHT Active Bond Trust: DWS Strategic
Income VIP seeks a high current return by investing mainly in bonds
issued by U.S. and foreign corporations and governments. The JHT Active
Bond Trust seeks income and capital appreciation by investing,
normally, at least 80% of its assets in a diversified mix of debt
securities and instruments, including but not limited to: U.S. Treasury
and agency securities; asset-backed securities and mortgage-backed
securities; corporate bonds, both U.S. and foreign; and foreign
government and agency securities.
    33. DWS Core Fixed Income VIP--JHT Investment Quality Bond Trust:
DWS Core Fixed Income VIP seeks high current income by investing, under
normal circumstances, at least 80% of its assets, plus the amount of
any borrowings for investment purposes, in fixed income securities. The
fixed income securities are primarily investment grade and within the
top three rating catoegories. The JHT Investment Quality Bond Trust
seeks to provide a high level of current income consistent with the
maintenance of principal and liquidity by investing, under normal
market conditions, at least 80% of the portfolio's net assets (plus any
borrowings for investment purposes) in investment-grade bonds.
    34. DWS Growth Allocation VIP--JHT Lifestyle Growth Trust: DWS
Growth Allocation VIP seeks long-term growth of capital by investing in
a portfolio of other portfolios (``underlying portfolios''). The
portfolio managers will generally allocate the portfolio's assets in
the following ranges: 20-40% in underlying portfolios which invest
primarily in fixed income securities of all credit qualities and
maturities; and 60-80% in underlying portfolios which invest primarily
in equity securities of all capitalization levels. The JHT Lifestyle
Growth Trust seeks long-term growth of capital by investing in
underlying portfolios of JHT. The portfolio invests approximately 20%
of its assets in underlying portfolios of JHT which invest primarily in
fixed income securities and approximately 80% in underlying portfolios
of JHT which invest primarily in equity securities.
    35. DWS Moderate Allocation VIP--JHT Lifestyle Balanced Trust: DWS
Moderate Allocation VIP seeks a balance of long-term growth of capital
and current income with an emphasis on growth of capital by investing
in a portfolio of other portfolios. The portfolio managers will
generally allocate the portfolio's assets in the following ranges: 25-
55% in underlying portfolios which invest primarily in fixed income
securities of all credit qualities and maturities; and 45-75% in
underlying portfolios which invest primarily in equity securities of
all capitalization levels. The JHT Lifestyle Balanced Trust seeks a
balance between a high level of current income and growth of capital,
with a greater emphasis on growth of capital by investing in underlying
portfolios of JHT. The portfolio invests approximately 40% of its
assets in underlying portfolios of JHT which invest primarily in fixed
income securities and approximately 60% in underlying portfolios of JHT
which invest primarily in equity securities.
    36. DWS Conservative Allocation VIP--JHT Lifestyle Moderate Trust:
DWS Conservative Allocation VIP seeks a balance of current income and
long-term growth of capital with an emphasis on current income by
investing in a portfolio of other portfolios. The portfolio managers
will generally allocate the portfolio's assets in the

following ranges: 45-75% in underlying portfolios which invest
primarily in fixed income securities of all credit qualities and
maturities; and 25-55% in underlying portfolios which invest primarily
in equity securities of all capitalization levels. The JHT Lifestyle
Moderate Trust seeks a balance between a high level of current income
and growth of capital, with a greater emphasis on income, by investing
in underlying portfolios of JHT. The portfolio invests approximately
60% of its assets in underlying portfolios of JHT which invest
primarily in fixed income securities and approximately 40% in
underlying portfolios of JHT which invest primarily in equity
securities.
    37. Dreyfus MidCap Stock Portfolio--JHT Mid Cap Index Trust: The
Dreyfus MidCap Stock Portfolio seeks investment results that are
greater than the total return performance of publicly traded common
stocks of medium-size domestic companies in the aggregate, as
represented by the Standard & Poor's MidCap 400 Index (``S&P 400
Index''). To pursue this goal, the portfolio normally invests at least
80% of its assets in stocks of midsize companies. The JHT Mid Cap Index
Trust seeks to approximate the aggregate total return of the S&P 400
Index. The Trust invests, under normal market conditions, at least 80%
of its net assets (plus any borrowings for investment purposes) in the
common stocks that are included in the S&P 400 Index, and securities
(which may or may not be included in the S&P 400 Index) that the sub-
adviser believes as a group will behave in a manner similar to the S&P
400 Index.
    38. DWS Mid Cap Growth VIP--JHT Quantitative Mid Cap Trust: DWS Mid
Cap Growth VIP seeks long-term capital growth by investing, under
normal circumstances, at least 80% of its assets in companies with
market caps within the market capitalization range of the Russell
MidCap Growth Index. The JHT Quantitative Mid Cap Trust seeks long-term
capital growth by investing, under normal market conditions, at least
80% of its net assets (plus any borrowings for investment purposes) in
U.S. mid-cap stocks.
    39. DWS Turner Mid Cap Growth VIP--JHT Quantitative Mid Cap Trust:
DWS Turner Mid Cap Growth VIP seeks capital appreciation by investing
in common stocks and other equity securities of U.S. companies with
medium market capitalizations. The JHT Quantitative Mid Cap Trust seeks
long-term capital growth by investing, under normal market conditions,
at least 80% of its net assets (plus any borrowings for investment
purposes) in U.S. mid-cap stocks.
    40. DWS Capital Growth VIP--JHT 500 Index Trust B: DWS Capital
Growth VIP seeks to maximize long-term capital growth by investing at
least 65% of total assets in common stocks of U.S. companies. The
portfolio generally focuses on companies similar in size to the
companies in the Standard & Poor's 500 Composite Stock Price Index or
the Russell 1000 Growth Index. The JHT 500 Index Trust B seeks to
approximate the aggregate total return of the Standard & Poor's 500
Index (``S&P 500 Index''). The Trust invests, under normal market
conditions, at least 80% of its net assets (plus any borrowings for
investment purposes) in the common stocks that are included in the S&P
500, and securities (which may or may not be included in the S&P 500
Index) that the sub-adviser believes as a group will behave in a manner
similar to the S&P 500 Index.
    41. DWS Growth and Income VIP--JHT 500 Index Trust B: DWS Growth
and Income VIP seeks long-term growth of capital, current income and
growth of income. The portfolio invests primarily in large U.S.
companies. The JHT 500 Index Trust B seeks to approximate the aggregate
total return of the S&P 500 Index. The Trust invests, under normal
market conditions, at least 80% of its net assets (plus any borrowings
for investment purposes) in the common stocks that are included in the
S&P 500, and securities (which may or may not be included in the S&P
500 Index) that the sub-adviser believes as a group will behave in a
manner similar to the S&P 500 Index.
    42. DWS International Select Equity VIP--JHT International Equity
Index Trust B: DWS International Select Equity VIP seeks capital
appreciation by investing at least 50% of its assets in securities
represented in the MSCI EAFE Index. The JHT International Equity Index
Trust B seeks to track the performance of Morgan Stanley Capital
International All Country World Excluding U.S. Index by investing,
under normal market conditions, at least 80% of its assets in
securities listed on this index.
    43. Credit Suisse Trust Emerging Markets Portfolio--JHT
International Equity Index Trust B: Credit Suisse Trust Emerging
Markets Portfolio seeks long-term growth of capital by investing at
least 80% of its net assets, plus any borrowings for investment
purposes, in foreign equity securities, with a focus on the world's
less developed countries. The JHT International Equity Index Trust B
seeks to track the performance of Morgan Stanley Capital International
All Country World Excluding U.S. Index by investing, under normal
market conditions, at least 80% of its assets in securities listed on
this index.
    44. Credit Suisse Trust Global Small Cap Portfolio--JHT
International Equity Index Trust B: Credit Suisse Trust Global Small
Cap Portfolio seeks long-term growth of capital by investing at least
80% of its net assets, plus any borrowings for investment purposes, in
equity securities of post-venture-capital companies from at least three
countries, including the U.S. The JHT International Equity Index Trust
B seeks to track the performance of Morgan Stanley Capital
International All Country World Excluding U.S. Index by investing,
under normal market conditions, at least 80% of its assets in
securities listed on this index.
    45. DWS Government & Agency Securities VIP--JHT Money Market Trust
B: DWS Government & Agency Securities VIP seeks high current income
consistent with preservation of capital by investing, under normal
circumstances, at least 80% of net assets, plus the amount of any
borrowings for investment purposes, in U.S. government securities and
repurchase agreements of U.S. government securities. The JHT Money
Market Trust B seeks maximum current income that is consistent with
maintaining liquidity and preserving capital. The trust intends to
maintain a stable $1 share price and invests only in U.S. dollar-
denominated securities rated within the two highest short-term credit
categories and their unrated equivalents.
    46. DWS Money Market VIP--JHT Money Market Trust B: DWS Money
Market VIP seeks maximum current income to the extent consistent with
stability of principal. The portfolio pursues its goal by investing
exclusively in high quality short-term securities, as well as certain
repurchase agreements that are backed by high-quality securities. The
JHT Money Market Trust B seeks maximum current income that is
consistent with maintaining liquidity and preserving capital. The trust
intends to maintain a stable $1 share price and invests only in U.S.
dollar-denominated securities rated within the two highest short-term
credit categories and their unrated equivalents.
    47. The management fees, 12b-1 fees (if applicable), other expenses
and total operating expenses for each Existing and Replacement Fund are
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Distribution        Other       Total annual       Expense       Net annual
                                                            Management     (12b-1) fees      expenses        expenses         waivers        expenses
                                                          fees (percent)     (percent)       (percent)       (percent)       (percent)       (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing Funds:
     AIM V.I. Utilities Fund--Series II.........            0.60            0.25            0.36            1.21            0.03            1.18
     DWS Blue Chip VIP Series II, Class B.......            0.65            0.25            0.19            1.09             N/A            1.09
     DWS Health Care VIP--Series I, Class B.....            0.75            0.25            0.27            1.27             N/A            1.27
     DWS Technology VIP--Series II, Class B.....            0.75            0.25            0.26            1.26             N/A            1.26
Replacement Fund:
     JHT Total Stock Market Index Trust--Series             0.49            0.25            0.04            0.78             N/A            0.78
     II.................................................
Existing Funds:
     The Dreyfus Socially Responsible Growth                0.75            0.25            0.06            1.06             N/A            1.06
     Fund, Inc.--Service Class..........................
     DWS Dreman High Return Equity VIP--Series              0.73            0.25            0.19            1.17             N/A            1.17
     II, Class B........................................
     DWS Janus Growth and Income VIP--Series II,            0.75            0.25            0.26            1.26             N/A            1.26
     Class B............................................
Replacement Fund:
     JHT Quantitative All Cap Trust--Series II..            0.71            0.25            0.06            1.02             N/A            1.02
Existing Fund:
     Alger American Leveraged AllCap Portfolio--            0.85            0.25            0.06            1.16             N/A            1.16
     Class S............................................
Replacement Fund:
     JHT All Cap Core Trust--Series II..........            0.80            0.25            0.07            1.12             N/A            1.12
Existing Fund:
     DWS Large Cap Value VIP-Series II, Class B.            0.75            0.25            0.21            1.21             N/A            1.21
Replacement Fund:
     JHT Quantitative Value Trust--Series II....            0.70            0.25            0.06            1.01             N/A            1.01
Existing Fund:
     DWS Davis Venture Value VIP-Series II,                 0.94            0.25            0.22            1.41            0.16            1.25
     Class B............................................
Replacement Fund:
     JHT Fundamental Value Trust--Series II.....            0.77            0.25            0.05            1.07             N/A            1.07
Existing Funds:
     DWS Dreman Small Cap Value--Series II,                 0.75            0.25            0.19            1.19             N/A            1.19
     Class B............................................
     DWS Small Cap Growth VIP--Series II, Class             0.65            0.25            0.22            1.12            0.03            1.09
     B..................................................
Replacement Fund:
     JHT Small Cap Index Trust--Series II.......            0.49            0.25            0.04            0.78             N/A            0.78
Existing Funds:
     Alger American Balanced Portfolio--Class S.            0.75            0.25            0.06            1.06             N/A            1.06
     DWS Balanced VIP--Series II, Class B.......            0.45            0.25            0.21            0.91            0.02            0.89
Replacement Fund:
     JHT Index Allocation Trust--Series II......            0.05            0.25            0.50            0.80             N/A            0.80
Existing Fund:
     DWS RREEF Real Estate Securities VIP--Class            0.90            0.25            0.68            1.83            0.33            1.50
     B..................................................
Replacement Fund:
     JHT Real Estate Securities Trust--Series II            0.70            0.25            0.06            1.01             N/A            1.01
Existing Fund:
     DWS International VIP Series I, Class B....            0.86            0.25            0.30            1.41            0.04            1.37
Replacement Fund:
     JHT International Value Trust Series II....            0.82            0.25            0.19            1.26             N/A            1.26
Existing Funds:
     DWS Global Thematic VIP Series II, Class B.            1.00            0.25            0.54            1.79            0.35            1.44
     DWS Global Opportunities VIP--Series I,                0.98            0.25            0.31            1.54            0.30            1.24
     Class B............................................
Replacement Fund:

     JHT Global Trust--Series II................            0.82            0.25            0.16            1.23             N/A            1.23
Existing Fund:
     DWS Bond VIP--Series I, Class B............            0.48            0.25            0.31            1.04             N/A            1.04
Replacement Fund:
     JHT Bond Index Trust--Series II............            0.47            0.25            0.05            0.77             N/A            0.77
Existing Funds:
     DWS High Income--Series II, Class B........            0.60            0.25            0.25            1.10             N/A            1.10
     DWS Strategic Income--Series II, Class B...            0.65            0.25            0.35            1.25           0.051           1.199
Replacement Fund:
     JHT Active Bond Trust--Series II...........            0.60            0.25            0.07            0.92             N/A            0.92
Existing Fund:
     DWS Core Fixed Income VIP--Series II, Class            0.60            0.25            0.22            1.07             N/A            1.07
     B..................................................
Replacement Fund:
     JHT Investment Quality Bond Trust--Series              0.60            0.25            0.09            0.94             N/A            0.94
     II.................................................
Existing Fund:
     DWS Growth Allocation VIP--Series II, Class            0.15            0.25            0.94            1.34             N/A            1.34
     B..................................................
Replacement Fund:
     JHT Lifestyle Growth Trust--Series II......            0.05            0.25            0.89            1.19             N/A            1.19
Existing Fund:
     DWS Moderate Allocation VIP--Series II,                0.15            0.25            0.91            1.31             N/A            1.31
     Class B............................................
Replacement Fund:
     JHT Lifestyle Balanced Trust--Series II....            0.05            0.25            0.86            1.16             N/A            1.16
Existing Fund:
     DWS Conservative Allocation VIP--Series II,            0.15            0.25            1.20            1.60             N/A            1.60
     Class B............................................
Replacement Fund:
     JHT Lifestyle Moderate Trust--Series II....            0.05            0.25            0.81            1.11             N/A            1.11
Existing Fund:
     Dreyfus MidCap Stock Portfolio--Service                0.75            0.25            0.04            1.04             N/A            1.04
     Class..............................................
Replacement Fund:
     JHT MidCap Index Trust--Series II..........            0.49            0.25            0.04            0.78             N/A            0.78
Existing Funds:
     DWS Mid Cap Growth VIP--Series II, Class B.            0.75            0.25            0.40            1.40           0.092           1.308
     DWS Turner Mid Cap Growth VIP--Series II,              0.80            0.25            0.31            1.36           0.023           1.337
     Class B............................................
Replacement Fund:
     JHT Quantitative Mid Cap Trust--Series II..            0.74            0.25            0.10            1.09             N/A            1.09
Existing Funds:
     DWS Capital Growth VIP--Series I, Class B..            0.45            0.25            0.19            0.89            0.03            0.86
     DWS Growth and Income VIP--Series I, Class             0.47            0.25            0.24            0.96            0.07            0.89
     B..................................................
Replacement Fund:
     JHT 500 Index Trust B......................            0.47            0.00            0.03            0.50            0.25            0.25
Existing Funds:
     DWS International Select Equity VIP--Series            0.75            0.25            0.26            1.26             N/A            1.26
     II, Class B........................................
     Credit Suisse Trust Emerging Markets                   1.25            0.00            0.40            1.65             N/A            1.65
     Portfolio..........................................
     Credit Suisse Trust Global Small Cap                   1.25            0.00            0.34            1.59             N/A            1.59
     Portfolio..........................................
Replacement Fund:
     JHT International Equity Index Trust B.....            0.55            0.00            0.04            0.59            0.25            0.34
Existing Funds:
     DWS Government & Agency Securities VIP--               0.55            0.25            0.22            1.02             N/A            1.02
     Series II, Class B.................................
     DWS Money Market VIP--Series II, Class B...            0.46            0.25            0.18            0.89             N/A            0.89

Replacement Fund:
     JHT Money Market Trust B...................            0.49            0.00            0.04            0.53            0.25            0.28
--------------------------------------------------------------------------------------------------------------------------------------------------------

    48. The substitutions are expected to provide significant benefits
to Contract owners, including improved selection of portfolio managers
and simplification of fund offerings through the elimination of
overlapping offerings. The Applicants believe that the subadvisers to
the Replacement Funds overall are better positioned to provide
consistent above-average performance for their Funds than are the
advisers or sub-advisers of the Existing Funds. At the same time,
Contract owners will continue to be able to select among a large number
of funds, with a full range of investment objectives, investment
strategies, and managers.
    49. The substitutions, each of which replaces outside funds with
funds for which JHIMS acts as investment adviser, will permit JHIMS,
under a Multi-Manager Order to hire, monitor and replace sub-advisers
as necessary to seek optimal performance and to ensure a consistent
investment style. JHT has been subject to the Multi-Manager Order since
2000.
    50. In addition, Contract owners with Subaccount balances invested
in shares of the Replacement Funds will, in every case, have lower
total expense ratios than they currently have in the Existing Funds. In
each case, the Total Expenses of the Replacement Funds (even without
applicable fee waivers) are lower than those of the Existing Funds with
their fee waivers. For Contract owners with account balances in funds
involved in the substitutions, the substitutions are therefore expected
to result in decreased expense ratios. Moreover, there will be no
increase in Contract fees and expenses, including mortality and expense
risk fees and administration and distribution fees charged to the
Separate Accounts as a result of the substitutions. The Applicants
believe that the Replacement Funds have investment objectives, policies
and risk profiles, as described herein, that are either substantially
the same as, or sufficiently similar to, the corresponding Existing
Funds to make those Replacement Funds appropriate candidates as
substitutes. The Insurance Companies considered the performance history
of the Existing Funds and the Replacement Funds and determined that
Contract owners would not be materially adversely affected as a result
of the substitutions.
    51. Applicants represent that relieving the Separate Accounts of
the administrative burdens of interfacing with several unaffiliated
investment company complexes is expected to simplify compliance,
accounting and auditing and, generally, to allow the Insurance
Companies to administer the Contracts more efficiently.
    52. In addition, as a result of the substitutions, neither JHIMS
nor any of its affiliates will receive increased amounts of
compensation from the charges to the Separate Accounts related to the
Contracts or from Rule 12b-1 fees or revenue sharing currently received
from the investment advisers or distributors of the Existing Funds.

Applicants' Legal Analysis and Conditions

    1. The prospectuses by which the Contracts are offered state that
the Insurance Companies have, subject to the requirements of the Act,
the right to substitute the shares of any underlying registered
investment company held by the Separate Accounts with shares of another
registered investment company.
    2. The Contracts expressly reserve to the applicable Insurance
Company the right, subject to compliance with applicable law, to
substitute shares of another investment company for shares of an
investment company held by a sub-account of the Separate Accounts. The
prospectuses for the Contracts and the Separate Accounts contain
appropriate disclosure of this right.
    3. With respect to each proposed substitution, Contract owners with
balances invested in the Replacement Fund will have a lower expense
ratio in all cases.
    4. The proposed Replacement Fund for each Existing Fund has an
investment objective that is at least substantially similar to that of
the Existing Fund. Moreover, the principal investment policies of the
Replacement Funds are similar to those of the corresponding Existing
Funds.
    5. By a supplement to the prospectuses for the Contracts and the
Separate Accounts, each Insurance Company has notified all owners of
the Contracts of its intention to take the necessary actions, including
seeking the order requested by this application, to substitute shares
of the funds as described herein. The supplement advises Contract
owners that from the date of the supplement until the date of the
proposed substitution, owners may make transfers of Contract value (or
annuity unit exchange) out of the Existing Fund Subaccount to another
Subaccount permitted under their respective Contracts without the
transfer (or exchange) being treated as one of a limited number of
permitted transfers (or exchanges) or a limited number of transfers (or
exchanges) permitted without a transfer charge. The supplement also
informs Contract owners that the Insurance Company will not exercise
any rights reserved under any Contract to impose additional
restrictions on transfers until at least 30 days after the proposed
substitutions, except that the Insurance Companies may impose
restrictions on transfers to prevent or limit ``market timing''
activities by Contract owners or agents of Contract owners. The
supplement also advises Contract owners that for at least 30 days
following the proposed substitutions, the Insurance Companies will
allow Contract owners affected by the substitutions to make transfers
of Contract value (or annuity unit exchange) out of the Replacement
Fund Subaccount to another Subaccount permitted under their respective
Contracts without the transfer (or exchange) being treated as one of a
limited number of permitted transfers (or exchanges) or a limited
number of transfers (or exchanges) permitted without a transfer charge.
    6. The proposed substitutions will take place at relative net asset
value in conformity with the requirements of Section 22(c) of the Act
and Rule 22c-1 thereunder with no change in the amount of any Contract
owner's Contract value, cash value, or death benefit or in the dollar
value of his or her investment in the Separate Accounts.
    7. It is expected that the substitutions will be effected by
redeeming shares of an Existing Fund for cash and using the cash to
purchase shares of the Replacement Fund.
    8. Contract owners will not incur any fees or charges as a result
of the proposed substitutions, nor will their rights or an Insurance
Company's obligations under the Contracts be altered in any way. The
substitutions will not alter in any way the annuity or

other insurance benefits held by Contract owners of the Contracts. All
expenses incurred in connection with the proposed substitutions,
including brokerage, legal, accounting, and other fees and expenses,
will be paid by the Insurance Companies. In addition, the proposed
substitutions will not impose any tax liability on Contract owners. The
proposed substitutions will not cause the Contract fees and charges
currently being paid by existing Contract owners to be greater after
the proposed substitutions than before the proposed substitutions. No
fees will be charged on the transfers made at the time of the proposed
substitutions because the proposed substitutions will not be treated as
a transfer for the purpose of assessing transfer charges or for
determining the number of remaining permissible transfers in a Contract
year.
    9. In addition to the prospectus supplements distributed to owners
of Contracts, within five business days after the proposed
substitutions, Contract owners will be sent a written notice informing
them that the substitutions were carried out and that they may transfer
all Contract value or cash value under a Contract invested in any one
of the Subaccounts on the date of the notice to another Subaccount
available under their Contract at no cost and without regard to the
usual limit on the frequency of transfers from the variable account
options to the fixed account options. The notice will also reiterate
that (other than with respect to ``market timing'' activity) the
Insurance Company will not exercise any rights reserved by it under the
Contracts to impose additional restrictions on transfers or to impose
any charges on transfers until at least 30 days after the proposed
substitutions. The Insurance Companies will also send each Contract
owner current prospectuses for the Replacement Funds involved.
    10. Each Insurance Company may also seek approval of the proposed
substitutions from any state insurance regulators whose approval may be
necessary or appropriate.
    11. For a two year period following the date of the Substitutions,
the Applicants agree that the total operating expenses of each
Replacement Fund (taking into account any expense waiver or
reimbursement) will not exceed on an annualized basis the net expense
level of the corresponding Existing Fund for the 2005 fiscal year.
    12. The Applicants agree that the Insurance Companies will not
increase total separate account charges (net of any reimbursements or
waivers) for any outstanding Contracts involved in the proposed
substitution on the date of the substitutions for a period of two years
from the date of the substitutions. Applicants and the Insurance
Companies may, however, offer additional benefits through one or more
Benefit Riders to owners of such Contracts during such two year period
and impose additional separate account charges related to the purchase
of any such additional benefits.
    13. Applicants represent that none of the Replacement Funds was
established for the purpose of effecting the substitutions.

Conclusion

    For the reasons and upon the facts set forth above, Applicants
submit that the requested order meets the standards set forth in
Section 26(c). Applicants request an order of the Commission, pursuant
to Section 26(c) of the Act, approving the Substitutions.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-5315 Filed 3-22-07; 8:45 am]

BILLING CODE 8010-01-P