[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79047-79049]
[FR Doc No: 2015-31824]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-E-0474]

Determination of Regulatory Review Period for Purposes of Patent
Extension; XTANDI

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for XTANDI and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of an application to the Director of the U.S.
Patent and Trademark Office (USPTO), Department of Commerce, for the
extension of a patent which claims that human drug product.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by
February 16, 2016. Furthermore, any interested person may petition FDA
for a determination regarding whether the applicant for extension acted
with due diligence during the regulatory review period by

June 15, 2016. See ``Petitions'' in the SUPPLEMENTARY INFORMATION
section for more information.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-E-0474 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; XTANDI.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at http://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product XTANDI
(enzalutamide). XTANDI is indicated for the treatment of patients with
metastatic castration-resistant prostate cancer who have previously
received docetaxel. Subsequent to this approval, the USPTO received a
patent term restoration application for XTANDI (U.S. Patent No.
8,183,274) from The Regents of the University of California, and the
USPTO requested FDA's assistance in determining this patent's
eligibility for patent term restoration. In a letter dated July 16,
2013, FDA advised the USPTO that this human drug product had undergone
a regulatory review period and that the approval of XTANDI represented
the first permitted commercial marketing or use of the product.
Thereafter, the USPTO requested that FDA determine the product's
regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
XTANDI is 1,892 days. Of this time, 1,790 days occurred during the
testing phase of the regulatory review period, while 102 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became
effective: June 29, 2007. FDA has verified the applicant's claim that
the date the investigational new drug application became effective was
on June 29, 2007.

    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: May 22,
2012. FDA has verified the applicant's claim that the new drug
application (NDA) for XTANDI (NDA 203-415) was initially submitted on
May 22, 2012.
    3. The date the application was approved: August 31, 2012. FDA has
verified the applicant's claim that NDA 203-415 was approved on August
31, 2012.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 101 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and ask for
a redetermination (see DATES). Furthermore, any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must be timely (see DATES) and contain
sufficient facts to merit an FDA investigation. (See H. Rept. 857, part
1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the
format specified in 21 CFR 10.30.
    Submit petitions electronically to http://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Division of Dockets Management (HFA-305), Food and
Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
Petitions that have not been made publicly available on http://www.regulations.gov may be viewed in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: December 14, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-31824 Filed 12-17-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: July 3, 2006 (Volume 71, Number 127)]
[Notices]
[Page 37931-37933]
[DOCID:fr03jy06-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

June 26, 2006.
    Take notice that the Commission received the following electric
rate filings.
    Docket Numbers: ER91-569-033.
    Applicants: Entergy Services Inc.
    Description: Entergy Services, Inc on behalf of Entergy Arkansas,
Inc et al. submits a non-material change in status pursuant to
requirements of Order 652.
    Filed Date: 6/20/2006.
    Accession Number: 20060623-0049.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 11, 2006.

    Docket Numbers: ER96-496-015; ER99-14-012; ER99-4463-006.
    Applicants: Northeast Utilities Service Company.
    Description: Northeast Utilities submits certain notifications to
the Commission to reflect the acquisition by Hess Corp of the
competitive retail businesses operated by Northeast Utilities
Enterprise, Inc's subsidiaries.
    Filed Date: 6/20/2006.
    Accession Number: 20060623-0039.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 11, 2006.

    Docket Numbers: ER97-2153-015; ER02-556-007; ER00-2181-003.
    Applicants: Amerada Hess Corporation; Select Energy New York, Inc.;
Hess Energy, Inc.
    Description: Select Energy New York, Inc et al. submits a notice of
non-material change in status.
    Filed Date: 6/20/2006.
    Accession Number: 20060623-0045.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 11, 2006.

    Docket Numbers: ER05-1089-003.
    Applicants: Wisconsin Public Service Corporation.
    Description: Wisconsin Public Service Corp submits a settlement
payment report in compliance with the Commission's 6/2/06 order.
    Filed Date: 6/19/2006.
    Accession Number: 20060619-5023.
    Comment Date: 5 p.m. Eastern Time on Monday, July 10, 2006.

    Docket Numbers: ER05-1508-002.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits its Large Generator Interconnection Agreement with Power
Partners Midwest, LLC and Interstate Power and Light Company.
    Filed Date: 6/21/2006.
    Accession Number: 20060623-0056.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 12, 2006.

    Docket Numbers: ER06-255-003.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits a Large Generator Interconnection Agreement with FirstEnergy
Generation Corp and American Transmission System, Inc.
    Filed Date: 6/21/2006.
    Accession Number: 20060623-0057.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 12, 2006.

    Docket Numbers: ER06-714-001.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator, Inc

submits its Large Generator Interconnection Agreement with FirstEnergy
Nuclear Operating Company and American Transmission System, Inc.
    Filed Date: 6/21/2006.
    Accession Number: 20060623-0040.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 12, 2006.

    Docket Numbers: ER06-836-001.
    Applicants: Pacific Gas & Electric Company.
    Description: Pacific Gas and Electric Co submits a supplement to
its 4/4/06 filing of Supplemental Balancing Account Revisions.
    Filed Date: 6/22/2006.
    Accession Number: 20060623-0085.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 13, 2006.

    Docket Numbers: ER06-1046-002.
    Applicants: Western Kentucky Energy Corp.; LG&E Energy Marketing
Inc.; Louisville Gas & Electric Company; Kentucky Utilities Company.
    Description: LG&E Energy Marketing, Inc et al. submit updated
information to inform FERC of certain recent developments in a
proceeding pending before the Kentucky Public Service Commission etc.
    Filed Date: 6/21/2006.
    Accession Number: 20060623-0051.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 12, 2006.

    Docket Numbers: ER06-1055-001.
    Applicants: Newmont Nevada Energy Investment, LLC.
    Description: Newmont Nevada Energy Investment LLC submits revised
tariff sheets to its Electric Tariff, Original Volume 1.
    Filed Date: 6/21/2006.
    Accession Number: 20060623-0047.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 12, 2006.

    Docket Numbers: ER06-1098-001.
    Applicants: JJR Power LLC.
    Description: JJR Power LLC submits an amended Petition of
Acceptance of Initial Tariff, Waiver and Blanket Authority.
    Filed Date: 6/21/2006.
    Accession Number: 20060623-0041.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 12, 2006.

    Docket Numbers: ER06-1163-000.
    Applicants: American Electric Power Service Corporation.
    Description: The American Electric Power Service Corp, on behalf of
Ohio Power Co et al submits an interconnection agreement with Duke
Energy.
    Filed Date: 6/21/2006.
    Accession Number: 20060623-0042.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 12, 2006.

    Docket Numbers: ER06-1164-000.
    Applicants: New York State Electric & Gas Corporation.
    Description: New York State Electric & Gas Corp submits a
supplement to Rate Schedule 200--Facilities Agreement with New York
Power Authority.
    Filed Date: 6/19/2006.
    Accession Number: 20060623-0048.
    Comment Date: 5 p.m. Eastern Time on Monday, July 10, 2006.

    Docket Numbers: ER06-1165-000.
    Applicants: Southern Company Services, Inc.
    Description: Southern Company Services, Inc on behalf Alabama Power
Co et al submits Revision 3 to the Agreement for Network Integration
Transmission Service for Tennessee Valley Authority.
    Filed Date: 6/22/2006.
    Accession Number: 20060623-0052.
    Comment Date: 5 p.m. Eastern Time on Thursday, July 13, 2006.

    Docket Numbers: ER06-1166-000.
    Applicants: Liberty Power Nevada LLC.
    Description: Liberty Power Nevada, LLC submits its petition for
acceptance of initial rate schedule (FERC Electric Rate Schedule No.
1), waivers and blanket authority.
    Filed Date: 6/22/2006.
    Accession Number: 20060626-0163.
    Comment Date: 5 p.m. Eastern Time on Monday, July 3, 2006.

    Docket Numbers: ER06-1167-000.
    Applicants: Liberty Power New Hampshire LLC.
    Description: Liberty Power New Hampshire, LLC submits a petition
for acceptance of its initial rate schedule (FERC Electric Rate
Schedule No. 1), waivers and blanket authority.
    Filed Date: 6/22/2006.
    Accession Number: 20060626-0161.
    Comment Date: 5 p.m. Eastern Time on Monday, July 3, 2006.

    Docket Numbers: ER06-1168-000.
    Applicants: Liberty Power Pennsylvania LLC.
    Description: Liberty Power Pennsylvania, LLC submits a petition of
its initial rate schedule (FERC Electric Rate Schedule 1), waivers and
blanket authority.
    Filed Date: 6/22/2006.
    Accession Number: 20060626-0162.
    Comment Date: 5 p.m. Eastern Time on Monday, July 3, 2006.

    Docket Numbers: ER06-1169-000.
    Applicants: Moses Lake Generating LLC.
    Description: Moses Lake Generating, LLC submits a notice of
cancellation of its market-based rate tariff, FERC Electric Tariff,
Original Volume No. 1.
    Filed Date: 6/23/2006.
    Accession Number: 20060626-0149.
    Comment Date: 5 p.m. Eastern Time on Friday, July 14, 2006.

    Docket Numbers: ER06-1170-000.
    Applicants: Liberty Power Ohio LLC.
    Description: Liberty Power Ohio, LLC submits a petition for
acceptance of its initial rate schedule (FERC Electric Rate Schedule 1)
waivers and blanket authority.
    Filed Date: 6/22/2006.
    Accession Number: 20060626-0150.
    Comment Date: 5 p.m. Eastern Time on Monday, July 3, 2006.

    Docket Numbers: ER06-1171-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Co submits an
Interconnection Facilities Study Agreement with the Nevada Hydro Co
Inc.
    Filed Date: 6/23/2006.
    Accession Number: 20060626-0158.
    Comment Date: 5 p.m. Eastern Time on Friday, July 14, 2006.

    Docket Numbers: ER06-1172-000.
    Applicants: Liberty Power California LLP.
    Description: Liberty Power California, LLP submits a petition for
acceptance of its initial rate schedule (FERC Electric Rate Schedule
1), waivers and blanket authority.
    Filed Date: 6/23/2006.
    Accession Number: 20060626-0160.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 5, 2006.

    Docket Numbers: ER06-1173-000.
    Applicants: Liberty Power Connecticut LLP.
    Description: Liberty Power Connecticut, LLP submits a petition for
acceptance of its initial rate schedule (FERC Electric Tariff 1),
waivers and blanket authority.
    Filed Date: 6/23/2006.
    Accession Number: 20060626-0159.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 5, 2006.

    Docket Numbers: ER06-1174-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits
revised tariff to reinstate inadvertently delete language needed to
determine sanctions for failure to meet ICAP Bidding requirements.
    Filed Date: 6/23/2006.
    Accession Number: 20060626-0146.
    Comment Date: 5 p.m. Eastern Time on Friday, July 14, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of

Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m.
Eastern time on the specified comment date. It is not necessary to
separately intervene again in a subdocket related to a compliance
filing if you have previously intervened in the same docket. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Anyone filing a motion to intervene or protest must
serve a copy of that document on the Applicant. In reference to filings
initiating a new proceeding, interventions or protests submitted on or
before the comment deadline need not be served on persons other than
the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-10328 Filed 6-30-06; 8:45 am]

BILLING CODE 6717-01-P


BIODEGRADATION (BOD)

TEST SUBSTANCE Identity: Perfluorooctanoic acid; may also be referred to as PFOA, FC26 or FX 1001 . (Octanoic acid, pentadecafluoro, CAS # 335 67 1 )

Remarks: The 3M production lot number was not noted. The test sample is FX 1001. It's purity was not sufficiently characterized, though current information indicates it is a mixture of 95  98% test substance and 1  5% perfluorochemical inerts.

METHOD:

Method: Not noted. Type: Aerobic GLP: No Year completed: 1985 Contact time: 20 days Inoculum: Sewage/ 3M Chemolite industrial wastewater treatment plant, Cottage Grove, MN RESULTS Chemical Oxygen Demand (COD): 2650 mg/ kg* Biochemical Oxygen Demand (carbonaceous BOD): 5 Day: ~1800 mg/ kg 1 O Day: <I 9,000 mg/ kg 20 Day: <I 9,300 mg/ kg .* Average of two values. This piece of data comes from a summary only. No raw data was found. It was noted that this value was determined by dichromate reflux.

CONCLUSIONS No reliable conclusions can be derived from this study.

Submitter: 3M Company, Environmental Laboratory, P. O. Box 33331, St. Paul, Minnesota, 55133 DATA QUALITY Reliability: Klimisch ranking 3. There is, no information on the purity of the substance. There is no analytical to confirm test substance concentration. pH was not noted. Seed does not appear to be sufficiently active. The study indicates a neutralization step was used, but no description of that activity is noted on the data sheets. This step is `requested on the computer generated Archived Final Report for Lab Request No. C1006.

REFERENCES The COD and BOD studies were conducted by 3M Company, , Environmental Laboratory, St. Paul, Minnesota, Lab Request number Cl 006, 2/ 14/ 85.

OTHER .

Last changed: 5/ 24/ 00 .~... 05/ 22/ 2000 ENVIRONMENTAL LABORATORY 1 ARCHIVED FINAL REPORT LAB REQUEST NO. Cl006 CONTRACT LAB( S): REQUESTOR NAME: EARIMTE EXP COMP DATE: 02/ 18/ 1985 DEPARTMENT: 0535 DATE COMPLETED: 02/ 14/ 1985 PROJECT NO: 9970012600 PROJECT LEAD: ST WOLF DATE RECEIVED: 01/ 03/ 1985 PHONE NO: 651 778 4048 DESC: ENVIROMENTAL SCREENS ON FX lOOl( FC 26) 3M FAX NO: 651 778 6176 NEUTRALIZE PRODUCT WITH NAOH PRIOR TO BOD + FISH TEST. DILUTE IN WATER PRIOR TO NEUTRALIZING CAREFULLY.

_______________

SAMPLE DATE CODE DESCRIPTION RESULT MDL or (95% Q. 1.) _____________________________________

1 ACID FX 1001 96 HR LC50 FISH ACUTE TEST  96 HOUR COMPLETE .

C BOD 05 BOD 05 (CARBONACEOUS) SEE ATTACHED REPORT C BOD 10 BOD 10 (CARBONACEOUS) SEE ATTACHED REPORT C BOD 20 BOD 20 (CARBONACEOUS) SEE ATTACHED REPORT COD RFX COD (DICHROMATE REFLUX) 2 7 0 0 MG/ KG 2 D U P 1 COD RFX COD (DICHROMATE REFLUX) 2600 MGiKG Enter Carriage Return to continue: Aal Laboratory BOO Work Shad. .awohg uld mmdud8 .A PWO .

)O Run No. ) 9 t 3 N , /JO y of SunpI@ dllutod to /ooL) ml wlth Dt w@ or c (Duuuon feetof  I if undltutod) I . . _ . .    .


[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 29099-29100]
[FR Doc No: 2015-12244]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2015-0008]

OSHA Training Institute (OTI) Education Center Prerequisite
Verification Form; Request Office of Management and Budget's (OMB)
Approval of Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal for
completion of a Prerequisite Verification Form for applicants
requesting enrollment in Outreach Training Program trainer courses to
become an authorized Outreach Training Program trainer and the Office
of Management and Budget's (OMB) approval of the information collection
requirements specified in the Outreach Training Program Requirements
(dated February 2013).

DATES: Comments must be submitted (postmarked, sent, or received) by
July 20, 2015.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit your comments and attachments
to the OSHA Docket Office, Docket No. OSHA-2015-0008, Occupational
Safety and Health Administration, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue NW., Washington, DC 20210. Deliveries
(hand, express mail, messenger, and courier service) are accepted
during the Department of Labor's and Docket Office's normal business
hours, 8:15 a.m. to 4:45 p.m., E.T.
    Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2015-0008) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork

and respondent (i.e., employer) burden, conducts a preclearance
consultation program to provide the public with an opportunity to
comment on proposed and continuing information collection requirements
in accord with the Paperwork Reduction Act of 1995 (PRA-95) (44 U.S.C.
3506(c)(2)(A)). This program ensures that information is in the desired
format, reporting burden (time and costs) is minimal, collection
instruments are clearly understood, and OSHA's estimate of the
information collection burden is accurate. The Occupational Safety and
Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by the OSHA Training Institute's (OTI) Education
Centers as necessary or appropriate to determine whether an applicant
meets the prerequisite requirements for education and safety- related
experience to become an authorized Outreach Training Program trainer.
    The information collection requirements in the Outreach Training
Program Requirements (dated February 2013) provide OTI Education
Centers with the ability to determine the training and occupational
safety and health experience of an applicant to become an authorized
Outreach Training Program trainer to conduct the 10- and 30-hour
Outreach Training Program classes for construction, general industry,
and maritime, and the disaster site worker class.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on applicants who apply to
become authorized Outreach Training Program trainers; for example, by
using automated or other technological information collection and
transmission techniques.

III. Proposed Actions

    The Agency is requesting approval of the OTI Education Center
Prerequisite Verification Form. The information collected in the
Prerequisite Verification Form will be used by the OTI Education
Centers to determine whether an applicant has met the prerequisite
requirements of training and occupational safety and health-related
experience to become an authorized Outreach Training Program trainer.
Collecting this information prior to allowing an applicant to enroll in
the Outreach Training Program trainer courses and become an authorized
Outreach Training Program trainer ensures the validity of the Outreach
Training Program and reduces the potential for individuals who are
inexperienced in the occupational safety and health profession from
conducting training through the Outreach Training Program. The
Prerequisite Verification Form is provided to all applicants wishing to
enroll in the Outreach Training Program trainer courses prior to their
enrollment. Applicants are required to have five (5) years of
occupational safety and health experience in the construction industry,
general industry, or the maritime industry and to have completed the
required OSHA standards course prior to their enrollment in the
Outreach Training Program trainer course. Upon successful completion of
the Outreach Training Program trainer course the applicant is
authorized to conduct 10- and 30-hour Outreach Training Program classes
in construction, general industry, or maritime, or disaster site worker
classes and to provide students with Outreach Training Program class
completion cards.
    Type of Review: New.
    Title: OSHA Training Institute (OTI) Education Center Prerequisite
Verification Form.
    OMB Control Number: 1218-0NEW.
    Affected Public: Individuals.
    Number of Respondents: 7,535 average per year.
    Frequency of Response: Once.
    Total Responses: 7,535 average per year.
    Average Time per Response: Applicants--1 hour, OTI Education
Centers--0.5 hour
    Estimated Total Burden Hours: Applicants--7,535 hours per year, OTI
Education Centers--3,772 hours per year, Total--11,307 hours per year.
    Estimated Cost (Operation and Maintenance): Applicants--$250,162,
OTI Education Centers--$109,962, Total: $360,124.

IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile; or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for this ICR (Docket No. OSHA-2015-0008).
You may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and docket number so the Agency can attach them to
your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as their social security number
and date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on May 15, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-12244 Filed 5-19-15; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: November 25, 2005 (Volume 70, Number 226)]
[Notices]
[Page 71129-71130]
[DOCID:fr25no05-74]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments

November 18, 2005.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12612-000.
    c. Date filed: September 15, 2005.
    d. Applicant: Tacoma Power.
    e. Name of Project: Narrows Tidal Energy Project.
    f. Location: The project would be located in the southern portion
of Puget Sound, an inland marine waterway of the northern Pacific
Ocean, Pierce County, Washington. The project would not occupy Federal
or tribal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Ted Beatty, Power Management, City of
Tacoma, Department of Public Utilities, Light Division, (dba) Tacoma
Power, 3628 South 35th Street, Tacoma, WA 98409-319,<PHONE_NUMBER>.
    i. FERC Contact: Patricia W. Gillis at<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.

    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed tidal energy project would
consist of: (1) Units resembling windmills with slow-moving blades,
using tidal flow on a vertical shaft with blades, with hour-glass-
shaped generators that use pressure differential to move turbines,
having installed capacity ranging from 90 to 750 kilowatts, and placed
deep enough in the Tacoma Narrows to allow unencumbered marine traffic;
(2) a proposed 115-kilovolt transmission line; and (3) appurtenant
facilities. The proposed project would be connected to Tacoma Power's
existing transmission system.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
h. above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    o. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. Any of the above-named documents must be filed
by providing the original and the number of copies provided by the
Commission's regulations to: The Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    t. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6494 Filed 11-23-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Pages 24249-24257]
[FR Doc No: 2013-09633]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-30468; File No. 812-14063]

Lincoln National Life Insurance Company, et al; Notice of
Application

April 18, 2013
AGENCY: Securities and Exchange Commission (``SEC'' or ``Commission'').

ACTION: Notice of application for an order approving the substitution
of certain securities pursuant to Section 26(c) of the Investment
Company Act of 1940, as amended (the ``1940 Act'' or ``Act'') and an
order of exemption pursuant to Section 17(b) of the Act from Section
17(a) of the Act.

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

APPLICANTS: Lincoln National Life Insurance Company (``Lincoln Life''),
Lincoln National Variable Annuity Account C, Lincoln National Variable
Annuity Account L, Lincoln Life Variable Annuity Account N, and Lincoln
Life Variable Annuity Account Q, (the ``Lincoln Life Separate
Accounts'') and Lincoln Life & Annuity Company of New York (``LNY''),
Lincoln Life & Annuity Variable Annuity Account L, and Lincoln New York
Account N for Variable Annuities (the ``LNY Separate Accounts,'' and
together with the Lincoln Life Separate Accounts, the ``Separate
Accounts'') (collectively, the ``Section 26 Applicants''). The Section
26 Applicants and the Lincoln Variable Insurance Products Trust (the
``Trust'') (which is a registered investment company that is an
affiliate of the Section 26 Applicants) are collectively referred to in
this notice as the ``Section 17 Applicants.'' Lincoln Life and LNY are
also referred to as the ``Insurance Companies.''
SUMMARY OF APPLICATION: The Section 26 Applicants seek an order
pursuant to Section 26(c) of the 1940 Act, approving the substitution
of certain shares of the Trust for shares of other registered
investment companies unaffiliated with the Section 26 Applicants (the
``Substitutions'') each of which is currently used as an underlying
investment option for certain variable annuity contracts (collectively,
the ``Contracts''). The Section 17 Applicants seek an order pursuant to
Section 17(b) of the 1940 Act exempting them from Section 17(a) of the
Act to the extent necessary to permit them to engage in certain in-kind
transactions (``In-Kind Transfers'') in connection with the
Substitutions.

FILING DATE: The application was filed on July 25, 2012, and amended
and restated applications were filed on November 14, 2012, March 5,
2013, and April 16, 2013.

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 the Applicants with a copy of the request,
personally or by mail. Hearing requests should be received by the
Commission by 5:30 p.m. on May 13, 2013, and should be accompanied by
proof of service on the 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, SEC, 100 F Street NE., Washington, DC 20549-1090.
Applicants: Lincoln National Life Insurance Company, Lincoln National
Variable Annuity Account C, Lincoln National Variable Annuity Account
L, Lincoln Life Variable Annuity Account N, Lincoln Life Variable
Annuity Account Q, and Lincoln Variable Insurance Products Trust, 1300
South Clinton Street, Fort Wayne, IN 46802; Lincoln Life & Annuity
Company of New York, Lincoln Life & Annuity Variable Annuity Account L,
and Lincoln New York Account N for Variable Annuities, 100 Madison
Street, Suite 1860, Syracuse, NY 13202.

FOR FURTHER INFORMATION CONTACT: Alberto H. Zapata, Senior Counsel, or
Joyce M. Pickholz, Branch Chief, Insured Investments Office, Division
of Investment Management, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application

may be obtained via the Commission's Web site by searching for the file
number, or for an applicant using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Lincoln Life is the depositor and sponsor of the Lincoln Life
Separate Accounts. LNY is the depositor and sponsor of the LNY Separate
Accounts.
    2. Each of the Separate Accounts is a registered unit investment
trust used to issue one or more Contracts issued by the Insurance
Companies. Each Separate Account is divided into sub-accounts, each of
which invests in the securities of a single underlying mutual fund. The
application sets forth the registration statement file numbers for the
Contracts and the Separate Accounts.
    3. The Trust is organized as a Delaware statutory trust. It is
registered as an open-end management investment company under the 1940
Act and its shares are registered under the Securities Act of 1933, on
Form N-1A (see File Nos. 811-08090 and 033-70742). The Trust is a
series investment company and currently offers sixty-four separate
series (each a ``Trust Fund''), six of which are involved in the
proposed Substitutions (the ``Replacement Funds'').
    4. Lincoln Investment Advisors Corporation (``LIAC''), a Delaware
corporation and investment adviser registered under the Investment
Advisers Act of 1940 currently serves as investment adviser to each of
the Trust Funds.
    5. The Trust received an exemptive order from the Commission (In
the Matter of Lincoln Investment Advisors Corporation, et al., Inv. Co.
Rel. No. 29197 (Mar. 31, 2010) File No. 812-13732) (the ``Manager of
Managers Order'') that permits LIAC, subject to certain conditions,
including approval of the Trust's Board of Trustees, and without the
approval of shareholders, to: (i) Select a new Subadviser or additional
Subadviser for each Trust Fund; (ii) terminate any existing Subadviser
and/or replace the Subadviser; (iii) enter into new sub-advisory
agreements and/or materially modify the terms of, or terminate, any
existing sub-advisory agreement; and (iv) allocate and reallocate a
Trust Fund's assets among one or more Subadvisers.
    6. Shares of the Trust are continuously distributed and
underwritten by Lincoln Financial Distributors, Inc., an affiliate of
the Trust and the Section 26 Applicants. Lincoln Life, also an
affiliate of the Trust and the Section 26 Applicants, serves as
administrator to the Trust.
    7. The Contracts can be issued as individual or group contracts.
Contract owners and participants in group contracts (each a ``Contract
Owner'') may allocate some or all of their Contract value to one or
more sub-accounts available as investment options under the Contract.
Additionally, the Contract Owner may, if provided for under the
Contract, allocate some or all of their Contract value to a fixed
account and/or guaranteed term option, both of which are supported by
the assets of Lincoln Life's general account.
    8. Each Contract's prospectus contains provisions reserving the
Insurance Company's right to substitute shares of one underlying mutual
fund for shares of another underlying mutual fund already purchased or
to be purchased in the future if either of the following occurs: ``(i)
shares of a current underlying mutual fund are no longer available for
investment by the Separate Account; or (ii) in the judgment of the
Insurance Company's management, further investment in such underlying
mutual fund is inappropriate in view of the purposes of the Contract.''
All of the Replacement Funds that correspond to the Existing Funds are
currently available as underlying investment options in the Contracts.
    9. The Section 26 Applicants request an order from the Commission
pursuant to Section 26(c) of the 1940 Act approving the proposed
Substitutions of shares of the following series of the Trust, the
Replacement Funds, for shares of the corresponding third party,
unaffiliated underlying mutual funds, the Existing Funds, as shown in
the following table:

------------------------------------------------------------------------
           Existing funds                     Replacement funds
------------------------------------------------------------------------
AllianceBernstein Variable Products  Lincoln Variable Products Trust--
 Series Fund--AllianceBernstein VPS   LVIP SSgA S&P 500 Index Fund:
 Growth and Income Portfolio:
    Class A........................    Standard Class
    Class B........................    Service Class
AllianceBernstein Variable Products  Lincoln Variable Insurance Products
 Series Fund--AllianceBernstein VPS   Trust--LVIP Mondrian International
 International Value Portfolio:       Value Fund:
    Class B........................    Standard Class
    Class B........................    Service Class
American Century Investment          Lincoln Variable Products Trust--
 Variable Products--American          LVIP BlackRock Inflation Protected
 Century VP Inflation Protection      Bond Fund:
 Fund:
    Class I........................    Standard Class
    Class II.......................    Service Class
Dreyfus Stock Index Fund, Inc.--     Lincoln Variable Products Trust--
 Dreyfus Stock Index Fund:.           LVIP SSgA S&P 500 Index Fund:
    Initial Class..................    Standard Class
Dreyfus Variable Investment Fund--   Lincoln Variable Products Trust--
 Dreyfus VIF Opportunistic Small      LVIP SSgA Small-Cap Index Fund:
 Cap Portfolio:
    Initial Class..................    Standard Class
DWS Investments VIT Funds--DWS       Lincoln Variable Products Trust--
 Equity 500 Index VIP Portfolio:.     LVIP SSgA S&P 500 Index Fund:
    Class A........................    Standard Class
    Class B........................    Service Class
DWS Investments VIT Funds--DWS       Lincoln Variable Products Trust--
 Small Cap Index VIP Portfolio:.      LVIP SSgA Small-Cap Index Fund:
    Class A........................    Standard Class
    Class B........................    Service Class
Fidelity Variable Insurance          Lincoln Variable Products Trust--
 Products Trust--Fidelity VIP         LVIP SSgA S&P 500 Index Fund:
 Equity-Income Portfolio:
    Initial Class..................    Standard Class
    Service Class 2................    Service Class
Fidelity Variable Insurance          Lincoln Variable Products Trust--
 Products Trust--Fidelity VIP         LVIP SSgA International Index
 Overseas Portfolio:                  Fund:
    Initial Class..................    Service Class

    Service Class 2................    Service Class
Franklin Templeton Variable          Lincoln Variable Products Trust--
 Insurance Products Trust--FTVIPT     LVIP SSgA Small-Cap Index Fund:
 Franklin Small-Mid Cap Growth
 Securities Fund:
    Class 1........................    Standard Class
    Class 2........................    Service Class
MFS Variable Insurance Trust--MFS    Lincoln Variable Products Trust--
 VIT Total Return Series:.            LVIP SSgA Moderate Structured
                                      Allocation Fund:
    Service Class..................    Service Class
Neuberger Berman Advisers            Lincoln Variable Products Trust--
 Management Trust--Neuberger Berman   LVIP SSgA S&P 500 Index Fund:
 AMT Mid-Cap Growth Portfolio:
    I Class........................    Standard Class
    I Class........................    Service Class
------------------------------------------------------------------------

    The class into which a Contract Owner will be transferred is set
forth in the relevant Contract, which lists the class of the
Replacement Fund available within the Contract. Comparisons of the
investing strategies and risks of the Existing Funds and the
Replacement Funds are included in the application.
    10. The following tables compare the fees and expenses of the
Existing Fund and the Replacement Fund as of December 31, 2012:

------------------------------------------------------------------------
                                  Existing fund       Replacement fund
------------------------------------------------------------------------
                              AllianceBernstein     Lincoln Variable
                               Variable Products     Products Trust--
                               Series Fund--         LVIP SSgA S&P 500
                               AllianceBernstein     Index Fund.
                               VPS Growth and
                               Income Portfolio.
------------------------------------------------------------------------
Management Fees.............  0.55% Class A.......  0.19% Standard Class
                              0.55% Class B.......  0.19% Service Class
12b-1 Fees..................  0.00% Class A.......  0.00% Standard Class
                              0.25% Class B.......  0.25% Service Class
Other Expenses..............  0.05% Class A.......  0.06% Standard Class
                              0.05% Class B.......  0.06% Service Class
Total Gross Expenses........  0.60% Class A.......  0.25% Standard Class
                              0.85% Class B.......  0.50% Service Class
Waivers/Reimbursements......  0.00% Class A.......  0.00% Standard Class
                              0.00% Class B.......  0.00% Service Class
Total Net Expenses..........  0.60% Class A.......  0.25% Standard Class
                              0.85% Class B.......  0.50% Service Class
------------------------------------------------------------------------
                              AllianceBernstein     Lincoln Variable
                               Variable Products     Products Trust--
                               Series Fund--         LVIP Mondrian
                               AllianceBernstein     International Value
                               VPS International     Fund.
                               Value Portfolio.
------------------------------------------------------------------------
Management Fees.............  0.75% Class B.......  0.75% Standard Class
                              0.75% Class B.......  0.75% Service Class
12b-1 Fees..................  0.25% Class B.......  0.00% Standard Class
                              0.25% Class B.......  0.25% Service Class
Other Expenses..............  0.06% Class B.......  0.08% Standard Class
                              0.06% Class B.......  0.08% Service Class
Total Gross Expenses........  1.06% Class B.......  0.83% Standard Class
                              1.06% Class B.......  1.08% Service Class
Waivers/Reimbursements......  0.00% Class B.......  0.00% Standard Class
                              0.00% Class B.......  0.00% Service Class
Total Net Expenses..........  1.06% Class B.......  0.83% Standard Class
                              1.06% Class B.......  1.08% Service Class
------------------------------------------------------------------------
                              American Century      Lincoln Variable
                               Investments           Products Trust--
                               Variable Products--   LVIP BlackRock
                               American Century VP   Inflation Protected
                               Inflation             Bond Fund.
                               Protection Fund.
------------------------------------------------------------------------
Management Fees.............  0.47% Class I.......  0.44% Standard Class
                              0.47% Class.........  0.44% Service Class
12b-1 Fees..................  0.00% Class I.......  0.00% Standard Class
                              0.25% Class II......  0.25% Service Class
Other Expenses..............  0.01% Class I.......  0.07% Standard Class
                              0.01% Class II......  0.07% Service Class
Total Gross Expenses........  0.48% Class I.......  0.54% Standard Class
                              0.73% Class II......  0.79% Service Class
Waivers/Reimbursements......  0.00% Class I.......  0.00% Standard Class
                              0.00% Class II......  0.00% Service Class
Total Net Expenses..........  0.48% Class I.......  0.54% Standard Class
                              0.73% Class II......  0.79% Service Class
------------------------------------------------------------------------

                              Dreyfus Stock Index   Lincoln Variable
                               Fund, Inc.--Dreyfus   Products Trust--
                               Stock Index Fund.     LVIP SSgA S&P 500
                                                     Index Fund.
------------------------------------------------------------------------
Management Fees.............  0.25% Initial Class.  0.19% Standard Class
12b-1 Fees..................  0.00% Initial Class.  0.00% Standard Class
Other Expenses..............  0.03% Initial Class.  0.06% Standard Class
Total Gross Expenses........  0.28% Initial Class.  0.25% Standard Class
Waivers/Reimbursements......  0.00% Initial Class.  0.00% Standard Class
Total Net Expenses..........  0.28% Initial Class.  0.25% Standard Class
------------------------------------------------------------------------
                              Dreyfus Variable      Lincoln Variable
                               Investment Fund--     Products Trust--
                               Dreyfus VIF           LVIP SSgA Small-Cap
                               Opportunistic Small   Index Fund.
                               Cap Portfolio.
------------------------------------------------------------------------
Management Fees.............  0.75% Initial Class.  0.32% Standard Class
12b-1 Fees..................  0.00% Initial Class.  0.00% Standard Class
Other Expenses..............  0.13% Initial Class.  0.09% Standard Class
Total Gross Expenses........  0.88% Initial Class.  0.41% Standard Class
Waivers/Reimbursements......  0.00% Initial Class.  0.00% Standard Class
Total Net Expenses..........  0.88% Initial Class.  0.41% Standard Class
------------------------------------------------------------------------
                              DWS Investments VIT   Lincoln Variable
                               Funds--DWS Equity     Products Trust--
                               500 Index VIP         LVIP SSgA S&P 500
                               Portfolio.            Index Fund.
------------------------------------------------------------------------
Management Fees.............  0.20% Class A.......  0.19% Standard Class
                              0.20% Class B.......  0.19% Service Class
12b-1 Fees..................  0.00% Class A.......  0.00% Standard Class
                              0.25% Class B.......  0.25% Service Class
Other Expenses..............  0.15% Class A.......  0.06% Standard Class
                              0.15% Class B.......  0.06% Service Class
Total Gross Expenses........  0.35% Class A.......  0.25% Standard Class
                              0.60% Class B.......  0.50% Service Class
Waivers/Reimbursements......  0.00% Class A.......  0.00% Standard Class
                              0.00% Class B.......  0.00% Service Class
Total Net Expenses..........  0.35% Class A.......  0.25% Standard Class
                              0.60% Class B.......  0.50% Service Class
------------------------------------------------------------------------
                              DWS Investments VIT   Lincoln Variable
                               Funds--DWS Small      Products Trust--
                               Cap Index VIP         LVIP SSgA Small-Cap
                               Portfolio.            Index Fund.
------------------------------------------------------------------------
Management Fees.............  0.35% Class A.......  0.32% Standard Class
                              0.35% Class B.......  0.32% Service Class
12b-1 Fees..................  0.00% Class A.......  0.00% Standard Class
                              0.25% Class B.......  0.25% Service Class
Other Expenses..............  0.20% Class A.......  0.09% Standard Class
                              0.20% Class B.......  0.09% Service Class
Total Gross Expenses........  0.55% Class A.......  0.41% Standard Class
                              0.80% Class B.......  0.66% Service Class
Waivers/Reimbursements......  -0.06% Class A......  0.00% Standard Class
                              -0.06% Class B......  0.00% Service Class
Total Net Expenses..........  0.49% Class A.......  0.41% Standard Class
                              0.74% Class B.......  0.66% Service Class
------------------------------------------------------------------------
                              Fidelity[supreg]      Lincoln Variable
                               Variable Insurance    Products Trust--
                               Products Trust--      LVIP SSgA S&P 500
                               Fidelity[supreg]      Index Fund.
                               VIP Equity-Income
                               Portfolio.
------------------------------------------------------------------------
Management Fees.............  0.46% Initial Class.  0.19% Standard Class
                              0.46% Service Class   0.19% Service Class
                               2.
12b-1 Fees..................  0.00% Initial Class.  0.00% Standard Class
                              0.25% Service Class   0.25% Service Class
                               2.
Other Expenses..............  0.10% Initial Class.  0.06% Standard Class
                              0.10% Service Class   0.06% Service Class
                               2.
Total Gross Expenses........  0.56% Initial Class.  0.25% Standard Class
                              0.81% Service Class   0.50% Service Class
                               2.
Waivers/Reimbursements......  0.00% Initial Class.  0.00% Standard Class
                              0.00% Service Class   0.00% Service Class
                               2.
Total Net Expenses..........  0.56% Initial Class.  0.25% Standard Class
                              0.81% Service Class   0.50% Service Class
                               2.
------------------------------------------------------------------------
                              Fidelity[supreg]      Lincoln Variable
                               Variable Insurance    Products Trust--
                               Products Trust--      LVIP SSgA
                               Fidelity[supreg]      International Index
                               VIP Overseas          Fund.
                               Portfolio.
------------------------------------------------------------------------
Management Fees.............  0.71% Initial Class.  0.40% Service Class
                              0.71% Service Class   0.40% Service Class
                               2.
12b-1 Fees..................  0.00% Initial Class.  0.25% Service Class
                              0.25% Service Class   0.25% Service Class
                               2.

Other Expenses..............  0.14% Initial Class.  0.14% Standard Class
                              0.14% Service Class   0.14% Service Class
                               2.
Total Gross Expenses........  0.85% Initial Class.  0.79% Service Class
                              1.10% Service Class   0.79% Service Class
                               2.
Waivers/Reimbursements......  0.00% Initial Class.  -0.04% Service Class
                              0.00% Service Class   -0.04% Service Class
                               2.
Total Net Expenses..........  0.85% Initial Class.  0.75% Service Class
                              1.10% Service Class   0.75% Service Class
                               2.
------------------------------------------------------------------------
                              Franklin Templeton    Lincoln Variable
                               Variable Insurance    Products Trust--
                               Products Trust--      LVIP SSgA Small-Cap
                               FTVIPT Franklin       Index Fund.
                               Small-Mid Cap
                               Growth Securities
                               Fund.
------------------------------------------------------------------------
Management Fees.............  0.51% Class 1.......  0.32% Standard Class
                              0.51% Class 2.......  0.32% Service Class
12b-1 Fees..................  0.00% Class 1.......  0.00% Standard Class
                              0.25% Class 2.......  0.25% Service Class
Other Expenses..............  0.29% Class 1.......  0.09% Standard Class
                              0.29% Class 2.......  0.09% Service Class
Acquired Fund Fees and        0.00% Class 1.......  0.00% Standard Class
 Expenses.
                              0.00% Class 2.......  0.00% Service Class
Total Gross Expenses........  0.80% Class 1.......  0.41% Standard Class
                              1.05% Class 2.......  0.66% Service Class
Waivers/Reimbursements......  0.00% Class 1.......  0.00% Standard Class
                              0.00% Class 2.......  0.00% Service Class
Total Net Expenses..........  0.80% Class 1.......  0.41% Standard Class
                              1.05% Class 2.......  0.66% Service Class
------------------------------------------------------------------------
                              MFS Variable          Lincoln Variable
                               Insurance Trust--     Products Trust--
                               MFS VIT Total         LVIP SSgA Moderate
                               Return Series.        Structured
                                                     Allocation Fund.
------------------------------------------------------------------------
Management Fees.............  0.75% Service Class.  0.25% Service Class
12b-1 Fees..................  0.25% Service Class.  0.25% Service Class
Other Expenses..............  0.05% Service Class.  0.04% Service Class
Acquired Fund Fees and        0.00% Service Class.  0.37% Service Class
 Expenses.
Total Gross Expenses........  1.05% Service Class.  0.91% Service Class
Waivers/Reimbursements......  -0.03% Service Class  -0.10% Service Class
Total Net Expenses..........  1.02% Service Class.  0.81% Service Class
------------------------------------------------------------------------
                              Neuberger Berman      Lincoln Variable
                               Advisers Management   Products Trust--
                               Trust--Neuberger      LVIP SSgA S&P 500
                               Berman AMT Mid-Cap    Index Fund
                               Growth Portfolio.
------------------------------------------------------------------------
Management Fees.............  0.84% Class I.......  0.19% Standard Class
                              0.84% Class I.......  0.19% Service Class
12b-1 Fees..................  0.00% Class I.......  0.00% Standard Class
                              0.00% Class I.......  0.25% Service Class
Other Expenses..............  0.15% Class I.......  0.06% Standard Class
                              0.15% Class I.......  0.06% Service Class
Total Gross Expenses........  0.99% Class I.......  0.25% Standard Class
                              0.99% Class I.......  0.50% Service Class
Waivers/Reimbursements......  0.00% Class I.......  0.00% Standard Class
                              0.00% Class I.......  0.00% Service Class
Total Net Expenses..........  0.99% Class I.......  0.25% Standard Class
                              0.99% Class I.......  0.50% Service Class
------------------------------------------------------------------------

    11. The Section 26 Applicants propose the Substitutions as part of
a continued and overall business plan by each Insurance Company to make
its Contracts more attractive to both existing and prospective Contract
Owners, and more efficient to administer and oversee via enhanced
flexibility to deliver to the Contract Owners changes that are designed
to promote their best interests.
    12. The Section 26 Applicants believe that eliminating investment
option redundancy via the proposed Substitutions would result in a more
consolidated and less confusing menu of investment options for
investors. Since the proposed Substitutions involve consolidating
duplicative investment options, the diversity of investment options
available under the Contracts will not be adversely impacted.
Furthermore, this consolidation of investment options would result in
greater efficiency in administration of the Contracts because there
will be fewer investment options to support, resulting in the
availability of resources to apply elsewhere to the Contracts. Finally
reducing overlapping investment options gives the Contracts the
capacity to add other types of investment options.
    13. The Section 26 Applicants submit that the Substitutions will,
after implementation, simplify the prospectuses and related materials
with respect to the Contracts and the investment options available
through the Separate Accounts. By reducing the number of underlying
mutual funds and mutual fund companies offered in the

Contracts, the offering Insurance Company necessarily reduces the
number of underlying mutual fund prospectuses and prospectus formats
the Contract Owner must navigate. By consolidating overlapping
investment options into the Trust, the number of mutual fund companies,
and varying prospectus formats, is reduced, simplifying the investment
decision process for Contract Owners. The Trust Funds employ a common
share class structure, a common set of valuation procedures that is
administered by a single investment adviser, and the same prospectus
style, vocabulary, look and feel. The Section 26 Applicants believe
that the proposed Substitutions will continue to provide Contract
Owners with access to quality investment managers and a large variety
of investment options, but will make the investment decision process
more manageable for the investor by having the underlying fund
disclosure presented in a consistent format using consistent
terminology, making it easier for Contract Owners to analyze fund
information and make informed investment decisions relating to
allocation of his or her Contract value.
    14. Also, the proposed Substitutions involve substituting a
Replacement Fund for an Existing Fund with very similar, and in some
cases substantially identical, investment objective and investment
strategy.
    15. Contract Owners with Contract value allocated to the sub-
accounts of the Existing Funds will experience the same or lower fund
net annual operating expenses after the Substitutions as prior to the
Substitutions, except for the following:

------------------------------------------------------------------------
           Existing funds                     Replacement funds
------------------------------------------------------------------------
AllianceBernstein Variable Products  Lincoln Variable Products Trust--
 Series Fund--AllianceBernstein VPS   LVIP Mondrian International Value
 International Value Portfolio:       Fund:
    Class B........................    Service Class
American Century Investment          Lincoln Variable Products Trust--
 Variable Products--American          LVIP BlackRock Inflation Protected
 Century VP Inflation Protection      Bond Fund:
 Fund:
    Class I........................    Standard Class
    Class II.......................    Service Class
------------------------------------------------------------------------

    16. Each Replacement Fund has a combined management fee and 12b-1
Fee that is less than or equal to that of the Existing Fund, except for
the DWS Equity 500 Index VIP Portfolio/LVIP SSgA S&P 500 Index Fund
substitution in which the combined management and 12b-1 Fees of the
Replacement fund could be higher than those of the Existing Fund at
certain management fee breakpoints.
    17. The Substitutions are designed to provide Contract Owners with
the ability to continue their investment in similar investment options
without interruption and at no additional cost to them. In this regard,
the Insurance Companies have agreed to bear all expenses incurred in
connection with the Substitutions and related filings and notices,
including legal, accounting, brokerage, and other fees and expenses.
Also, the Contract value of each Contract Owner impacted by the
Substitutions will not change as a result of the Substitutions.
    18. Prospectus supplements (``Pre-Substitution Notices'') were sent
to Contract Owners on April 1, 2013. The Pre-Substitution Notices: (i)
Notify all Contract Owners of the Insurance Company's intent to
implement the Substitutions, that it has filed the application in order
to obtain the necessary orders to do so, and indicate the anticipated
Substitution Date; (ii) advise Contract Owners that from the date of
the Pre-Substitution Notice until the Substitution Date, Contract
Owners are permitted to transfer Contract value out of any Existing
Fund sub-account to any other sub-account(s) offered under the Contract
without the transfer being treated as a transfer for purposes of
transfer limitations and fees that would otherwise be applicable under
the terms of the Contract; (iii) instruct Contract Owners how to submit
transfer requests in light of the proposed Substitutions; (iv) advise
Contract Owners that any Contract value remaining in an Existing Fund
sub-account on the Substitution Date will be transferred to the
corresponding Replacement Fund sub-account, and that the Substitutions
will take place at relative net asset value; (v) inform Contract Owners
that for at least thirty days following the Substitution Date, the
Insurance Companies will permit Contract Owners to make transfers of
Contract value out of each Replacement Fund sub-account to any other
sub-account(s) offered under the Contract without the transfer being
treated as a transfer for purposes of transfer limitations and fees
that would otherwise be applicable under the terms of the Contract; and
(vi) inform Contract Owners that, except as described in the market
timing/short-term trading provision of the relevant prospectus, the
respective Insurance Company will not exercise any rights reserved by
it under the Contracts to impose additional restrictions on transfers
out of a Replacement Fund for at least thirty days after the
Substitution Date. Existing Contract Owners will receive the Pre-
Substitution Notice and the prospectus for the Replacement Fund before
the Substitution Date, if they have not already received such
information. The prospectus for the Replacement Fund will disclose and
explain the substance and effect of the Manager of Managers Order. New
purchasers of the Contracts will be provided the Pre-Substitution
Notice, the Contract prospectus and the prospectus for the Replacement
Funds in accordance with all applicable legal requirements. Prospective
purchasers of the Contracts will be provided the Pre-Substitution
Notice and the Contract prospectus.
    19. In addition to the Pre-Substitution Notice distributed to
Contract Owners, within five business days after the Substitution Date,
Contract Owners will be sent a written confirmation of the
Substitutions in accordance with Rule 10b-10 under the Securities
Exchange Act of 1934. The confirmation statement will restate the
information set forth in the Pre-Substitution Notice.
    20. As of the Substitution Date, a portion of the securities of the
Existing Funds will be redeemed in kind and those securities received
will be used to purchase shares of the Replacement Funds. The
redemption of each Existing Fund's shares and repurchase of the
corresponding Replacement Fund's shares will be effected and take place
at relative net asset value determined on the Substitution Date
pursuant to Section 22 of the 1940 Act and Rule 22c-1 thereunder with
no change in the amount of any Contract Owner's Contract value, cash
value, death benefit, or dollar value of his or her investment in the
Separate Accounts and without such transactions counting as a transfer
for purposes of transfer limitations and fees that would otherwise be
applicable under the terms

of the Contracts. Each Substitution will be effected by redeeming
shares of the Existing Fund in cash and/or in-kind on the Substitution
Date at their net asset value. In the event that either LIAC or the
relevant Subadviser of a Replacement Fund declines to accept, on behalf
of the Replacement Fund, securities redeemed in-kind by an Existing
Fund, such Existing Fund shall instead provide cash equal to the value
of the declined securities so that Contract Owners' Contract values
will not be adversely impacted or diluted. Each Substitution will be
effected by redeeming shares of Existing Funds in cash and/or in kind
on the Substitution Date and using the proceeds of those redemptions to
purchase shares of the Replacement Funds. Therefore, simultaneous to
the redemption of the Existing Fund's shares, all the proceeds of such
redemptions shall be used to purchase shares of the Replacement Fund at
their net asset value so that each Contract Owner's Contract value will
remain fully invested at all times.
    21. Contract Owners will not incur any fees or charges as a result
of the proposed Substitutions, nor will their rights or insurance
benefits or the Insurance Companies' obligations under the Contracts be
altered in any way. All expenses incurred in connection with the
proposed Substitutions, including any brokerage, legal, accounting, and
other fees and expenses, will be paid by the Insurance Companies. In
addition, the Substitutions will not result in adverse tax consequences
to Contract Owners and will not alter any tax benefits associated with
the Contracts. The proposed Substitutions will not cause the Contract
fees and charges currently being paid by Contract Owners to be greater
after the proposed Substitution than before the proposed Substitution.
Redemptions and repurchases that occur in connection with effecting the
Substitution will not count as a transfer for purposes of transfer
limitations and fees that would otherwise be applicable under the terms
of the Contracts. Consequently, no fees will be charged on transfers
made to effectuate the Substitutions.
    22. The Section 26 Applicants represent that, after the
Substitution Date, the Replacement Funds will not change a Subadviser,
add a new Subadviser, or otherwise rely on the Manager of Managers
Order without first obtaining shareholder approval of the change in
Subadviser, the new Subadviser, or the Fund's ability to add or to
replace a Subadviser in reliance on the Manager of Managers Order.
Additionally, the Section 26 Applicants represent that a prospectus for
the relevant Replacement Fund(s) containing disclosure describing the
existence, substance, and effect of the Manager of Managers Order will
have been provided to each Contract Owner prior to the Substitution
Date.

Legal Analysis and Conditions

Section 26(c) Relief

    1. The Section 26 Applicants request that the Commission issue an
order pursuant to Section 26(c) of the 1940 Act approving the proposed
substitutions. Section 26(c) of the 1940 Act makes it unlawful for the
depositor of a registered unit investment trust that invests in the
securities of a single issuer to substitute another security for such
security without Commission approval.
    2. The Section 26 Applicants have reserved the right under the
Contracts to substitute shares of another underlying mutual fund for
one of the current underlying mutual funds offered as an investment
option under the Contracts. The Contract prospectuses disclose this
right.
    3. Each Replacement Fund and its corresponding Existing Fund have
similar, and in some cases substantially similar or identical,
investment objectives and strategies. In addition, each proposed
Substitution retains for Contract Owners the investment flexibility and
expertise in asset management, which are core investment features of
the Contracts. Any impact on the investment programs of affected
Contract Owners should be negligible.
    4. In each Substitution, except the DWS Equity 500 Index VIP
Portfolio/LVIP SSgA 500 Index Fund substitutions, the Replacement Fund
has a combined management fee and 12b-1 Fee that is less than or equal
to that of the Existing Fund. Except with respect to the
AllianceBernstein VPS International Value Portfolio/LVIP Mondrian
International Value Fund, and American Century VP Inflation Protection
Fund/LVIP BlackRock Inflation Protected Bond Fund, Contract Owners with
Contracts value allocated to the sub-accounts of the Existing Funds
will experience the same or lower fund net annual operating expenses
after the Substitutions as prior to the Substitutions.
    5. Section 26 Applicants agree that for a period of two years
following the Substitution date and for those Contracts with assets
allocated to the Existing Fund on the date of the Substitution, the
Insurance Companies will reimburse, on the last business day of each
fiscal quarter, the contract owners whose sub-accounts invest in the
applicable Replacement Fund to the extent that the Replacement Fund's
net annual operating expenses for such period exceeds, on an annualized
basis, the net annual operating expenses of the Existing Fund for
fiscal year 2012, except with respect to the DWS Equity 500 Index VIP
Portfolio/LVIP SSgA S&P 500 Index Fund substitution. With respect to
the DWS Equity 500 Index VIP Portfolio/LVIP SSgA S&P 500 Index Fund
substitution, the reimbursement agreement with respect to the
Replacement Fund's net annual operating expenses will extend for the
life of each Contract outstanding on the date of the proposed
Substitutions.
    6. In addition, the Section 26 Applicants agree that, except with
respect to the DWS Equity 500 Index VIP Portfolio/LVIP SSgA S&P 500
Index Fund, the Insurance Companies will not increase total separate
account charges (net of any reimbursements or waivers) for any existing
owner of the Contracts on the date of the Substitutions for a period of
two (2) years from the date of the Substitutions. With respect to the
DWS Equity 500 Index VIP Portfolio/LVIP SSgA S&P 500 Index Fund
substitution, the agreement not to increase the separate account
charges will extend for the life of each Contract outstanding on the
date of the proposed Substitutions.
    7. The Section 26 Applicants submit that the proposed Substitutions
are not of the type that Section 26 was designed to prevent:
Overreaching on the part of the depositor by permanently impacting the
investment allocations of the entire trust. In the current situation,
the Contracts provide Contract Owners with investment discretion to
allocate and reallocate their Contract value among the available
underlying mutual funds. This flexibility provides Contract Owners with
the ability to reallocate their assets at any time--either before the
Substitution Date, or after the Substitution Date--if they do not wish
to invest in the Replacement Fund. Thus, the likelihood of being
invested in an undesired underlying mutual fund is minimized, with the
discretion remaining with the Contract Owners. The Substitutions,
therefore, will not result in the type of costly forced redemption that
Section 26(c) was designed to prevent. The Section 26 Applicants submit
that, for all the reasons stated above, the proposed Substitutions are
consistent with the protection of investors and the purposes fairly
intended by the policy and provisions of the 1940 Act.

Section 17(b) Relief

    1. The Section 17 Applicants request that the Commission issue an
order pursuant to Section 17(b) of the 1940 Act exempting them from the
provisions of Section 17(a) of the 1940 Act to the extent necessary to
permit them to carry out the In-Kind Transactions.
    2. Section 17(a)(1) of the 1940 Act, in relevant part, generally
prohibits any affiliated person of a registered investment company (or
any affiliated person of such a person), acting as principal, from
knowingly selling any security or other property to that company.
Section 17(a)(2) of the 1940 Act generally prohibits the same persons,
acting as principals, from knowingly purchasing any security or other
property from the registered investment company.
    3. Shares held by an insurance company separate account are legally
owned by the insurance company. Thus, the Insurance Companies
collectively own substantially all of the shares of the Trust.
Accordingly, the Trust and its respective Trust Funds are arguably
under the control of the Insurance Companies, as per Section 2(a)(9) of
the 1940 Act (notwithstanding the fact that the Contract Owners are the
beneficial owners of those Separate Account shares). If the Trust is
under the common control of the Insurance Companies, then each
Insurance Company is an affiliated person of the Trust and its
respective Trust Funds. If the Trust and its respective Trust Funds are
under the control of the Insurance Companies, then the Trust and its
respective affiliates are affiliated persons of the Insurance
Companies. Regardless of whether or not the Insurance Companies can be
considered to actually control the Trust and its Trust Funds, because
the Insurance Companies and their affiliates own of record more than 5%
of the shares of each Trust Fund and are under common control with
LIAC, the Insurance Companies are affiliated persons of the Trust and
its Trust Funds. Likewise, the Trust and its respective Trust Funds are
each an affiliated person of the Insurance Companies. The proposed In-
Kind Transactions could be seen as the indirect purchase of shares of
certain Replacement Funds with portfolio securities of certain Existing
Funds and the indirect sale of portfolio securities of certain Existing
Funds for shares of certain Replacement Funds. Pursuant to this
analysis, the proposed In-Kind Transactions also could be categorized
as a purchase of shares of certain Replacement Funds by certain
Existing Funds, acting as principal, and a sale of portfolio securities
by certain Existing Funds, acting as principal, to certain Replacement
Funds. In addition, the proposed In-Kind Transactions could be viewed
as a purchase of securities from certain Existing Portfolios, and a
sale of securities to certain Replacement Funds, by the Insurance
Companies (or their Separate Accounts), acting as principal. If
categorized in this manner, the proposed In-Kind Transactions may be
deemed to contravene Section 17(a) due to the affiliated status of
these participants.
    4. The Section 17 Applicants submit that the In-Kind Transactions,
as described in the application, meet the conditions set forth in
Section 17(b) of the 1940 Act.
    5. Contract Owners' Contract values will not be adversely impacted
or diluted because the In-Kind Transactions will be effected at the
respective net asset values of the Existing Funds and the Replacement
Funds, as described in each fund's registration statement and as
required by Rule 22c-1 under the 1940 Act. The In-Kind Transactions
will not change the dollar value of any Contract, the accumulation unit
value or annuity unit value of any Contract, or the death benefit
payable under any Contract. After the In-Kind Transactions, the value
of a Separate Account's investment in a Replacement Fund will equal the
value of its investments in the corresponding Existing Fund (in
addition to any pre-existing investment in the Replacement Fund) before
the In-Kind Transactions.
    6. Additionally, the Section 17 Applicants will cause the In-Kind
Transactions to be implemented in compliance with the conditions set
forth in Rule 17a-7 under the 1940 Act, except that the consideration
paid for the securities being purchased or sold will not be in cash.
    7. The proposed In-Kind Transactions will be effected based upon
the independent current market price of the portfolio securities as
specified in Rule 17a-7(b). Because, per the terms of Rule 17a-7(a),
Rule 17a-7 is available only with respect to securities for which
market quotations are readily available, the proposed In-Kind
Transactions will include only securities for which market quotations
are readily available on the Substitution Date. Further, the proposed
In-Kind Transactions will be consistent with the policy of each
registered investment company and separate series thereof participating
in the In-Kind Transactions, as recited in the relevant registered
investment company's registration statement and reports in accordance
with Rule 17a-7(c). No brokerage commission, fee (except for any
customary transfer fees), or other remuneration will be paid in
connection with the proposed In-Kind Transactions as specified in Rule
17a-7(d). The Trust's Board of Trustees has adopted and implemented the
fund governance and oversight procedures as required by Rule 17a-7(e)
and (f). In addition, pursuant to Rule 17a-7(e)(3), during the calendar
quarter following the quarter in which any In-Kind Transactions occur,
the Trust's Board of Trustees will review reports submitted by LIAC in
respect of such In-Kind Transactions in order to determine that all
such In-Kind Transactions made during the preceding quarter were
effected in accordance with the representations stated herein. Finally,
a written record of the procedures for the proposed In-Kind
Transactions will be maintained and preserved in accordance with Rule
17a-7(g).
    Although the proposed In-Kind Transactions will not comply with the
cash consideration requirement of Rule 17a-7(a), the terms of the
proposed In-Kind Transactions will offer to each of the relevant
Existing Funds and each of the relevant Replacement Funds the same
degree of protection from overreaching that Rule 17a-7 generally
provides in connection with the purchase and sale of securities under
that Rule in the ordinary course of business. Specifically, the
Insurance Companies and their affiliates cannot effect the proposed In-
Kind Transactions at a price that is disadvantageous to any Replacement
Fund and the proposed In-Kind Transactions will not occur absent an
exemptive order from the Commission.
    8. For those Existing Funds that will redeem their shares in-kind
as part of the In-Kind Transactions, such transactions will be
consistent with the investment policies of the Existing Fund because:
(1) The redemption in-kind policy is stated in the relevant Existing
Fund's current registration statement; and (2) the shares will be
redeemed at their net asset value in conformity with Rule 22c-1 under
the 1940 Act. In addition, to the extent applicable to the Section 17
Applicants as affiliated persons redeeming in-kind from an Existing
Fund, the Section 17 Applicants will comply with the Commission's no-
action letter issued to Signature Financial Group, Inc. (pub. avail.
Dec. 28, 1999). Likewise, for the Replacement Funds that will sell
shares in exchange for portfolio securities as part of the In-Kind
Transactions, such transactions will be consistent with the investment
policies of the Replacement Fund because: (1) The Trust's policy of

selling shares in exchange for investment securities is stated in the
Trust's current registration statement; (2) the shares will be sold at
their net asset value in conformity with Rule 22c-1 under the Act; and
(3) the investment securities will be of the type and quality that a
Replacement Fund could have acquired with the proceeds from the sale of
its shares had the shares been sold for cash. For each of the proposed
In-Kind Transactions, LIAC and the relevant Subadviser(s) will analyze
the portfolio securities being offered to each relevant Replacement
Fund and will retain only those securities that it would have acquired
for each such Fund in a cash transaction.
    9. The Section 17 Applicants submit that, for all the reasons
stated above: (1) The terms of the proposed In-Kind Transactions,
including the consideration to be paid and received, are reasonable and
fair to each of the relevant Replacement Funds, each of the relevant
Existing Funds, and Contract Owners, and that the proposed In-Kind
Transactions do not involve overreaching on the part of any person
concerned; (2) the proposed In-Kind Transactions are, or will be,
consistent with the policies of the relevant Replacement Funds and the
relevant Existing Funds as stated in the relevant investment company's
registration statement and reports filed under the 1940 Act; and (3)
the proposed In-Kind Transactions are, or will be, consistent with the
general purposes of the 1940 Act. The Section 17 Applicants maintain
that the proposed In-Kind Transactions, as described herein, are
consistent with the general purposes of the 1940 Act set forth in
Section 1 of the 1940 Act. In particular, the proposed In-Kind
Transactions do not present any conditions or abuses that the 1940 Act
was designed to prevent.

Conclusion

    For the reasons set forth in the application, the Applicants submit
that the proposed Substitutions and related transactions meet the
standards of Section 26(c) of the 1940 Act and are consistent with the
standards of Section 17(b) of the 1940 Act and that the requested
orders should be granted.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-09633 Filed 4-23-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 23, 2008 (Volume 73, Number 15)]
[Notices]
[Page 4020]
[DOCID:fr23ja08-89]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 204-2; SEC File No. 270-215; OMB Control No. 3235-0278.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget
(``OMB'') a request for extension of the previously approved collection
of information discussed below.
    The title for the collection of information is ``Rule 204-2'' (17
CFR 275.204-2) under the Investment Advisers Act of 1940 (15 U.S.C.
80b-1). Rule 204-2 requires SEC-registered investment advisers to
maintain copies of certain books and records relating to their advisory
business. The collection of information under rule 204-2 is necessary
for the Commission staff to use in its examination and oversight
program. This collection of information is mandatory. The respondents
to the collection of information are investment advisers registered
with the Commission. As of August 31, 2007, there were 10,787 SEC
registered advisers. Responses provided to the Commission in the
context of its examination and oversight program are generally kept
confidential. The records that an adviser must keep in accordance with
rule 204-2 must generally be retained for not less than five years.
    The Commission has estimated that compliance with the requirements
of the rule imposes a total burden of approximately 181.1541 hours for
an adviser. Based on our experience, the Commission staff estimates a
total annual burden of 1,954,109 hours for the collection of this
information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid control number.
    General comments regarding the above information should be directed
to the following persons: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or e-mail to:
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief Information

Officer, Securities and Exchange Commission, C/O Shirley Martinson,
6432 General Green Way, Alexandria, VA 22312, or send an e-mail to:
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days

of this notice.

    Dated: January 14, 2008.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-1056 Filed 1-22-08; 8:45 am]

BILLING CODE 8011-01-P