[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Pages 43043-43044]
[FR Doc No: 2022-15334]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002; Internal Agency Docket No. FEMA-B-2245]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before October 17, 2022.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2245, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) patrick.sac[email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

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                                             Community map repository
               Community                             address
------------------------------------------------------------------------
                Weber County, Utah and Incorporated Areas
  Project: 13-08-1121S Preliminary Dates: April 21, 2021, and March 4,
                                  2022
------------------------------------------------------------------------
City of Farr West City.................  City Hall, 1896 North 1800
                                          West, Farr West City, UT
                                          84404.
City of Harrisville....................  City Hall, 363 West
                                          Independence Boulevard,
                                          Harrisville, UT 84404.
City of Marriott-Slaterville...........  City Hall, 1570 West 400 North,
                                          Marriott-Slaterville, UT
                                          84404.
City of North Ogden....................  City Hall, 505 East 2600 North,
                                          North Ogden, UT 84414.
City of Ogden..........................  City Hall, 2549 Washington
                                          Boulevard, Ogden, UT 84401.
City of Plain City.....................  City Hall, 4160 West 2200
                                          North, Plain City, UT 84404.
City of Riverdale......................  City Hall, 4600 South Weber
                                          River Drive, Riverdale, UT
                                          84405.
City of South Ogden....................  City Hall, 3950 South Adams
                                          Avenue, South Ogden, UT 84403.
City of West Haven.....................  City Hall, 4150 South 3900
                                          West, West Haven, UT 84401.
Unincorporated Areas of Weber County...  Weber County Government
                                          Building, 2380 Washington
                                          Boulevard, Ogden, UT 84401.
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[FR Doc. 2022-15334 Filed 7-18-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Notices]
[Pages 51562-51563]
[FR Doc No: 2015-21022]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2012-0103; FRL-9933-05-OAR]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Diesel Emissions Reduction Act
(DERA) Rebate Program; EPA ICR No. 2461.02, OMB Control No. 2060-0686
RENEWAL

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Diesel Emissions
Reduction Act (DERA) Rebate Program'' (EPA ICR No. 2461.02, OMB Control
No. 2060-0686 RENEWAL) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public
comments on specific aspects of the proposed information collection as
described below. This is a proposed extension of the ICR, which is
currently approved through October 31, 2015. 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 OMB control number.

DATES: Comments must be submitted on or before October 26, 2015.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2012-0103, online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Tyler Cooley, Office of Transportation
and Air Quality, (Mail Code: 6406A), Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number:
415-972-3937; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: This is an extension of the current Information
Collection Request (ICR) for the Diesel Emissions Reduction Act program
(DERA) authorized by Title VII, Subtitle G (Sections 791 to 797) of the
Energy Policy Act of 2005 (Pub. L. 109-58), as amended by the Diesel
Emissions Reduction Act of 2010 (Pub. L. 111-364), codified at 42
U.S.C. 16131 et seq. DERA provides the Environmental Protection Agency
(EPA) with the authority to award grants, rebates or low-cost revolving
loans on a competitive basis to eligible entities to fund the costs of
projects that significantly reduce diesel emissions from mobile sources
through implementation of a certified engine configuration, verified
technology, or emerging technology. Eligible mobile sources include
buses (including school buses), medium heavy-duty or heavy heavy-duty
diesel trucks, marine engines, locomotives, or nonroad engines or
diesel vehicles or equipment used in construction, handling of cargo
(including at ports or airports), agriculture, mining, or energy
production. In addition, eligible entities may also use funds awarded
for programs or projects to reduce long-duration idling using verified
technology involving a vehicle or equipment described above. The
objective of the assistance under this program is to achieve
significant reductions in diesel emissions in terms of tons of
pollution produced and reductions in diesel emissions exposure,
particularly from fleets operating in areas designated by the
Administrator as poor air quality areas.
    EPA uses approved procedures and forms to collect necessary
information to operate its grant and rebate programs. EPA has been
providing rebates under DERA since Fiscal Year 2012. EPA is requesting
an extension of the current ICR, which is currently approved through
October 31, 2015, for forms needed to collect necessary information to
operate a rebate program as authorized by Congress under the DERA
program.
    EPA collects information from applicants to the DERA rebate
program. Information collected is used to ensure eligibility of
applicants and engines to receive funds under DERA, and to calculate
estimated and actual emissions benefits that result from activities
funded with rebates as required in DERA's authorizing legislation.

Form Numbers: 2060-0686

    Respondents/affected entities: Entities potentially affected by
this action are those interested in applying for a rebate under EPA's
Diesel Emission Reduction Act (DERA) Rebate Program and include but are
not limited to the following NAICS (North American Industry
Classification System) codes: 23 Construction; 482 Rail Transportation;
483 Water Transportation; 484 Truck Transportation; 485 Transit and
Ground Passenger Transportation; 48831 Port and Harbor Operations;
61111 Elementary and Secondary Schools; 61131 Colleges, Universities,
and Professional Schools; 9211 Executive, Legislative, and Other
Government Support; and 9221 Justice, Public Order, and Safety
Activities.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 500-1,000 (total).
    Frequency of response: Voluntary as needed.
    Total estimated burden: 2,827 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $128,390 (per year), includes $0 annualized
capital or operation and maintenance costs.
    Changes in Estimates: There is an increase of 1,933 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This increase is due to a higher level of interest in
the rebate program than originally anticipated. This revised cost
estimate is based on the average number of applications submitted to
previous rebate funding opportunities. For example, EPA received over
1,000 applications for the 2012 School Bus Pilot Rebate Program. In
response, EPA lowered the rebate amounts offered for subsequent funding
opportunities however interest remains particularly high for school bus
rebates.

    Dated: August 4, 2015.
Karl Simon,
Director, Transportation and Climate Division, Office of Air and
Radiation.
[FR Doc. 2015-21022 Filed 8-24-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Proposed Rules]
[Pages 43503-43506]
[FR Doc No: 2020-15334]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0583; Product Identifier 2020-NM-071-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-14-09, which applies to all Airbus SAS Model A330-200 Freighter
series airplanes. AD 2019-14-09 requires repetitive detailed
inspections, including functional testing, of the oxygen crew and
courier distribution system (OCCDS) and replacement of affected part(s)
if necessary. Since the FAA issued AD 2019-14-09, the FAA has
determined that all affected parts must be replaced with improved
flexible oxygen hoses in order to address the unsafe condition. This
proposed AD would retain the requirements of AD 2019-14-09 and require
replacement of all affected parts with improved serviceable parts,
which is terminating action for the repetitive inspections, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
will be incorporated by reference. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 31,
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0583.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0583; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0583;
Product Identifier 2020-NM-071-AD'' at the beginning of your comments.
The most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. The FAA will consider all comments received by the closing date
and may amend this NPRM based on those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this NPRM.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to Vladimir Ulyanov, Aerospace Engineer, Large
Aircraft Section, International Validation

Branch, FAA, 2200 South 216th St., Des Moines, WA 98198. Any commentary
that the FAA receives which is not specifically designated as CBI will
be placed in the public docket for this rulemaking.

Discussion

    The FAA issued AD 2019-14-09, Amendment 39-19687 (84 FR 37957,
August 5, 2019) (``AD 2019-14-09''), which applies to all Airbus SAS
Model A330-200 Freighter series airplanes. AD 2019-14-09 requires
repetitive detailed inspections, including functional testing, of the
OCCDS and replacement of affected part(s) if necessary. The FAA issued
AD 2019-14-09 to address cracked oxygen hoses. This condition, if not
addressed, could lead to oxygen leakage in the flexible hose of the
OCCDS, which, in combination with inflight depressurization, smoke in
the flight deck, or a smoke evacuation procedure, could result in crew
injury and reduced control of the airplane.

Actions Since AD 2019-14-09 Was Issued

    Since AD 2019-14-09 was issued, improved flexible oxygen hoses were
developed, and Airbus issued additional service information providing
instructions for modifying an airplane by replacing all affected parts
with improved flexible oxygen hoses.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0092, dated April 24, 2020
(``EASA AD 2020-0092'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A330-223F and A330-243F
airplanes. EASA AD 2020-0092 supersedes EASA AD 2019-0027, dated
February 4, 2019 (``EASA AD 2019-0027'') (which corresponds to FAA AD
2019-14-09).
    EASA AD 2020-0092 clarified the applicability by identifying
airplanes having certain serial numbers instead of specifying all
airplanes because it was determined that only airplanes having serial
numbers identified in Airbus Service Bulletin A330-35-3054, dated
September 25, 2018 (which was referred to as the appropriate source of
service information for accomplishing the actions specified in EASA AD
2019-0027) are affected by the unsafe condition. The applicability of
EASA AD 2020-0092 refers to the same serial numbers as those specified
in Airbus Service Bulletin A330-35-3054, dated September 25, 2018.
    This proposed AD was prompted by reports of cracked flexible hoses
of the OCCDS on Model A330 freighter airplanes and the FAA's
determination that all affected parts must be replaced with improved
flexible oxygen hoses in order to address the unsafe condition. The FAA
is proposing this AD to address cracked oxygen hoses. This condition,
if not addressed, could lead to oxygen leakage in the flexible hose of
the OCCDS, which, in combination with in-flight depressurization, smoke
in the flight deck, or a smoke evacuation procedure, could result in
crew injury and reduced control of the airplane. See the MCAI for
additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2019-14-09, this proposed AD would retain all of the
requirements of AD 2019-14-09. Those requirements are referenced in
EASA AD 2020-0092, which, in turn, is referenced in paragraph (g) of
this proposed AD.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0092 describes procedures for repetitive detailed
inspections, including functional testing, of the OCCDS, replacement of
affected part(s) if necessary, and modification of the airplane by
replacing all remaining affected parts with improved serviceable parts.
This material is reasonably available because the interested parties
have access to it through their normal course of business or by the
means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0092 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process.
    As a result, EASA AD 2020-0092 will be incorporated by reference in
the FAA final rule. This proposed AD would, therefore, require
compliance with EASA AD 2020-0092 in its entirety, through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed AD. Using common terms that are
the same as the heading of a particular section in the EASA AD does not
mean that operators need comply only with that section. For example,
where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
the EASA AD. Service information specified in EASA AD 2020-0092 that is
required for compliance with EASA AD 2020-0092 will be available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0583 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 6 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost        Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2019-14-  14 work-hours x $85              $0  $1,190..................          $7,140
 09.                                per hour = $1,190.

New proposed actions.............  Up to 26 work-hours           9,800  Up to $12,010...........          72,060
                                    x $85 per hour =
                                    $2,210.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in our cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2019-14-09, Amendment 39-19687 (84 FR 37957, August 5, 2019), and
adding the following new AD:

Airbus SAS: Docket No. FAA-2020-0583; Product Identifier 2020-NM-
071-AD.

(a) Comments Due Date

    The FAA must receive comments by August 31, 2020.

(b) Affected ADs

    This AD replaces AD 2019-14-09, Amendment 39-19687 (84 FR 37957,
August 5, 2019) (``AD 2019-14-09'').

(c) Applicability

    This AD applies to Airbus SAS Model A330-223F and -243F
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2020-0092, dated April 24,
2020 (``EASA AD 2020-0092'').

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Reason

    This AD was prompted by reports of cracked flexible hoses of the
oxygen crew and courier distribution system (OCCDS) on Model A330
freighter airplanes. The FAA is proposing this AD to address cracked
oxygen hoses. This condition, if not addressed, could lead to oxygen
leakage in the flexible hose of the OCCDS, which, in combination
with in-flight depressurization, smoke in the flight deck, or a
smoke evacuation procedure, could result in crew injury and reduced
control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0092.

(h) Exceptions to EASA AD 2020-0092

    (1) Where EASA AD 2020-0092 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0092 refers to February 18, 2019 (the
effective date of EASA AD 2019-0027), this AD requires using
September 9, 2019 (the effective date of AD 2019-14-09).
    (3) The ``Remarks'' section of EASA AD 2020-0092 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0092 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or

inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Related Information

    (1) For information about EASA AD 2020-0092, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0583.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on July 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-15334 Filed 7-16-20; 8:45 am]
BILLING CODE 4910-13-P


Comment Info: =================

General Comment:My name is Patrick Hamilton, I am a veteran of OIF/OEF serving honorably in the Army.  I smoked from the time I was 16 till the age of 25.  I discovered the electronic cigarette and have not smoked real cigarettes in a year and a half since I've started vaping.  I believe the proposed regulations would block my ability to vape and may eventually lead me back to using cigarettes which have been proven to be much more dangerous to everybody's health. I believe that my right to chose between vaping and real cigarettes is being infringed upon and as a veteran I find this disturbing. A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days


[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Pages 401-407]
[FR Doc No: 2010-33117]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-29544; File No. 812-13816]

MetLife Insurance Company of Connecticut, et al.

December 28, 2010.
AGENCY: Securities and Exchange Commission (``Commission'').

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

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

Applicants:  MetLife Insurance Company of Connecticut (``MetLife of
CT''), MetLife of CT Separate Account Eleven for Variable Annuities
(``Separate Account Eleven''), MetLife of CT Separate Account QPN for
Variable Annuities (``Separate Account QPN''), MetLife of CT Fund UL
for Variable Life Insurance (``Fund UL''), MetLife of CT Fund UL III
for Variable Life Insurance (``Fund UL III''), MetLife of CT Separate
Account CPPVUL I (``Separate Account CPPVUL 1''), MetLife Investors
Insurance Company (``MetLife Investors''), MetLife Investors Variable
Annuity Account One (``VA Account One''), MetLife Investors Variable
Life Account One (``VL Account One''), First MetLife Investors
Insurance Company (``First MetLife Investors''), First MetLife
Investors Variable Annuity Account One (``First VA Account One''),
MetLife Investors USA Insurance Company (``MetLife Investors USA''),
MetLife Investors USA Separate Account A (``Separate Account A''),
Metropolitan Life Insurance Company (``MetLife''), Metropolitan Life
Separate Account DCVL (``Separate Account DCVL''), Metropolitan Life
Separate Account UL (``Separate Account UL''), Metropolitan Life
Variable Annuity Separate Account II (``Separate Account II''),
Security Equity Separate Account No. 13S (``SE Separate Account 13S''),
Security Equity Separate Account No. 485 (``SE Separate Account 485''),
General American Life Insurance Company (``General American''), General
American Separate Account Seven (``GA Separate Account Seven''),
General American Separate Account Eleven (``GA Separate Account
Eleven''), General American Separate Account Thirty-Three (``GA
Separate Account Thirty-Three''), (together with Separate Account
Eleven, Separate Account QPN, Fund UL, Fund UL III, Separate Account
CPPVUL 1, VA Account One, VL Account One, First VA Account One,
Separate Account A, Separate Account DCVL, Separate Account UL,
Separate Account II, SE Separate Account 13S, SE Separate Account 485,
GA Separate Account Seven, GA Separate Account Eleven, GA Separate
Account Thirty-Three, the ``Separate Accounts''), Met Investors Series
Trust (``MIST'') and Metropolitan Series Fund, Inc. (``Met Series
Fund'') (together with MIST, the ``Investment Companies''). The
Insurance Companies and the Separate Accounts are referred to as the
``Substitution Applicants.'' The Insurance Companies, the Separate
Accounts and the Investment Companies are referred to as the ``Section
17 Applicants.''

Summary of Application:  Applicants seek an order approving the
substitution of certain series of the Investment Companies for shares
of series of other unaffiliated registered investment companies held by
the Separate Accounts to fund certain group and individual variable
annuity contracts and variable life insurance policies issued by the
Insurance Companies (collectively, the ``Contracts''). The Section 17
Applicants seek an order pursuant to Section 17(b) of the Act to permit
certain in-kind transactions in connection with certain of the
Substitutions.

Filing Date:  The application was filed on August 26, 2010, and an
amended and restated application was filed on December 9, 2010 and
December 27, 2010.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Secretary of the
Commission and serving Applicants with a copy of the request personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on January 21, 2011, and should be accompanied by proof of
service on Applicants, in the form of an affidavit or for lawyers a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request and the issue contested.
Persons may request notification of a hearing by writing to the
Secretary of the Commission.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090. Applicants c/o Paul G. Cellupica, Chief
Counsel--Securities Regulation and Corporate Services, MetLife Group,
1095 Avenue of the Americas, 40th Floor, New York, NY 10036 and David
C. Mahaffey, Esq., Sullivan & Worcester LLP, 1666 K Street, NW.,
Washington, DC 20006.

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

SUPPLEMENTARY INFORMATION: The following is a summary of the
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. MetLife of CT is a stock life insurance company organized in
1863 under the laws of Connecticut. MetLife Investors is a stock life
insurance company organized on August 17, 1981 under the laws of
Missouri. First MetLife Investors is a stock life insurance company
organized on December 31, 1992 under the laws of New York. MetLife
Investors USA is a stock life insurance company organized on September
13, 1960 under the laws of Delaware. MetLife is a stock life insurance
company organized in 1868 under the laws of New York. General American
is a stock life insurance company organized in 1933 under the laws of
Missouri.
    2. Separate Account Eleven, Fund UL, Fund UL III, VA Account One,
VL Account One, First VA Account One, Separate Account A, Separate
Account UL, Separate Account II, SE Separate Account 13S and GA
Separate Account Eleven are registered under the Act as unit investment
trusts for the purpose of funding the Contracts. Security interests
under the Contracts have been registered under the Securities Act of
1933.
    3. Separate Account QPN is exempt from registration under the Act.
Security interests under the Contracts have been

registered under the Securities Act of 1933.
    4. Separate Account CPPVUL1, Separate Account DCVL, Separate
Account 485, GA Separate Account Seven and GA Separate Account Thirty-
Three serve as separate account funding vehicles for certain Contracts
that are exempt from registration under Section 4(2) of the Securities
Act of 1933 and Regulation D thereunder.
    5. Although Separate Account QPN, Separate Account CPPVUL1,
Separate Account DCVL, Separate Account 485, GA Separate Account Seven
and GA Separate Account Thirty-Three are exempt from registration under
the Act, they would be subject to the investment limitations of Section
12 but for the exclusion contained in Section 12(d)(1)(E) of the Act.
To rely on such exclusion, an investment company that is not a
registered investment company must, among other things, agree to
refrain from substituting a security unless the Commission approves the
substitution in the manner provided in Section 26 of the Act.
    6. MIST and Met Series Fund are each registered under the Act as
open-end management investment companies of the series type, and their
securities are registered under the Securities Act of 1933. Metlife
Advisers, LLC serves as investment adviser to MIST and Met Series Fund.
    7. The Contracts permit the applicable Insurance Company, subject
to compliance with applicable law, to substitute shares of another
investment company for shares of an investment company held by a sub-
account of the Separate Accounts. The prospectuses for the Contracts
and the Separate Accounts contain appropriate disclosures of this
right. File numbers for the Contracts, the Separate Accounts and the
Investment Companies are set forth in the application.
    8. Each Insurance Company, on its behalf and on behalf of the
Separate Accounts proposes to make certain substitutions of shares of
11 funds (the ``Existing Funds'') held in sub-accounts of its
respective Separate Accounts for certain series (the ``Replacement
Funds'') of MIST and Met Series Fund.
    9. The proposed substitutions are as follows: (a) Third Avenue
Small Cap Value Portfolio for Delaware VIP Small Cap Value Series; (b)
RCM Technology Portfolio for Janus Aspen Global Technology Portfolio;
(c) Davis Venture Value Portfolio for Legg Mason ClearBridge Variable
Capital Portfolio; (d) MFS Research International Portfolio for Legg
Mason Global Currents Variable International All Cap Opportunity
Portfolio; (e) Western Asset Management Strategic Bond Opportunities
Portfolio for Legg Mason Western Asset Variable Diversified Strategic
Income Portfolio; (f) Western Asset Management Strategic Bond
Opportunities Portfolio for Legg Mason Western Asset Variable Strategic
Bond Portfolio; (g) PIMCO Total Return Portfolio for Pioneer Bond VCT
Portfolio; (h) Pioneer Fund Portfolio for Pioneer Fund VCT Portfolio;
(i) Met/Templeton Growth Portfolio for Templeton Growth Securities
Fund; (j) Met/Templeton Growth Portfolio for Templeton Growth Fund,
Inc.; (k) Van Eck Global Natural Resources Portfolio for Van Eck VIP
Global Hard Assets Fund.
    10. The following is a summary of the investment objectives and
policies of each Existing Fund and its corresponding Replacement Fund.
Additional information including asset sizes, risk factors and
comparative performance history for each Existing Fund and Replacement
Fund can be found in the Application.

------------------------------------------------------------------------
             Existing fund                       Replacement fund
------------------------------------------------------------------------
Delaware VIP Small Cap Value Series--    Third Avenue Small Cap Value
 seeks capital appreciation. The Series   Portfolio--seeks long-term
 invests at least 80% of its assets in    capital appreciation. The
 investments of small companies whose     Portfolio invests at least 80%
 stock prices appear low relative to      of its assets in equity
 their underlying value or future         securities of well-financed
 potential.                               small companies (meaning
                                          companies with high quality
                                          assets and a relative absence
                                          of liabilities) at a discount
                                          to what the subadviser
                                          believes is the intrinsic
                                          value.
Janus Aspen Global Technology            RCM Technology Portfolio--seeks
 Portfolio--seeks long-term growth of     capital appreciation; no
 capital. The Portfolio invests, under    consideration is given to
 normal circumstances, at least 80% of    income. The Portfolio invests,
 its net assets in securities of          under normal circumstances, at
 companies that the adviser believes      least 80% of its assets in
 will benefit significantly from          common stocks of companies
 advances or improvements in              which utilize new, creative or
 technology.                              different, or ``innovative''
                                          technologies.
Legg Mason ClearBridge Variable Capital  Davis Venture Value Portfolio--
 Portfolio--seeks capital appreciation    seeks growth of capital. The
 through investment in securities which   Portfolio invests, under
 the portfolio manager believes have      normal circumstances, the
 above-average capital appreciation       majority of its assets in
 potential.                               equity securities of companies
                                          with market capitalizations of
                                          at least $10 billion.
Legg Mason Global Currents Variable      MFS Research International
 International All Cap Opportunity        Portfolio--seeks capital
 Portfolio--seeks total return on its     appreciation. The Portfolio
 assets from growth of capital and        invests, under normal
 income. Normally, the Portfolio          circumstances, primarily in
 invests 80% of its net assets in a       foreign equity securities,
 diversified portfolio of equity          including emerging market
 securities of foreign companies and      equity securities.
 invests substantially all of its
 assets outside of the United States.
Legg Mason Western Asset Variable        Western Asset Management
 Diversified Strategic Income             Strategic Bond Opportunities
 Portfolio--seeks high current income.    Portfolio--seeks to maximize
 The Portfolio normally invests in        total return consistent with
 fixed income securities, including       preservation of capital. The
 related securities and instruments.      Portfolio invests, under
                                          normal circumstances, at least
                                          80% of its assets in three
                                          classes of bonds and other
                                          fixed-income securities.
Legg Mason Western Asset Variable        Western Asset Management
 Strategic Bond Portfolio--seeks to       Strategic Bond Opportunities
 maximize current income consistent       Portfolio--seeks to maximize
 with preservation of capital. Under      total return consistent with
 normal circumstances, the Portfolio      preservation of capital. The
 invests at least 80% of its assets in    Portfolio invests, under
 fixed income securities and related      normal circumstances, at least
 instruments.                             80% of its assets in three
                                          classes of bonds and other
                                          fixed-income securities.
Pioneer Bond VCT Portfolio--seeks to     PIMCO Total Return Portfolio--
 provide current income from an           seeks maximum total return,
 investment grade portfolio with due      consistent with the
 regard to preservation of capital and    preservation of capital and
 prudent investment risk.                 prudent investment management.
Pioneer Fund VCT Portfolio--seeks        Pioneer Fund Portfolio--seeks
 reasonable income and capital growth.    reasonable income and capital
 The Portfolio primarily invests in       growth. The Portfolio normally
 securities of U.S. issuers.              invests substantially in
                                          equity securities, primarily
                                          of U.S. issuers.

Templeton Growth Securities Fund--seeks  Met/Templeton Growth Portfolio--
 long-term capital growth. The Fund       seeks long-term capital
 normally invests in the equity           growth. The Portfolio, under
 securities of companies located          normal circumstances,
 anywhere in the world, including         primarily invests in the
 emerging markets.                        equity securities of companies
                                          of various market
                                          capitalizations located
                                          anywhere in the world,
                                          including emerging markets.
Templeton Growth Fund, Inc.--seeks long- Met/Templeton Growth Portfolio--
 term capital growth. The Fund, under     seeks long-term capital
 normal circumstances, primarily          growth. The Portfolio, under
 invests in the equity securities and     normal circumstances,
 companies of various market              primarily invests in the
 capitalizations located anywhere in      equity securities of companies
 the world, including emerging markets.   of various market
                                          capitalizations located
                                          anywhere in the world,
                                          including emerging markets.
Van Eck VIP Global Hard Assets Fund--    Van Eck Global Natural
 seeks long-term capital appreciation     Resources Portfolio--seeks
 by investing primarily in hard-asset     long-term capital appreciation
 securities. Income is a secondary        with income as a secondary
 consideration.                           consideration. Under normal
                                          market conditions, the
                                          Portfolio invests at least 80%
                                          of its net assets in
                                          securities of natural resource
                                          companies and in instruments
                                          that derive their value from
                                          natural resources.
------------------------------------------------------------------------

    11. The management fees, 12b-1 fees (if applicable), other expenses
and total operating expenses for each Existing (``Old Fund'') and
Replacement Fund (``New Fund'') are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                Waiver/
                                    Management      12b-1 fees         Other        Reimbursemt        Total
                                     fees  (%)          (%)        expenses  (%)        (%)        expenses  (%)
----------------------------------------------------------------------------------------------------------------
New Fund: Third Avenue Small Cap             .74  ..............             .04  ..............             .78
 Portfolio--Class A.............
Old Fund: Delaware VIP Small Cap             .74  ..............             .11  ..............             .85
 Value Series--Standard Class...
New Fund: Third Avenue Small Cap             .74             .25             .04  ..............            1.03
 Portfolio--Class B.............
Old Fund: Delaware VIP Small Cap             .74             .30             .11             .05            1.10
 Value Series--Service Class....
New Fund: RCM Technology                     .88             .25             .08  ..............            1.21
 Portfolio--Class B.............
Old Fund: Janus Aspen Global                 .64             .25             .33  ..............            1.22
 Technology Portfolio--Service
 Class..........................
New Fund: Davis Venture Value                .71       .25 (.50)             .03             .05             .94
 Portfolio--Class B.............
Old Fund: Legg Mason ClearBridge             .75             .25             .14             .14            1.00
 Variable Capital Portfolio.....
New Fund: MFS Research                       .71       .25 (.50)             .10  ..............            1.06
 International Portfolio--Class
 B..............................
Old Fund: Legg Mason Global                  .85  ..............             .25  ..............            1.10
 Currents Variable International
 All Cap Opportunity Portfolio..
New Fund: Western Asset                      .62       .25 (.50)             .07             .04             .90
 Management Strategic Bond
 Opportunities Portfolio--Class
 B..............................
Old Fund: Legg Mason Western                 .65  ..............             .30  ..............             .95
 Asset Variable Diversified
 Strategic Income Portfolio.....
New Fund: Western Asset                      .62       .25 (.50)             .07             .04             .90
 Management Strategic Bond
 Opportunities Portfolio--Class
 B..............................
Old Fund: Legg Mason Western                  65  ..............             .31  ..............             .96
 Asset Variable Strategic Bond
 Portfolio--Class I.............
New Fund: PIMCO Total Return                 .48       .25 (.50)             .04  ..............             .77
 Portfolio--Class B.............
Old Fund: Pioneer Bond VCT                   .50             .25             .26             .14             .87
 Portfolio--Class II............
New Fund: Pioneer Fund                       .66       .25 (.50)             .08  ..............             .99
 Portfolio--Class B.............
Old Fund: Pioneer Fund VCT                   .65             .25             .09  ..............             .99
 Portfolio--Class II............
New Fund: Met/Templeton Growth               .69  ..............             .18             .07             .80
 Portfolio--Class A.............
Old Fund: Templeton Growth                   .75  ..............             .04  ..............             .79
 Securities Fund--Class 1.......
New Fund: Met/Templeton Growth               .69       .25 (.50)             .18             .07            1.05
 Portfolio--Class B.............
Old Fund: Templeton Growth                   .75             .25             .04  ..............            1.04
 Securities Fund--Class 2.......
New Fund: Met/Templeton Growth               .69       .15 (.25)             .18             .07             .95
 Portfolio--Class E.............
Old Fund: Templeton Growth Fund--            .59             .25             .28  ..............            1.12
 Class A........................
New Fund: Van Eck Global Natural             .79  ..............             .08  ..............             .87
 Resources Portfolio--Class A...
Old Fund: Van Eck VIP Global                 .96  ..............             .15  ..............            1.11
 Hard Assets Fund--Initial Class
----------------------------------------------------------------------------------------------------------------

    12. MetLife Advisers, LLC is the adviser of each of the Replacement
Funds. Each Replacement Fund currently offers up to four classes of
shares, three of which, Class A, Class B and Class E are involved in
the substitutions.
    13. The Applicants believe the substitutions will provide
significant benefits to Contract owners, including improved selection
of sub-advisers and simplification of fund offerings through the
elimination of overlapping offerings.
    14. As a result of the substitutions, the number of investment
options offered under substantially all of the Contracts will not
change (currently ranges in number from 12 to 121). For the limited
number of Contracts that will experience a reduction in the number of
available investment options, no contract will ever be reduced by more
than 2 investment options after the substitutions.
    15. Those substitutions which replace investment options advised by
investment advisers that are not

affiliated with the Substitution Applicants with funds for which
MetLife Advisers, LLC acts as investment adviser will permit each
adviser, under the Multi-Manager Order, [IC-22824 (1997) and IC-23859
(1999)], to hire, monitor and replace sub-advisers as necessary to
achieve optimal performance.
    16. Contract owners with sub-account balances invested (through the
separate account) in shares of the Replacement Funds, except for the
Templeton Growth Securities Fund/Met/Templeton Growth Portfolio
substitution, will have the same or lower total expense ratios taking
into account fund expenses and current fee waivers.
    17. In the following substitutions, the management fee and/or
applicable Rule 12b-1 fee of the Replacement Fund are either currently
higher, or, at certain management fee breakpoints, may be higher than
those of the respective Existing Fund: Delaware VIP Small Cap Value
Series/Third Avenue Small Cap Value Portfolio; Janus Aspen Global
Technology Portfolio/RCM Technology Portfolio; Legg Mason Global
Currents Variable International All Cap Opportunity Portfolio/MFS
Research International Portfolio; Legg Mason Western Asset Variable
Diversified Strategic Income Portfolio/Western Asset Management
Strategic Bond Opportunities Portfolio; Legg Mason Western Asset
Variable Strategic Bond Portfolio/Western Asset Management Strategic
Bond Opportunities Portfolio; Pioneer Fund VCT Portfolio/Pioneer Fund
Portfolio; Templeton Growth Fund, Inc./Met/Templeton Growth Portfolio;
and Templeton Growth Securities Fund/Met/Templeton Growth Portfolio.
    18. The Substitution Applicants propose to limit Contract charges
attributable to Contract value invested in the Replacement Funds
following the proposed substitutions to a rate that would offset the
difference in the expense ratio between each Existing Fund's net
expense ratio and the net expense ratio for the respective Replacement
Fund.
    19. Except for the Templeton Growth Securities Fund/Met/Templeton
Growth Portfolio substitution where there is an increase in net
expenses after waivers of 0.01% and the Pioneer Fund VCT Portfolio/
Pioneer Fund Portfolio where there is no increase or decrease in net
expense ratios, after waivers, the substitutions will result in
decreased net expense ratios, after waivers, ranging from 1 basis point
to 24 basis points. Moreover, there will be no increase in Contract
fees and expenses, including mortality and expense risk fees and
administration and distribution fees charged to the Separate Accounts
as a result of the substitutions.
    20. The Substitution Applicants believe that the Replacement Funds
have investment objectives, policies and risk profiles, as described in
their prospectuses, that are substantially the same as, or sufficiently
similar to, the corresponding Existing Funds to make those Replacement
Funds appropriate candidates as substitutes.
    21. In addition, after the substitutions, neither MetLife Advisers,
LLC nor any of their affiliates will receive compensation from the
charges to the Separate Accounts related to the Contracts or from Rule
12b-1 fees or revenue sharing from the Replacement Funds in excess of
the compensation currently received from the investment advisers or
distributors of the Existing Funds.
    22. The share classes of the Replacement Funds are either identical
to or less than the share classes of the Existing Funds with respect to
the imposition of Rule 12b-1 fees currently imposed, except with
respect to the substitution of MFS Research International Portfolio
(Class B shares--0.25%) for Legg Mason Global Currents Variable
International All Cap Opportunity Portfolio (single share class--0%);
Western Asset Management Strategic Bond Opportunities Portfolio (Class
B shares--0.25%) for Legg Mason Western Asset Variable Diversified
Strategic Income Portfolio (single share class--0%); Western Asset
Management Strategic Bond Opportunities Portfolio (Class B shares--
0.25%) for Legg Mason Western Asset Variable Strategic Bond Portfolio
(Class I--0%).
    23. Each MIST and Met Series Fund Replacement Fund's Class B shares
Rule 12b-1 fees can be raised to 0.50%, each MIST Replacement Fund's
Class E shares Rule 12b-1 fees can be raised to 0.25% and each Met
Series Fund Replacement Fund's Class E shares Rule 12b-1 fees can be
raised to 0.50% of net assets by the Replacement Fund's Board of
Directors/Trustees without shareholder approval. However, Met Series
Fund and MIST represent that Rule 12b-1 fees of the Class B and Class E
shares of the Replacement Funds issued in connection with the proposed
substitutions will not be raised above the current rate without
approval of a majority in interest of the respective Replacement Funds'
shareholders after the substitutions.
    24. The distributors of the Existing Funds pay to the Insurance
Companies, or their affiliates, any 12b-1 fees associated with the
class of shares sold to the Separate Accounts. Similarly, the
distributors for MIST and Met Series Fund will receive from the
applicable class of shares held by the Separate Accounts Rule 12b-1
fees in the same amount or a lesser amount than the amount paid by the
Existing Funds, except as described above.
    25. Further, in addition to any Rule 12b-1 fees, the investment
advisers or distributors of the Existing Funds pay the Insurance
Companies or one of their affiliates from 0 to 50 basis points for the
Existing Funds' classes of shares involved in the substitutions.
Following the substitutions, these payments will not be made on behalf
of the Replacement Funds. Rather, the Insurance Companies or their
affiliates will have available both the 25 and 15 basis points in Rule
12b-1 fees from the Replacement Funds (with respect to Class B and
Class E shares, respectively) and, as owners of the Replacement Funds'
adviser, profit distributions from the adviser. These profits from
investment advisory fees may be more or less than the fees being paid
by the Existing Funds.

Applicants' Legal Analysis and Conditions

    1. The Substitution Applicants request that the Commission issue an
order pursuant to Section 26(c) of the Act approving the proposed
substitutions.
    2. Applicants represent that the Contracts permit the applicable
Insurance Company, subject to compliance with applicable law, to
substitute shares of another investment company for shares of an
investment company held by a sub-account of the Separate Accounts. The
prospectuses for the Contracts and the Separate Accounts contain
appropriate disclosure of this right.
    3. By a supplement to the prospectuses for the Contracts and the
Separate Accounts, each Insurance Company has notified all owners of
the Contracts of its intention to take the necessary actions, including
seeking the order requested by this Application, to substitute shares
of the funds as described herein. The supplement has advised Contract
owners that from the date of the supplement until the date of the
proposed substitution, owners are permitted to make one transfer of
Contract value (or annuity unit exchange) out of the Existing Fund sub-
account to one or more other sub-accounts without the transfer (or
exchange) being treated as one of a limited number of permitted
transfers (or exchanges) or a limited number of transfers (or
exchanges) permitted without a transfer charge. The

supplement also has informed Contract owners that the Insurance Company
will not exercise any rights reserved under any Contract to impose
additional restrictions on transfers until at least 30 days after the
proposed substitutions. The supplement has also advised Contract owners
that for at least 30 days following the proposed substitutions, the
Insurance Companies will permit Contract owners affected by the
substitutions to make one transfer of Contract value (or annuity unit
exchange) out of the Replacement Fund sub-account to one or more other
sub-accounts without the transfer (or exchange) being treated as one of
a limited number of permitted transfers (or exchanges) or a limited
number of transfers (or exchanges) permitted without a transfer charge.
    4. The proposed substitutions will take place at relative net asset
value with no change in the amount of any Contract owner's Contract
value, cash value, or death benefit or in the dollar value of his or
her investment in the Separate Accounts.
    5. The process for accomplishing the transfer of assets from each
Existing Fund to its corresponding Replacement Fund will be determined
on a case-by-case basis. In most cases, it is expected that the
substitutions will be effected by redeeming shares of an Existing Fund
for cash and using the cash to purchase shares of the Replacement Fund.
In certain other cases, it is expected that the substitutions will be
effected by redeeming the shares of an Existing Fund in-kind; those
assets will then be contributed in-kind to the corresponding
Replacement Fund to purchase shares of that Fund. All in-kind
redemptions from an Existing Fund of which any of the Substitution
Applicants is an affiliated person will be effected in accordance with
the conditions set forth in the Commission's no-action letter issued to
Signature Financial Group, Inc. (available December 28, 1999).
    6. Contract owners will not incur any fees or charges as a result
of the proposed substitutions, nor will their rights or an Insurance
Company's obligations under the Contracts be altered in any way. All
expenses incurred in connection with the proposed substitutions,
including brokerage, legal, accounting, and other fees and expenses,
will be paid by the Insurance Companies. In addition, the proposed
substitutions will not impose any tax liability on Contract owners. The
proposed substitutions will not cause the Contract fees and charges
currently being paid by existing Contract owners to be greater after
the proposed substitutions than before the proposed substitutions. No
fees will be charged on the transfers made at the time of the proposed
substitutions, because the proposed substitutions will not be treated
as a transfer for the purpose of assessing transfer charges or for
determining the number of remaining permissible transfers in a Contract
year.
    7. In addition to the prospectus supplements distributed to owners
of Contracts, within five business days after the proposed
substitutions are completed, Contract owners will be sent a written
notice informing them that the substitutions were carried out and that
they may make one transfer of all Contract value or cash value under a
Contract invested in any one of the sub-accounts on the date of the
notice to one or more other sub-accounts available under their Contract
at no cost and without regard to the usual limit on the frequency of
transfers among sub-accounts or from the variable account options to
the fixed account options. The notice will also reiterate that (other
than with respect to ``market timing'' activity) the Insurance Company
will not exercise any rights reserved by it under the Contracts to
impose additional restrictions on transfers or to impose any charges on
transfers until at least 30 days after the proposed substitutions. The
Insurance Companies will also send each Contract owner current
prospectuses for the Replacement Funds involved to the extent that they
have not previously received a copy.
    8. Each Insurance Company also is seeking approval of the proposed
substitutions from any State insurance regulators whose approval may be
necessary or appropriate.
    9. The Substitution Applicants agree that for those who were
Contract owners on the date of the proposed substitutions, the
Insurance Companies will reimburse, on the last business day of each
fiscal period (not to exceed a fiscal quarter) during the twenty-four
months following the date of the proposed substitutions, those Contract
owners whose sub-account invests in the Replacement Fund such that the
sum of the Replacement Fund's net operating expenses (taking into
account fee waivers and expense reimbursements) and sub-account
expenses (asset-based fees and charges deducted on a daily basis from
sub-account assets and reflected in the calculation of sub-account unit
values) for such period will not exceed, on an annualized basis, the
sum of the Existing Fund's net operating expenses taking into account
fee waivers and expense reimbursements and sub-account expenses for
fiscal year 2009, except with respect to the Delaware VIP Small Cap
Value Series/Third Avenue Small Cap Value Portfolio, Janus Aspen Global
Technology Portfolio/RCM Technology Portfolio, Legg Mason Global
Currents Variable International All Cap Opportunity Portfolio/MFS
Research International Portfolio, Legg Mason Western Asset Variable
Diversified Strategic Income Portfolio/Western Asset Management
Strategic Bond Opportunities Portfolio, Legg Mason Western Asset
Variable Strategic Bond Portfolio/Western Asset Management Strategic
Bond Opportunities Portfolio, Pioneer Fund VCT Portfolio/Pioneer Fund
Portfolio, Templeton Growth Fund, Inc./Met/Templeton Growth Portfolio,
and Templeton Growth Securities Fund/Met/Templeton Growth Portfolio
substitutions.
    10. With respect to the Delaware VIP Small Cap Value Series/Third
Avenue Small Cap Value Portfolio, Janus Aspen Global Technology
Portfolio/RCM Technology Portfolio, Legg Mason Global Currents Variable
International All Cap Opportunity Portfolio/MFS Research International
Portfolio, Legg Mason Western Asset Variable Diversified Strategic
Income Portfolio/Western Asset Management Strategic Bond Opportunities
Portfolio, Legg Mason Western Asset Variable Strategic Bond Portfolio/
Western Asset Management Strategic Bond Opportunities Portfolio,
Pioneer Fund VCT Portfolio/Pioneer Fund Portfolio substitutions,
Templeton Growth Fund, Inc./Met/Templeton Growth Portfolio, and
Templeton Growth Securities Fund/Met/Templeton Growth Portfolio
substitutions, the reimbursement agreement with respect to the
Replacement Fund's operating expenses and sub-account expenses, will
extend for the life of each Contract outstanding on the date of the
proposed substitutions.
    11. The Substitution Applicants further agree that, except with
respect to the Delaware VIP Small Cap Value Series/Third Avenue Small
Cap Value Portfolio, Janus Aspen Global Technology Portfolio/RCM
Technology Portfolio, Legg Mason Global Currents Variable International
All Cap Opportunity Portfolio/MFS Research International Portfolio,
Legg Mason Western Asset Variable Diversified Strategic Income
Portfolio/Western Asset Management Strategic Bond Opportunities
Portfolio, Legg Mason Western Asset Variable Strategic Bond Portfolio/
Western Asset Management Strategic Bond Opportunities Portfolio,

Pioneer Fund VCT Portfolio/Pioneer Fund Portfolio, Templeton Growth
Fund, Inc./Met/Templeton Growth Portfolio and Templeton Growth
Securities Fund/Met/Templeton Growth Portfolio substitutions, 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 years
from the date of the substitutions.
    12. With respect to the Delaware VIP Small Cap Value Series/Third
Avenue Small Cap Value Portfolio, Janus Aspen Global Technology
Portfolio/RCM Technology Portfolio, Legg Mason Global Currents Variable
International All Cap Opportunity Portfolio/MFS Research International
Portfolio, Legg Mason Western Asset Variable Diversified Strategic
Income Portfolio/Western Asset Management Strategic Bond Opportunities
Portfolio, Legg Mason Western Asset Variable Strategic Bond Portfolio/
Western Asset Management Strategic Bond Opportunities Portfolio,
Pioneer Fund VCT Portfolio/Pioneer Fund Portfolio, Templeton Growth
Fund, Inc./Met/Templeton Growth Portfolio, and Templeton Growth
Securities Fund/Met/Templeton Growth Portfolio substitutions, 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.
    13. In each case, the applicable Insurance Companies believe that
it is in the best interests of the Contract owners to substitute the
Replacement Fund for the Existing Fund. The Insurance Companies believe
that in cases where the Replacement Fund has a new sub-adviser, the new
sub-adviser will, over the long term, be positioned to provide at least
comparable performance to that of the Existing Fund's sub-adviser.
    14. The Substitution Applicants anticipate that Contract owners
will be better off with the array of sub-accounts offered after the
proposed substitutions than they have been with the array of sub-
accounts offered prior to the substitutions.
    15. The Substitution Applicants submit that none of the proposed
substitutions is of the type that Section 26(c) was designed to
prevent.
    16. The Substitution Applicants request an order of the Commission
pursuant to Section 26(c) of the Act approving the proposed
substitutions by the Insurance Companies.
    17. The Section 17 Applicants request an order under Section 17(b)
exempting them from the provisions of Section 17(a) to the extent
necessary to permit the Insurance Companies to carry out each of the
proposed substitutions.
    18. Section 17(a)(1) of the Act, in relevant part, prohibits any
affiliated person of a registered investment company, or any affiliated
person of such person, acting as principal, from knowingly selling any
security or other property to that company. Section 17(a)(2) of the Act
generally prohibits the persons described above, acting as principals,
from knowingly purchasing any security or other property from the
registered company.
    19. Because shares held by a separate account of an insurance
company are legally owned by the insurance company, the Insurance
Companies and their affiliates collectively own of record substantially
all of the shares of MIST and Met Series Fund. Therefore, MIST and Met
Series Fund and their respective funds are arguably under the control
of the Insurance Companies notwithstanding the fact that Contract
owners may be considered the beneficial owners of those shares held in
the Separate Accounts. If MIST and Met Series Fund and their respective
funds are under the control of the Insurance Companies, then each
Insurance Company is an affiliated person or an affiliated person of an
affiliated person of MIST and Met Series Fund and their respective
funds. If MIST and Met Series Fund and their respective funds are under
the control of the Insurance Companies, then MIST and Met Series Fund
and their respective funds are affiliated persons of the Insurance
Companies.
    20. Regardless of whether or not the Insurance Companies can be
considered to control MIST and Met Series Fund and their respective
funds, because the Insurance Companies own of record more than 5% of
the shares of each of them and are under common control with each
Replacement Fund's investment adviser, the Insurance Companies are
affiliated persons of both MIST and Met Series Fund and their
respective funds. Likewise, their respective funds are each an
affiliated person of the Insurance Companies.
    21. The Insurance Companies, through their separate accounts in the
aggregate own more than 5% of the outstanding shares of the following
Existing Funds: Janus Aspen Global Technology Portfolio, Legg Mason
Clearbridge Variable Capital Portfolio, Legg Mason Global Currents
Variable International All Cap Opportunity Portfolio, Legg Mason
Western Asset Variable Diversified Strategic Income Portfolio, Legg
Mason Western Asset Variable Strategic Bond Portfolio, Pioneer Bond VCT
Portfolio and Pioneer Fund VCT Portfolio. Therefore, each Insurance
Company is an affiliated person of those funds.
    22. Because the substitutions may be effected, in whole or in part,
by means of in-kind redemptions and purchases, the substitutions may be
deemed to involve one or more purchases or sales of securities or
property between affiliated persons. The proposed transactions may
involve a transfer of portfolio securities by the Existing Funds to the
Insurance Companies; immediately thereafter, the Insurance Companies
would purchase shares of the Replacement Funds with the portfolio
securities received from the Existing Funds. Accordingly, as the
Insurance Companies and certain of the Existing Funds listed above, and
the Insurance Companies and the Replacement Funds, could be viewed as
affiliated persons of one another under Section 2(a)(3) of the Act, it
is conceivable that this aspect of the substitutions could be viewed as
being prohibited by Section 17(a).
    23. Section 17(b) of the Act provides that the Commission may, upon
application, grant an order exempting any transaction from the
prohibitions of Section 17(a) if the evidence establishes that: (a) The
terms of the proposed transaction, including the consideration to be
paid or received, are reasonable and fair and do not involve
overreaching on the part of any person concerned; (b) the proposed
transaction is consistent with the policy of each registered investment
company concerned, as recited in its registration statement and records
filed under the Act; and (c) the proposed transaction is consistent
with the general purposes of the Act.
    24. The Section 17 Applicants submit that for all the reasons
stated above the terms of the proposed in-kind purchases of shares of
the Replacement Funds by the Insurance Companies, including the
consideration to be paid and received, as described in this
Application, are reasonable and fair and do not involve overreaching on
the part of any person concerned. The Section 17 Applicants also submit
that the proposed in-kind purchases by the Insurance Companies are
consistent with the policies of: (a) MIST and of its Third Avenue Small
Cap Value, RCM Technology, Met/Templeton Growth, MFS Research
International, PIMCO Total Return, and Pioneer Fund Portfolios; and (b)
Met Series Fund and of its Davis Venture Value, Western Asset
Management Strategic Bond Opportunities and Van Eck Global Natural
Resources Portfolios,

as recited in the current registration statements and reports filed by
each under the Act. Finally, the Section 17 Applicants submit that the
proposed substitutions are consistent with the general purposes of the
Act.
    25. To the extent that the in-kind purchases by the Insurance
Company of the Replacement Funds' shares are deemed to involve
principal transactions among affiliated persons, the procedures
described below should be sufficient to assure that the terms of the
proposed transactions are reasonable and fair to all participants. The
Section 17 Applicants maintain that the terms of the proposed in-kind
purchase transactions, including the consideration to be paid and
received by each fund involved, are reasonable, fair and do not involve
overreaching principally because the transactions will conform with all
but one of the conditions enumerated in Rule 17a-7. The proposed
transactions will take place at relative net asset value in conformity
with the requirements of Section 22(c) of the Act and Rule 22c-1
thereunder with no change in the amount of any Contract owner's
contract value or death benefit or in the dollar value of his or her
investment in any of the Separate Accounts. Contract owners will not
suffer any adverse tax consequences as a result of the substitutions.
The fees and charges under the Contracts will not increase because of
the substitutions. Even though the Separate Accounts, the Insurance
Companies, MIST and Met Series Fund may not rely on Rule 17a-7, the
Section 17 Applicants believe that the Rule's conditions outline the
type of safeguards that result in transactions that are fair and
reasonable to registered investment company participants and preclude
overreaching in connection with an investment company by its affiliated
persons. In addition, as stated above, the in-kind redemptions will
only be made in accordance with the conditions set out in the Signature
Financial Group no-action letter (December 29, 1999).
    26. The boards of MIST and Met Series Fund have adopted procedures,
as required by paragraph (e)(1) of Rule 17a-7, pursuant to which the
series of each may purchase and sell securities to and from their
affiliates. The Section 17 Applicants will carry out the proposed
Insurance Company in-kind purchases in conformity with all of the
conditions of Rule 17a-7 and each series' procedures thereunder, except
that the consideration paid for the securities being purchased or sold
may not be entirely cash. Nevertheless, the circumstances surrounding
the proposed substitutions will be such as to offer the same degree of
protection to each Replacement Fund from overreaching that Rule 17a-7
provides to them generally in connection with their purchase and sale
of securities under that Rule in the ordinary course of their business.
In particular, the Insurance Companies (or any of their affiliates)
cannot effect the proposed transactions at a price that is
disadvantageous to any of the Replacement Funds. Although the
transactions may not be entirely for cash, each will be effected based
upon (1) the independent market price of the portfolio securities
valued as specified in paragraph (b) of Rule 17a-7, and (2) the net
asset value per share of each fund involved valued in accordance with
the procedures disclosed in its respective investment company
registration statement and as required by Rule 22c-1 under the Act. No
brokerage commission, fee, or other remuneration will be paid to any
party in connection with the proposed in kind purchase transactions.
    27. The sale of shares of Replacement Funds for investment
securities, as contemplated by the proposed Insurance Company in-kind
purchases, is consistent with the investment policies and restrictions
of the Investment Companies and the Replacement Funds because (a) the
shares are sold at their net asset value, and (b) the portfolio
securities are of the type and quality that the Replacement Funds would
each have acquired with the proceeds from share sales had the shares
been sold for cash. To assure that the second of these conditions is
met, MetLife Advisers, LLC and the sub-adviser, as applicable, will
examine the portfolio securities being offered to each Replacement Fund
and accept only those securities as consideration for shares that it
would have acquired for each such fund in a cash transaction.
    28. The Section 17 Applicants submit that the proposed Insurance
Company in-kind purchases are consistent with the general purposes of
the Act as stated in the Findings and Declaration of Policy in Section
1 of the Act and that the proposed transactions do not present any of
the conditions or abuses that the Act was designed to prevent.
    29. The Section 17 Applicants request that the Commission issue an
order pursuant to Section 17(b) of the Act exempting the Separate
Accounts, the Insurance Companies, MIST, Met Series Fund and each
Replacement Fund from the provisions of Section 17(a) of the Act to the
extent necessary to permit the Insurance Companies on behalf of the
Separate Accounts to carry out, as part of the substitutions, the in-
kind purchase of shares of the Replacement Funds which may be deemed to
be prohibited by Section 17(a) of the Act.

Conclusion

    Applicants assert that for the reasons summarized above that the
proposed substitutions and related transactions meet the standards of
Section 26(c) of the Act and are consistent with the standards of
Section 17(b) of the Act and that the requested orders should be
granted.

    For the Commission, by the Division of Investment Management
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-33117 Filed 1-3-11; 8:45 am]
BILLING CODE 8011-01-P