Appendix II. F. 1 Temporal Exposure Profile Plot for Florida Central Ridge Ground Water Figure II. F. 1 1 Cumulative MOEs for Children 1 2 in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 1 15 29 43 57 71 85 99 113 127 141 155 169 183 197 211 225 239 253 267 281 295 309 323 337 351 Julian Days MOEs at the 95th Percentile Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE Food MOE Drinking Water MOE Figure II. F. 1 2 Cumulative MOEs for Children 1 2 in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 100000 1000000 1 15 29 43 57 71 85 99 113 127 141 155 169 183 197 211 225 239 253 267 281 295 309 323 337 351 Julian Days MOEs at the 99th Percentile Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE Food MOE Drinking Water MOE Figure II. F. 1 3 Cumulative MOEs for Children 1 2 in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 100000 4 13 22 31 40 49 5867 76 8594 103 112121 130 139148 157 166175 184 193202 211220229 238247256 265 274 283 292301310 319328337 346355 364 Julian Days MOEs at the 99.9th Percentile Food MOE Drinking Water MOE Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE Figure II. F. 1 4 Cumulative MOEs for Children 3 5 in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 1 15 29 43 57 71 85 99 113 127 141 155 169 183 197 211 225 239 253 267 281 295 309 323 337 351 Julian Days MOEs at the 95th Percentile Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE Food MOE Drinking Water MOE Figure II. F. 1 5 Cumulative MOEs for Children 3 5 in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 100000 1000000 10000000 1 15 29 43 57 71 85 99 113 127 141 155 169 183 197 211 225 239 253 267 281 295 309 323 337 351 Julian Days MOEs at the 99th Percentile Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE Food MOE Drinking Water MOE Figure II. F. 1 6 Cumulative MOEs for Children 3 5 in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 100000 4 13 22 31 40 49 5867 76 8594 103 112121 130 139148 157 166175 184 193202 211220229 238247256 265 274 283 292301310 319328337 346355 364 Julian Days MOEs at the 99.9th Percentile Food MOE Drinking Water MOE Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE Figure II. F. 1 7 Cumulative MOEs for Adults 20 49 in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 100000 1000000 10000000 100000000 1 15 29 43 57 71 85 99 113 127 141 155 169 183 197 211 225 239 253 267 281 295 309 323 337 351 Julian Days MOEs at the 95th Percentile Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE Food MOE Drinking Water MOE Figure II. F. 1 8 Cumulative MOEs for Adults 20 49 in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 100000 1000000 10000000 1 15 29 43 57 71 85 99 113 127 141 155 169 183 197 211 225 239 253 267 281 295 309 323 337 351 Julian Days MOEs at the 99th Percentile Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE Food MOE Drinking Water MOE Figure II. F. 1 9 Cumulative MOEs for Adults 20 49 in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 100000 4 13 22 31 40 49 5867 76 8594 103 112121 130 139148 157 166175 184 193202 211220229 238247256 265 274 283 292301310 319328337 346355 364 Julian Days MOEs at the 99.9th Percentile Food MOE Drinking Water MOE Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE Figure II. F. 1 10 Cumulative MOEs for Adults Adults 50+ in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 100000 1000000 10000000 100000000 1 15 29 43 57 71 85 99 113 127 141 155 169 183 197 211 225 239 253 267 281 295 309 323 337 351 Julian Days MOEs at the 95th Percentile Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE Food MOE Drinking Water MOE Figure II. F. 1 11 Cumulative MOEs for Adults Adults 50+ in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 100000 1 15 29 43 57 71 85 99 113 127 141 155 169 183 197 211 225 239 253 267 281 295 309 323 337 351 Julian Days MOEs at the 99th Percentile Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE Food MOE Drinking Water MOE Figure II. F. 1 12 Cumulative MOEs for Adults 50+ in FL using Ground Water in a Daily Analysis 1 10 100 1000 10000 4 13 22 3140 49 58 67 7685 94103 112121 130 139148 157166 175184 193 202211 220229 238 247 256 265274 283 292 301 310 319 328337 346 355 364 Julian Days MOEs at the 99.9th Percentile Food MOE Drinking Water MOE Total MOE Inhalation MOE Dermal MOE Oral ( non dietary) MOE


[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Page 408]
[FR Doc No: 2010-33163]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63611; File No. SR-FICC-2010-08]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Approving Proposed Rule Change To Eliminate Certain Cash
Adjustments Currently Processed by the MBSD

December 28, 2010.

I. Introduction

    On October 28, 2010, the Fixed Income Clearing Corporation
(``FICC'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change SR-FICC-2010-08 pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'').\1\
The proposed rule change was published for comment in the Federal
Register on November 17, 2010.\2\ No comment letters were received on
the proposal. This order approves the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 63301 (November 17,
2010), 75 FR 70328.
---------------------------------------------------------------------------

II. Description

    FICC is eliminating the cash adjustments that are currently
processed by the Mortgage-Backed Securities Division (``MBSD'') of FICC
because they have low monetary impact and the clearance event
(``significant variance'') they were originally designed to address no
longer applies.\3\ Variance was originally established when mortgage-
backed securities were physically settled and it was difficult to
organize physical pools into $1 million par amounts for delivery.
---------------------------------------------------------------------------

    \3\ The specific language of the proposed provision can be found
at http://www.dtcc.com/downloads/legal/rule_filings/2010/ficc/2010-08.pdf.
---------------------------------------------------------------------------

    As a result of the netting of To Be Announced (``TBA'')
transactions, a participant may have a settlement obligation to another
participant with which it did not trade (``SBON Obligations''). SBON
Obligations are created in multiples of $1 million par amounts and are
assigned a uniform delivery price. Since the delivery price will differ
from the participant's original trade price, an adjustment is
calculated for the difference between the delivery price and the trade
price. This adjustment is referred to as the Settlement Balance Order
Market Differential (``SBOMD'').
    Participants notify the MBSD when they have settled their SBON
Obligations with their assigned counterparties through the Notification
of Settlement (``NOS'') process. From the information supplied by both
the delivering and receiving participants in their respective NOS, the
MBSD determines whether the securities delivered were in $1 million par
amounts or in a par amount within acceptable variance (plus or minus
$100 per million). In instances where the delivery was completed in $1
million par amounts, the MBSD takes no additional steps.
    Currently, if the delivery was cleared for a par amount within
acceptable variance, the MBSD will calculate a cash adjustment to
reconcile the difference between the original SBOMD (based on a $1
million par amount) and what the SBOMD should have been (based on the
par amount delivered). As mortgage-backed securities migrated from
physical to electronic settlement, acceptable variance has been reduced
from an initial $50,000 per million to the current amount of $100 per
million. MBSD is eliminating this cash adjustment process.

III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act \4\ and the rules and regulations
thereunder applicable to FICC.\5\ In particular, the Commission
believes that by deleting a rule that covers a process that is no
longer needed, FICC is providing its members with certainty and clarity
of the clearance process to its members. The proposal is therefore
consistent with the requirements of Section 17A(b)(3)(F),\6\ which
requires, among other things, that the rules of a clearing agency are
designed to remove impediments to and perfect the mechanism of a
national system for the prompt and accurate clearance and settlement of
securities transactions.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1.
    \5\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \7\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It Is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (File No. SR-FICC-2010-08) be,
and hereby is, approved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-33163 Filed 1-3-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Rules and Regulations]
[Page 36101]
[FR Doc No: 2017-16338]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 383

Commercial Driver's License Standards: Regulatory Guidance
Concerning the Issuance of Commercial Learner's Permits

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Regulatory guidance.

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

SUMMARY: FMCSA announces regulatory guidance clarifying that State
Driver Licensing Agencies (SDLAs) may agree to facilitate the
commercial learner's permit (CLP) application process and to administer
the commercial driver's license (CDL) general knowledge test to
individuals who are not domiciled in the State. Today's guidance makes
clear that SDLAs may accept applications for CLPs and administer the
general knowledge test to individuals taking commercial motor vehicle
driver training in that State, but who are not domiciled there,
provided that: The SDLA administering the general knowledge test
transmits the test results directly, securely, and electronically to
the applicant's State of domicile; and the State of domicile agrees to
accept the test results and issue the CLP. While today's guidance is in
answer to general knowledge testing as addressed in FMCSA regulations,
we note that this regulatory guidance is consistent with the Agency's
October 13, 2016, final rule which amended the CDL regulations to ease
the transition of military personnel into civilian careers driving
commercial motor vehicles (CMVs).

DATES: Regulatory Guidance: The regulatory guidance is applicable
August 3, 2017. The guidance expires August 3, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Chief of the
Commercial Driver's License Division, Office of Safety Programs,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001. Phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 13, 2016, FMCSA published ``Commercial Driver's License
Requirements of the Moving Ahead for Progress in the 21st Century Act
(MAP-21) and the Military Commercial Driver's License Act of 2012''
(2016 Final Rule) (81 FR 70634). This rule allows a State to accept
applications from active duty military personnel who are stationed in
that State as well as administer the written and skills test for a CLP
or CDL. States that choose to accept such applications are required to
transmit the test results electronically to the State of domicile of
the military personnel. The State of domicile may then issue the CLP or
CDL on the basis of those test results. During the rulemaking
proceeding, the American Trucking Associations (ATA) expressed an
interest in allowing all drivers to take both the written and skills
tests outside their State of domicile and requested that FMCSA issue a
Supplemental Notice of Proposed Rulemaking on that subject. The FMCSA
declined to address the issue at that time. It should be noted,
however, that States of domicile are already required by 49 CFR 383.79
to accept skills tests administered by another state. Subsequently, in
January 2017, the ATA requested regulatory guidance clarifying that
SDLAs may accept the results of knowledge tests taken in another State
to ease the travel burden on civilian CLP applicants attending a truck
driver training school outside of their State of domicile. Based upon a
review of the CDL statutes and the 2016 Final Rule, FMCSA has
determined that regulatory guidance would clarify the flexibility
allowed under the existing statutes and regulations.
    Specifically, section 383.73(a)(2)(i) mandates that a State
``require the applicant to make the certifications, pass the tests, and
provide the information as described in Sec.  383.71(a)(2).'' Neither
Sec.  383.71 nor Sec.  383.73 requires that these actions take place in
the State of domicile. However, the State of domicile must continue to
comply with Sec.  383.73(h) by creating the Commercial Driver Licensing
Information System (CDLIS) record and issuing the physical CLP or CDL.

II. Regulatory Guidance

    Based on the forgoing, FMCSA issues the following guidance.

Regulatory Guidance to 49 CFR Part 383--Commercial Driver's License
Standards Section 383.73 State Procedures

    Question: May States accept applications for a CLP from individuals
who are not domiciled in the State but who receive CDL training within
the State, and administer the knowledge test to these individuals?
    Guidance: Yes. Section 383.73 does not prohibit States from
accepting and processing CLP applications from out-of-State applicants
(e.g., individuals who are not domiciled in the State but who receive
training there) and administering the knowledge test to such
applicants, provided there is agreement between the testing State and
the applicant's State of domicile. In particular: (1) The testing State
must administer the general knowledge test in accordance with 49 CFR
part 383, subparts F, G, and H; (2) transmission of general knowledge
test results and any other supporting documentation shall occur by a
direct, secure, electronic means to the State of domicile; and (3) in
accordance with Sec.  383.73(h), only the State of domicile may create
the CDLIS record and issue the physical CLP. Ultimately, the
responsibility for compliance with all requirements of Sec.  383.71 and
Sec.  383.73 remains with the State of domicile. Under 49 CFR 383.79,
States of domicile are already required to accept skills test results
from other States; this guidance clarifies that States of domicile may
(but are not required to) accept knowledge test results from other
States in the same manner. This guidance shall not be construed to
allow a State to issue a CLP or CDL to an individual who is not
domiciled in that State. Both the CLP and the CDL must be issued by the
State of domicile, as required by 49 U.S.C. 31311(a)(12)(A).
Expiration Date for the Regulatory Guidance
    In accordance with the requirement in Section 5203(a)(2)(A) of the
Fixing America's Surface Transportation (FAST) Act, Public Law 114-94,
129 Stat. 1312, 1535, Dec. 4, 2015, the guidance above will be posted
on FMCSA's Web site, http://www.fmcsa.dot.gov and expires no later than
August 3, 2022. The Agency will then consider whether the guidance
should be withdrawn, reissued for another period of up to five years,
or incorporated into the safety regulations at that time.

    Issued on: July 26, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-16338 Filed 8-2-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: October 20, 2010 (Volume 75, Number 202)]
[Rules and Regulations]
[Page 64675-64680]
[DOCID:fr20oc10-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2008-0932; FRL-9214-9]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Texas; Beaumont/Port Arthur
Ozone Nonattainment Area: Redesignation to Attainment for the 1997 8-
Hour Ozone Standard and Determination of Attainment for the 1-Hour
Ozone Standard; Clarification of EPA's Approval of the El Paso Section
110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve a request from the State
of Texas to redesignate the Beaumont/Port Arthur (BPA) Texas ozone
nonattainment area to attainment of the 1997 8-hour ozone National
Ambient Air Quality Standard (NAAQS). EPA is making a final
determination that the BPA nonattainment area has attained the 1997 8-
hour ozone NAAQS, based on complete, quality-assured, and certified
ambient air quality monitoring data for 2006-2008. Preliminary data
available for 2009 and 2010 show that the area continues to attain the
1997 8-hour ozone NAAQS.
    In finalizing its approval of the redesignation request, EPA also
approves, as a revision to the BPA State Implementation Plan (SIP), a
1997 8-hour ozone maintenance plan that includes a 2021 Motor Vehicle
Emissions Budget (MVEB). EPA is also approving the BPA area's 2002 base
year emissions inventory as part of the BPA SIP. EPA also is approving
as part of the BPA SIP, the Texas Clean-Fuel Vehicle (CFV) Program
Equivalency Demonstration. EPA finds that with final approval of these
revisions, the area has a fully approved SIP that meets all of the 1997
8-hour ozone requirements and 1-hour ozone anti-backsliding
requirements under section 110 and Part D of the Federal Clean Air Act
(CAA or Act) that are applicable for purposes of redesignation. EPA is
also approving a determination that the BPA area is meeting the 1-hour
ozone standard based upon three years of complete, quality-assured, and
certified ambient air quality monitoring data for 2006-2008.
Preliminary data available for 2009 and 2010 show that the area
continues to attain the standard.
    Additionally, EPA is taking final action to approve the post-1996
Rate of Progress (ROP) plan's contingency measures, the substitute
control measures for the failure-to-attain contingency measures, and
the removal from the Texas SIP of a 1-hour ozone failure-to-attain
contingency measure, a volatile organic compound (VOC) SIP rule for
marine vessel loading, as meeting the requirements of section 110(l)
and part D of the Act.
    EPA also is providing clarification of an earlier separate EPA
rulemaking action approving the Section 110(a)(1) Maintenance Plan for
the 1997 8-hour ozone standard for the El Paso 1997 8-hour attainment
area.

DATES: Effective Date: This rule will be effective November 19, 2010.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2008-0932. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is

not publicly available, i.e., Confidential Business Information or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Air Planning
Section, Air Planning Branch, Multimedia Planning and Permitting
Division, U.S. Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. EPA requests that if at
all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Ellen Belk, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax
number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background for this rule?
II. What comments did we receive on the proposed rule?
III. What actions is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background for this rule?

    The background for today's actions is discussed in detail in EPA's
May 17, 2010, proposal to approve Texas' redesignation request (75 FR
27514). In that proposed action, we noted that, under EPA regulations
at 40 CFR part 50, the 1997 8-hour ozone standard is attained when the
three-year average of the annual fourth-highest daily maximum 8-hour
average ozone concentrations is less than or equal to 0.08 parts per
million (ppm) (see 69 FR 23858, April 30, 2004, for more information).
Under the CAA, EPA may redesignate a nonattainment area to attainment
if sufficient complete, quality-assured data are available to determine
that the area has attained the standard and if it meets the other CAA
redesignation requirements in section 107(d)(3)(E).
    The TCEQ, on December 16, 2008, submitted a complete request to
redesignate the BPA area to attainment for the 1997 8-hour ozone
standard. The redesignation request included three years of complete,
quality-assured data for the period of 2005 through 2007, indicating
the 8-hour NAAQS for ozone, as promulgated in 1997, had been attained
for the BPA area. Complete, quality-assured monitoring data for 2006-
2008 also show that the area continues to attain the 1997 8-hour ozone
standard. Preliminary data available for the 2009 and 2010 ozone
seasons indicate that the area continues to be in attainment.
    The request also included a maintenance plan with associated MVEBs,
the 2002 base year emission inventory, and the sole outstanding 1-hour
ozone anti-backsliding requirement for the BPA area, the Texas CFV
Program Equivalency Demonstration. The submitted MVEB for nitrogen
oxides (NOX) and VOC for the BPA area is defined in the
table below:

                  Beaumont/Port Arthur NOX and VOC MVEB
                      [Summer season tons per day]
------------------------------------------------------------------------
                         Pollutant                               2021
------------------------------------------------------------------------
NOX........................................................       * 7.24
VOC........................................................         4.77
------------------------------------------------------------------------
* Includes an allocation of 1 tpd from the available NOX safety margin.

    The submittal met the adequacy criteria in 40 CFR 93.118(e)(4), and
on April 1, 2010 (75 FR 16456), EPA published a Federal Register notice
deeming the 2021 MVEB for Beaumont/Port Arthur, Texas adequate for
transportation conformity purposes.
    Apart from the redesignation request, the TCEQ also submitted and
EPA proposed to approve the 1-hour ozone Post-1996 ROP Plan's
contingency measures, backfill failure-to-attain contingency measures,
and removal from the Texas SIP under section 110(l) of a VOC marine
vessel loading contingency measure.
    The May 17, 2010 proposed rule and Technical Support Document
provide a detailed discussion of how Texas met the redesignation
requirements and other CAA requirements.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period, which closed on
June 16, 2010. EPA received 25 comment letters in response to the
proposed rulemaking, each of which expressed support for approving the
request from the State of Texas to redesignate the BPA ozone
nonattainment area to attainment for the 1997 8-hour ozone standard.
The comment letters are available for review in the docket for this
rulemaking. EPA received letters expressing support for the BPA
redesignation approval from the following: Texas Commission on
Environmental Quality, Austin; Executive Director, Southeast Texas
Regional Planning Commission (SETRPC), Beaumont; Director,
Transportation and Environmental Resources, SETRPC, Beaumont; Mayor,
City of Beaumont; President, Greater Beaumont Chamber of Commerce;
Executive Port Director, Port of Beaumont; Mayor, City of Bridge City;
Mayor, City of Port Neches; Mayor, City of West Orange; Director of
Public Works, City of West Orange; Mayor, City of Lumberton; Mayor,
City of Nederland; County Judge, Orange County; Jefferson County
Commissioners Court; County Judge, Hardin County; Texas State
Representative, District 21, Texas House of Representatives; President,
Caliber Solutions, Beaumont; Entergy Texas Inc., Beaumont; Goodyear
Tire & Rubber Company, Beaumont; Oiltaking Beaumont Partners, L.P.;
Chairman, Southeast Texas Plant Managers Forum, Nederland; Plant
Manager, Solvay Solexis, Inc., Orange; Huntsman Petrochemical LLC, Port
Neches; Sabine-Neches Navigation District, Nederland; and the Greater
El Paso Chamber of Commerce. EPA also received additional comments
submitted by the Greater El Paso Chamber of Commerce. We received no
adverse comments on the proposed rule.
    Comment: The Greater El Paso Chamber of Commerce requested that EPA
take immediate action to make a determination that the El Paso County
one-hour nonattainment area has attained the revoked one-hour ozone
National Ambient Air Quality Standard (NAAQS).
    Response: This rulemaking finalizes EPA's approval of Texas's
request to redesignate the BPA area to attainment for the 1997 8-hour
ozone standard and for a determination that the BPA area attained the
1-hour ozone standard. The commenter's request for a rulemaking
determining attainment of the 1-hour standard for El Paso is outside
the scope of our proposed action. EPA notes that we have previously
approved the section 110(a)(1) maintenance plan for the El Paso 1997 8-
hour ozone attainment area 74 FR 2387 (January 15, 2009).
    Comment: The Greater El Paso Chamber of Commerce requested that EPA
take immediate action to find that the Prevention of Significant
Deterioration (PSD) program requirements are immediately effective in
El Paso County.

    Response: As noted in the previous response to comment, EPA's
rulemaking is not focused on the El Paso 1997 8-hour maintenance area,
but on the redesignation of the BPA area for the 1997 8-hour ozone
standard and a determination of attainment for that area for the 1-hour
ozone standard. There is one respect, however, in which EPA wishes to
respond in order to harmonize and assure consistency of treatment for
areas with approved 1997 8-hour maintenance plans, whether they are
initially designated attainment (like El Paso) or redesignated to
attainment (like BPA) for that standard. EPA thus wishes to clarify a
statement it previously made in approving the El Paso section 110(a)(1)
maintenance plan for the 1997 8-hour standard 74 FR 2387 (January 15,
2009). In that notice, EPA stated that a separate analysis under
section 110(l) would be required to transition from a nonattainment New
Source Review (NSR) permitting program to a PSD permitting program.
Since that time, EPA has had further opportunity to consider the
applicable statutory and regulatory provisions and the decision in
South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir.
2006). As a result, we no longer believe that the Clean Air Act
requires a separate 110(l) analysis to replace 1-hour nonattainment NSR
with PSD once an area has been redesignated to attainment for the 1997
8-hour standard, or has an approved 110(a)(1) maintenance plan for that
standard. In sum, we believe that the approach to the nonattainment
NSR/PSD transition that we are adopting here with respect to BPA should
also be extended to El Paso. Thus, as long as the Texas NSR SIP is
clear that the PSD SIP requirements apply to an area such as El Paso,
then that is all that is required by EPA.

III. What action is EPA taking?

    EPA is taking final action to approve several related actions under
the Act for the BPA ozone nonattainment area, consisting of Hardin,
Jefferson, and Orange counties. Consistent with the Act, EPA is taking
final action to determine that the BPA area has attained the 1997 8-
hour ozone NAAQS and to approve a request from the State of Texas to
redesignate the BPA area to attainment of the 1997 8-hour ozone
standard. This determination is based on complete, quality-assured, and
certified ambient air quality monitoring data for the 2006-2008 ozone
seasons that show that the 1997 8-hour ozone NAAQS has been attained in
the area. Preliminary data available for 2009 and 2010 indicate that
the area continues to attain the 1997 8-hour ozone NAAQS. EPA is also
finalizing a determination that the BPA area is meeting the 1-hour
ozone standard. This determination is based on complete, quality-
assured, and certified ambient air quality monitoring data for the
2006-2008 ozone seasons, as well as preliminary data available for 2009
and 2010 that indicate the area continues to attain the 1-hour ozone
NAAQS.
    EPA is taking final action to approve the 2002 base year emissions
inventory as meeting the 1997 8-hour ozone requirement for the BPA 8-
hour ozone nonattainment area. We are approving the State's CFV program
equivalency demonstration as meeting the sole outstanding
antibacksliding 1-hour ozone requirement for the BPA serious 1-hour
ozone nonattainment area. We are finding that the BPA area, based upon
this final approval of this emissions inventory and the CFV program
equivalency determination, meets all the applicable CAA requirements
under section 110 and Part D for purposes of redesignation for the 1997
8-hour ozone NAAQS including all the applicable antibacksliding CAA
requirements for a serious 1-hour ozone nonattainment area. Further,
EPA is taking final action to approve into the SIP, as meeting section
175A and 107(d)(3)(E)(iv) of the Act, Texas' maintenance plan for the
BPA area for the 1997 8-hour ozone NAAQS. The maintenance plan shows
maintenance of the standard through 2021. Additionally, EPA is
approving the 2021 MVEB for NOX and VOCs shown in the table
in section I above, which was submitted by Texas for the BPA area in
conjunction with its redesignation request and maintenance plan.
    Consequently, EPA is taking final action to approve the State's
request to redesignate the area from nonattainment to attainment for
the 1997 8-hour ozone NAAQS. After evaluating Texas' redesignation
request, EPA has determined that with this final approval of the above-
identified SIP elements and the maintenance plan, the area meets the
redesignation criteria set forth in section 107(d)(3)(E) and section
175A of the Act. The final approval of this redesignation request
changes the official designation in 40 CFR part 81 for the BPA area
from nonattainment to attainment for the 1997 8-hour ozone standard.
EPA also notes that with this final redesignation to attainment for the
1997 8-hour ozone NAAQS and this final determination of attainment for
the 1-hour ozone NAAQS, the 1-hour anti-backsliding obligations to
submit planning SIPs to meet the attainment demonstration and
reasonably available control measures (RACM) requirements, and the ROP
and contingency measures requirements, cease to apply. Finalizing the
1-hour ozone attainment determination suspends for the BPA area the
foregoing obligations, and they cease to apply upon EPA's final action
redesignating the BPA area to attainment for the 1997 8-hour ozone
standard. In addition, after final redesignation to attainment for the
1997-8-hour ozone standard, EPA does not require the continued
application of 1-hour anti-backsliding nonattainment NSR, if Texas
interprets its SIP as applying PSD to BPA in these circumstances.
    EPA also is taking final action to approve the Post-1996 ROP Plan's
contingency measures and backfill failure-to-attain contingency
measures, and the removal from the Texas SIP under section 110(l) of a
VOC marine vessel loading contingency measure.
    Additionally, EPA is clarifying statements made and the approach it
took with respect to the 1-hour ozone nonattainment NSR/PSD transition
in its approval of the El Paso 110(a)(1) maintenance plan.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, redesignation of an area to attainment and
the accompanying approval of a maintenance plan under section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those imposed by State law. A redesignation to attainment does
not in and of itself create any new requirements, but rather results in
the applicability of requirements contained in the Clean Air Act for
areas that have been redesignated to attainment. Moreover, the
Administrator is required to approve a SIP submission that complies
with the provisions of the Act and applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions,
EPA's role is to approve State choices, provided that they meet the
criteria of the Clean Air Act. Accordingly, these actions merely do not
impose additional requirements beyond those imposed by State law and
the Clean Air Act. For that reason, these actions:

     Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 20, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxides,
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: September 30, 2010.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

0
2. Section 52.2270 is amended as follows:
0
a. The table in paragraph (c) entitled, ``EPA Approved Regulations in
the Texas SIP'' is amended under Chapter 115 (Reg 5), Subchapter C,
Division 1, by revising the entry for Section 115.219.
0
b. The second table in paragraph (e) entitled, ``EPA-Approved Non-
Regulatory Provisions and Quasi Regulatory Measures in the Texas SIP''
is amended by adding eight new entries at the end.
    The revision and additions read as follows:

Sec.  52.2270   Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval/
         State citation              Title/subject       submittal date    EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                 Chapter 115 (Regt 5)--Control of Air Pollution from Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           Subchapter C--Volatile Organic Compound Transfer Operations
----------------------------------------------------------------------------------------------------------------
                         Division 1: Loading and Unloading of Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 115.219.................  Counties and                11/15/2006  10/20/2010 [Insert
                                   Compliance.                             citation of
                                                                           publication in
                                                                           Federal Register].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (e) * * *
* * * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                       Applicable
      Name of SIP provision          geographic or      State submittal/   EPA approval date        Comments
                                   nonattainment area    effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Redesignation Request for the     Beaumont/Port               12/10/2008  10/20/2010 [Insert   .................
 1997 8-hour Ozone NAAQS           Arthur, TX.                             citation of
 (Hardin, Jefferson, and Orange                                            publication in
 Counties).                                                                Federal Register].
Determination of Attainment for   Beaumont/Port               12/10/2008  10/20/2010 [Insert
 the 1-hour Ozone NAAQS (Hardin,   Arthur, TX.                             citation of
 Jefferson, and Orange Counties).                                          publication in
                                                                           Federal Register].
2002 Base Year Emissions          Beaumont/Port               12/10/2008  10/20/2010 [Insert
 Inventory.                        Arthur, TX.                             citation of
(1997 8-hour Ozone NAAQS).......                                           publication in
                                                                           Federal Register].
Texas Clean-Fuel Vehicle Program  Beaumont/Port               12/10/2008  10/20/2010 [Insert
 Equivalency Demonstration (1-     Arthur, TX.                             citation of
 hour Ozone NAAQS).                                                        publication in
                                                                           Federal Register].
Substitute Control Measures for   Beaumont/Port               12/10/2008  10/20/2010 [Insert
 the SIP-Approved Failure-to-      Arthur, TX.                             citation of
 attain Contingency Measures (1-                                           publication in
 hour Ozone NAAQS).                                                        Federal Register].
Post 1996 Rate of Progress Plan   Beaumont/Port               11/16/2004  10/20/2010 [Insert
 Contingency Measures (1-hour      Arthur, TX.                             citation of
 Ozone NAAQS).                                                             publication in
                                                                           Federal Register].
Maintenance Plan (1997 8-hour     Beaumont/Port               12/10/2008  10/20/2010 [Insert
 Ozone NAAQS, CAA Section 175A).   Arthur, TX.                             citation of
                                                                           publication in
                                                                           Federal Register].
2021 Motor Vehicle Emissions      Beaumont/Port               12/10/2008  10/20/2010 [Insert
 Budget (1997 8-hour Ozone         Arthur, TX.                             citation of
 NAAQS).                                                                   publication in
                                                                           Federal Register].
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.2275 is amended by adding paragraph (h) to read as
follows:

Sec.  52.2275  Control strategy and regulations: Ozone.

* * * * *
    (h) Determination of attainment for the 1-hour ozone standard and
redesignation for the 1997 8-hour ozone standard. Effective November
19, 2010, EPA has determined that the Beaumont/Port Arthur ozone
nonattainment area has attained the 1-hour ozone National Ambient Air
Quality Standard (NAAQS) and has redesignated the area to attainment
for the 1997 8-hour ozone standard. With this final redesignation to
attainment for the 1997 8-hour ozone NAAQS and this final determination
of attainment for the 1-hour ozone NAAQS, the 1-hour anti-backsliding
obligations to submit planning SIPs to meet the attainment
demonstration and reasonably available control measures (RACM)
requirements, and the ROP and contingency measures requirements, cease
to apply.

PART 81--[AMENDED]

0
4. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
5. In Sec.  81.344, the table entitled, ``Texas-Ozone (8-Hour
Standard)'' is amended by: revising the entries for Beaumont/Port
Arthur TX; Revising footnote 3; and adding a new footnote 4 at the end
of the table.
    The revisions and addition read as follows:

Sec.  81.344  Texas.

* * * * *

                                          Texas-Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                    Category/ Classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Beaumont/Port Arthur TX:
    Hardin County.................           (\3\)  Attainment...........           (\3\)
    Jefferson County..............           (\3\)  Attainment...........           (\3\)
    Orange County.................           (\3\)  Attainment...........           (\3\)

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\3\ Effective November 19, 2010.
\4\ Effective October 31, 2008.

* * * * *
[FR Doc. 2010-26261 Filed 10-19-10; 8:45 am]
BILLING CODE 6560-50-P


Existing fund                 Replacement fund
                                                 ---------------------------------------------------------------
                                                     Neuberger Berman Advisers     NVIT--NVIT Multi-Manager Mid
                                                   Management Trust--AMT Mid-Cap         Cap  Growth Fund
                                                         Growth Portfolio        -------------------------------
                                                 --------------------------------
                                                      I Class         S Class         Class I        Class II
----------------------------------------------------------------------------------------------------------------
Management Fees.................................           0.83%           0.83%           0.75%           0.75%
12b-1 Fees......................................           0.00%           0.25%           0.00%           0.25%
Other Expenses..................................           0.09%           0.10%      \86\ 0.22%      \86\ 0.22%
Total Gross Expenses............................           0.92%           1.18%           0.97%           1.22%
Waivers/Reimbursements..........................      \87\ 0.00%      \88\ 0.00%      \89\ 0.08%      \89\ 0.08%
Total Net Expenses..............................           0.92%           1.18%           0.89%           1.14%
Fund/Class \90\ Asset Level ($MMs) (5/20/09)....     \91\ $331.0      \92\ $37.3           $87.7          $134.2
----------------------------------------------------------------------------------------------------------------

15. Neuberger Berman Advisers Management Trust--AMT Partners Portfolio
Replaced by NVIT--Neuberger Berman NVIT Multi Cap Opportunities Fund
(Substitution Table Reference No. 29)

    Neuberger Berman Advisers Management Trust--AMT Partners Portfolio:
I Class will be replaced by NVIT--Neuberger Berman NVIT Multi Cap
Opportunities Fund: Class I. The following chart compares the
management fees, the total operating expenses (before and after any
waivers and reimbursements) expressed as an annual percentage of
average daily net assets, and the asset levels of Neuberger Berman
Advisers Management Trust--AMT Partners Portfolio: I Class and NVIT--
Neuberger Berman NVIT Multi Cap Opportunities Fund: Class I.
---------------------------------------------------------------------------

    \86\ ``Other Expenses'' include administrative services fees
which currently are 0.07%, but which are permitted to be as high as
0.25%. The full 0.25% in administrative services fees is not
reflected in ``Other Expenses'' at this time because, until at least
May 1, 2010, the Fund does not intend to pay insurance companies a
higher amount. If the full amount of administrative services fees
were charged, total operating expenses (after fee waivers/expense
reimbursements) would be 1.07% and 1.32%, respectively.
    \87\ Neuberger Berman Management LLC (``NBM'') has contractually
undertaken to limit the expenses of I Class shares through December
31, 2012 by reimbursing the Fund for its total operating expenses,
excluding compensation to NBM, taxes, interest, extraordinary
expenses, transaction costs and brokerage commissions, that exceed,
in the aggregate, 1.00% per annum of the Class's average daily net
asset value. Because of the exclusion, the Fund's net expenses may
exceed the contractual expense limitation. The Fund has in turn
contractually undertaken to repay NBM from I Class assets for the
excess operating expenses borne by NBM, so long as the Class's
annual operating expenses during that period (exclusive of the
compensation to NBM, taxes, interest, extraordinary expenses and
brokerage commissions) does not exceed 1.00% per year of the Class's
average daily net assets, and further provided that the
reimbursements are made within three years after the year in which
NBM incurred the expense. The figures in the table are based on last
year's expenses.
    \88\ Neuberger Berman Management Inc. (NBMI) has contractually
undertaken to limit the expenses of S Class shares through December
31, 2012 by reimbursing the Fund for its total operating expenses,
including compensation to NBMI, but excluding taxes, interest,
extraordinary expenses, transaction costs and brokerage commissions,
that exceed, in the aggregate, 1.25% per annum of the Class's
average daily net asset value. The Fund has in turn contractually
undertaken to repay NBMI from S Class assets for the excess
operating expenses borne by NBMI, so long as the Class's annual
operating expenses during that period (exclusive of taxes, interest,
extraordinary expenses and brokerage commissions) does not exceed
1.25% per year of the Class's average daily net assets, and further
provided that the reimbursements are made within three years after
the year in which NBMI incurred the expense. The figures in the
table are based on last year's expenses.
    \89\ NVIT and NFA have entered into a written contract limiting
operating expenses to 0.82% until at least May 1, 2010. This limit
excludes certain Fund expenses, including any interest, taxes,
brokerage commissions, Rule 12b-1 fees, fees paid pursuant to an
Administrative Services Plan, short-sale dividend expenses, other
expenditures which are capitalized in accordance with generally
accepted accounting principles and other non-routine expenses not
incurred in the ordinary course of the Fund's business. NVIT is
authorized to reimburse NFA for management fees previously waived or
reduced and/or for expenses previously paid by NFA, provided
however, that any reimbursements must be paid at a date not more
than three years after the fiscal year in which NFA waived the fees
or reimbursed the expenses and the reimbursements do not cause the
Fund to exceed the expense limitation in the agreement.
    \90\ Represents assets held by the fund or listed share class,
as applicable.
    \91\ Based on asset levels as of 3/31/09, approximately 22% of
the Existing Fund's I Class assets will be transferred to NVIT--NVIT
Multi-Manager Mid Cap Growth Fund: Class I pursuant to the
Substitution. This transfer represents approximately 20% of the
Existing Fund's total assets.
    \92\ Based on asset levels as of 3/31/09, approximately 0.8% of
the Existing Fund's S Class assets will be transferred to NVIT--NVIT
Multi-Manager Mid Cap Growth Fund: Class I, representing
approximately 0.1% of the Existing Fund's total assets, and
approximately 11% of the Existing Fund's S Class assets will be
transferred to NVIT--NVIT Multi-Manager Mid Cap Growth Fund: Class
II pursuant to the Substitution, representing approximately 1% of
the Existing Fund's total assets.
---------------------------------------------------------------------------

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

    \93\ ``Other Expenses'' include administrative services fees
which currently are 0.15%, but which are permitted to be as high as
0.25%. The full 0.25% in administrative services fees is not
reflected in ``Other Expenses'' at this time because, until at least
May 1, 2010, the Fund does not intend to pay insurance companies a
higher amount. If the full amount of administrative services fees
were charged, total operating expenses (after fee waivers/expense
reimbursements) would be 1.00%.

----------------------------------------------------------------------------------------------------------------
                                                                     Existing fund           Replacement fund
                                                               -------------------------------------------------
                                                                    Neuberger Berman      NVIT--Neuberger Berman
                                                                  Advisers Management         NVIT Multi Cap
                                                                  Trust--AMT Partners      Opportunities Fund:
                                                                   Portfolio: I Class            Class I
----------------------------------------------------------------------------------------------------------------
Management Fees...............................................                    0.84%                    0.60%
12b-1 Fees....................................................                    0.00%                    0.00%
Other Expenses................................................                    0.11%               \93\ 1.50%
Total Gross Expenses..........................................                    0.95%                    2.10%
Waivers/Reimbursements........................................               \94\ 0.00%               \95\ 1.20%
Total Net Expenses............................................                    0.95%                    0.90%
Fund/Class \96\ Asset Level ($MMs) (5/20/09)..................              \97\ $236.1                     $2.9
----------------------------------------------------------------------------------------------------------------

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

    \94\ Neuberger Berman Management LLC (``NBM'') has contractually
undertaken to limit the Fund's expenses through December 31, 2012 by
reimbursing the Fund for its total operating expenses (excluding the
compensation of NBM, taxes, interest, extraordinary expenses,
brokerage commissions and transaction costs) that exceed, in the
aggregate, 1.00% per annum of the Fund's average daily net asset
value. Because of the exclusion, the Fund's net expenses may exceed
the contractual expense limitation. The Fund has contractually
undertaken to reimburse NBM for the excess expenses paid by NBM,
provided the reimbursements do not cause total operating expenses
(exclusive of the compensation of NBM, taxes, interest, brokerage
commissions, transaction costs and extraordinary expenses) to exceed
an annual rate of 1.00%, and the reimbursements are made within
three years after the year in which NBM incurred the expense. The
figures in the table are based on last year's expenses.
    \95\ NVIT and NFA have entered into a written contract limiting
operating expenses to 0.75% until May 1, 2010. This limit excludes
certain Fund expenses, including interest, taxes, brokerage
commissions, Rule 12b-1 fees, fees paid pursuant to an
Administrative Services Plan, short sale dividend expenses, other
expenditures which are capitalized in accordance with generally
accepted accounting principles and other non-routine expenses not
incurred in the ordinary course of the Fund's business. NVIT is
authorized to reimburse NFA for management fees previously waived or
reduced and/or for expenses previously paid by NFA, provided,
however, that any reimbursements must be paid at a date not more
than three years after the fiscal year in which NFA waived the fees
or reimbursed the expenses and the reimbursements do not cause the
Fund to exceed the expense limitation in the agreement.
    \96\ Represents assets held by the fund or listed share class,
as applicable.
    \97\ Based on asset levels as of 3/31/09, approximately 50% of
the Existing Fund's assets will be transferred to the Replacement
Fund pursuant to the Substitution.
---------------------------------------------------------------------------

16. Neuberger Berman Advisers Management Trust--AMT Regency Portfolio
Replaced by NVIT--NVIT Multi-Manager Mid Cap Value Fund (Substitution
Table Reference No. 30)

    Neuberger Berman Advisers Management Trust--AMT Regency Portfolio:
S Class will be replaced by NVIT--NVIT Multi-Manager Mid Cap Value
Fund: Class II. The following chart compares the management fees, the
total operating expenses (before and after any waivers and
reimbursements) expressed as an annual percentage of average daily net
assets, and the asset levels of Neuberger Berman Advisers Management
Trust--AMT Regency Portfolio: S Class and NVIT--NVIT Multi-Manager Mid
Cap Value Fund: Class II.
---------------------------------------------------------------------------

    \98\ ``Other Expenses'' include administrative services fees
which currently are 0.01%, but which are permitted to be as high as
0.25%. The full 0.25% in administrative services fees is not
reflected in ``Other Expenses'' at this time because, until at least
May 1, 2010, the Fund does not intend to pay insurance companies a
higher amount. If the full amount of administrative services fees
were charged, total operating expenses (after fee waivers/expense
reimbursements) would be 1.31%.
    \99\ Neuberger Berman Management LLC (``NBM'') has contractually
agreed to reimburse certain expenses of the Fund through 12/31/2019,
so that the total annual operating expenses are limited to 1.25% of
the Fund's average daily net asset value. This arrangement does not
cover interest, taxes, brokerage commissions, and extraordinary
expenses; consequently, net expenses may exceed the contractual
expense limitation. The Fund has agreed to repay NBM for expenses
reimbursed to the Fund provided that repayment does not cause the
Fund's annual operating expenses to exceed its expense limitation.
Any such repayment must be made within three years after the year in
which NBM incurred the expense. The figures in the table are based
on last year's expenses.
    \100\ NVIT and NFA have entered into a written contract limiting
operating expenses to 0.81% until at least May 1, 2010. This limit
excludes certain Fund expenses, including interest, taxes, brokerage
commissions, Rule 12b-1 fees, short-sale dividend expenses, fees
paid pursuant to an Administrative Services Plan, other expenditures
which are capitalized in accordance with generally accepted
accounting principles and other non-routine expenses not incurred in
the ordinary course of the Fund's business. NVIT is authorized to
reimburse NFA for management fees previously waived or reduced and/
or for expenses previously paid by NFA, provided, however, that any
reimbursements must be paid at a date not more than three years
after the fiscal year in which NFA waived the fees or reimbursed the
expenses and the reimbursements do not cause the Fund to exceed the
expense limitation in the agreement.
    \101\ Represents assets held by the fund or listed share class,
as applicable.
    \102\ Based on asset levels as of 3/31/09, approximately 7% of
the Existing Fund's S Class assets will be transferred to the
Replacement Fund pursuant to the Substitution. This transfer
represents approximately 7% of the Existing Fund's total assets.

----------------------------------------------------------------------------------------------------------------
                                                                     Existing fund           Replacement fund
                                                               -------------------------------------------------
                                                                    Neuberger Berman
                                                                  Advisers Management       NVIT--NVIT Multi-
                                                                   Trust--AMT Regency     Manager Mid Cap Value
                                                                   Portfolio: S Class         Fund: Class II
----------------------------------------------------------------------------------------------------------------
Management Fees...............................................                    0.85%                    0.75%
12b-1 Fees....................................................                    0.25%                    0.25%
Other Expenses................................................                    0.13%               \98\ 0.13%
Total Gross Expenses..........................................                    1.23%                    1.13%
Waivers/Reimbursements........................................               \99\ 0.00%              \100\ 0.06%
Total Net Expenses............................................                    1.23%                    1.07%
Fund/Class \101\ Asset Level ($MMs) (5/20/09).................             \102\ $149.7                   $124.9
----------------------------------------------------------------------------------------------------------------

17. T. Rowe Price Equity Series, Inc.--T. Rowe Price Limited Term Bond
Portfolio Replaced by NVIT--NVIT Short Term Bond Fund (Substitution
Table Reference No. 31)

    T. Rowe Price Equity Series, Inc.--T. Rowe Price Limited Term Bond
Portfolio: Class II will be replaced by NVIT--NVIT Short Term Bond
Fund: Class II. The following chart compares the management fees, the
total operating expenses (before and after any waivers and
reimbursements) expressed as an annual percentage of average daily net
assets, and the asset levels of T. Rowe Price Equity Series, Inc.--T.
Rowe Price Limited Term Bond Portfolio: Class II and NVIT--NVIT Short
Term Bond Fund: Class II.
---------------------------------------------------------------------------

    \103\ ``Other Expenses'' include administrative services fees
which currently are 0.15%, but which are permitted to be as high as
0.25%. The full 0.25% in administrative services fees is not
reflected in ``Other Expenses'' at this time because, until at least
May 1, 2010, the Fund does not intend to pay insurance companies a
higher amount. If the full amount of administrative services fees
were charged, total operating expenses (after fee waivers/expense
reimbursements) would be 1.00%.
    \104\ NVIT and NFA have entered into a written contract limiting
operating expenses to 0.50% for all share classes until May 1, 2010.
This limit excludes certain Fund expenses, including interest,
taxes, brokerage commissions, Rule 12b-1 fees, fees paid pursuant to
an Administrative Services Plan, short sale dividend expenses, other
expenditures which are capitalized in accordance with generally
accepted accounting principles and other non-routine expenses not
incurred in the ordinary course of the Fund's business. NVIT is
authorized to reimburse NFA for management fees previously waived or
reduced and/or for expenses previously paid by NFA, provided,
however, that any reimbursements must be paid at a date not more
than three years after the fiscal year in which NFA waived the fees
or reimbursed the expenses and the reimbursements do not cause the
Fund to exceed the expense limitation in the agreement.
    \105\ Represents assets held by the fund or listed share class,
as applicable.
    \106\ Based on asset levels as of 3/31/09, approximately 96% of
the Existing Fund's Class II assets will be transferred to the
Replacement Fund pursuant to the Substitution. This comprised
approximately 31% of the Existing Fund's total assets.

----------------------------------------------------------------------------------------------------------------
                                                                     Existing fund           Replacement fund
                                                               -------------------------------------------------
                                                                  T. Rowe Price Equity
                                                                 Series, Inc.--T. Rowe    NVIT--NVIT Short Term
                                                                Price Limited Term Bond    Bond Fund: Class II
                                                                  Portfolio: Class II
----------------------------------------------------------------------------------------------------------------
Management Fees...............................................                    0.70%                    0.35%
12b-1 Fees....................................................                    0.25%                    0.25%
Other Expenses................................................                    0.00%              \103\ 0.32%
Total Gross Expenses..........................................                    0.95%                    0.92%
Waivers/Reimbursements........................................                    0.00%              \104\ 0.02%
Total Net Expenses............................................                    0.95%                    0.90%
Fund/Class \105\ Asset Level ($MMs) (4/30/09).................              \106\ $73.5                    $34.6
----------------------------------------------------------------------------------------------------------------

18. The Universal Institutional Funds, Inc.--Mid Cap Growth Portfolio
Replaced by NVIT--NVIT Multi-Manager Mid Cap Growth Fund (Substitution
Table Reference No. 32)

    The Universal Institutional Funds, Inc.--Mid Cap Growth Portfolio:
Class I will be replaced by NVIT--NVIT Multi-Manager Mid Cap Growth
Fund: Class I. The following chart compares the management fees, the
total operating expenses (before and after any waivers and
reimbursements) expressed as an annual percentage of average daily net
assets, and the asset levels of The Universal Institutional Funds,
Inc.--Mid Cap Growth Portfolio: Class I and NVIT--NVIT Multi-Manager
Mid Cap Growth Fund: Class I.
---------------------------------------------------------------------------

    \107\ The Adviser is entitled to receive an advisory fee at an
annual percentage of the Portfolio's average daily net assets as set
forth in the table below:
    First $500 million--0.75%
    From $500 million to $1 billion--0.70%
    More than $1 billion--0.65%
    \108\ ``Other Expenses'' include administrative services fees
which currently are 0.07%, but which are permitted to be as high as
0.25%. The full 0.25% in administrative services fees is not
reflected in ``Other Expenses'' at this time because, until at least
May 1, 2010, the Fund does not intend to pay insurance companies a
higher amount. If the full amount of administrative services fees
were charged, total operating expenses (after fee waivers/expense
reimbursements) would be 1.07%.
    \109\ The Adviser has voluntarily agreed to reduce its advisory
fee and/or reimburse the Portfolio so that Total Annual Portfolio
Operating Expenses, excluding certain investment related expenses
described below, will not exceed 1.05%. In determining the actual
amount of voluntary advisory fee waivers and/or expense
reimbursements for the Portfolio, if any, certain investment related
expenses, such as foreign country tax expense and interest expense
on amounts borrowed, are excluded from Total Annual Portfolio
Operating Expenses. If these expenses were included, the Total
Annual Portfolio Operating Expenses after voluntary fee waivers and/
or expense reimbursements could exceed the expense ratio shown. For
the fiscal year ended December 31, 2008, after giving effect to the
Adviser's voluntary advisory fee waivers and/or expense
reimbursements, the Total Annual Portfolio Operating Expenses
incurred by investors were 1.05%. Fee waivers and/or expense
reimbursements are voluntary and the Adviser reserves the right to
terminate any waivers and/or reimbursements at any time and without
notice.
    \110\ NVIT and NFA have entered into a written contract limiting
operating expenses to 0.82% until at least May 1, 2010. This limit
excludes certain Fund expenses, including any interest, taxes,
brokerage commissions, Rule 12b-1 fees, fees paid pursuant to an
Administrative Services Plan, short-sale dividend expenses, other
expenditures which are capitalized in accordance with generally
accepted accounting principles and other non-routine expenses not
incurred in the ordinary course of the Fund's business. NVIT is
authorized to reimburse NFA for management fees previously waived or
reduced and/or for expenses previously paid by the NFA, provided
however, that any reimbursements must be paid at a date not more
than three years after the fiscal year in which NFA waived the fees
or reimbursed the expenses and the reimbursements do not cause the
Fund to exceed the expense limitation in the agreement.
    \111\ Represents assets held by the fund or listed share class,
as applicable.
    \112\ Based on asset levels as of 3/31/09, approximately 22% of
the Existing Fund's Class I assets will be transferred to the
Replacement Fund pursuant to the Substitution. This comprises
approximately 7% of the Existing Fund's total assets.

----------------------------------------------------------------------------------------------------------------
                                                                     Existing fund           Replacement fund
                                                               -------------------------------------------------
                                                                     The Universal
                                                                  Institutional Funds,      NVIT--NVIT Multi-
                                                                  Inc.--Mid Cap Growth    Manager Mid Cap Growth
                                                                   Portfolio: Class I         Fund: Class I
----------------------------------------------------------------------------------------------------------------
Management Fees...............................................              \107\ 0.75%                    0.75%
12b-1 Fees....................................................                    0.00%                    0.00%

Other Expenses................................................                    0.31%              \108\ 0.22%
Total Gross Expenses..........................................                    1.06%                    0.97%
Waivers/Reimbursements........................................              \109\ 0.00%              \110\ 0.08%
Total Net Expenses............................................                    1.06%                    0.89%
Fund/Class \111\ Asset Level ($MMs) (5/20/09).................              \112\ $56.4                    $87.7
----------------------------------------------------------------------------------------------------------------

19. The Universal Institutional Funds, Inc.--U.S. Real Estate Portfolio
Replaced by NVIT--Van Kampen NVIT Real Estate Fund (Substitution Table
Reference Nos. 33 & 34)

    The Universal Institutional Funds, Inc.--U.S. Real Estate
Portfolio: Class I will be replaced by NVIT--Van Kampen NVIT Real
Estate Fund: Class I. The Universal Institutional Funds, Inc.--U.S.
Real Estate Portfolio: Class II will be replaced by NVIT--Van Kampen
NVIT Real Estate Fund: Class II. The following chart compares the
management fees, the total operating expenses (before and after any
waivers and reimbursements) expressed as an annual percentage of
average daily net assets, and the asset levels of The Universal
Institutional Funds, Inc.--U.S. Real Estate Portfolio: Class I, The
Universal Institutional Funds, Inc.--U.S. Real Estate Portfolio: Class
II, NVIT--Van Kampen NVIT Real Estate Fund: Class I and NVIT--Van
Kampen NVIT Real Estate Fund: Class II.
---------------------------------------------------------------------------

    \113\ The Adviser is entitled to receive an advisory fee at an
annual percentage of the Portfolio's average daily net assets as set
forth as follows: First $500 million 0.80%; from $500 million to $1
billion 0.75%; more than $1 billion 0.70%.
    \114\ ``Other Expenses'' include administrative services fees
which currently are 0.15%, but which are permitted to be as high as
0.25%. The full 0.25% in administrative services fees is not
reflected in ``Other Expenses'' at this time because, until at least
May 1, 2010, the Fund does not intend to pay insurance companies a
higher amount. If the full amount of administrative services fees
were charged, total operating expenses would be 1.10% and 1.35%,
respectively.
    \115\ NVIT and NFA have entered into a written contract limiting
operating expenses to 0.85% until May 1, 2010. This limit excludes
certain Fund expenses, including interest, taxes, brokerage
commissions, Rule 12b-1 fees, fees paid pursuant to an
Administrative Services Plan, short sale dividend expenses, other
expenditures which are capitalized in accordance with generally
accepted accounting principles and other non-routine expenses not
incurred in the ordinary course of the Fund's business. NVIT is
authorized to reimburse NFA for management fees previously waived or
reduced and/or for expenses previously paid by NFA, provided,
however, that any reimbursements must be paid at a date not more
than three years after the fiscal year in which NFA waived the fees
or reimbursed the expenses and the reimbursements do not cause the
Fund to exceed the expense limitation in the agreement.
    \116\ Represents assets held by the fund or listed share class.
    \117\ Based on asset levels as of 3/31/09, approximately 35% of
the Existing Fund's Class I assets will be transferred to NVIT--Van
Kampen NVIT Real Estate Fund: Class I pursuant to the Substitution.
This comprises approximately 21% of the Existing Fund's total
assets.
    \118\ Based on asset levels as of 3/31/09, approximately 13% of
the Existing Fund's Class II assets will be transferred to NVIT--Van
Kampen NVIT Real Estate Fund: Class II pursuant to the Substitution.
This comprises approximately 5% of the Existing Fund's total assets.

----------------------------------------------------------------------------------------------------------------
                                                           Existing fund                 Replacement fund
                                                 ---------------------------------------------------------------
                                                    The Universal Institutional     NVIT--Van Kampen NVIT Real
                                                   Funds, Inc.--U.S. Real Estate            Estate Fund
                                                             Portfolio           -------------------------------
                                                 --------------------------------
                                                      Class I        Class II         Class I        Class II
----------------------------------------------------------------------------------------------------------------
Management Fees.................................     \113\ 0.77%     \113\ 0.77%           0.70%           0.70%
12b-1 Fees......................................           0.00%           0.35%           0.00%           0.25%
Other Expenses..................................           0.30%           0.30%     \114\ 0.74%     \114\ 0.74%
Total Gross Expenses............................           1.07%           1.42%           1.44%           1.69%
Waivers/Reimbursements..........................           0.00%           0.00%     \115\ 0.44%     \115\ 0.44%
Total Net Expenses..............................           1.07%           1.42%           1.00%           1.25%
Fund/Class \116\ Asset Level ($MMs) (5/20/09)...    \117\ $340.9    \118\ $219.3            $3.8            $2.8
----------------------------------------------------------------------------------------------------------------

20. Van Eck Worldwide Insurance Trust--Worldwide Emerging Markets Fund
Replaced by NVIT--Gartmore NVIT Emerging Markets Fund (Substitution
Table Reference Nos. 35, 36, & 37)

    Van Eck Worldwide Insurance Trust--Worldwide Emerging Markets Fund:
Initial Class will be replaced by NVIT--Gartmore NVIT Emerging Markets
Fund: Class I or Class III, depending on the contract involved in the
Substitution. Van Eck Worldwide Insurance Trust--Worldwide Emerging
Markets Fund: Class R1 will be replaced by NVIT--Gartmore NVIT Emerging
Markets Fund: Class III. The following chart compares the management
fees, the total operating expenses (before and after any waivers and
reimbursements) expressed as an annual percentage of average daily net
assets, and the asset levels of Van Eck Worldwide Insurance Trust--
Worldwide Emerging Markets Fund: Initial Class, Van Eck Worldwide
Insurance Trust--Worldwide Emerging Markets Fund: Class R1, NVIT--
Gartmore NVIT Emerging Markets Fund: Class I and NVIT--Gartmore NVIT
Emerging Markets Fund: Class III.

----------------------------------------------------------------------------------------------------------------
                                                           Existing fund                 Replacement fund
                                                 ---------------------------------------------------------------
                                                    Van Eck Worldwide Insurance    NVIT--Gartmore NVIT Emerging
                                                     Trust--Worldwide Emerging             Markets Fund
                                                           Markets Fund          -------------------------------
                                                 --------------------------------
                                                   Initial Class     Class R1         Class I        Class III
----------------------------------------------------------------------------------------------------------------
Management Fees.................................           1.00%           1.00%     \119\ 0.95%     \119\ 0.95%
12b-1 Fees......................................           0.00%           0.00%           0.00%           0.00%
Other Expenses..................................           0.29%           0.29%     \120\ 0.28%     \121\ 0.29%
Total Gross Expenses............................           1.29%           1.29%           1.23%           1.24%
Waivers/Reimbursements..........................     \122\ 0.00%     \122\ 0.00%     \123\ 0.00%     \123\ 0.00%
Total Net Expenses..............................           1.29%           1.29%           1.23%           1.24%
Fund/Class\124\ Asset Level ($MMs) (5/20/09)....    \125\ $118.3     \126\ $37.1           $36.0          $101.6
----------------------------------------------------------------------------------------------------------------

21. Wells Fargo Advantage Variable Trust--Wells Fargo Advantage VT
Discovery Fund Replaced by NVIT--NVIT Multi-Manager Mid Cap Growth Fund
(Substitution Table Reference Nos. 38 & 39)

    Wells Fargo Advantage Variable Trust--Wells Fargo Advantage VT
Discovery Fund will be replaced by NVIT--NVIT Multi-Manager Mid Cap
Growth Fund: Class I or Class II, depending on the contract involved in
the Substitution. The following chart compares the management fees, the
total operating expenses (before and after any waivers and
reimbursements) expressed as an annual percentage of average daily net
assets, and the asset levels of Wells Fargo Advantage Variable Trust--
Wells Fargo Advantage VT Discovery Fund, NVIT--NVIT Multi-Manager Mid
Cap Growth Fund: Class I and NVIT--NVIT Multi-Manager Mid Cap Growth
Fund: Class II.
---------------------------------------------------------------------------

    \119\ Management fees have been restated to reflect the
elimination of a performance-based management fee and implementation
of an asset-based management fee equal to the lowest possible
management fee under the previous performance-based fee structure,
as approved by the Board of Trustees on September 18, 2008. Under no
circumstances, during a six-month transition period will the
management fee under the new fee structure exceed what the Adviser
would have received under the old structure assuming maximum penalty
for underperformance.
    \120\ ``Other Expenses'' include administrative services fees
which currently are 0.15%, but which are permitted to be as high as
0.25%. The full 0.25% in administrative services fees is not
reflected in ``Other Expenses'' at this time because, until at least
May 1, 2010, the Fund does not intend to pay insurance companies a
higher amount. If the full amount of administrative services fees
were charged, total operating expenses would be 1.33%.
    \121\ ``Other Expenses'' include administrative services fees
which currently are 0.16%, but which are permitted to be as high as
0.25%. The full 0.25% in administrative services fees is not
reflected in ``Other Expenses'' at this time because, until at least
May 1, 2010, the Fund does not intend to pay insurance companies a
higher amount. If the full amount of administrative services fees
were charged, total operating expenses would be 1.33%.
    \122\ For the period May 1, 2009 through April 30, 2010, the
Adviser contractually agreed to waive fees and reimburse certain
operating expenses (excluding interest, dividends paid on securities
sold short, trading expenses, taxes and extraordinary expenses) to
the extent Total Annual Fund Operating Expenses exceed 1.50% of
average daily net assets.
    \123\ NVIT and NFA have entered into a written contract limiting
operating expenses to 1.20% for all share classes until at least May
1, 2010. This limit excludes certain Fund expenses, including
interest, taxes, brokerage commissions, Rule 12b-1 fees, fees paid
pursuant to an Administrative Services Plan, short sale dividend
expenses, other expenditures which are capitalized in accordance
with generally accepted accounting principles and other non-routine
expenses not incurred in the ordinary course of the Fund's business.
NVIT is authorized to reimburse NFA for management fees previously
waived or reduced and/or for expenses previously paid by NFA
provided, however, that any reimbursements must be paid at a date
not more than three years after the fiscal year in which NFA waived
the fees or reimbursed the expenses and the reimbursements do not
cause the Fund to exceed the expense limitation in the agreement.
Currently, all share classes are operating below the expense limit.
    \124\ Represents assets held by the fund or listed share class,
as applicable.
    \125\ Based on asset levels as of 3/31/09, approximately 0.3% of
the Existing Fund's Initial Class assets will be transferred to
NVIT--Gartmore NVIT Emerging Markets Fund: Class I, representing
approximately 0.3% of the Existing Fund's total assets, and
approximately 25% of the Existing Fund's assets will be transferred
to NVIT--Gartmore NVIT Emerging Markets Fund: Class III,
representing approximately 25% of the Existing Fund's total assets,
pursuant to the Substitution.
    \126\ Based on asset levels as of 3/31/09, approximately 42% of
the Existing Fund's Class R1 assets will be transferred to NVIT--
Gartmore NVIT Emerging Markets Fund: Class III pursuant to the
Substitution. This comprises approximately 10% of the Existing
Fund's total assets.
    \127\ The following advisory fee schedule is charged to the Fund
as a percentage of the Fund's average daily net assets: 0.75% for
the first $500 million; 0.70% for the next $500 million; 0.65% for
the next $2 billion; 0.625% for the next $2 billion; and 0.60% for
assets over $5 billion.
    \128\ ``Other Expenses'' include administrative services fees
which currently are 0.07%, but which are permitted to be as high as
0.25%. The full 0.25% in administrative services fees is not
reflected in ``Other Expenses'' at this time because, until at least
May 1, 2010, the Fund does not intend to pay insurance companies a
higher amount. If the full amount of administrative services fees
were charged, total operating expenses (after fee waivers/expense
reimbursements) would be 1.07% and 1.32%, respectively.
    \129\ The adviser has committed through April 30, 2010 to waive
fees and/or reimburse expenses to the extent necessary to maintain
the Fund's net operating expenses, excluding brokerage commissions,
interest, taxes, extraordinary expenses and the expenses of any
money market fund or other fund held by the Fund, do not exceed the
net operating expense ratio of 1.15%.The committed net operating
expense ratio may be increased only with approval of the Board of
Trustees.
    \130\ NVIT and NFA have entered into a written contract limiting
operating expenses to 0.82% for all share classes until at least May
1, 2010. This limit excludes certain Fund expenses, including any
interest, taxes, brokerage commissions, Rule 12b-1 fees, fees paid
pursuant to an Administrative Services Plan, short-sale dividend
expenses, other expenditures which are capitalized in accordance
with generally accepted accounting principles and other non-routine
expenses not incurred in the ordinary course of the Fund's business.
NVIT is authorized to reimburse NFA for management fees previously
waived or reduced and/or for expenses previously paid by NFA,
provided however, that any reimbursements must be paid at a date not
more than three years after the fiscal year in which NFA waived the
fees or reimbursed the expenses and the reimbursements do not cause
the Fund to exceed the expense limitation in the agreement.
    \131\ Represents assets held by the fund or listed share class,
as applicable.
    \132\ Based on asset levels as of 3/31/09, approximately 29% of
the Existing Fund's assets will be transferred to NVIT--NVIT Multi-
Manager Mid Cap Growth Fund: Class I and approximately 0.02% of the
Existing Fund's assets will be transferred to NVIT--NVIT Multi-
Manager Mid Cap Growth Fund: Class II pursuant to the Substitution.

----------------------------------------------------------------------------------------------------------------
                                                         Existing fund                   Replacement fund
                                             -------------------------------------------------------------------
                                                                                NVIT--NVIT Multi-Manager Mid
                                                Wells Fargo Advantage Variable            Cap Growth Fund
                                                Trust--Wells Fargo Advantage VT  -------------------------------
                                                        Discovery Fund                Class I        Class II
----------------------------------------------------------------------------------------------------------------
Management Fees.............................                         \127\ 0.76%           0.75%           0.75%
12b-1 Fees..................................                               0.25%           0.00%           0.25%
Other Expenses..............................                               0.27%     \128\ 0.22%     \128\ 0.22%
Total Gross Expenses........................                               1.28%           0.97%           1.22%
Waivers/Reimbursements......................                         \129\ 0.12%     \130\ 0.08%     \130\ 0.08%
Total Net Expenses..........................                               1.16%           0.89%           1.14%
Fund/Class\131\ Asset Level ($MMs) (5/20/09)                        \132\ $112.7           $87.7          $134.2
----------------------------------------------------------------------------------------------------------------

22. Wells Fargo Advantage Variable Trust--Wells Fargo Advantage VT
Opportunity Fund Replaced by NVIT--NVIT Multi-Manager Mid Cap Value
Fund (Substitution Table Reference No. 40)

    Wells Fargo Advantage Variable Trust--Wells Fargo Advantage VT
Opportunity Fund: Investor Class will be replaced by NVIT--NVIT Multi-
Manager Mid Cap Value Fund: Class II. The following chart compares the
management fees, the total operating expenses (before and after any
waivers and reimbursements) expressed as an annual percentage of
average daily net assets, and the asset levels of Wells Fargo Advantage
Variable Trust--Wells Fargo Advantage VT Opportunity Fund: Investor
Class and NVIT--NVIT Multi-Manager Mid Cap Value Fund: Class II.
---------------------------------------------------------------------------

    \133\ The following advisory fee schedule is charged to the Fund
as a percentage of the Fund's average daily net assets:
     0.75% for the first $500 million;
     0.70% for the next $500 million;
     0.65% for the next $2 billion;
     0.625% for the next $2 billion; and
     0.60% for assets over $5 billion.
    \134\ ``Other Expenses'' include administrative services fees
which currently are 0.01%, but which are permitted to be as high as
0.25%. The full 0.25% in administrative services fees is not
reflected in ``Other Expenses'' at this time because, until at least
May 1, 2010, the Fund does not intend to pay insurance companies a
higher amount. If the full amount of administrative services fees
were charged, total operating expenses (after fee waivers/expense
reimbursements) would be 1.31%.
    \135\ The adviser has committed through April 30, 2010, to waive
fees and/or reimburse expenses to the extent necessary to ensure
that the Fund's net operating expenses, excluding brokerage
commissions, interest, taxes, extraordinary expenses and the
expenses of any money market fund or other fund held by the Fund, do
not exceed the net operating expense ratio of 1.07%.The committed
net operating expense ratio may be increased only with approval of
the Board of Trustees.
    \136\ NVIT and NFA have entered into a written contract limiting
operating expenses to 0.81% for all share classes until at least May
1, 2010. This limit excludes certain Fund expenses, including
interest, taxes, brokerage commissions, Rule 12b-1 fees, short-sale
dividend expenses, fees paid pursuant to an Administrative Services
Plan, other expenditures which are capitalized in accordance with
generally accepted accounting principles and other non-routine
expenses not incurred in the ordinary course of the Fund's business.
NVIT is authorized to reimburse NFA for management fees previously
waived or reduced and/or for expenses previously paid by NFA,
provided, however, that any reimbursements must be paid at a date
not more than three years after the fiscal year in which NFA waived
the fees or reimbursed the expenses and the reimbursements do not
cause the Fund to exceed the expense limitation in the agreement.
    \137\ Represents assets held by the fund or listed share class,
as applicable.
    \138\ Based on asset levels as of 3/31/09, approximately 53% of
the Existing Fund's assets will be transferred to the Replacement
Fund pursuant to the Substitution.

----------------------------------------------------------------------------------------------------------------
                                                                     Existing fund           Replacement fund
                                                               -------------------------------------------------
                                                                 Wells Fargo Advantage
                                                                 Variable Trust--Wells      NVIT--NVIT Multi-
                                                                   Fargo Advantage VT     Manager Mid Cap Value
                                                                   Opportunity Fund:          Fund: Class II
                                                                     Investor Class
----------------------------------------------------------------------------------------------------------------
Management Fees...............................................              \133\ 0.76%                    0.75%
12b-1 Fees....................................................                    0.25%                    0.25%
Other Expenses................................................                    0.22%              \134\ 0.13%
Total Gross Expenses..........................................                    1.23%                    1.13%
Waivers/Reimbursements........................................              \135\ 0.14%              \136\ 0.06%
Total Net Expenses............................................                    1.09%                    1.07%
Fund/Class \137\ Asset Level ($MMs) (5/20/09).................             \138\ $404.3                   $124.9
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-14288 Filed 6-17-09; 8:45 am]

BILLING CODE 8010-01-P