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Federal Register / Vol. 72, No.

56 / Friday, March 23, 2007 / Notices 13837

other insurance benefits held by proposed substitution on the date of the Institution and settlement of injunctive
Contract owners of the Contracts. All substitutions for a period of two years actions;
expenses incurred in connection with from the date of the substitutions. Institution and settlement of
the proposed substitutions, including Applicants and the Insurance administrative proceedings of an
brokerage, legal, accounting, and other Companies may, however, offer enforcement nature;
fees and expenses, will be paid by the additional benefits through one or more Resolution of litigation claims; and
Insurance Companies. In addition, the Benefit Riders to owners of such Other matters relating to enforcement
proposed substitutions will not impose Contracts during such two year period proceedings.
any tax liability on Contract owners. and impose additional separate account At times, changes in Commission
The proposed substitutions will not charges related to the purchase of any priorities require alterations in the
cause the Contract fees and charges such additional benefits. scheduling of meeting items.
currently being paid by existing 13. Applicants represent that none of For further information and to
Contract owners to be greater after the the Replacement Funds was established ascertain what, if any, matters have been
proposed substitutions than before the for the purpose of effecting the added, deleted or postponed, please
proposed substitutions. No fees will be substitutions. contact:
charged on the transfers made at the The Office of the Secretary at (202)
time of the proposed substitutions Conclusion
551–5400.
because the proposed substitutions will For the reasons and upon the facts set
forth above, Applicants submit that the Dated: March 21, 2007.
not be treated as a transfer for the
purpose of assessing transfer charges or requested order meets the standards set Florence E. Harmon,
for determining the number of forth in Section 26(c). Applicants Deputy Secretary.
remaining permissible transfers in a request an order of the Commission, [FR Doc. E7–5429 Filed 3–22–07; 8:45 am]
Contract year. pursuant to Section 26(c) of the Act, BILLING CODE 8010–01–P
9. In addition to the prospectus approving the Substitutions.
supplements distributed to owners of For the Commission, by the Division of
Contracts, within five business days Investment Management, pursuant to SECURITIES AND EXCHANGE
after the proposed substitutions, delegated authority. COMMISSION
Contract owners will be sent a written Florence E. Harmon, [Release No. 34–55486; File No. SR–BSE–
notice informing them that the Deputy Secretary. 2007–12]
substitutions were carried out and that
[FR Doc. E7–5315 Filed 3–22–07; 8:45 am]
they may transfer all Contract value or Self-Regulatory Organizations; Boston
BILLING CODE 8010–01–P
cash value under a Contract invested in Stock Exchange, Inc.; Notice of Filing
any one of the Subaccounts on the date and Order Granting Accelerated
of the notice to another Subaccount Approval of Proposed Rule Change To
SECURITIES AND EXCHANGE
available under their Contract at no cost Apply Non-BeX Executed Trade Fee
COMMISSION
and without regard to the usual limit on Retroactively
the frequency of transfers from the Sunshine Act Meeting
variable account options to the fixed March 16, 2007.
account options. The notice will also Notice is hereby given, pursuant to Pursuant to Section 19(b)(1) of the
reiterate that (other than with respect to the provisions of the Government in the Securities Exchange Act of 1934
‘‘market timing’’ activity) the Insurance Sunshine Act, Public Law 94–409, that (‘‘Act’’),1 and Rule 19b–4 thereunder,2
Company will not exercise any rights the Securities and Exchange notice is hereby given that on March 2,
reserved by it under the Contracts to Commission will hold the following 2007, the Boston Stock Exchange, Inc.
impose additional restrictions on meeting during the week of March 26, (‘‘BSE’’ or ‘‘Exchange’’) filed with the
transfers or to impose any charges on 2007: Securities and Exchange Commission
transfers until at least 30 days after the A Closed Meeting will be held on (‘‘Commission’’) the proposed rule
proposed substitutions. The Insurance Wednesday, March 28, 2007 at 2 p.m. change as described in Items I and II
Companies will also send each Contract Commissioners, Counsels to the below, which Items have been
owner current prospectuses for the Commissioners, the Secretary to the substantially prepared by the Exchange.
Replacement Funds involved. Commission, and recording secretaries The Commission is publishing this
10. Each Insurance Company may also will attend the Closed Meeting. Certain notice to solicit comments on the
seek approval of the proposed staff members who have an interest in proposed rule change from interested
substitutions from any state insurance the matters may also be present. persons and to approve the proposed
regulators whose approval may be The General Counsel of the rule change on an accelerated basis.
necessary or appropriate. Commission, or his designee, has
11. For a two year period following certified that, in his opinion, one or I. Self-Regulatory Organization’s
the date of the Substitutions, the more of the exemptions set forth in 5 Statement of the Terms of Substance of
Applicants agree that the total operating U.S.C. 552b(c) (5), (7), 9(B) and (10) and the Proposed Rule Change
expenses of each Replacement Fund 17 CFR 200.402(a) (5), (7), 9(ii) and (10) The BSE proposes to make SR–BSE–
(taking into account any expense waiver permit consideration of the scheduled 2007–11, a rule filing amending the
or reimbursement) will not exceed on an matters at the Closed Meeting. Boston Equities Exchange (‘‘BeX’’) fee
annualized basis the net expense level Commissioner Nazareth, as duty schedule to include a transaction fee to
of the corresponding Existing Fund for officer, voted to consider the items be charged to BSE Members who request
the 2005 fiscal year. listed for the closed meeting in a closed a BeX Purchase & Sale Blotter reflecting
sroberts on PROD1PC70 with NOTICES

12. The Applicants agree that the session. the transaction information related to
Insurance Companies will not increase The subject matter of the Closed the execution of a single order, part of
total separate account charges (net of Meeting scheduled for Wednesday,
any reimbursements or waivers) for any March 28, 2007 will be: 1 15 U.S.C. 78s(b)(1).
outstanding Contracts involved in the Formal orders of investigation; 2 17 CFR 240.19b–4.

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