Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Notices 49411 

effects (both positive and negative) of 

these actions. The Board has authorized 

these temporary public use limits in 

Resolution 09–19. 

Comments: The Trust received 

approximately 100 individual 

comments as well as a petition signed 

by 128 residents of Area B. The 

comments generally fall into three 

categories: (1) Inconvenience—some 

commented that temporary road 

closures, specifically the closure of 

Presidio Boulevard, would create an 

inconvenience to motorists, both to 

those who live in the Presidio as well 

as to those who live outside the park; (2) 

safety and congestion—some worry that 

rerouting traffic to other streets might 

create safety problems, especially on 

West Pacific Avenue, the roadway 

adjacent to Julius Kahn Playground; and 

(3) timing and length of study. 

Responses to Comments: In the 2002 

Presidio Trust Management Plan, the 

Trust committed to mitigate traffic 

impacts as Area B occupancy increased 

and visitation grew. The Trust has 

implemented a number of strategies and 

an array of traffic-calming measures. In 

March 2009, the Trust took traffic 

counts at all Presidio gates which 

allowed the Trust to ascertain what 

percentage of the cars entering the 

Presidio simply drove through the park 

and out another gate. The Trust 

determined that, while the Trust 

appears to have succeeded in managing 

traffic generated by park residents, 

tenants and visitors, and that the 

Presidio has sufficient capacity for 

traffic generated by anticipated land 

uses in Area B, cut-through traffic has 

become a major issue representing 

approximately 50% of the traffic in Area 

B. With the anticipated transformation 

of Doyle Drive, the landscape of the 

Presidio will be changing and new 

traffic patterns will emerge. 

This trial limitation of public use and 

resulting study will help the Trust in 

implementing its management 

responsibilities and in avoiding 

conflicts among resident, tenant and 

visitor activities by allowing the Trust to 

analyze the effects of measures that are 

intended to slow traffic and to 

discourage cut-through traffic on Area 

B’s major streets and gateways and 

through the Presidio’s residential 

neighborhoods. In particular, it will 

help the Trust plan for the effect the 

new Doyle Drive/Girard Street 

interchange may have on the use of Area 

B streets for cut-through traffic. Further, 

as implementation of the Presidio’s 

Trail and Bikeways Master Plan 

continues, the Trust expects the 

numbers of pedestrian and cyclists 

using the park to increase. Ensuring the 

safety of this growing population means 

prioritizing the traffic movements of 

park users over traffic unrelated to park 

uses. 

The study will examine the effects of 

a variety of potential traffic-calming 

solutions. The challenge is to weigh the 

benefit of a potentially significant 

reduction in traffic in the park against 

the inconvenience of using other routes. 

Cut-through traffic, especially those 

vehicles using the Presidio Boulevard 

gate, is creating congestion elsewhere in 

the Presidio. During the temporary 

closures the Trust anticipates a 

reduction in traffic volume throughout 

the Presidio. Safety concerns along West 

Pacific Avenue will be addressed 

through the addition of a speed cushion, 

increased United States Park Police 

enforcement, signage, and altering 

parking patterns to create a pedestrian 

zone out of the roadway. The study is 

scheduled for a brief window before 

construction of the Doyle Drive 

Replacement Project begins later in the 

fall. The study is designed in part to 

anticipate changes that may come about 

as a result of Doyle Drive; gathering data 

before construction begins is essential to 

undertaking an analysis of the impacts 

of potential changes. All roads will 

remain open to MUNI, PresidioGo and 

emergency vehicles. The Trust has 

considered public comment and has 

decided to proceed with the temporary 

public use limits and to terminate the 

use limits no later than 45 days after 

they commence. 

Further Information: Further 

information about the study can be 

found at http://www.presidio.gov or by 

contacting Public Affairs 

(415.561.5418), The Presidio Trust, 34 

Graham St., P.O. Box 29052, San 

Francisco, CA 94129–0052. 

Dated: September 22, 2009. 

Karen A. Cook, 

General Counsel. 

[FR Doc. E9–23313 Filed 9–25–09; 8:45 am] 

BILLING CODE 4310–4R–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Form N–4, SEC File No. 270–282, OMB 

Control No. 3235–0318. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission (the 

‘‘Commission’’) has submitted to the 

Office of Management and Budget a 

request for extension of the previously 

approved collection of information 

discussed below. 

The collection of information is 

entitled: ‘‘Form N–4 (17 CFR 239.17b 

and 274.11c) under the Securities Act of 

1933 (15 U.S.C. 77a et seq.) and under 

the Investment Company Act of 1940 

(15 U.S.C. 80a–1 et seq.) registration 

statement of separate accounts 

organized as unit investment trusts.’’ 

Form N–4 is the form used by insurance 

company separate accounts organized as 

unit investment trusts that offer variable 

annuity contracts to register as 

investment companies under the 

Investment Company Act of 1940 and/ 

or to register their securities under the 

Securities Act of 1933. The primary 

purpose of the registration process is to 

provide disclosure of financial and 

other information to investors and 

potential investors for the purpose of 

evaluating an investment in a security. 

Form N–4 also permits separate 

accounts organized as unit investment 

trusts that offer variable annuity 

contracts to provide investors with a 

prospectus containing the information 

required in a registration statement prior 

to the sale or at the time of confirmation 

or delivery of the securities. The 

estimated annual number of 

respondents filing on Form N–4 is 104 

for those filing initial registration 

statements and 1,360 for those filing 

post-effective amendments. The 

proposed frequency of response is 

annual. The estimate of the total annual 

reporting burden of the collection of 

information is approximately 278.5 

hours per initial filing and 197.25 hours 

for a post-effective amendment, for a 

total of 297,224 hours ((104 initial 

registration statements × 278.5 hours) + 

(1,360 post-effective amendments × 

197.25 hour)). Providing the information 

required by Form N–4 is mandatory. 

Responses will not be kept confidential. 

Estimates of the burden hours are made 

solely for the purposes of the Paperwork 

Reduction Act, and are not derived from 

a comprehensive or even a 

representative survey or study of the 

costs of Commission rules and forms. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid 

control number. 

Please direct general comments 

regarding the above information to the 

following persons: (i) Desk Officer for 


srobinson on DSKHWCL6B1PROD with NOTICES
49412 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Notices 

1The Death Benefit Valuation Date means the 

earlier of (1) the date that the Company has received 

both due proof of death and a written request with 

instructions as to the form of the death benefit or 

(2) the Death Benefit Commencement Date, which 

is the first day of the first payment interval for a 

death benefit that is paid as periodic payments or 

the date of payment for a death benefit that is paid 

as a lump sum. 

the Securities and Exchange 

Commission, Office of Management and 

Budget, Room 10102, New Executive 

Office Building, Washington, DC 20503 

or send an email to Shagufta Ahmed at 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

C/O Shirley Martinson, 6432 General 

Green Way, Alexandria, VA 22312; or 

send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: September 21, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–23308 Filed 9–25–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–28909; 812–13612] 

Annuity Investors Life Insurance 

Company, et al., Notice of Application 

September 22, 2009. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of application for an 

order pursuant to Section 6(c) of the 

Investment Company Act of 1940 (the 

‘‘Act’’) granting exemptions from 

Sections 2(a)(32) and 27(i)(2)(A) of the 

Act and Rule 22c–1 thereunder for the 

recapture of certain bonus credits. 

APPLICANTS: Annuity Investors Life 

Insurance Company (‘‘Annuity Investors 

Life’’), Annuity Investors Variable 

Account C (‘‘Variable Account C’’), and 

Great American Advisors, Inc. (‘‘GAA’’). 

SUMMARY OF APPLICATION: Applicants 

seek an order to permit, under specified 

circumstances, the recapture of certain 

Bonuses (defined below) applied to 

Purchase Payments (defined below) 

made under: (1) Certain deferred 

variable annuity contracts and 

certificates, described herein, that 

Annuity Investors Life has issued, 

currently issues, or will issue through 

Variable Account C under a registration 

statement field with the Commission 

under Securities Act of 1933 File No. 

333–148459 (the contracts and 

certificates, including applicable data 

pages and endorsements, are 

collectively referred to herein as the 

‘‘Current Bonus Contracts’’); and (2) 

deferred variable annuity contracts and 

certificates, including applicable data 

pages and endorsements, other than 

Current Bonus Contracts that Annuity 

Investors Life may issue in the future 

(‘‘Future Bonus Contracts,’’ and together 

with the Current Bonus Contracts, the 

‘‘Contracts’’) through Variable Account 

C, through any of its existing separate 

accounts (together with Variable 

Account C, the ‘‘Current Accounts’’), or 

through any future separate account of 

Annuity Investors Life (‘‘Future 

Accounts,’’ and together with the 

Current Accounts, the ‘‘Accounts’’). 

Such Future Bonus Contracts will be 

substantially similar to the Current 

Bonus Contracts in all material respects. 

Applicants also request that the order 

being sought extend to any other 

Financial Industry Regulatory Authority 

(‘‘FINRA’’) member broker-dealer 

controlling or controlled by, or under 

common control with Annuity Investors 

Life, whether existing or created in the 

future, that serves as a distributor or 

principal underwriter of the Contracts 

offered through the Accounts (‘‘Future 

Underwriters’’). 

DATES: Filing Dates: The application was 

filed on December 12, 2008, and an 

amended and restated application was 

filed on April 14, 2009 and September 

18, 2009. 

HEARING OR NOTIFICATION OF HEARING: An 

order granting the application will be 

issued unless the Commission orders a 

hearing. Interested persons may request 

a hearing by writing to the Secretary of 

the Commission and serving Applicants 

with a copy of the request personally or 

by mail. Hearing requests should be 

received by the Commission by 5:30 

p.m. on October 19, 2009, and should be 

accompanied by proof of service on 

Applicants, in the form of an affidavit 

or for lawyers a certificate of service. 

Hearing requests should state the nature 

of the writer’s interest, the reason for the 

request and the issues contested. 

Persons may request notification of a 

hearing by writing to the Secretary of 

the Commission. 

ADDRESSES: Secretary, Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549–1090. 

Applicants, c/o Annuity Investors Life 

Insurance Company, 525 Vine Street, 

7th Floor, Cincinnati, OH 45202, Attn: 

Karen McLaughlin, Esq. Copy to: 

Richard Choi, Jorden Burt LLP, 1025 

Thomas Jefferson Street, Suite 400 East, 

Washington, DC 20007. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Kosoff, Attorney, or Harry 

Eisenstein, Branch Chief, Office of 

Insurance Products, Division of 

Investment Management, at (202) 551– 

6795. 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained via the Commission’s 

Web site by searching for the file 

number or an applicant using the 

Company name box, at http:// 

www.sec.gov/search/search.htm or by 

calling (202) 551–8090. 

Applicants’ Representations 

1. Annuity Investors Life desires the 

flexibility, and is requesting exemptive 

relief, to recapture Bonuses of up to 5% 

of each Purchase Payment credited to 

Purchase Payments under a Contract if 

the owner returns the Contract for a 

refund during the free-look period. In 

addition, Annuity Investors Life is 

seeking exemptive relief to enable it to 

recapture the amount of any Bonus of 

up to 5% of each Purchase Payment 

credited to a Purchase Payment made 

under a Contract within the 12 month 

period that ends on the Death Benefit 

Valuation Date.1

2. Annuity Investors Life is a wholly 

owned subsidiary of Great American 

Life Insurance Company, which is a 

wholly owned subsidiary of Great 

American Financial Resources, Inc. 

(‘‘GAFRI’’). GAFRI is a wholly owned 

subsidiary of American Financial 

Group, Inc., a publicly traded holding 

company. Annuity Investors Life serves 

as depositor of Variable Account C, 

which was established on November 7, 

2001. Annuity Investors Life may 

establish one or more Future Accounts 

for which it will serve as depositor. 

3. Great American Advisors, Inc. 

(‘‘GAA’’) is the principal underwriter of 

the variable annuity products issued by 

Annuity Investors Life. GAA is a wholly 

owned subsidiary of Great American 

Financial Resources, Inc. GAA is 

registered with the Commission as a 

broker-dealer under the Securities 

Exchange Act of 1934 (‘‘Exchange Act’’) 

and is a member of FINRA. The 

Contracts are offered or will be offered 

through registered representatives of 

GAA or others who are registered 

broker-dealers under the Exchange Act 

and FINRA members, and who have 

entered into selling agreements with 

GAA or any Future Underwriter. GAA 

or any Future Underwriter may act as 

principal underwriter for any Current or 

Future Bonus Contracts issued through 

any of the Accounts. 

4. Each of the Accounts is or will be 

a segregated asset account of Annuity 

Investors Life that is or will be 


srobinson on DSKHWCL6B1PROD with NOTICES