39860 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Notices 

Dated: July 17, 2007. 

R. Michelle Schroll, 

Office of the Secretary. 

[FR Doc. 07–3556 Filed 7–18–07; 10:46 am] 

BILLING CODE 7690–01–P 

POSTAL REGULATORY COMMISSION 

Briefing on Industry Service Tracking 

System 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of briefing. 

SUMMARY: Representatives from the Red 

Tag News Publications will present a 

briefing on Tuesday, July 24, 2007, 

beginning at 10 a.m., in the Postal 

Regulatory Commission’s main 

conference room. The briefing will 

address service standard measurement 

for certain Periodicals mailings. The 

briefing is open to the public. 

DATES: July 24, 2007. 

ADDRESSES: Postal Regulatory 

Commission, 901 New York Avenue, 

NW., Suite 200, Washington, DC 20268–

0001. 

FOR FURTHER INFORMATION CONTACT: Ann 

C. Fisher, Chief of Staff, Postal 

Regulatory Commission, 202–789–6803. 

Steven W. Williams, 

Secretary. 

[FR Doc. 07–3545 Filed 7–19–07; 8:45 am] 

BILLING CODE 7710–FW–M 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–27886; File No. 812–13333] 

Delaware VIP Trust et al., Notice of 

Application 

July 16, 2007. 

AGENCY: Securities and Exchange 

Commission (‘‘SEC’’ or the 

‘‘Commission’’). 

ACTION: Notice of application 

(‘‘Application’’) for exemption, pursuant 

to section 6(c) of the Investment 

Company Act of 1940, as amended (the 

‘‘1940 Act’’), from the provisions of 

sections 9(a), 13(a), 15(a) and 15(b) of 

the Act and Rules 6e–2(b)(15) and 6e–

3(T)(b)(15) thereunder. 

Applicants: Delaware VIP Trust (the 

‘‘Fund’’) and Delaware Management 

Company, a series of Delaware 

Management Business Trust and 

investment manager to the Fund 

(‘‘DMC’’) (collectively the 

‘‘Applicants’’). 

SUMMARY: Applicants request an order 

exempting them from the provisions of 

sections 9(a), 13(a), 15(a) and 15(b) of 

the Act and Rules 6e–2(b)(15) and 6e–

3(T)(b)(15) thereunder, to the extent 

necessary to permit shares of the Fund 

and shares of any other investment 

company or portfolio that is designed to 

fund insurance products and for which 

DMC or any of its affiliates, may serve 

in the future as investment adviser, 

manager, principal underwriter, 

sponsor, or administrator (‘‘Future 

Funds’’) (the Fund, together with Future 

Funds, the ‘‘Funds’’) to be sold to and 

held by: (a) Separate accounts funding 

variable annuity contracts and variable 

life insurance policies (collectively 

‘‘Variable Contracts’’) issued by both 

affiliated life insurance companies and 

unaffiliated life insurance companies; 

(b) trustees of qualified group pension 

and group retirement plans outside of 

the separate account context (‘‘Qualified 

Plans’’); (c) separate accounts that are 

not registered as investment companies 

under the 1940 Act pursuant to 

exemptions from registration under 

section 3(c) of the 1940 Act; (d) DMC or 

its affiliates who serve or may serve as 

an investment manager, investment 

adviser, principal underwriter, sponsor 

or administrator of a Fund (collectively, 

‘‘DMC Entities’’) for the purpose of 

providing initial capital to a Fund; and 

(e) any other account of a Participating 

Insurance Company permitted to hold 

shares of the Funds (‘‘General 

Account’’). 

DATES: The Application was filed on 

September 26, 2006, and amended on 

July 11, 2007. 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 August 8, 2007, 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 requester’s interest, the reason for 

the request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

writing to the Secretary of the 

Commission. 

ADDRESSES: The Commission: Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090; Applicants: David P. 

O’Connor, Esq. c/o Delaware VIP Trust, 

2005 Market Street, Philadelphia, 

Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Marquigny, Senior Counsel, 

or Joyce M. Pickholz, 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 

is available for a fee from the SEC’s 

Public Reference Branch, 100 F Street, 

NE., Room 1580, Washington, DC 20549 

(telephone (202) 551–8090). 

Applicant’s Representations 

1. The Fund (File No. 811–05162) is 

registered under the 1940 Act as an 

open-end management investment 

company comprised of and offering 

shares of beneficial interest (‘‘shares’’) 

in 15 investment portfolios (each a 

‘‘Portfolio’’ and, collectively, the 

‘‘Portfolios’’). The Fund or any Future 

Funds may offer one or more additional 

investment portfolios in the future (also 

referred to as ‘‘Portfolios’’). Applicants 

state that the Fund’s shares are 

registered under the Securities Act of 

1933, as amended (the ‘‘1933 Act’’) (File 

No. 033–14363) and the investment 

manager to the Fund, DMC, is registered 

with the Commission as an investment 

adviser under the Investment Advisers 

Act of 1940, as amended. 

2. Applicants represent that there will 

be no public shareholders of any 

Portfolio. Applicants state that pursuant 

to exemptive relief provided in a 1987 

SEC order (Rel. IC–16105), Fund shares 

are being offered to both affiliated and 

unaffiliated insurance company separate 

accounts funding variable annuity or 

variable life insurance products. 

Applicants state that separate accounts 

which currently or in the future may 

hold shares are (or will be) registered as 

unit investment trusts under the 1940 

Act or exempt from such registration 

(individually, a ‘‘Separate Account’’ and 

collectively, ‘‘Separate Accounts’’). 

Insurance companies whose Separate 

Account(s) may now or in the future 

own shares are referred to herein as 

‘‘Participating Insurance Companies.’’

3. Applicants propose that the Funds 

be permitted to offer and/or sell shares 

to Separate Accounts funding Variable 

Contracts issued by Participating 

Insurance Companies. Applicants 

represent that the Participating 

Insurance Companies at the time of their 

investment in the Funds either have or 

will establish their own Separate 

Accounts and design their own Variable 

Contracts. Each Participating Insurance 

Company has or will have the legal 

obligation of satisfying all applicable 

requirements under both state and 

mstockstill on PROD1PC66 with NOTICES