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65230 Federal Register / Vol. 69, No.

217 / Wednesday, November 10, 2004 / Notices

2004, Noramco Inc., 1440 Olympic A copy of the ICR can be obtained by worker, employer and stakeholder
Drive, Athens, Georgia 30601, made contacting the individual listed below behavior as a result of the compliance
application by letter to the Drug in the ADDRESSES section of this notice. assistance received. DOL proposes to
Enforcement Administration (DEA) for DATES: Written comments must be seek approval of this collection of
registration as a bulk manufacturer of submitted to the office listed in the information for a three year period.
Codeine (9050), a basic class of ADDRESSES section below on or before Type of Review: New collection of
controlled substance in Schedule II. January 10, 2005. information.
The company plans to utilize codeine ADDRESSES: Send comments to Barbara Agency: Office of the Assistant
to produce small quantities of naturally Bingham, Office of the Assistant Secretary for Policy, Office of
occurring codeine impurities for use in Secretary for Policy, 200 Constitution Compliance Assistance.
quality assurance and internal testing of Avenue, NW., Room S–2312, Title: Information Collection Request
the finished products. Washington, DC 20210. Ms. Bingham for the Assessment of Compliance
Any other such applicant and any can be reached on 202–693–5080 (this is Assistance Activities Generic Clearance.
person who is presently registered with not a toll-free number) or by e-mail at OMB Number: 1225–0NEW.
DEA to manufacture such a substance Affected Public: Individuals and
may file comments or objections to the SUPPLEMENTARY INFORMATION:
households; business or other for-profit;
issuance of the proposed registration not-for-profit institutions; farms; Federal
pursuant to 21 CFR 1301.33(a). I. Background Government; and State, Local, or Tribal
Any such comments or objections The Department of Labor (DOL) Government.
may be addressed, in quintuplicate, to proposes to assess and measure self- Frequency: On occasion.
the Deputy Assistant Administrator, reported changes in behavior through Number of Respondents: 29,995.
Office of Diversion Control, Drug surveys of workers, employers and other Annual Responses: 9,998.
Enforcement Administration, United stakeholders. These surveys will Average Time Per Response: Varies by
States Department of Justice, provide feedback on compliance survey/evaluation with an average of 13
Washington, DC 20537, Attention: assistance documents and materials, minutes per survey.
Federal Register Representative, Office onsite consultation visits, telephone and Total Annual Burden Hours: 2,202.
of Liaison and Policy (ODLR) and must technical assistance, Web sites, Total Burden Cost (capital/startup):
be filed no later than January 10, 2005. partnerships and alliances, and $0.
Dated: November 1, 2004. compliance assistance seminars and Total Burden Cost (operating/
workshops delivered by DOL across the maintenance: $0.
William J. Walker,
country to the regulated community. Comments submitted in response to
Deputy Assistant Administrator, Office of this notice will be summarized and/or
Diversion Control, Drug Enforcement This feedback will help DOL agencies
Administration. improve the future quality and delivery included in the request for Office of
of compliance assistance tools and Management and Budget approval of the
[FR Doc. 04–25102 Filed 11–9–04; 8:45 am]
services. This generic clearance allows information collection request; they also
agencies to gather information from both will become a matter of public record.
Federal and non-Federal users. Signed at Washington, DC this 4th day of
November, 2004.
DEPARTMENT OF LABOR II. Desired Focus of Comments
David Gray,
Office of the Secretary The Department of Labor is Acting Assistant Secretary, Office of the
particularly interested in comments Assistant Secretary for Policy.
Proposed Collection; Comment which: [FR Doc. 04–25048 Filed 11–9–04; 8:45 am]
Request • Evaluate whether the proposed
collection of information is necessary
ACTION: Notice. for the proper performance of the
functions of the agency, including DEPARTMENT OF LABOR
SUMMARY: The Department of Labor, as
whether the information will have
part of its continuing effort to reduce practical utility; Employee Benefits Security
paperwork and respondent burden, • Evaluate the accuracy of the Administration
conducts a pre-clearance consultation agency’s estimate of the burden of the
program to provide the general public proposed collection of information, [Prohibited Transaction Exemption 2004–
and Federal agencies an opportunity to 17; (Exemption Application No. D–11223) et
including the validity of the al.]
comment on proposed and/or methodology and assumptions used;
continuing collections of information in • Enhance the quality, utility, and
accordance with the Paperwork Grant of Individual Exemptions; Linda
clarity of the information to be Ann Smith, M.D. Profit Sharing Plan
Reduction Act of 1995 (PRA95) (44 collected; and
U.S.C. 3506(c)(2)(A)). This program and Trust (the Plan)
• Minimize the burden of the
helps to ensure that requested data can collection of information on those who AGENCY: Employee Benefits Security
be provided in the desired format, are to respond, including through the Administration, Labor.
reporting burden (time and financial use of appropriate automated, ACTION: Grant of individual exemptions.
resources) is minimized, collection electronic, mechanical, or other
instruments are clearly understood, and technological collection techniques or SUMMARY: This document contains
the impact of collection requirements other forms of information technology, exemptions issued by the Department of
can be properly assessed. Currently, e.g., permitted electronic submissions of Labor (the Department) from certain of
Departmental Management is soliciting response. the prohibited transaction restrictions of
comments concerning the proposed the Employee Retirement Income
Information Collection Request (ICR) for III. Current Actions Security Act of 1974 (the Act) and/or
the Assessment of Compliance DOL agencies have conducted few the Internal Revenue Code of 1986 (the
Assistance Activities Generic Clearance. surveys designed to assess changes in Code).

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Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 65231

A notice was published in the Federal which is owned by the Plan and (the CDC Loan). This exemption is
Register of the pendency before the allocated to the individually-directed subject to the following conditions:
Department of a proposal to grant such account (the Account) in the Plan of (a) The Plan pays the lesser of (1)
exemption. The notice set forth a Linda Ann Smith, M.D., for one $7,985,000 or (2) the fair market value
summary of facts and representations unimproved tract of land (Lot 85) of the Property at the time of the
contained in the application for located in San Pedro Creek Estates, New purchase of the Property;
exemption and referred interested Mexico, which is owned jointly by Dr. (b) The fair market value of the
persons to the application for a Smith, and her spouse, Mr. Harold G. Property is established by an
complete statement of the facts and Field (the Applicants). independent, qualified real estate
representations. The application has This exemption is subject to the appraiser that is unrelated to the CDC or
been available for public inspection at following conditions: any other party in interest with respect
the Department in Washington, DC. The (a) The exchange of Lot 154 by the
to the Plan;
notice also invited interested persons to Account for Lot 85 owned by the
Applicants is a one-time transaction. (c) The Plan will not pay any
submit comments on the requested
(b) The fair market value of Lot 154 commissions or other expenses with
exemption to the Department. In
and Lot 85 is determined by qualified, respect to the transactions.
addition the notice stated that any
interested person might submit a independent appraisers, who will (d) An independent, qualified
written request that a public hearing be update their appraisal reports at the fiduciary (the I/F), after analyzing the
held (where appropriate). The applicant time the exchange is consummated. relevant terms of the transactions,
has represented that it has complied (c) For purposes of the exchange, Lot determines that the transactions are in
with the requirements of the notification 85 has a fair market value that is more the best interest of the Plan and its
to interested persons. No requests for a than the fair market value of Lot 154. participants and beneficiaries;
hearing were received by the (d) The terms and conditions of the (e) In determining the fair market
Department. Public comments were exchange are at least as favorable to the value of the Property, the I/F obtains an
received by the Department as described Account as those obtainable in an arm’s appraisal from an independent,
in the granted exemption. length transaction with an unrelated qualified appraiser and ensures that the
The notice of proposed exemption party. appraisal is consistent with sound
was issued and the exemption is being (e) The exchange does not involve principles of valuation;
granted solely by the Department more than 25 percent of the Account’s (f) The terms and conditions of the
because, effective December 31, 1978, assets. CDC Loan are at least as favorable to the
section 102 of Reorganization Plan No. (f) Dr. Smith is the only participant in Plan as those which the Plan could have
4 of 1978, 5 U.S.C. App. 1 (1996), the Plan whose Account is affected by obtained in an arm’s-length transaction
transferred the authority of the Secretary the exchange and she desires that the with an unrelated party;
of the Treasury to issue exemptions of transaction be consummated.
(g) The Account does not pay any real (g) The Bank Loan is repaid by the
the type proposed to the Secretary of Plan solely with funds the Plan retains
estate fees or commissions in
Labor. after paying all of its operational
conjunction with the exchange.
Statutory Findings For a complete statement of the facts expenses;
and representations supporting the (h) The I/F will ensure that the terms
In accordance with section 408(a) of
Department’s decision to grant this and conditions relating to the Guarantee
the Act and/or section 4975(c)(2) of the
exemption refer to the notice of are in the best interest of the Plan and
Code and the procedures set forth in 29
proposed exemption published on its participants and beneficiaries;
CFR Part 2570, Subpart B (55 FR 32836,
32847, August 10, 1990) and based upon September 10, 2004 at 69 FR 54810. (i) The CDC will waive any right to
the entire record, the Department makes FOR FURTHER INFORMATION CONTACT: Mr. recover from the Plan in the event that
the following findings: Arjumand A. Ansari of the Department the Bank enforces the Guarantee against
(a) The exemption is administratively at (202) 693–8566. (This is not a toll-free the CDC;
feasible; number.) (j) If at any time the Plan does not
(b) The exemption is in the interests have sufficient funds to make a payment
Carpenters’ Joint Training Fund of St.
of the plan and its participants and on the CDC Loan, after meeting
Louis (the Plan), Located in St. Louis,
beneficiaries; and operational expenses and payments on
(c) The exemption is protective of the the Bank Loan, then payments on the
rights of the participants and [Prohibited Transaction Exemption No. CDC Loan will be suspended, without
beneficiaries of the plan. 2004–18; (Application No. L–11181)] additional interest or penalty, until such
Exemption funds are available; and
Linda Ann Smith, M.D. Profit Sharing
Plan and Trust (the Plan) Located in (k) The I/F will take whatever actions
The restrictions of sections 406(a),
Albuquerque, NM it deems necessary to protect the rights
406(b)(1) and (b)(2) of the Act shall not
of the Plan with respect to the Property
[Prohibited Transaction Exemption 2004–17; apply to: (1) The purchase of a parcel of
and the transactions.
(Exemption Application No. D–11223)] improved real property located at 8300
Valcour Avenue, St. Louis County, For a more complete statement of the
Exemption Missouri, (the Property) by the Plan facts and representations supporting the
The restrictions of sections 406(a), from the Carpenters District Council of Department’s decision to grant this
406(b)(1) and (b)(2) of the Act and the Greater St. Louis (the CDC), a party in exemption, refer to the Notice of
sanctions resulting from the application interest to the Plan; (2) The guarantee Proposed Exemption published on July
of section 4975 of the Code by reason of (the Guarantee) by the CDC of a $6 20, 2004 at 69 FR 43450.
section 4975(c)(1)(A) through (E) of the million loan from an unrelated bank FOR FURTHER INFORMATION CONTACT:
Code shall not apply to the proposed (the Bank Loan) for the benefit of the Khalif Ford of the Department,
exchange of an unimproved tract of land Plan; and (3) An unsecured loan for up telephone (202) 693–8540 (this is not a
located in Nathrop, Colorado (Lot 154), to $1 million from the CDC to the Plan toll-free number).

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65232 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices

General Information ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 [(1) Persons who have been
The attention of interested persons is notice is hereby given that on October continuously registered for more than
directed to the following: 6, 2004, the Chicago Board Options ten years as of the effective date of this
(1) The fact that a transaction is the Exchange, Incorporated (‘‘CBOE’’ or Rule are exempt from the requirements
subject of an exemption under section ‘‘Exchange’’) filed with the Securities of this rule relative to participation in
and Exchange Commission the Regulatory Element of the
408(a) of the Act and/or section
(‘‘Commission’’) the proposed rule continuing education program, provided
4975(c)(2) of the Code does not relieve
change as described in Items I and II such persons have not been subject to
a fiduciary or other party in interest or
below, which Items have been prepared any disciplinary action within the last
disqualified person from certain other
by the Exchange. The CBOE has filed ten years as enumerated in subsection
provisions to which the exemption does
the proposal as a ‘‘non-controversial’’ (a)(3)(i)–(ii) of this Rule. However,
not apply and the general fiduciary
rule change pursuant to Section persons delegated supervisory
responsibility provisions of section 404
19(b)(3)(A) of the Act 3 and Rule 19b– responsibility or authority pursuant to
of the Act, which among other things
4(f)(6) thereunder,4 which renders the Rule 9.8 and registered in such
require a fiduciary to discharge his
proposal effective upon filing with the supervisory capacity are exempt from
duties respecting the plan solely in the
Commission. The Commission is participation in the Regulatory Element
interest of the participants and publishing this notice to solicit under this provision only if they have
beneficiaries of the plan and in a comments on the proposed rule change been continuously registered in a
prudent fashion in accordance with from interested persons. supervisory capacity for more than 10
section 404(a)(1)(B) of the Act; nor does years as of the effective date of this rule
it affect the requirement of section I. Self-Regulatory Organization’s
and provided that such supervisory
401(a) of the Code that the plan must Statement of the Terms of Substance of
person has not been subject to any
operate for the exclusive benefit of the the Proposed Rule Change
disciplinary action under subsection
employees of the employer maintaining The CBOE proposes to amend CBOE (a)(3)(i)–(ii) of this rule. In the event that
the plan and their beneficiaries; Rule 9.3A relating to Continuing a registered person who is exempt from
(2) This exemption is supplemental to Education for Registered Persons. The participation in the Regulatory Element
and not in derogation of, any other proposed rule change would eliminate subsequently becomes the subject of a
provisions of the Act and/or the Code, all exemptions from the requirement to disciplinary action as enumerated in
including statutory or administrative complete the Regulatory Element of the subsection (a)(3)(i)–(ii), such person
exemptions and transactional rules. Continuing Education Program. Below shall be required to satisfy the
Furthermore, the fact that a transaction is the text of the proposed rule change. requirements of the Regulatory Element
is subject to an administrative or Proposed new language is in italics. as if the date the disciplinary action
statutory exemption is not dispositive of Deletions are in [brackets]. becomes final is the person’s initial
whether the transaction is in fact a registration anniversary date.]
prohibited transaction; and Chapter IX
(1) [(2)] Failure to complete—Unless
(3) The availability of this exemption Rule 9.3A. Continuing Education for otherwise determined by the Exchange,
is subject to the express condition that Registered Persons any registered persons who have not
the material facts and representations (a) Regulatory Element—No member completed the Regulatory Element of
contained in the application accurately or member organization shall permit the program within the prescribed time
describes all material terms of the any registered person to continue to, frames will have their registration
transaction which is the subject of the and no registered person shall continue deemed inactive until such time as the
exemption. to, perform duties as a registered person, requirements of the program have been
Signed at Washington, DC, this 5th day of unless such person has complied with satisfied. Any person whose registration
November, 2004. the continuing education requirements has been deemed inactive under this
Ivan Strasfeld, of Section (a) of this Rule. Rule shall cease all activities as a
Director of Exemption Determinations, Each registered person shall complete registered person and is prohibited from
Employee Benefits Security Administration, the Regulatory Element of the performing any duties and functioning
U.S. Department of Labor. continuing education program in any capacity requiring registration.
[FR Doc. 04–25106 Filed 11–9–04; 8:45 am] beginning with the occurrence of their The Exchange may, upon application
BILLING CODE 4510–29–P second registration anniversary date and and a showing of good cause, allow for
every three years thereafter, or as additional time for a registered person
otherwise prescribed by the Exchange. to satisfy the program requirements.
On each occasion, the Regulatory (2) [(3) Re-entry into program]
SECURITIES AND EXCHANGE Disciplinary Actions—Unless otherwise
Element must be completed within one
COMMISSION determined by the Exchange, a
hundred twenty days after the person’s
[Release No. 34–50630; File No. SR–CBOE– registration anniversary date. A person’s registered person will be required to [re-
2004–62] initial registration date, also known as enter] re-take the Regulatory Element
the ‘‘base date’’, shall establish the cycle and satisfy all of its requirements in the
Self-Regulatory Organizations; of anniversary dates for purposes of this event such person:
Chicago Board Options Exchange, Rule. The content of the Regulatory (i) Becomes subject to any statutory
Incorporated; Notice of Filing and Element of the program shall be disqualification as defined in Section
Immediate Effectiveness of Proposed determined by the Exchange for each 3(a)(39) of the Securities Exchange Act
Rule Change To Amend Exchange registration category of persons subject of 1934;
Rule 9.3A Relating to Continuing to the Rule. (ii) Becomes subject to suspension or
Education for Registerd Persons to the imposition of a fine of $5,000 or
1 15 U.S.C. 78s(b)(1). more for violation of any provision of
November 3, 2004. 2 17 any securities law or regulation, or any
CFR 240.19b–4.
Pursuant to Section 19(b)(1) of the 3 15 U.S.C. 78s(b)(3)(A). agreement with or rule or standard of
Securities Exchange Act of 1934 (the 4 17 CFR 240.19b–4(f)(6). conduct of any securities governmental

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