Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Notices 61291

6 15 U.S.C. 78q–1(b)(3)(F). 7 17 CFR 200.30–3(a)(12).

Commodity Exchange Act, and the 

positions and other assets of each 

account may not be commingled with 

those not in that account or be used to 

satisfy obligations other than those 

arising from activity in that account. 

Thus, in each place where special 

provision in OCC’s Rules is made for the 

segregated futures account, a parallel 

provision for the internal nonproprietary cross-margining account has 

been inserted with a parallel purpose 

and effect. 

(5) Regulatory Approvals 

In addition to the approval of the 

Commission, OCC must also obtain the 

approval of the CFTC to the 

commingling of positions of nonproprietary market professionals in 

futures products with their security 

options positions. OCC is concurrently 

applying to the CFTC for such approval. 

(B) Self-Regulatory Organization’s 

Statement on Burden on Competition 

OCC does not believe that the 

proposed rule change will impose any 

burden on competition. 

(C) Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

Written comments were not and are 

not intended to be solicited with respect 

to the proposed rule change, and none 

have been received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Commission finds that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder and 

particularly with the requirements of 

Section 17A(b)(3)(F) 6 of the Act, which 

requires that the rules of a clearing 

agency be designed to provide for the 

safeguarding of securities and funds 

which are in its possession or control or 

for which it is responsible. By 

establishing an internal cross-margin 

program, OCC will provide its members 

with the benefits of cross-margining, 

including greater liquidity and more 

efficient use of collateral, in a manner 

that is consistent with OCC’s overall 

risk management process.

The Commission finds good cause for 

approving the proposed rule change 

prior to the thirtieth day after the date 

of publication of notice of filing because 

such approval will allow OCC to 

implement the proposed rule change so 

that its members immediately have the 

benefits of cross-margining options on 

variability indexes with commodity 

futures on variability indexes.

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/

rules/sro.shtml) or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–OCC–2004–10 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

450 Fifth Street, NW., Washington, DC 

20549–0609. 

All submissions should refer to File 

Number SR–OCC–2004–10. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Section, 450 Fifth Street, NW., 

Washington, DC 20549. Copies of such 

filing also will be available for 

inspection and copying at the principal 

office of OCC and on OCC’s Web site at 

http://www.optionsclearing.com. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–OCC–2004–10 and should 

be submitted on or before November 5, 

2004.

For the Commission by the Division of 

Market Regulation, pursuant to delegated 

authority.7

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–2656 Filed 10–14–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3624] 

State of Alabama; Amendment #2 

In accordance with notices received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective 

September 30 and October 4, 2004, the 

above numbered declaration is hereby 

amended to establish the incident 

period as beginning September 13, 2004 

and continuing through September 30, 

2004. The declaration is also amended 

to include Chambers, Colbert, DeKalb, 

Henry, Houston, Jackson, Lauderdale, 

Limestone, Madison, Morgan, 

Randolph, and Russell as disaster areas 

due to damages caused by Hurricane 

Ivan. 

In addition, applications for economic 

injury loans from small businesses 

located in the contiguous counties of 

Carroll, Chatahoochie, Chattooga, Dade, 

Early, Heard, Seminole, Troup, and 

Walker in the State of Georgia; and 

Franklin, Hardin, Giles, Lawrence, 

Lincoln, Marion, and Wayne Counties 

in the State of Tennessee may be filed 

until the specified date at the previously 

designated location. All other counties 

contiguous to the above named primary 

counties have previously been declared. 

In addition, Autauga, Baldwin, Bibb, 

Butler, Chilton, Choctaw, Clarke, Coffee, 

Conecuh, Coosa, Covington, Crenshaw, 

Dallas, Elmore, Escambia, Geneva, 

Greene, Hale, Jefferson, Lowndes, 

Marengo, Mobile, Monroe, Montgomery, 

Perry, Pickens, Shelby, Sumter, 

Talladega, Tuscaloosa, Washington, and 

Wilcox Counties in the State of Alabama 

are also eligible under Public Assistance 

and our disaster loan program is 

available for private non-profit 

organizations that provide essential 

services of a governmental nature in 

those counties. 

The economic injury disaster number 

assigned to Tennessee is 9AE400 and 

the Public Assistance number assigned 

to Alabama is P06208. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

November 15, 2004 and for economic 

injury the deadline is June 15, 2005.

61292 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Notices 

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008).

Dated: October 6, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–23139 Filed 10–14–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3634] 

Commonwealth of Puerto Rico; 

Amendment #2 

In accordance with a notice received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective 

September 29, 2004, the above 

numbered declaration is hereby 

amended to include the Municipality of 

Fajardo as a disaster area due to 

damages caused by Tropical Storm 

Jeanne. All other municipalities 

contiguous to the above named primary 

municipality have previously been 

declared. 

In addition, Adjuntas, Aguada, 

Aguadilla, Aguas Buenas, Aibonito, 

Arecibo, Arroyo, Barceloneta, Caguas, 

Camuy, Cayey, Cidra, Comerio, Corozal, 

Culebra, Guaynabo, Hatillo, 

Hormigueros, Humacao, Jayuya, Las 

Marias, Las Piedras, Luquillo, Manati, 

Maricao, Maunabo, Morovis, Naguabo, 

Orocovis, Patillas, Quebradillas, Rincon, 

Santa Isabel, Trujillo Alto 

Municipalities, Utuado, Vieques, 

Villalba, and Yabucoa Municipalities in 

the Commonwealth of Puerto Rico are 

also eligible under Public Assistance 

and our disaster loan program is 

available for private non-profit 

organizations that provide essential 

services of a governmental nature in 

those municipalities. 

The Public Assistance number 

assigned to Puerto Rico is P06308. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

November 22, 2004 and for economic 

injury the deadline is June 21, 2005.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008.)

Dated: October 6, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–23140 Filed 10–14–04; 8:45 am] 

BILLING CODE 8025–01–P

DEPARTMENT OF STATE

[Public Notice 4861] 

Unclassified; National Interest 

Determination and Waiver of Section 

620(q) of the Foreign Assistance Act of 

1961, as Amended, Relating to 

Assistance to Ethiopia 

Pursuant to the authority vested in 

me, inter alia, by section 620(q) of the 

Foreign Assistance Act of 1961, as 

amended, (FAA) (22 U.S.C. 2370) and 

Executive Order 12163, I hereby 

determine that assistance to Ethiopia is 

in the national interest of the United 

States and waive, with respect to that 

country, the application of section 

620(q) of the FAA. 

This determination shall be reported 

to Congress and published in the 

Federal Register.

Dated: September 29, 2004. 

Colin L. Powell, 

Secretary of State, Department of State.

[FR Doc. 04–23172 Filed 10–14–04; 8:45 am] 

BILLING CODE 4710–26–P

DEPARTMENT OF STATE

[Public Notice 4850] 

In the Matter of the Designation of 

Jam’at al Tawhid wa’al-Jihad, Also 

Known as the Monotheism and Jihad 

Group, Also Known as the al-Zarqawi 

Network, Also Known as al-Tawhid, as 

a Foreign Terrorist Organization 

Pursuant to Section 219 of the 

Immigration and Nationality Act 

Based upon a review of the 

Administrative Record assembled in 

this matter, and in consultation with the 

Attorney General and the Secretary of 

the Treasury, the Secretary of State has 

concluded that there is a sufficient 

factual basis to find that the relevant 

circumstances described in section 219 

of the Immigration and Nationality Act, 

as amended (8 U.S.C. 1189, hereinafter 

‘‘INA’’), exist with respect to Jam’at al 

Tawhid wa’al-Jihad. 

Therefore, effective October 15, 2004, 

the Secretary of State hereby designates 

that organization as a foreign terrorist 

organization pursuant to section 219(1) 

of the INA.

Dated: October 8, 2004. 

Ambassador Cofer Black, 

Coordinator for Counterterrorism, 

Department of State.

[FR Doc. 04–23173 Filed 10–14–04; 5:00 pm] 

BILLING CODE 4710–10–P

DEPARTMENT OF STATE

[Public Notice 4851] 

Determination Pursuant to Section 1(b) 

of Executive Order 13224 Relating to 

the Designation of Jam’at al Tawhid 

wa’al-Jihad, Also Known as the 

Monotheism and Jihad Group, Also 

Known as the al-Zarqawi Network, Also 

Known as al-Tawhid 

Acting under the authority of section 

1(b) of Executive Order 13224 of 

September 23, 2001, as amended by 

Executive Order 13286 of July 2, 2002, 

and Executive Order 13284 of January 

23, 2003, and in consultation with the 

Secretary of the Treasury, the Attorney 

General, and the Secretary of Homeland 

Security, I hereby determine that the 

organization known as Jam’at al Tawhid 

wa’al-Jihad, also known as the 

Monotheism and Jihad Group, also 

known as the al-Zarqawi Network, also 

known as al-Tawhid, has committed, or 

poses a significant risk of committing, 

acts of terrorism that threaten the 

security of U.S. nationals or the national 

security, foreign policy, or economy of 

the United States. 

Consistent with the determination in 

section 10 of Executive Order 13224 that 

‘‘prior notice to persons determined to 

be subject to the Order who might have 

a constitutional presence in the United 

States would render ineffectural the 

blocking and other measures authorized 

in the Order because of the ability to 

transfer funds instantaneously,’’ I 

determine that no prior notice need be 

provided to any person subject to this 

determination who might have a 

constitutional presence in the United 

States because to do so would render 

ineffectual the measures authorized in 

the Order. 

This notice shall be published in the 

Federal Register.

Dated: September 27, 2004. 

Colin L. Powell, 

Secretary of State, Department of State.

[FR Doc. 04–23174 Filed 10–14–04; 5:00 pm] 

BILLING CODE 4710–10–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2004–17984] 

Qualification of Drivers; Exemption 

Applications; Vision

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT.

ACTION: Notice of final disposition.