63190 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 

11See Securities Exchange Act Release No. 44727 

(August 20, 2001), 66 FR 45351 (August 28, 2001).

12See Securities Exchange Act Release No. 46914 

(November 26, 2002), 67 FR 72261 (December 4, 

2002).

13 15 U.S.C. 78s(b)(3)(A)(iii).

14 17 CFR 240.19b–4(f)(4). 15 17 CFR 200.30–3(a)(12).

No adjustment would be made, 

however, if the adjustment would 

amount to less than $0.125 per share.

Conforming changes have been made 

to Interpretation and Policy .08 of 

Article XII, Futures and Futures 

Options, Section 3, which covers 

adjustments to stock futures on fund 

shares and parallels the provisions of 

Interpretation and Policy .08 of Article 

VI, Section 11. In addition, technical 

changes have been made to 

Interpretation .08 of Article VI, Section 

3 to (i) fix garbled text as originally filed 

in SR–OCC–2001–07 and approved by 

the Commission 11 and (ii) delete the 

term ‘‘stock’’ as a modifier for ‘‘fund 

shares’’ in order to further conform the 

Interpretation to the changes proposed 

in SR–OCC–2002–22 and approved by 

the Commission.12

OCC believes that the proposed rule 

change is consistent with the purposes 

and requirements of Section 17A of the 

Act, as amended, because it codifies 

exceptions to OCC’s adjustment policies 

made by adjustment panels of the 

Securities Committee that were 

intended to promote fairness to buyers 

and sellers of options contracts, the 

maintenance of fair and orderly markets, 

and consistency of interpretation and 

practice. 

(B) Self-Regulatory Organization’s 

Statement on Burden on Competition 

OCC does not believe that the 

proposed rule change would 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 foregoing rule change has become 

effective pursuant to section 

19(b)(3)(A)(iii) of the Act 13 and Rule 

19b–4(f)(4) 14 promulgated thereunder 

because the proposal effects a change in 

an existing service of OCC that (A) does 

not adversely affect the safeguarding of 

securities or funds in the custody or 

control of OCC or for which it is 

responsible and (B) does not 

significantly affect the respective rights 

or obligations of OCC or persons using 

the service. At any time within sixty 

days of the filing of the proposed rule 

change, the Commission may summarily 

abrogate such rule change if it appears 

to the Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act.

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–2004–18 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–2004–18. 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–2004–18 and should 

be submitted on or before November 19, 

2004.

For the Commission by the Division of 

Market Regulation, pursuant to delegated 

authority.15

Jill M. Peterson, 

Assistant Secretary.

[FR Doc. E4–2907 Filed 10–28–04; 8:45 am] 

BILLING CODE 8010–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary 

Privacy Act of 1974: System of 

Records

AGENCY: Department of Transportation, 

Office of the Secretary.

ACTION: Notice to establish a system of 

records. 

SUMMARY: DOT proposes to establish a 

new system of records under the Privacy 

Act of 1974.

EFFECTIVE DATE: December 8, 2004. If no 

comments are received, the proposal 

will become effective on the above date. 

If comments are received, the comments 

will be considered and, where adopted, 

the documents will be republished with 

changes.

ADDRESSES: Address all comments 

concerning this notice to Yvonne L. 

Coates, Department of Transportation, 

Office of the Secretary, 400 7th Street, 

SW., Washington, DC 20590, (202) 366–

6964 (telephone), (202) 366–7024 (fax) 

Yvonne.Coates@ost.dot.gov (Internet 

address).

FOR FURTHER INFORMATION CONTACT:

Theresa Rowlett, (202) 385–2323, Chief, 

Business Information and Operations 

Division, Federal Motor Carrier Safety 

Administration.

SUPPLEMENTARY INFORMATION: The 

Department of Transportation system of 

records notices subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

have been published in the Federal 

Register and are available from the 

above mentioned address.

SYSTEM NUMBER: 

DOT/FMCSA 04. 

SYSTEM NAME: 

Safety Violation and Consumer 

Complaint Safety Hotline Database. 

SECURITY CLASSIFICATION: 

Unclassified, sensitive. 

Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63191

SYSTEM LOCATION: 

The system is located at the 

Computing Technology, Inc. (CoTs), 

3028 Javier Road, Suite 400, Fairfax, 

Virginia. The office is under the 

direction and supervision of the Office 

of Communications (MC–CM), Federal 

Motor Carrier Safety Administration 

(FMCSA). 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM OF RECORDS: 

Individuals who have filed Safety 

and/or Commercial complaints. 

Complaints filed are the results of 

alleged violations of safety and/or 

commercial regulations. The majority of 

commercial complaints filed are against 

household goods (HHG) movers. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records and reports in this system 

may include: 

1. HHG commercial complaints 

2. Acknowledgement letter to 

complainant 

3. Notification letter to carrier 

4. Commercial HHG press release 

setup 

5. HHG carrier complaint history 

6. HHG complaints searches (DOT#, 

MC#, State, Tracking#, Complainant, 

Respondent, Date) 

7. Safety violations reports 

8. Safety violations and commercial 

report generator 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

49 U.S.C. 314104, 49 U.S.C. 14702. 

PURPOSES: 

The system has multiple purposes. 

First, the data collected will provide 

FMCSA with statistical information 

regarding commercial motor carriers, in 

particular the household goods moving 

industry. Using this information, 

FMCSA will target motor carriers with 

high levels of complaints for 

enforcement actions. The information 

will be used to promote compliance 

with Federal Motor Carrier Safety and 

Commercial Regulations. In addition, 

this statistical information will be used 

to develop guidance and direction for 

the general public—identifying the most 

common problems and the means to 

avoid them. This information will also 

be used to develop and maintain a list 

of problem movers. This information 

will be made public so that consumers 

can avoid using these problem 

companies. 

Lastly, this information will be used, 

at the complainant’s discretion, to assist 

in reconciling complaints. The mover 

will be informed of the complaint and 

will be encouraged to resolve the issue 

with the complainant. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

See Prefatory Notice of General 

Routine Uses.

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Not applicable. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The data within the Safety Violation 

and Consumer Household Goods 

Complaint Hotline database is stored 

within a Microsoft Access 2000 

database. Direct access to the database 

from the Internet is protected and 

blocked via our multi-layering 

architecture. Access to the data is 

protected by using username and 

password authentication of only 

FMCSA approved users. Usernames and 

passwords follow the DOT standards for 

creation and refreshing periods of 90 

days. The communication during user 

authentication and throughout the 

authorized user’s access to the website 

and database is encrypted using 128–Bit 

Secure Socket Layer (SSL). 

Files are stored at Computing 

Technology, Inc. (CoTs), 3028 Javier 

Road, Suite 400, Fairfax, Virginia. Back 

up copies of this information are stored 

at FMCSA’s offices at 400 Virginia 

Avenue, SW., Suite 340, Washington, 

DC. 

RETRIEVABILITY: 

Records are maintained and retrieved 

by the following: complainant name, 

respondent name, secondary respondent 

name, motor carrier number, DOT 

number, tracking number, date, and 

state. 

SAFEGUARDS: 

To safeguard against the risk of 

unauthorized disclosure, CoTs 

maintains the information at secured 

facilities in limited access areas. The 

data on the systems are softwareprotected by passwords. There are also 

nightly backups to protect the database. 

CoTs limits access to the system to 

designated authorized personnel. 

RETENTION AND DISPOSAL: 

The complaint files are retained at 

CoTs by the system administrator. All 

files received by the Safety Violations 

and Commercial Consumer Hotline are 

retained in compliance with agency 

records control schedules. Complaints 

received by mail from FMCSA are 

recorded to the online database and 

returned to FMCSA. CoTs complies 

with all requirements of the National 

Archives and Records Administration 

(NARA) relative to records retention and 

control. NARA regulations indicate that 

electronic files created to monitor 

system usage are authorized for erasure 

or deletion when the agency determines 

that they are no longer needed for 

administrative, legal, audit, or other 

operational purposes. 

MANAGER(S) AND ADDRESS: 

Federal Motor Carrier Safety 

Administration, Office of 

Communications, 400 7th Street, SW., 

(MC–CM), Washington, DC 20590

NOTIFICATION PROCEDURE: 

Federal Motor Carrier Safety 

Administration, Business Information 

and Operations Division, 400 7th Street, 

SW., MC–MBI, Washington, DC 20590

RECORD ACCESS PROCEDURES: 

Federal Motor Carrier Safety 

Administration, Office of 

Communications, 400 7th Street, SW., 

(MC–CM), Washington, DC 20590. 

CONTESTING RECORD PROCEDURES: 

Federal Motor Carrier Safety 

Administration, Business Information 

and Operations Division, 400 7th Street, 

SW., MC–MBI, Washington, DC 20590. 

RECORD SOURCE CATEGORIES: 

Consumers, motor carriers and 

brokers. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None.

Dated: October 25, 2004. 

Yvonne L. Coates, 

Privacy Act Coordinator.

[FR Doc. 04–24253 Filed 10–28–04; 8:45 am] 

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Notice of Intent To Rule on Request To 

Release Airport Property at the Deer 

Park Municipal Airport, Deer Park, WA

ACTION: Notice of request to release 

airport property. 

SUMMARY: The FAA proposes to rule and 

invite public comment on the release of 

land at Deer Park Municipal Airport 

under the provisions of Section 125 of 

the Wendell H. Ford Aviation 

Investment Reform Act for the 21st 

Century (AIR 21), now 49 USC 

§ 47107(h).

DATES: Comments must be received on 

or before November 29, 2004.

ADDRESSES: Comments on this 

application may be mailed or delivered