64800 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Notices 

9See supra note 5.

10See letters to Jonathan G. Katz, Secretary, 

Commission, from Richard F. Latour, President & 

CEO, MicroFinancial Incorporated, July 15, 2004, 

Kenneth A. Hoogstra, von Briesen & Roper, s.c., 

dated July 20, 2004, and John L. Patenaude, Vice 

President Finance and Chief Financial Officer, 

Nashua Corporation, dated July 22, 2004.

11See letter to Nancy J. Sanow, Assistant Director, 

Division, Commission, from Darla C. Stuckey, 

Corporate Secretary, NYSE, dated August 31, 2004.

12 15 U.S.C. 78f(b)(5).

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

14CFR 240.19b–4(f)(6).

15 Id.

16For purposes only of accelerating the operative 

date of this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. 15 

U.S.C. 78c(f). 17 17 CFR 200.30–3(a)(12).

to the Exchange’s original minimum 

listing standards, and approval of the 

continued minimum listing standards as 

originally proposed in File Number SR–

NYSE–2003–43. File Number SR–

NYSE–2004–20 was published in the 

Federal Register on July 2, 2004.9 Three 

comment letters were received in 

response to File Number SR–NYSE–

2004–20.10 Following consideration of 

these comment letters, the Exchange 

filed Amendment No. 2 to NYSE–2004–

20 on August 31, 2004.11 The Exchange 

believes it is appropriate to extend the 

amended Pilot Program until the earlier 

of January 31, 2005, or such date as the 

Commission may approve File Number 

SR–NYSE–2004–20.

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b)(5) of the Act 12 because it is 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest.

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received with respect to 

the proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action

Because the foregoing proposed rule 

change (1) does not significantly affect 

the protection of investors or the public 

interest; (2) does not impose any 

significant burden on competition; and 

(3) by its terms, does not become 

operative until 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate if 

consistent with the protection of 

investors and the public interest, and 

the Exchange provided the Commission 

with written notice of its intent to file 

the proposed rule change at least five 

business days prior to the date of filing 

of the proposed rule change, or such 

shorter time as designated by the 

Commission, it has become effective 

pursuant to Section 19(b)(3)(A) of the 

Act 13 and Rule 19b–4(f)(6) 

thereunder.14 At any time within 60 

days of the filing of this 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.

Although Rule 19b–4(f)(6) under the 

Act 15 requires that an Exchange submit 

a notice of its intent to file at least five 

business days prior to the filing date, 

the Commission is waiving this 

requirement at the Exchange’s request in 

view of the fact that the proposed rule 

change seeks to continue the existing 

Pilot Program. The NYSE has also 

requested that the Commission waive 

the 30-day operative delay. The 

Commission believes waiving the 30-

day operative delay is consistent with 

the protection of investors and the 

public interest. Waiver of the operative 

date will allow the Exchange’s Pilot 

Program to continue without any 

interruption in service to issuers and 

investors. For these reasons, the 

Commission designates the proposal to 

be effective and operative upon filing 

with the Commission.16

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–NYSE–2004–58 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–NYSE–2004–58. 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 NYSE. 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–NYSE–

2004–58 and should be submitted on or 

before November 29, 2004.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.17

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–3037 Filed 11–5–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3642] 

Commonwealth of Virginia; 

Amendment #2

In accordance with a notice received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective 

September 30, 2004, the above

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Notices 64801

numbered declaration is hereby 

amended to establish the incident 

period for this disaster as beginning 

September 27, 2004, and continuing 

through September 30, 2004. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

December 17, 2004 and for economic 

injury the deadline is July 18, 2005.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008).

Dated: November 1, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–24816 Filed 11–5–04; 8:45 am] 

BILLING CODE 8025–01–P

SOCIAL SECURITY ADMINISTRATION

Agency Information Collection 

Activities: Proposed Request and 

Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages that will require 

clearance by the Office of Management 

and Budget (OMB) in compliance with 

Pub. L. 104–13 effective October 1, 

1995, The Paperwork Reduction Act of 

1995. The information collection 

packages that may be included in this 

notice are for new information 

collections, revisions to OMB-approved 

information collections, and extensions 

(no change) of OMB-approved 

information collections. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility and clarity; and on ways 

to minimize burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Written 

comments and recommendations 

regarding the information collection(s) 

should be submitted to the OMB Desk 

Officer and the SSA Reports Clearance 

Officer.

(OMB), Office of Management and 

Budget, Attn: Desk Officer for SSA, 

Fax: 202–395–6974. 

(SSA), Social Security Administration, 

DCFAM, Attn: Reports Clearance 

Officer, 1338 Annex Bldg., 6401 

Security Blvd., Baltimore, MD 21235; 

Fax: 410–965–6400.

I. The information collections listed 

below are pending at SSA and will be 

submitted to OMB January 7, 2005. 

Therefore, your comments should be 

submitted to SSA by this date. You can 

obtain copies of the collection 

instruments by calling the SSA Reports 

Clearance Officer at 410–965–0454, or 

by writing to the address listed above. 

1. Disability Determination and 

Transmittal—20 CFR 404.1615(e), 

416.1015(f)—0960–0437. The 

information collected on Form SSA–

831–C3/U3 is used by SSA to document 

the State agency determination as to 

whether an individual who applies for 

disability benefits is eligible for those 

benefits based on his/her alleged 

disability. SSA also uses the 

information for program management 

and evaluation. The respondents are 

State Disability Determination Services 

adjudicating Title II and Title XVI 

disability determinations for SSA. 

Type of Request: Extension of an 

OMB-approved information collection. 

Number of Respondents: 3,155,120. 

Frequency of Response: 1. 

Average Burden Per Response: 15 

minutes. 

Estimated Average Burden: 788,780 

hours. 

2. Non-Attorney Representative 

Demonstration Project Application—

0960–NEW. Section 303 of the Social 

Security Protection Act of 2004 (SSPA) 

provides for a 5-year demonstration 

project to be conducted by SSA under 

which the direct payment of SSAapproved fees is extended to certain 

non-attorney claimant representatives. 

Under the SSPA, to be eligible for direct 

payment of fees, a non-attorney 

representative must fulfill the following 

statutory requirements: (1) Possess a 

bachelors degree or have equivalent 

qualifications derived from training and 

work experience; (2) pass an 

examination that tests knowledge of the 

relevant provisions of the Social 

Security Act; (3) secure professional 

liability insurance or equivalent 

insurance; (4) pass a criminal 

background check; and (5) demonstrate 

completion of relevant continuing 

education courses. Through the services 

of a private contractor, SSA must collect 

the requested information to determine 

if a non-attorney representative has met 

the statutory requirements to be eligible 

for direct payment of fees for his or her 

claimant representation services. The 

information collection is needed to 

comply with the legislation. The 

respondents are non-attorney 

representatives who apply for direct 

payment of fees. 

Type of Request: New information 

collection. 

Number of Respondents: 500. 

Frequency of Response: 1. 

Average Burden Per Response: 1 hour.

Estimated Annual Burden: 500 hours. 

3. Request For Review of Hearing 

Decision/Order—20 CFR 404.967–.981, 

20 CFR 416.1467–.1481—0960–0277.

SSA collects the information on Form 

HA–520 from each claimant for Title II 

or Title XVI benefits who is dissatisfied 

with the hearing decision or the 

dismissal of a hearing request and wants 

to request review of the decision by the 

Appeals Council. An individual may 

request Appeals Council review by 

filing a written request. However, a 

completed HA–520 ensures that SSA 

receives the information necessary to 

establish that the claimant filed the 

request for review within the prescribed 

time, that the claimant is a proper party, 

and that the claimant has completed the 

requisite steps to permit review by the 

Appeals Council. The Appeals Council 

also uses the information provided by 

the claimant to document the claimant’s 

reason(s) for disagreeing with the ALJ 

decision or dismissal, to determine 

whether the claimant has additional 

evidence to submit, and to determine 

whether the claimant has a 

representative or wants to appoint one. 

Type of Request: Extension of an 

approved OMB information collection. 

Number of Respondents: 107,485. 

Frequency of Response: 1. 

Average Burden Per Response: 10 

minutes. 

Estimated Annual Burden: 17,914 

hours. 

4. State Mental Institution Policy 

Review—20 CFR 416 subpart U, 20 CFR 

416 subpart F, 20 CFR 404.2035 and 

.2065, 20 CFR 416.635 and .665—0960–

0110. SSA sends Form SSA–9584–BK to 

State mental institutions that participate 

in SSA’s representative payee onsite 

review program. As a representative 

payee, the State mental institution has 

the responsibility to receive and 

administer payments to beneficiaries 

who have been determined by SSA to be 

incapable of managing benefits. SSA is 

required by law and regulations to 

monitor representative payees’ use of 

benefits. Under the onsite review 

program, SSA conducts a triennial 

review of State mental institutions in 

order to determine whether the 

institutions’ policies and practices 

conform with SSA’s regulations in the 

use of benefits, and the other duties and 

responsibilities required of 

representative payees. 

The form obtains information needed 

by the SSA review team (comprised of 

representatives from SSA’s regional and 

field offices) and provides a basis for 

conducting the actual onsite review. In 

addition, the information is used in the 

preparation of the subsequent report of 

findings and recommendations, which 

is issued to the institutions. 

Type of Request: Extension of an 

approved OMB information collection.