59740 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

ADDRESSES section below on or before

January 5, 1998. The Department of

Labor is particularly interested in

comments which:

• Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

• Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

• Enhance the quality, utility and

clarity of the information to be

collected; and

• Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submissions

of response.

ADDRESSES: Contact Ms. Margaret

Sherrill at the U. S. Department of

Labor, 200 Constitution Avenue, N.W.,

Room S–3201, Washington, D.C. 20210,

telephone (202) 219–7601. The Fax

number is (202) 219–6592. (These are

not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

I. Background

The Federal Employees’

Compensation Act (FECA) provides for

the collection of information from

claimants, receiving continuing

compensation on the periodic disability

rolls. The FECA states the following:

Compensation must be adjusted to

reflect a claimant’s earning while in

receipt of benefits (5 U.S.C. 8106);

Compensation is payable at the

augmented rate of 75 percent only if the

claimant has one or more dependents (5

U.S.C. 8110); Compensation may not be

paid concurrently with certain benefits

from other Federal agencies, e.g., Social

Security (5 U.S.C. 8116); and,

Compensation must be adjusted to

reflect any settlement from a third party

responsible for the injury for which the

claimant is being paid compensation (5

U.S.C. 8132). Completion of Form CA–

1032 is requested annually and is used

to ensure that compensation being paid

on the periodic roll is correct.

II. Current Actions

The Department of labor (DOL) seeks

extension of approval to collect this

information in order to carry out its

responsibility to meet the statutory

requirements of FECA to obtain

information for determining claimants’

entitlement to ongoing compensation.

The information on Form CA–1032

enables the Director, Office of Worker’s

Compensation Programs to ensure that

the correct compensation is being paid

to claimants on the periodic roll.

Type of Review: Extension.

Agency: Employment Standards

Administration.

Title: Request from Claimant for

Information on Earnings, Dual Benefits,

Dependents, and Third Party

Settlements.

OMB Number: 1215–0151.

Agency Numbers: CA–1032.

Affected Public: Individuals or

households.

Total Respondents: 50,000.

Frequency: Annually.

Total Responses: 50,000.

Average Time Per Response for

Reporting: 20 minutes.

Estimated Total Burden Hours:

16,667.

Total Burden Cost (capital/startup): 0.

Total Burden Cost (Operating/

maintenance): 95,163.

Comments submitted in response to

this notice will be summarized and/or

included in the request for Office of

Management and Budget approval of the

information collection request; they will

also become a matter of public record.

Dated: October 28, 1997.

Cecily A. Rayburn,

Director, Division of Financial Management,

Office of Management, Administration and

Planning, Employment Standards

Administration.

[FR Doc. 97–29163 Filed 11–3–97; 8:45 am]

BILLING CODE 4510–27–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Application No. D–10471, et al.]

Proposed Exemptions; First Bank

System Personal Retirement Account

(the Plan)

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Notice of proposed exemptions.

SUMMARY: This document contains

notices of pendency before the

Department of Labor (the Department) of

proposed exemptions from certain of the

prohibited transaction restrictions of the

Employee Retirement Income Security

Act of 1974 (the Act) and/or the Internal

Revenue Code of 1986 (the Code).

Written Comments and Hearing

Requests

Unless otherwise stated in the Notice

of Proposed Exemption, all interested

persons are invited to submit written

comments, and with respect to

exemptions involving the fiduciary

prohibitions of section 406(b) of the Act,

requests for hearing within 45 days from

the date of publication of this Federal

Register notice. Comments and requests

for a hearing should state: (1) The name,

address, and telephone number of the

person making the comment or request,

and (2) the nature of the person’s

interest in the exemption and the

manner in which the person would be

adversely affected by the exemption. A

request for a hearing must also state the

issues to be addressed and include a

general description of the evidence to be

presented at the hearing.

ADDRESSES: All written comments and

request for a hearing (at least three

copies) should be sent to the Pension

and Welfare Benefits Administration,

Office of Exemption Determinations,

Room N–5649, U.S. Department of

Labor, 200 Constitution Avenue, N.W.,

Washington, D.C. 20210. Attention:

Application No. stated in each Notice of

Proposed Exemption. The applications

for exemption and the comments

received will be available for public

inspection in the Public Documents

Room of Pension and Welfare Benefits

Administration, U.S. Department of

Labor, Room N–5507, 200 Constitution

Avenue, N.W., Washington, D.C. 20210.

Notice to Interested Persons

Notice of the proposed exemptions

will be provided to all interested

persons in the manner agreed upon by

the applicant and the Department

within 15 days of the date of publication

in the Federal Register. Such notice

shall include a copy of the notice of

proposed exemption as published in the

Federal Register and shall inform

interested persons of their right to

comment and to request a hearing

(where appropriate).

SUPPLEMENTARY INFORMATION: The

proposed exemptions were requested in

applications filed pursuant to section

408(a) of the Act and/or section

4975(c)(2) of the Code, and in

accordance with procedures set forth in

29 CFR part 2570, subpart B (55 FR

32836, 32847, August 10, 1990).

Effective December 31, 1978, section

102 of Reorganization Plan No. 4 of

1978 (43 FR 47713, October 17, 1978)

transferred the authority of the Secretary

of the Treasury to issue exemptions of

the type requested to the Secretary of

Labor. Therefore, these notices of
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59741

1The Employer represents that the other KKRrelated investments held by the Plan consist of

interests in a limited partnership designated as

Union Texas-UTH and another limited partnership

designated as Auto Zone Pittco Assoc. Ltd.

proposed exemption are issued solely

by the Department.

The applications contain

representations with regard to the

proposed exemptions which are

summarized below. Interested persons

are referred to the applications on file

with the Department for a complete

statement of the facts and

representations.

First Bank System, Personal Retirement

Account (the Plan), Located in

Minneapolis, Minnesota

[Application No. D–10471]

Proposed Exemption

The Department is considering

granting an exemption under the

authority of section 408(a) of the Act

and section 4975(c)(2) of the Code and

in accordance with the procedures set

forth in 29 C.F.R. part 2570, subpart B

(55 F.R. 32836, 32847, August 10, 1990).

If the exemption is granted the

restrictions of sections 406(a), 406(b)(1)

and (b)(2) of the Act and the sanctions

resulting from the application of section

4975 of the Code, by reason of section

4975(c)(1) (A) through (E) of the Code,

shall not apply to (1) the proposed

contribution to the Plan by U.S. Bancorp

(the Employer), formerly First Bank

System, Inc., the sponsor of the Plan, of

the Employer’s interests in two limited

partnership funds (the Interests)

organized and managed by Kohlberg

Kravis Roberts & Co. (KKR); and (2) the

grant by the Employer to the Plan of an

option (the Put) under which the Plan

is empowered at any time to require the

Employer to repurchase the Interests

from the Plan at any time; provided that

the following conditions are satisfied:

(a) The Interests are valued at their

fair market value as of the date of

contribution by a qualified, independent

appraiser;

(b) The sum of the fair market value

of the Interests plus the fair market

value of any other KKR-related

investments held by the Plan does not

exceed ten percent of the fair market

value of the Plan’s total assets at the

time of the contribution of the Interests

to the Plan;

(c) The Plan is represented for all

purposes with respect to the Interests by

a qualified independent fiduciary (the

Fiduciary), as described below, for the

duration of the Plan’s holding of any of

the Interests;

(d) The Fiduciary takes whatever

action is necessary, as determined by

the Fiduciary in its sole discretion, to

enforce the conditions of this exemption

and to protect the Plan’s investment in

the Interests, including, but not limited

to the exercise of the Put;

(e) The Fiduciary retains the right

under the Put to require the Employer,

at any time, to purchase some or all of

the Interests from the Plan for the

greater of (1) the Interests’ fair market

value as of the contribution date, or (2)

the fair market value of the Interests as

of the date of such sale pursuant to the

Put; and

(f) For the duration of the Plan’s

investment in the Interests, the

Employer’s obligations under the Put

are secured by the Collateral (as

described below) in escrow representing

no less than one third of the fair market

value of the Interests at the time of their

contribution to the Plan, and the

Fiduciary requires additional Collateral

to be deposited in the escrow whenever

the value of the Interests increases.

Summary of Facts and Representations

1. The Plan is a defined benefit

pension plan with approximately 21,000

participants and assets of approximately

$382,392,832 as of June 30, 1997. The

Plan is sponsored by the Employer,

which was known as First Bank System,

Inc. until August 1, 1997. The Employer

is a Delaware public corporation

functioning as a bank holding company

with banks, brokerage, insurance, and

credit card operations conducted

through subsidiaries in 14 states.

Numerous corporate subsidiaries of the

Employer are also sponsors of the Plan.

The trustee of the Plan is the First Trust

National Association (the Trustee), a

wholly-owned subsidiary of the

Employer. Under the Plan document,

the Employer has the authority, directly

or through a committee of appointed

officers of the Employer, to determine

investment policy of the Plan and to

appoint investment managers. The

investment manager of the assets of the

Plan is First Asset Management, a

division of a wholly-owned subsidiary

of the Employer.

2. The Employer currently has

investments in two investment funds

(the KKR Funds) sponsored and

managed by KKR designated as the

Kohlberg Kravis Roberts and Co. 1986

Fund and the Kohlberg Kravis Roberts

and Co. 1987 Fund. KKR, established in

1976, serves as manager and general

partner, as well as management and

planning services provider, for

investment enterprises and limited

partnerships, including the KKR Funds

which are the subject of this proposed

exemption. Each of the KKR Funds

invests in, and consists solely of,

holdings in five businesses which are

publicly-traded and three business

which are privately held. The Employer

represents that its investments in the

Interests were acquired by the Employer

over time for general investment

purposes. The Interests are not publicly

traded. The Employer represents that

the Interests have increased in value

substantially since acquisition by the

Employer, and the Employer represents

that continued increases in value are

expected. The Employer represents that

investors in the KKR Funds include

individuals, institutions and employee

benefit plans. Because the Interests have

proven to be favorable investments with

likely future increases in value and

continued favorable performance, the

Employer desires to contribute the

Interests to the Plan. Accordingly, the

Employer proposes to contribute the

Interests to the Plan and is requesting an

exemption to permit such contribution

transaction under the terms and

conditions described herein.

3. The Employer proposes to

contribute the Interests to the Plan at

their fair market value as of the date of

the contribution transaction and to grant

the Plan the Put, an option empowering

the Plan to require the Employer to

purchase the Interests back from the

Plan in the event such repurchase is

directed by the independent fiduciary,

discussed below, which represents the

Plan’s interests with respect to the

Interests. The fair market value of the

Interests upon their contribution to the

Plan will be determined by Piper Jaffray

Inc. (the Appraiser), an independent

investment banking services provider

located in Minneapolis, Minnesota

engaged in, among other activities, the

valuation of securities. The Appraiser

represents that as of September 3, 1997,

the Interests had a fair market value of

$25.5 million. The Employer represents

that the Plan does not yet own any

interests in either of the KKR Funds,

although the Plan does own interests in

two other entities of which KKR is

either the general partner or an

investment advisor.1 The Employer

represents that the total fair market

value of the Plan’s interests in these

other KKR-related enterprises was $6.2

million as of the most recent valuation

of Plan assets on June 30, 1997.

4. The Put, which has already been

executed by the Employer, enables the

Plan, represented by the Fiduciary

(discussed below), to sell the Interests

back to the Employer at any time. The

Put requires the Employer, upon

notification by the Fiduciary, to

purchase all or any portion of the

Interests from the Plan as directed by

the Fiduciary for a purchase price to be
59742 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

2Since Mr. Wickerham is the sole owner of the

Plan sponsor and the only participant in the Plan,

there is no jurisdiction under Title I of the Act

pursuant to 29 CFR 2510.3–3(b). However, there is

jurisdiction under Title II of the Act pursuant to

section 4975 of the Code.

the greater of (a) the fair market value

of such portion of the Interests as of the

date of its initial contribution to the

Plan, as determined by the Appraiser, or

(b) the fair market value of such portion

of the Interests as of the date of the

exercise of the Put as determined by the

mutual agreement of the Fiduciary and

the Employer or, if the Fiduciary and

Employer are unable to agree, as

determined by an appraiser selected by

the Fiduciary. Under the terms of the

Put, the Employer grants the Plan a first

security interest in collateral in escrow

which secures the Employer’s

obligations under the Put. The Collateral

consists of debt obligations of the

United States having an initial fair

market value of not less than one third

of the fair market value of the Interests

upon their contribution to the Plan. The

Put requires the escrow agent to execute

such other instruments and perform

such acts as the Fiduciary may

reasonably request to establish and

maintain the Plan’s security interest in

the Collateral.

5. The interests of the Plan and its

participants and beneficiaries with

respect to the proposed contribution

transaction, including the Put, are

represented by the Fiduciary, which is

the First State Bank of Bayport. The

Fiduciary is a Minnesota state-chartered

bank which represents itself to be

independent of and unrelated to the

Employer. The Fiduciary will oversee

and monitor the Plan’s investment in

the Interests and the Plan’s rights under

the Put for the duration of the Plan’s

investment in the Interests. The

Fiduciary will require an appraisal of

the Interests for their fair market value

by the Appraiser upon their

contribution to the Plan, and will

continue to require annual valuations of

the Interests as long as the Plan remains

invested in the Interests or any portion

thereof. The Fiduciary will ensure that

the Collateral required to secure the

Employer’s obligations under the Put is

deposited in escrow in the appropriate

amount, and the Fiduciary will require

additional collateral to be deposited in

the escrow from time to time if the value

of the Interests increases. The Fiduciary

represents that it has reviewed and

evaluated the proposed contribution of

the Interests to the Plan, including the

terms of the Put, and has determined

that the Plan’s acquisition of the

Interests by the Employer’s contribution

would be prudent and would add

diversification to the Plan’s assets. The

Fiduciary states that due to the Put, the

Plan will have little or no investment

risk with respect to the Interests while

the Interests offer the potential for

considerable gain. The Fiduciary states

that the contribution of the Interests to

the Plan will comply with the Plan’s

investment objectives and policies and

would not adversely affect the Plan’s

liquidity needs with respect to current

and projected benefit obligations. The

Fiduciary concludes that the

contribution of the Interests to the Plan

will be in the best interests and

protective of the participants and

beneficiaries of the Plan. The Fiduciary

states that its duties with respect to the

Plan’s investment in the Interests

include ongoing monitoring of the

investment performance of the KKR

Funds in comparison to performance of

other investment alternatives to

determine if continued investment in

the Interests by the Plan is warranted,

and to ensure that the investment

objectives and strategies of the KKR

Funds remain consistent with the needs

of the Plan. The Fiduciary also states

that it will continue to review the Plan’s

liquidity needs to determine they are

consistent with continued investment in

the Interests. The Fiduciary represents

that if, at any time, it determines that

the Interests constitute an inappropriate

investment for the Plan, it will exercise

the Put in order to protect the Plan’s

participants and beneficiaries from

adverse affects.

5. In summary, the applicant

represents that the proposed

transactions satisfy the criteria of

section 408(a) of the Act for the

following reasons:

(a) The Plan’s investment in the

Interests will be protected by the Put,

which will require the Employer to

purchase the Interests from the Plan at

any time for a price of no less than the

greater of the fair market value of the

Interests upon exercise of the Put or the

fair market value of the Interests at the

time of their contribution to the Plan;

(b) The Employer’s obligations under

the Put will be secured by the Collateral,

consisting of debt obligations of the

United States having an initial fair

market value of not less than one third

of the fair market value of the Interests

upon their contribution to the Plan;

(c) The interests of the Plan with

respect to the contribution of the

Interests and under the terms of the Put

will be represented by an independent

fiduciary who will require annual

valuations of the Interests and

additional deposits of Collateral by the

Employer whenever the value of the

Interests increases; and

(d) After an evaluation of the

proposed transactions, the Fiduciary has

determined that the Plan’s investment

in the Interests, protected by the Put,

will be in the best interests and

protective of the participants and

beneficiaries of the Plan.

FOR FURTHER INFORMATION CONTACT: Ron

Willett of the Department, telephone

(202) 219–8881. (This is not a toll-free

number.)

Profit Sharing Keogh Plan of Richard D.

Wickerham, Esq. (the Plan) Located in

Schenectady, New York

[Application No. D–10505]

Proposed Exemption

The Department is considering

granting an exemption under the

authority of section 4975(c)(2) of the

Code and in accordance with the

procedures set forth in 29 CFR Part

2570, Subpart B (55 FR 32836, 32847,

August 10, 1990). If the exemption is

granted, the sanctions resulting from the

application of section 4975 of the Code,

by reason of section 4975(c)(1)(A)

through (E) of the Code, shall not apply

to: (1) Two proposed loans (the Loans)

totaling $50,000 by the Plan to Mr.

Richard D. Wickerham (Mr.

Wickerham), a disqualified person with

respect to the Plan, and (2) the personal

guarantee of the Loans by Mr.

Wickerham, provided the following

conditions are satisfied: (a) The terms of

the Loans are at least as favorable to the

Plan as those obtainable in arm’s-length

transactions with an unrelated party; (b)

the Loans do not exceed 25% of the

assets of the Plan; (c) the first Loan

(Loan 1) is secured by a second

mortgage on certain real property (the

Property) which has been appraised by

a qualified independent appraiser to

have a fair market value not less than

150% of the amount of Loan 1 plus the

balance of the first mortgage which it

secures; (d) the second Loan (Loan 2) is

secured by certain personal property

(the Personalty) which has a fair market

value, as determined by a qualified

independent appraiser, of not less than

200% of Loan 2; (e) the fair market

value of the collateral remains at least

equal to the percentages described in

conditions (c) and (d), above,

throughout the duration of the Loans;

and (f) Mr. Wickerham is the only Plan

participant to be affected by the Loan

transactions.2

Summary of Facts and Representations

1. Richard D. Wickerham, Attorney

and Counsellor at Law (the Firm), is a

law firm located in Schenectady, New

York. The Plan is a defined contribution
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59743

plan with one participant, Mr.

Wickerham, who is also the Plan’s

trustee. Mr. Wickerham is also the sole

owner of the Firm. As of July 31, 1997,

the fair market value of the assets in the

Plan was approximately $343,088.

2. Mr. Wickerham wishes to borrow

$50,000 from the Plan, which represents

approximately 15% of the current fair

market value of the Plan. The money

will be loaned to Mr. Wickerham in two

separate Loans. The Loans will each be

amortized over a 5 year period, with

equal monthly payments of principal

and interest over the 5 year term. The

interest rate for each Loan will be 9.5%

per annum. The total monthly payments

for the Loans will be $1,050.10 per

month. Mr. Anthony J. Lanzillo, Vice

President of KeyBank (the Bank) of

Clifton Park, New York, has represented

in a letter dated October 1, 1997 that the

Bank would lend money to Mr.

Wickerham at the same terms as those

of the Loans.

3. Loan 1 will be secured by the

Property, which consists of Mr. and

Mrs. Wickerham’s residence, which is

located at 6 Delaware Bay Drive, Villas,

Cape May County, New Jersey. The

Property has been appraised by Ms.

Dolores K. Lanzalotti of Jersey Cape

Realty, Inc., an independent real estate

broker in Cape May, New Jersey, to have

a fair market value of $140,000 as of

August 9, 1997. The Property has a first

mortgage in the amount of $75,986.

Loan 1 would be secured by a second

mortgage on the Property in the amount

of $17,000. Thus, the appraised fair

market value of the Property would

represent not less than 150% of the total

outstanding principal amount of debt

secured by the Property. The applicant

represents that the mortgage to the Plan

will be duly recorded in the Office of

the County Clerk, Cape May County,

New Jersey.

4. Loan 2, which will be in the

principal amount of $33,000, will be

secured by the Personalty. The

Personalty consists of eighteenth

century antique period furniture and

artifacts which are owned by Mr. and

Mrs. Wickerham. The Personalty has

been appraised by Ms. Ona Curran,

AAA, Certified Appraiser of Personal

Property, an independent appraiser in

Esperance, New York, as having a fair

market value of $69,190 as of August 1,

1997. This amount represents

approximately 210% of the principal

amount of Loan 2. The applicant

represents that the Plan’s security

interest in the Personalty will be duly

recorded in the appropriate County

Clerk office.

5. Mr. Wickerham represents that in

addition to the collateral described

above, he will also be giving his

personal guarantee for each of the

Loans. Mr. Wickerham further states

that should the collateral-to-loan ratio

described above for either Loan fall

below the described percentages, he will

add additional collateral such that the

150% ratio will be maintained for Loan

1 and the 200% ratio will be maintained

for Loan 2 throughout the five year

period of the Loans.

6. In summary, the applicant

represents that the proposed

transactions satisfy the criteria

contained in section 4975(c)(2) of the

Code for the following reasons: (a) The

Loans represent approximately 15% of

the assets of the Plan; (b) the terms of

the Loans will be at least as favorable to

the Plan as those obtainable in arm’slength transactions with an unrelated

party, as demonstrated by the letter from

the Bank; (c) Loan 1 will be secured by

a second mortgage on the Property,

which has been determined by a

qualified, independent appraiser to have

a fair market value of not less than

150% of the total principal amount of

the loans that it will secure; (d) Loan 2

will be secured by the Personalty, which

consists of eighteenth century antique

period furniture and artifacts with a

current fair market value of

approximately 210% of Loan 2, as

determined by a qualified, independent

appraiser; and (e) Mr. Wickerham is the

only participant in the Plan to be

affected by the transactions, and he

desires that the transactions be

consummated.

Notice to Interested Persons

Since Mr. Wickerham is the only Plan

participant to be affected by the

proposed transactions, the Department

has determined that there is no need to

distribute the notice of proposed

exemption to interested persons.

Comments and requests for a hearing are

due within 30 days from the date of

publication of this notice of proposed

exemption in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Gary

H. Lefkowitz of the Department,

telephone (202) 219–8881. (This is not

a toll-free number.)

General Information

The attention of interested persons is

directed to the following:

(1) The fact that a transaction is the

subject of an exemption under section

408(a) of the Act and/or section

4975(c)(2) of the Code does not relieve

a fiduciary or other party in interest of

disqualified person from certain other

provisions of the Act and/or the Code,

including any prohibited transaction

provisions to which the exemption does

not apply and the general fiduciary

responsibility provisions of section 404

of the Act, which among other things

require a fiduciary to discharge his

duties respecting the plan solely in the

interest of the participants and

beneficiaries of the plan and in a

prudent fashion in accordance with

section 404(a)(1)(b) of the act; nor does

it affect the requirement of section

401(a) of the Code that the plan must

operate for the exclusive benefit of the

employees of the employer maintaining

the plan and their beneficiaries;

(2) Before an exemption may be

granted under section 408(a) of the Act

and/or section 4975(c)(2) of the Code,

the Department must find that the

exemption is administratively feasible,

in the interests of the plan and of its

participants and beneficiaries and

protective of the rights of participants

and beneficiaries of the plan;

(3) The proposed exemptions, if

granted, will be supplemental to, and

not in derogation of, any other

provisions of the Act and/or the Code,

including statutory or administrative

exemptions and transitional rules.

Furthermore, the fact that a transaction

is subject to an administrative or

statutory exemption is not dispositive of

whether the transaction is in fact a

prohibited transaction; and

(4) The proposed exemptions, if

granted, will be subject to the express

condition that the material facts and

representations contained in each

application are true and complete and

accurately describe all material terms of

the transaction which is the subject of

the exemption. In the case of continuing

exemption transactions, if any of the

material facts or representations

described in the application change

after the exemption is granted, the

exemption will cease to apply as of the

date of such change. In the event of any

such change, application for a new

exemption may be made to the

Department.

Signed at Washington, DC, this 30th day of

October, 1997.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

Department of Labor.

[FR Doc. 97–29174 Filed 11–3–97; 8:45 am]

BILLING CODE 4510–29–P