5698 Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Notices 

Written comments and/or suggestions 

regarding the items contained in this 

notice, especially the estimated public 

burden and associated response time, 

should be directed to the Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention Department of Justice Desk 

Officer, Washington, DC 20503. 

Additionally, comments may be 

submitted to OMB via facsimile to (202) 

395–5806. Written comments and 

suggestions from the public and affected 

agencies concerning the proposed 

collection of information are 

encouraged. Your comments should 

address one or more of the following 

four points: 

—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 agencies 

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 submission of 

responses. 

Overview of This Information 

Collection 

(1) Type of Information Collection:

Extension of a currently approved 

collection. 

(2) Title of the Form/Collection:

Report of Suspicious Orders or Theft/

Loss of Listed Chemicals/Machines. 

(3) Agency form number, if any, and 

the applicable component of the 

Department sponsoring the collection:

Form Number: None. Office of Diversion 

Control, Drug Enforcement 

Administration, Department of Justice. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Business or other forprofit. Other: None. Abstract: Persons 

handling listed chemicals and tableting 

and encapsulating machines are 

required to report thefts, losses and 

suspicious orders pertaining to these 

items. These reports provide DEA with 

information regarding possible 

diversion to illicit drug manufacture. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond/reply: DEA estimates that 1,500 

persons respond as needed to this 

collection. Responses take 15 minutes. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: DEA estimates that this 

collection takes 375 annual burden 

hours. 

If additional information is required 

contact: Brenda E. Dyer, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Patrick Henry Building, 

Suite 1600, 601 D Street NW., 

Washington, DC 20530.

Dated: January 31, 2005. 

Brenda E. Dyer, 

Department Clearance Officer, Department of 

Justice.

[FR Doc. 05–2032 Filed 2–2–05; 8:45 am] 

BILLING CODE 4410–09–P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested

ACTION: 30-Day notice of information 

collection under review: Application for 

Permit to Export Controlled 

Substances—DEA form 161. 

The Department of Justice (DOJ), Drug 

Enforcement Administration (DEA) has 

submitted the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995. 

The proposed information collection is 

published to obtain comments from the 

public and affected agencies. This 

proposed information collection was 

previously published in the Federal 

Register Volume 69, Number 212, page 

64109 on November 3, 2004, allowing 

for a 60-day comment period. 

The purpose of this notice is to allow 

for an additional 30 days for public 

comment until March 7, 2005. This 

process is conducted in accordance with 

5 CFR 1320.10. 

Written comments and/or suggestions 

regarding the items contained in this 

notice, especially the estimated public 

burden and associated response time, 

should be directed to the Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention Department of Justice Desk 

Officer, Washington, DC 20503. 

Additionally, comments may be 

submitted to OMB via facsimile to (202) 

395–5806. Written comments and 

suggestions from the public and affected 

agencies concerning the proposed 

collection of information are 

encouraged. Your comments should 

address one or more of the following 

four points: 

—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 agencies 

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 submission of 

responses. 

Overview of This Information 

Collection 

(1) Type of Information Collection:

Extension of a currently approved 

collection. 

(2) Title of the Form/Collection:

Application for Permit to Export 

Controlled Substances—DEA Form 161. 

(3) Agency form number, if any, and 

the applicable component of the 

Department sponsoring the collection:

Form Number: DEA Form 161. Office of 

Diversion Control, Drug Enforcement 

Administration, Department of Justice. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Business or other forprofit. Other: None. Abstract: Title 21 

CFR 1312.22 requires persons who 

export controlled substances in 

Schedules I and II to obtain a permit 

from DEA. Information is used to issue 

export permits, exercise control over 

exportation of controlled substances, 

and compile data for submission to the 

United Nations to comply with treaty 

requirements. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond/reply: DEA estimates that it 

takes 222 respondents an average of 30 

minutes to respond on an as needed 

basis, submitting 2,444 forms annually. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: DEA estimates that the 

Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Notices 5699

1On June 4, 1999, Deutsche Bank, AG acquired 

Bankers Trust Corporation. DBTA is indirectly 

wholly owned by Deutsche Bank, AG. Thus, any 

reference to Bankers Trust Company should be read 

to mean DBTCA.

2For additional information regarding the 

Information, interested persons should refer to the 

notice of proposed exemption at 64 FR 30360, June 

7, 1999.

annual burden for this collection is 

1,222 hours. 

If additional information is required 

contact: Brenda E. Dyer, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Patrick Henry Building, 

Suite 1600, 601 D Street NW., 

Washington, DC 20530.

Dated: January 31, 2005. 

Brenda E. Dyer, 

Department Clearance Officer, Department of 

Justice.

[FR Doc. 05–2033 Filed 2–2–05; 8:45 am] 

BILLING CODE 4410–09–P

DEPARTMENT OF LABOR

Employee Benefits Security 

Administration 

Notice of Proposed Amendment; 

Prohibited Transaction Exemption 

(PTE) 99–29 Involving Bankers Trust 

Company, Deutsche Bank Trust 

Company Americas (DBTCA), and 

Deutsche Bank, AG 

[Application No. D–11246]

SUMMARY: This document contains a 

notice of pendency before the 

Department of Labor (the Department) of 

a proposed individual exemption, 

which, if granted, would amend PTE 

99–29 (64 FR 40623, July 27, 1999), an 

exemption granted to Bankers Trust 

Company. PTE 99–29 permits DBTCA 

(formerly known as Bankers Trust 

Company) to continue to function as a 

qualified professional asset manager 

(QPAM) under PTE 84–14 (49 FR 9494, 

March 13, 1994). If granted, the 

proposed exemption would affect 

participants and beneficiaries and 

fiduciaries of employee benefit plans to 

which DBTCA served as custodian.

EFFECTIVE DATE: If adopted, the proposed 

amendment will be effective as of 

January 31, 2003.

DATES: Written comments and requests 

for a public hearing should be received 

by the Department on or before March 

21, 2005.

ADDRESSES: All written comments and 

requests for a public hearing should be 

sent to the Office of Exemption 

Determinations, Employee Benefits 

Security Administration, Room N–5649, 

U.S. Department of Labor, 200 

Constitution Ave., NW., Washington, 

DC 20210, (Attention D–11246), by fax 

to (202) 219–0204, or by e-mail to 

moffitt.betty@dol.gov. The application 

pertaining to the proposed exemption 

and the comments received will be 

available for public inspection in 

EBSA’s Public Documents Room, U.S. 

Department of Labor, Room N–1513, 

200 Constitution Ave., NW., 

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Allison Padams Lavigne, Office of 

Exemption Determinations, Employee 

Benefits Security Administration, U.S. 

Department of Labor, Washington, DC 

20210 at (202) 693–8540. This is not a 

toll-free number.

SUPPLEMENTARY INFORMATION: Notice is 

hereby given of the pendency before the 

Department of a proposed exemption 

that would amend PTE 99–29. Section 

I of PTE 99–29 conditionally permits 

Banks Trust Company 1 to continue to 

function as a QPAM pursuant to PTE 

84–14, notwithstanding its failure to 

satisfy section I(g) of PTE 84–14. Section 

I(g) specifies that:

Neither the QPAM nor any affiliate thereof 

(as defined in section V(d)), nor any owner, 

direct or indirect, of a 5 percent or more 

interest in the QPAM is a person who within 

the 10 years immediately preceding the 

transaction has been either convicted or 

released from imprisonment, whichever is 

later, as a result of: Any felony involving 

abuse or misuse of such person’s employee 

benefit plan position or employment, or 

position or employment with a labor 

organization; any felony arising out of the 

conduct of the business of a broker, dealer, 

investment adviser, bank, insurance 

company or fiduciary; income tax evasion; 

any felony involving the larceny, theft, 

robbery, extortion, forgery, counterfeiting, 

fraudulent concealment, embezzlement, 

fraudulent conversion, or misappropriation 

of funds or securities; conspiracy or attempt 

to commit any such crimes or a crime in 

which any of the foregoing crimes is an 

element; or any other crime described in 

section 411 of the Employee Income 

Retirement Security Act of 1974 (ERISA or 

the Act). For purposes of this section (g), a 

person shall be deemed to have been 

‘‘convicted’’ from the date of the judgment of 

the trial court, regardless of whether that 

judgment remains under appeal.

Section I of PTE 99–29 was effective 

for the period beginning on the date of 

sentencing with respect to the charges to 

which Bankers Trust Company pled 

guilty on March 11, 1999 and ending on 

July 27, 2004, as a result of the 

conviction of Bankers Trust Company 

for felonies described in the March 11, 

1999 felony information entered in the 

U.S. District Court for the Southern 

District of New York (the Information), 

provided that the conditions of the PTE 

99–29 were met.2

The conditions of section I of PTE 99–

29 include the following: 

(a) The exemption is not applicable if 

Bankers Trust Company becomes 

affiliated with any person or entity 

convicted of any of the crimes described 

in section I(g) of PTE 84–14; 

(b) The exemption is not applicable if 

Bankers Trust Company is convicted of 

any crimes described in section I(g) of 

PTE 84–14, other than those felonies 

discussed in the Information;

(c) The custody operations that were 

part of Bankers Trust Company at the 

time of the March 11, 1999 information, 

and which have subsequently been 

reorganized as part of Global 

Institutional Services (GIS), are subject 

to an annual examination of its 

abandoned property and escheatment 

policies, procedures and practices by an 

independent public accounting firm. 

The examination required by this 

condition shall determine whether the 

written procedures adopted by Bankers 

Trust Company are properly designed to 

assure compliance with the 

requirements of ERISA. The annual 

examination shall specifically require a 

determination by the auditor as to 

whether the Bank has developed and 

adopted internal policies and 

procedures that achieve appropriate 

control objectives and shall include a 

test of a representative sample of 

transactions, fifty percent of which must 

involve ERISA covered plans, to 

determine operational compliance with 

such policies and procedures. The 

auditor shall issue a written report 

describing the steps performed by the 

auditor during the course of its 

examination. The report shall include 

the auditor’s specific findings and 

recommendations. This requirement 

shall continue to be applicable to the 

custody operations that were part of 

Bankers Trust Company as of March 11, 

1999, notwithstanding any subsequent 

reorganization of the custody operation 

function during the term of the 

exemption. 

(d) With respect to the independent 

audit report described in section I(c) 

above: (1) Bankers Trust Company shall 

provide notice to the Department of any 

instances of the Bank’s noncompliance 

with the written policies and 

procedures reviewed by the auditor 

within 10 business days after such 

noncompliance is determined by the 

auditor notwithstanding the fact that the 

examination may not have been 

completed as of that date. Upon request, 

the auditor shall provide the 

Department with all of the relevant