20306 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Notices

8Since temporary approval for the current CMO

margin and pricing methodology was granted, PTC

has completed the system enhancements necessary

to use and compare data from two pricing vendors.

CMO prices are established by defaulting to the

lower of the two in the event of any discrepancy.

9 15 U.S.C. 78q–1(b)(3)(F) (1988).

10 15 U.S.C. 78q–1(b)(3)(F) (1988).

11Telephone conversation between John

Rudolph, Board of Governors, and Ari Burstein,

Division of Market Regulation, Commission (April

15, 1996).

12 17 CFR. 200.30–3(a)(12) (1995).

The increase in the basis points used

for CMOs that exhibit negative effective

duration does not affect the margins of

the CMOs currently on deposit at PTC

because the CMO tranches that would

decline in value assuming a one

hundred basis point decline in the yield

of the underlying Treasury security are

interest only (‘‘IO’’) tranches or tranches

which have IO like characteristics.

These securities are not currently priced

by PTC’s pricing vendors and

accordingly are assigned a value of zero

on PTC’s system.8 However, PTC

anticipates that as additional issues

become depository eligible at PTC and

PTC’s pricing vendors are able to

provide prices for such issues, some of

these issues may include tranches

which are sensitive to a one hundred

basis point decline.

PTC believes that the proposed rule

change is consistent with Section

17A(b)(3)(F) of the Act 9 and the rules

and regulations thereunder because it

facilitates the prompt and accurate

clearance and settlement of securities

transactions and provides for the

safeguarding of securities and funds in

PTC’s custody or control or for which

PTC is responsible.

B. Self-Regulatory Organization’s

Statement on Burden on Competition

PTC does not believe that the

proposed rule change imposes any

burden on competition.

C. Self-Regulatory Organization’s

Statement on Comments on the

Proposed Rule Change Received From

Members, Participants, or Others

PTC has discussed the proposed

margin methodology with its Risk

Management Committee, which is

comprised of participant

representatives. PTC has neither

solicited nor received written comments

from participants or other interested

parties on this proposed rule change.

III. Date of Effectiveness of the

Proposed Rule Change and Timing for

Commission Action

Section 17A(b)(3)(F) of the Act 10

requires that the rules of a clearing

agency be designed to assure the

safeguarding of securities and funds in

the custody or control of the clearing

agency or for which it is responsible.

The Commission believes that the

proposed margin and pricing

methodology utilized by PTC for CMOs

is consistent with this obligation.

The Commission previously approved

PTC’s current margin and pricing

methodology for CMOs on a temporary

basis in order to allow PTC further time

to evaluate the methodology and to take

steps to address any concerns which

existed with respect to the methodology.

During the temporary approval period,

PTC has provided information to the

Commission describing the steps taken

by PTC to improve the margin and

pricing methodology including

finalizing arrangements with a second

pricing vendor for daily pricing and

stress test analysis. Because PTC

believes it has made all the changes that

its research and analysis conducted

during the temporary approval period

revealed needed to be made, PTC has

decided to request permanent approval

of the margin and pricing methodology.

PTC’s margin and pricing

methodology helps ensure that in

establishing CMO margins, PTC takes

into account the unique characteristics

of each CMO tranche. Furthermore,

PTC’s reliance on two pricing sources

should provide PTC with timely and

accurate price information. The

resulting margins established for CMOs

that are eligible for deposit or that may

become eligible for deposit at PTC

should afford PTC sufficient protection

in the event it becomes necessary for

PTC to borrow against or liquidate these

assets to satisfy a participant’s debit

balance that is not satisfied at the end

of the day. In addition, increasing the

basis points used in calculating margins

for CMOs that exhibit negative effective

duration from fifty basis points to one

hundred basis points should result in

more conservative margins for these

securities and thereby should help to

limit PTC’s risk resulting from

fluctuations in the market values of

these securities.

PTC has requested that the

Commission find good cause for

approving the proposed rule change

prior to the thirtieth day after the date

of publication of notice of the filing. The

Commission finds such good cause for

so approving the proposed rule change

because accelerated approval will allow

PTC to continue employing its margin

and pricing methodology without

disruption of service prior to the

expiration of the current temporary

approval on April 30, 1996.

Furthermore, the Commission did not

receive any comment letters during the

comment period before it granted

temporary approval or during the

temporary approval period and does not

expect to receive any during the present

comment period. The staff of the Board

of Governors of the Federal Reserve

System (‘‘Board of Governors’’) has

concurred with the Commission’s

granting of accelerated approval.11

IV. Solicitation of Comments

Interested persons are invited to

submit written data, views, and

arguments concerning the foregoing.

Persons making written submissions

should file six copies thereof with the

Secretary, Securities and Exchange

Commission, 450 Fifth Street, N.W.,

Washington, D.C. 20549. 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, N.W.,

Washington, D.C. 20549. Copies of such

filing will also be available for

inspection and copying at the principal

office of PTC. All submissions should

refer to file number SR–PTC–96–02 and

should be submitted by May 27, 1996.

It is therefore ordered, pursuant to

Section 19(b)(2) of the Act, that the

proposed rule change (File No. SR–

PTC–96–02) be and hereby is approved

on an accelerated basis.

For the Commission by the Division of

Market Regulation, pursuant to delegated

authority.12

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 96–11230 Filed 5–3–96; 8:45 am]

BILLING CODE 8010–01–M

UNITED STATES SENTENCING

COMMISSION

Amendments to the Sentencing

Guidelines for United States Courts

AGENCY: United States Sentencing

Commission.

ACTION: Notice of submission to

Congress of amendments to the

sentencing guidelines.

SUMMARY: Pursuant to its authority

under section 994(p) of title 28, United

States Code, the United States
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Notices 20307

Sentencing Commission, on May 1,

1996, submitted to the Congress

amendments to the sentencing

guidelines, policy statements, and

official commentary together with

reasons for the amendments. Pursuant

to 28 U.S.C. 994(p), the Commission has

specified an effective date of November

1, 1996, for these amendments.

ADDRESSES: Comments should be sent

to: United States Sentencing

Commission, One Columbus Circle, NE.,

Suite 2–500, South Lobby, Washington,

DC 20002–8002, Attn: Public

Information.

FOR FURTHER INFORMATION CONTACT:

Mike Courlander, Public Information

Specialist, telephone: (202) 273–4590.

SUPPLEMENTARY INFORMATION: The

United States Sentencing Commission,

an independent agency in the judicial

branch of the U.S. Government, is

empowered by 28 U.S.C. 994(a) to

promulgate sentencing guidelines and

policy statements for federal sentencing

courts. The statute further directs the

Commission periodically to review and

revise guidelines previously

promulgated and authorizes it to submit

guideline amendments to the Congress

no later than the first day of May each

year. See 28 U.S.C. 994(o), (p). Absent

action of Congress to the contrary, the

amendments become effective on the

date specified by the Commission (i.e.,

November 1, 1996) by operation of law.

Notice of the amendments submitted

to the Congress on April 30, 1996, was

published in the Federal Register of

February 23, 1996 (61 FR 7037) and

March 15, 1996 (61 FR 10835). A public

hearing on the proposed amendments

was held in Washington, DC, on March

11, 1996. After review of the hearing

testimony and additional public

comment, the Commission promulgated

the amendments set forth below, each

having been approved by at least four

voting Commissioners.

In connection with its ongoing

process of guideline review, the

Commission welcomes comment on any

aspect of the sentencing guidelines,

policy statements, and official

commentary.

Authority: 28 U.S.C. 994 (a), (o), (p).

Richard P. Conaboy,

Chairman.

Amendments to the Sentencing

Guidelines

Pursuant to section 994(p) of title 28,

United States Code, the United States

Sentencing Commission hereby submits

to the Congress the following

amendments to the sentencing

guidelines and the reasons therefor. As

authorized by such section, the

Commission specifies an effective date

of November 1, 1996, for these

amendments.

Amendments to the Sentencing

Guidelines, Policy Statements, and

Official Commentary

1. Amendment: Section 2G2.1(a) is

amended by striking ‘‘25’’ and inserting

‘‘27’’.

Section 2G2.1(b)(1) is amended to

read as follows:

‘‘(1) If the offense involved a victim

who had (A) not attained the age of

twelve years, increase by 4 levels; or (B)

attained the age of twelve years but not

attained the age of sixteen years,

increase by 2 levels.’’.

Section 2G2.1(b) is amended by

adding at the end the following:

‘‘(3) If a computer was used to solicit

participation by or with a minor in

sexually explicit conduct for the

purpose of producing sexually explicit

material, increase by 2 levels.’’.

The Commentary to § 2G2.1 captioned

‘‘Statutory Provisions’’ is amended by

striking ‘‘§ 2251 (a), (b), (c)(1)(B)’’ and

inserting ‘‘§§ 2251 (a), (b), (c)(1)(B), 2258

(a), (b)’’.

Section 2G2.2(a) is amended by

striking ‘‘15’’ and inserting ‘‘17’’.

Section 2G2.2(b) is amended by

adding at the end the following:

‘‘(5) If a computer was used for the

transmission of the material or a notice

or advertisement of the material,

increase by 2 levels.’’.

The Commentary to § 2G2.2 captioned

‘‘Statutory Provisions’’ is amended by

inserting ‘‘2258 (a), (b)’’ after ‘‘2252(a)

(1)–(3)’’.

The Commentary to § 2G2.2 captioned

‘‘Application Notes’’ is amended by

striking Notes 4 and 5; and by amending

Notes 1 and 2 to read as follows:

‘‘1. For purposes of this guideline—

‘‘ ‘Distribution’ includes any act

related to distribution for pecuniary

gain, including production,

transportation, and possession with

intent to distribute.

‘‘ ‘Pattern of activity involving the

sexual abuse or exploitation of a minor’

means any combination of two or more

separate instances of the sexual abuse or

sexual exploitation of a minor by the

defendant, whether or not the abuse or

exploitation (A) occurred during the

course of the offense, (B) involved the

same or different victims, or (C) resulted

in a conviction for such conduct.

‘‘ ‘Sexual abuse or exploitation’ means

conduct constituting criminal sexual

abuse of a minor, sexual exploitation of

a minor, abusive sexual contact of a

minor, any similar offense under state

law, or an attempt or conspiracy to

commit any of the above offenses.

‘Sexual abuse or exploitation’ does not

include trafficking in material relating

to the sexual abuse or exploitation of a

minor.

‘‘ ‘Sexually explicit conduct’ has the

meaning set forth in 18 U.S.C. § 2256.

‘‘2. If the defendant engaged in the

sexual abuse or exploitation of a minor

at any time (whether or not such abuse

or exploitation occurred during the

course of the offense or resulted in a

conviction for such conduct) and

subsection (b)(4) does not apply, an

upward departure may be warranted. In

addition, and upward departure may be

warranted if the defendant received an

enhancement under subsection (b)(4)

but that enhancement does not

adequately reflect the seriousness of the

sexual abuse or exploitation involved.

‘‘Prior convictions taken into account

under subsection (b)(4) are also counted

for purposes of determining criminal

history points pursuant to Chapter Four,

Part A (Criminal History).’’.

Section 2G2.4(a) is amended by

striking ‘‘13’’ and inserting ‘‘15’’.

Section 2G2.4(b) is amended by

adding at the end the following:

‘‘(3) If the defendant’s possession of

the material resulted from the

defendant’s use of a computer, increase

by 2 levels.’’.

Reason for Amendment

This amendment implements the

congressional directives in section 2 of

the Sex Crimes Against Children

Prevention Act of 1995, Pub. L. 104–71,

109 Stat. 774, by providing a two-level

enhancement for offenses involving the

sexual exploitation of minors under

sections 2251 and 2252 of title 18,

United States Code. The two-level

enhancement is provided in the base

offense levels under §§ 2G2.1, 2G2.2,

and 2G2.4.

This amendment also implements the

directive in section 3 of such Act by

providing a two-level enhancement for

offenses under sections 2251(c)(1)(A)

and 2252 of title 18, United States Code,

if a computer was used to transmit

certain notices or advertisements of

material involving minors engaged in

sexually explicit conduct or to transport

or ship that material. The enhancement

in § 2G2.2(b)(5) applies to the

transmission of the material or of the

notice or advertisement of the material.

The enhancement in § 2G2.4(b)(3)

applies only if the defendant’s

possession of the material resulted from

the defendant’s use of a computer. In

addition to these congressionally

directed enhancements, the amendment

adds a two-level enhancement under

§ 2G2.1(b)(3) if a computer was used to

solicit participation in sexually explicit
20308 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Notices

conduct by or with a minor for the

purpose of producing sexually explicit

material, in violation of 18 U.S.C.

§ 2251(c)(1)(B).

This amendment also addresses

several issues in respect to Application

Notes 4 and 5 of the Commentary to

§ 2G2.2. First, the amendment revises

the definition of ‘‘pattern of activity

involving the sexual abuse or

exploitation of a minor’’ to clarify that

‘‘sexual abuse or exploitation,’’ for

purposes of § 2G2.2(b)(4), requires that

the defendant personally had

participated in such conduct. The

amendment defines ‘‘sexual abuse or

exploitation’’ to mean conduct

constituting criminal sexual abuse,

sexual exploitation, or abusive sexual

contact and to exclude trafficking in

child pornography. These revisions are

consistent with United States v.

Chapman, 60 F.3d 894 (1st Cir. 1995)

and United States v. Ketcham, No. 95–

5002, 1996 WL 141628 (3d Cir. Mar. 29,

1996), both of which held that the

defendant’s transportation or

distribution of child pornography is not

sexual exploitation within the meaning

of the ‘‘pattern of activity’’ enhancement

in § 2G2.2(b)(4). Second, the

amendment clarifies that the ‘‘pattern of

activity’’ may include acts of sexual

abuse or exploitation that were not

committed during the course of the

offense or that did not result in a

conviction. This revision responds in

part to the holding in Chapman, 60 F.3d

at 901, that the ‘‘pattern of activity’’

enhancement is inapplicable to past

sexual abuse or exploitation unrelated

to the offense of conviction. The

amended language provides that

conduct involving the defendant’s

sexual abuse or exploitation of a minor

may be considered even if that conduct

did not occur as part of the offense of

conviction. Accordingly, the conduct

considered for purposes of the ‘‘pattern

of activity’’ enhancement is broader

than the scope of relevant conduct

typically considered under § 1B1.3

(Relevant Conduct). Third, the

amendment revises the departure

provision of Application Note 5 to

specify that an upward departure may

be warranted if the defendant (1) did not

engage in a ‘‘pattern of activity’’ but

nevertheless abused a minor at any

time, or (2) engaged in a ‘‘pattern of

activity’’ but the enhancement does not

adequately reflect the seriousness of the

sexual abuse or exploitation. Fourth, the

amendment clarifies that prior

convictions counted as part of the

‘‘pattern of activity’’ also may be

counted as part of the defendant’s

criminal history under Chapter Four, if

those convictions meet the criteria set

forth in the relevant guidelines of that

chapter.

The amendment also makes the

‘‘Statutory Provisions’’ of the

Commentary to §§ 2G2.1 and 2G2.2

more comprehensive by adding 18

U.S.C. § 2258 (a) and (b) to the list of

provisions covered by those guidelines.

2. Amendment: Chapter 2, Part G,

Subpart 1 is amended by striking

§§ 2G1.1 and 2G1.2 and inserting the

following:

‘‘§ 2G1.1. Promoting Prostitution or

Prohibited Sexual Conduct

‘‘(a) Base Offense Level: 14

‘‘(b) Specific Offense Characteristics

‘‘(1) If the offense involved the use of

physical force, or coercion by threats or

drugs or in any manner, increase by 4

levels.

‘‘(2) If the offense involved a victim

who had (A) not attained the age of

twelve years, increase by 9 levels; (B)

attained the age of twelve years but not

attained the age of sixteen years,

increase by 7 levels; or (C) attained the

age of sixteen years but not attained the

age of eighteen years, increase by 5

levels.

‘‘(3) If subsection (b)(2) applies, and

(A) the defendant was a parent, relative,

or legal guardian of the victim, or (B) the

victim was otherwise in the custody,

care, or supervisory control of the

defendant, increase by 2 levels.

‘‘(c) Cross References

‘‘(1) If the offense involved causing,

transporting, permitting, or offering or

seeking by notice or advertisement, a

person less than eighteen years of age to

engage in sexually explicit conduct for

the purpose of producing a visual

depiction of such conduct, apply

§ 2G2.1 (Sexually Exploiting a Minor by

Production of Sexually Explicit Visual

or Printed Material; Custodian

Permitting Minor to Engage in Sexually

Explicit Conduct; Advertisement for

Minors to Engage in Production).

‘‘(2) If the offense involved criminal

sexual abuse, attempted criminal sexual

abuse, or assault with intent to commit

criminal sexual abuse, apply § 2A3.1

(Criminal Sexual Abuse; Attempt or

Assault with the Intent to Commit

Criminal Sexual Abuse).

‘‘(3) If the offense did not involve

promoting prostitution, and neither

subsection (c)(1) nor (c)(2) is applicable,

use the offense guideline applicable to

the underlying prohibited sexual

conduct. If no offense guideline is

applicable to the prohibited sexual

conduct, apply § 2X5.1 (Other Offenses).

‘‘(d) Special Instruction

‘‘(1) If the offense involved more than

one victim, Chapter Three, Part D

(Multiple Counts) shall be applied as if

the promoting of prostitution or

prohibited sexual conduct in respect to

each victim had been contained in a

separate count of conviction.

‘‘Commentary

‘‘Statutory Provisions: 8 U.S.C. § 1328;

18 U.S.C. §§ 2421, 2422, 2423(a).

‘‘Application Notes:

‘‘1. For purposes of this guideline—

‘‘ ‘Coercion’ includes any form of

conduct that negates the voluntariness

of the behavior of the victim. Coercion

would apply, for example, where the

ability of the victim to appraise or

control conduct was substantially

impaired by drugs or alcohol. In the

case of an adult victim, rather than a

victim less than eighteen years of age,

this characteristic generally will not

apply if the drug or alcohol was

voluntarily taken.

‘‘ ‘Promoting prostitution or

prohibited sexaul conduct’ means (A)

transporting a person for the purpose of

prostitution or prohibited sexual

conduct, or (B) persuading, inducing,

enticing, or coercing a person to engage

in, or travel for the propose of engaging

in, prostitution or prohibited sexual

conduct.

‘‘ ‘Sexually explicit conduct’ has the

meaning set forth in 18 U.S.C. § 2256.

‘‘ ‘Victim’ means a person transported,

persuaded, induced, enticed, or coerced

to engage in, or travel for the purpose of

engaging in, prostitution or prohibited

sexual conduct, whether or not the

person consented to the prostitution or

prohibited sexual conduct.

‘‘(2). The enactment for physical

force, or coercion, anticipates no bodily

injury. If bodily injury results, an

upward departure may be warranted.

See Chapter Five, part K (Departures).

‘‘3. For the purposes of § 3B1.1

(Aggravating Role), a victim, as defined

in this guideline, is considered a

participant only if that victim assisted

in the promoting of prostitution or

prohibited sexual conduct in respect to

another victim.

‘‘4. For the purposes of Chapter Three,

Part D (Multiple Counts), each person

transported, persuaded, induced,

enticed, or coerced to engage in, or

travel to engage in, prostitution or

prohibited sexual conduct is to be

treated as a separate victim.

Consequently, multiple counts

involving more than one victim are not

to be grouped together under § 3D1.2

(Groups of Closely-Related Counts). In

addition, subsection (d)(1) directs that if

the relevant conduct of an offense of

conviction includes the promoting of

prostitution or prohibited sexual

conduct in respect to more than one
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Notices 20309

victim, whether specifically cited in the

count of conviction or not, each such

victim shall be treated as if contained in

a separate count of conviction.

‘‘5. Subsection (b)(3) is intended to

have broad application and includes

offenses involving a victim less than

eighteen years of age entrusted to the

defendant, whether temporarily or

permanently. For example, teachers, day

care providers, baby-sitters, or other

temporary caretakers are among those

who would be subject to this

enhancement. In determining whether

to apply this adjustment, the court

should look to the actual relationship

that existed between the defendant and

the victim and not simply to the legal

status of the defendant-victim

relationship.

‘‘6. If the adjustment in subsection

(b)(3) applies, do not apply § 3B1.3

(Abuse of Position of Trust or Use of

Special Skill).

‘‘7. The cross reference in subsection

(c)(1) is to be construed broadly to

include all instances where the offense

involved employing, using, persuading,

inducing, enticing, coercing,

transporting, permitting, or offering or

seeking by notice of advertisement, a

person less than eighteen years of age to

engage in sexually explicit conduct for

the purpose of producing any visual

depiction of such conduct.

‘‘8. The cross reference at subsection

(c)(3) addresses the unusual case in

which the offense did not involve

promoting prostitution and neither

subsection (c)(1) nor (c)(2) is applicable.

In such case, the guideline for the

underlying prohibited sexual conduct is

to be used; e.g., § 2A3.2 (Criminal

Sexual Abuse of Minor (Statutory Rape)

or Attempt to Commit Such Acts) or

§ 2A3.4 (Abusive Sexual Contact or

Attempt to Commit Abusive Sexual

Contact). If three is no offense guideline

for the underlying prohibited sexual

conduct, § 2X5.1 (Other Offenses) is to

be used.’’.

Chapter 1, Part A, Subpart 4(b) is

amended in the fourth paragraph by

striking the third sentence.

Section 3D1.2(d) is amended in the

third paragraph by striking ‘‘2G1.2,’’.

Appendix A is amended—

in the line referenced to 8 U.S.C. § 1328,

by striking ‘‘, 2G1.2’’;

in the line referenced to 18 U.S.C.

§ 2421, by striking ‘‘, 2G1.2’’;

in the line referenced to 18 U.S.C.

§ 2422, by striking ‘‘, 2G1.2’’; and

in the line referenced to 18 U.S.C.

§ 2423(a), by striking ‘‘, 2G1.2’’ and

inserting ‘‘2G1.1’’.

Reason for Amendment

This is a three-part amendment. First,

this amendment implements the

congressional directive in section 4 of

the Sex Crimes Against Children

Prevention Act of 1995, Pub. L. No.

104–71, 109 Stat. 774, by providing a

three-level enhancement for offenses

involving the transportation of minors

with intent to engage in prostitution or

other prohibited sexual conduct under

18 U.S.C. § 2423(a). The three-level

enhancement is provided in the specific

offense characteristic in subsection

(b)(2) related to the age of the victim.

Second, this amendment addresses 18

U.S.C. § 2422(b), a new offense created

by section 508 of the

Telecommunications Act of 1996, Pub.

L. No. 104–104, 110 Stat. 56. That

offense makes it unlawful, in interstate

or foreign commerce, including through

the mail, or within the special maritime

or territorial jurisdiction of the United

States, to knowingly persuade, induce,

entice, or coerce an individual under

the age of 18 years to engage in

prostitution or other prohibited sexual

conduct. The amendment brings this

new offense within the scope of the

consolidated, expanded guideline. As

revised, the guideline is broadly

applicable to offenses that involve

‘‘promoting prostitution or prohibited

sexual conduct.’’ That term is defined to

encompass conduct covered by the new

Telecommunications Act offense as well

as conduct previously covered by the

guideline; i.e., transporting a person, or

inducing a person to travel, for the

purpose of prostitution or other

prohibited sexual conduct.

Third, this amendment consolidates

§§ 2G1.1 (Transportation for the Purpose

of prostitution or Prohibited Sexual

Conduct) and 2G1.2 (Transportation of a

Minor for the Purpose of Prostitution or

Prohibited Sexual Conduct) in

furtherance of the Commission’s goal to

simplify the operation of the guidelines.

Because the consolidated guideline

covers both offenses involving adult

victims and those involving minors, a

two-level increase is provided in the

specific offense characteristic related to

the age of the victim to increase the

offense level when a minor is involved.

The two-level increase is in addition to

the three-level enhancement directed to

be made by the Sex Crimes Against

Children Prevention Act of 1995. In

addition, the consolidated guideline

defines the term ‘‘victim’’ and

incorporates the cross references of

§ 2G1.2 into the consolidate guideline.

The amendment also clarifies that the

‘‘Statutory Provisions’’ in the

Commentary of the consolidated

guideline cover offenses under 18 U.S.C.

§ 2423(a (but not § 2423b), which is

referenced in Appendix A to §§ 2A3.1,

2A3.2, and 2A3.3).

[FR Doc. 96–11174 Filed 5–3–96; 8:45 am]

BILLING CODE 2210–40–M

SMALL BUSINESS ADMINISTRATION

Data Collection Available for Public

Comments and Recommendations

ACTION: Notice and request for

comments.

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995, this

notice announces the Small Business

Administration’s intentions to request

approval on a new, and/or currently

approved information collection.

DATES: Comments should be submitted

by July 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Curtis B. Rich, Management Analyst,

Small Business Administration, 409 3rd

Street, SW., Suite 5000, Washington,

D.C. 20416. Phone Number: 202–205–

6629.

SUPPLEMENTARY INFORMATION:

Title: ‘‘Evaluation of the Small Business

Administration’s 7(a) and 504 Loan

Programs’’

Type of Request: New Information

Collection

Description of Respondents: Owners of

businesses that received a 7(a) or 504

loan during fiscal year 1990

Annual Responses: 1,000

Annual Burden: 1,450

Comments: Send all comments

regarding this information collection to

Allan Mandel, Chief, Policy Branch,

Office of Borrower and Lender

Servicing, Small Business

Administration, 409 3rd Street, SW.,

Suite 8300 Washington, D.C. 20416.

Phone Number: 202–205–6488. Send

comments regarding whether this

information collection is necessary for

the proper performance of the function

of the agency, accuracy of burden

estimate, in addition to ways to

minimize this estimate, and ways to

enhance the quality. Copies of this

collection can also be obtained from

Allan Mandel.

Jacqueline White,

Chief, Administrative Information Branch.

[FR Doc. 96–11241 Filed 5–3–96; 8:45 am]

BILLING CODE 8025–01–M