20276 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Notices

controlled substances may file written

comments on or objections to the

application described above and may, at

the same time, file a written request for

a hearing on such application in

accordance with 21 CFR 1301.54 in

such form as prescribed by 21 CFR

1316.47.

Any such comments, objections, or

requests for a hearing may be addressed,

in quintuplicate, to the Deputy Assistant

Administrator, Office of Diversion

Control, Drug Enforcement

Administration, United States

Department of Justice, Washington, D.C.

20537, Attention: DEA Federal Register

Representative (CCR), and must be filed

no later than (30 days from publication).

This procedure is to be conducted

simultaneously with and independent

of the procedures described in 21 CFR

1311.42 (b), (c), (d), (e), and (f). As noted

in a previous notice at 40 FR 43745–46

(September 23, 1975), all applicants for

registration to import basic classes of

any controlled substances in Schedule I

or II are and will continue to be required

to demonstrate to the Deputy Assistant

Administrator, Office of Diversion

Control, Drug Enforcement

Administration that the requirements

for such registration pursuant to 21

U.S.C. 958(a), 21 U.S.C. 823(a), and 21

CFR 1311.42 (a), (b), (c), (d), (e), and (f)

are satisfied.

Dated: April 30, 1996.

Gene R. Haislip,

Deputy Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration.

[FR Doc. 96–11217 Filed 5–3–96; 8:45 am]

BILLING CODE 4410–09–M

Importation of Controlled Substances;

Notice of Application

Pursuant to Section 1008 of the

Controlled Substances Import and

Export Act (21 U.S.C. 958(i)), the

Attorney General shall, prior to issuing

a registration under this Section to a

bulk manufacturer of a controlled

substance in Schedule I or II and prior

to issuing a regulation under Section

1002(a) authorizing the importation of

such a substance, provide

manufacturers holding registrations for

the bulk manufacture of the substance

an opportunity for a hearing.

Therefore, in accordance with Section

1311.42 of Title 21, Code of Federal

Regulations (CFR), notice is hereby

given that on March 14, 1996, Roberts

Laboratories, Inc., 4 Industrial Way

West, Eatontown, New Jersey 07724,

made application to the Drug

Enforcement Administration to be

registered as an importer of propiram

(9649) a basic class of controlled

substance listed in Schedule I.

The firm plans to import the propiram

to manufacture in bulk for product

development.

Any manufacturer holding, or

applying for, registration as a bulk

manufacturer of this basic class of

controlled substance may file written

comments on or objections to the

application described above and may, at

the same time, file a written request for

a hearing on such application in

accordance with 21 CFR 1301.54 in

such form as prescribed by 21 CFR

1316.47.

Any such comments, objections, or

requests for a hearing may be addressed,

in quintuplicate, to the Deputy Assistant

Administrator, Office of Diversion

Control, Drug Enforcement

Administration, United States

Department of Justice, Washington, D.C.

20537, Attention: DEA Federal Register

Representative (CCR), and must be filed

no later than (30 days from publication).

This procedure is to be conducted

simultaneously with and independent

of the procedures described in 21 CFR

1311.42 (b), (c), (d), (e), and (f). As noted

in a previous notice at 40 FR 43745–46

(September 23, 1975), all applicants for

registration to import a basic class of

any controlled substance in Schedule I

or II are and will continue to be required

to demonstrate to the Deputy Assistant

Administrator, Office of Diversion

Control, Drug Enforcement

Administration that the requirements

for such registration pursuant to 21

U.S.C. 958(a), 21 U.S.C. 823(a), and 21

CFR 1311.42 (a), (b), (c), (d), (e), and (f)

are satisfied.

Dated: April 30, 1996.

Gene R. Haislip,

Deputy Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration.

[FR Doc. 96–11216 Filed 5–3–96; 8:45 am]

BILLING CODE 4410–09–M

Manufacturer of Controlled

Substances; Notice of Registration

By Notice dated December 22, 1995,

and published in the Federal Register

on January 22, 1996, (61 FR 1604),

Upjohn Company, 7171 Portage Road,

M.L. 2000–41–109, Kalamazoo,

Michigan 49001, made application to

the Drug Enforcement Administration to

be registered as a bulk manufacturer of

2,5-Dimethoxyamphetamine (7396), a

basic class of controlled substance listed

in Schedule I.

No comments or objections have been

received. DEA has considered the

factors in 21 U.S.C. 823(a) and

determined that this registration of the

Upjohn Company to manufacture the

listed controlled substance is consistent

with the public interest at this time.

Therefore, pursuant to 21 U.S.C. 823

and 28 CFR 0.100 and 0.104, the Deputy

Assistance Administration, Office of

Diversion Control, hereby orders that

the application submitted by the above

firm for registration as a bulk

manufacturer of the basic class of

controlled substance listed above is

granted.

Dated: April 29, 1996.

Gene R. Haislip,

Deputy Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration.

[FR Doc. 96–11255 Filed 5–3–96; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Prohibited Transaction Exemption 96–30;

Exemption Application No. D–09904, et al.]

Grant of Individual Exemptions;

Aultman Retirement Savings Plan

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Grant of individual exemptions.

SUMMARY: This document contains

exemptions issued by the Department of

Labor (the Department) 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).

Notices were published in the Federal

Register of the pendency before the

Department of proposals to grant such

exemptions. The notices set forth a

summary of facts and representations

contained in each application for

exemption and referred interested

persons to the respective applications

for a complete statement of the facts and

representations. The applications have

been available for public inspection at

the Department in Washington, D.C. The

notices also invited interested persons

to submit comments on the requested

exemptions to the Department. In

addition the notices stated that any

interested person might submit a

written request that a public hearing be

held (where appropriate). The

applicants have represented that they

have complied with the requirements of

the notification to interested persons.

No public comments and no requests for

a hearing, unless otherwise stated, were

received by the Department.
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Notices 20277

The notices of proposed exemption

were issued and the exemptions are

being granted solely by the Department

because, 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 proposed to the

Secretary of Labor.

Statutory Findings

In accordance with section 408(a) of

the Act and/or section 4975(c)(2) of the

Code and the procedures set forth in 29

CFR Part 2570, Subpart B (55 FR 32836,

32847, August 10, 1990) and based upon

the entire record, the Department makes

the following findings:

(a) The exemptions are

administratively feasible;

(b) They are in the interests of the

plans and their participants and

beneficiaries; and

(c) They are protective of the rights of

the participants and beneficiaries of the

plans.

Aultman Retirement Savings Plan (the

Plan) Located in Canton, Ohio

[Prohibited Transaction Exemption 96–30;

Exemption Application No. D–09904]

Exemption

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 the

guarantee (the Guarantee) by Aultman

Health Services Association (the

Employer), the sponsor of the Plan, of

amounts due the Plan with respect to

four guaranteed investment contracts

issued by Confederation Life

(Confederation Life), including the

Employer’s potential cash advances to

the Plan (the Advances) pursuant to the

Guarantee and the potential repayment

of the Advances (the Repayments);

provided that the following conditions

are satisfied:

(A) All terms of the transactions are

no less favorable to the Plan than those

which the Plan could obtain in an

arm’s-length transaction with an

unrelated party;

(B) The Plan does not incur any

expenses or pay any interest with

respect to the transactions;

(C) The Repayments, if any, are

restricted to (1) excess Advances made

by the Employer, and (2) GIC Proceeds,

defined as all amounts actually received

by the Plan with respect to the GICs

from Confederation Life, any

conservator, trustee or person

performing similar functions with

respect to Confederation Life or acting

as surety or insurer with respect to

Confederation Life, and/or any state

guaranty fund or other entity paying the

obligations of Confederation Life with

respect to the GICs;

(D) The Repayments will be made

only after the Plan has recovered,

through the Advances plus GIC

Proceeds, the amount guaranteed by the

Employer with respect to the GICs; and

(E) To the extent the Advances exceed

GIC Proceeds, repayment of the

difference will be waived.

For a more complete statement of the

facts and representations supporting

this exemption, refer to the notice of

proposed exemption published on

February 13, 1996 at 61 FR 5572.

FOR FURTHER INFORMATION CONTACT:

Ronald Willett of the Department,

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

a toll-free number.)

C.C.L. Label, Inc. 401(k) Profit-Sharing

Plan (the Plan) Located in Grand

Rapids, Michigan

[Prohibited Transaction Exemption 96–31;

Exemption Application No. D–10168]

Exemption

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 the sale by

the Plan of certain publicly traded

limited partnership interests (the

Interests) to CCL Label, Inc. (CCL), a

party in interest with respect to the

Plan, provided that the following

conditions are satisfied: (1) The sale is

a one-time transaction for cash; (2) the

Plan pays no commissions nor other

expenses relating to the sale; and (3) the

purchase price is the greater of: (a) the

fair market value of the Interests as of

the date of the sale, or (b) the original

acquisition cost of the Interests.

For a more complete statement of the

facts and representations supporting the

Department’s decision to grant this

exemption, refer to the notice of

proposed exemption published on

March 12, 1996 at 61 FR 10016.

FOR FURTHER INFORMATION CONTACT: Ms.

Karin Weng of the Department,

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

a toll-free number.)

Coin Acceptors, Inc. Savings and

Protection Plan (the Plan) Located in St.

Louis, Missouri

[Prohibited Transaction Exemption 96–32;

Exemption Application No. D–10183]

Exemption

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 the past sale

by the Plan of certain publicly traded

securities (the Securities) to Coin

Acceptors, Inc. (Coin Acceptors), a party

in interest with respect to the Plan,

provided that the following conditions

were satisfied: (1) The sale was a onetime transaction for cash; (2) the Plan

paid no commissions nor other

expenses relating to the sale; (3) the

purchase price was the aggregate fair

market value of the Securities as of the

date of the sale, as determined by the

Plan’s independent investment manager

by reference to the closing prices for the

Securities on the New York Stock

Exchange (NYSE); and (4) the terms of

the sale were at least as favorable to the

Plan as those obtainable in an arm’s

length transaction with an unrelated

party.

EFFECTIVE DATE: The exemption is

effective as of September 29, 1995.

For a more complete statement of the

facts and representations supporting the

Department’s decision to grant this

exemption, refer to the notice of

proposed exemption published on

March 5, 1996 at 61 FR 8686.

FOR FURTHER INFORMATION CONTACT: Ms.

Karin Weng of the Department,

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

a toll-free number.)

Gail L. Belt Self Employed Retirement

Plan (the Plan) Located in Vienna,

Virginia

[Prohibited Transaction Exemption 96–33;

Exemption Application No. D–10219]

Exemption

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 the sale of a parcel of real property

(the Property) by the Plan to Ms. Gail L.

Belt, a disqualified person with respect

to the Plan for $115,000, provided the

following conditions are satisfied: (a)

The sale is a one-time transaction for

cash; (b) the Plan pays no commissions

or expenses in connection with the

transaction; (c) the Plan receives not less

than the greater of the fair market value

of the Property or its cost in acquiring
20278 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Notices

* Since Ms. Belt 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 Property; (d) the fair market value of

the Property has been determined by a

qualified, independent appraiser; and

(e) Ms. Belt is the only Plan participant

to be affected by the transaction, and

she desires that the transaction be

consummated.*

For a more complete statement of the

facts and representations supporting the

Department’s decision to grant this

exemption, refer to the notice of

proposed exemption published on

March 22, 1996 at 61 FR 11895.

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 or

disqualified person from certain other

provisions to which the exemptions

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) These exemptions are

supplemental to and not in derogation

of, any other provisions of the Act and/

or the Code, including statutory or

administrative exemptions and

transactional 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

(3) The availability of these

exemptions is subject to the express

condition that the material facts and

representations contained in each

application accurately describes all

material terms of the transaction which

is the subject of the exemption.

Signed at Washington, D.C., this 30th day

of April, 1996.

Ivan Strasfeld,

Director of Exemption Determination,

Pension and Welfare Benefits Administration,

Department of Labor.

[FR Doc. 96–11118 Filed 5–3–96; 8:45 am]

BILLING CODE 4510–29–P

[Application No. D–10039, et al.

Proposed Exemptions; San Diego

National Bank

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 restriction 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

All interested persons are invited to

submit written comments or request for

a hearing on the pending exemptions,

unless otherwise stated in the Notice of

Proposed Exemption, within 45 days

from the date of publication of this

Federal Register Notice. Comments and

request 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.

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, NW.,

Washington, DC 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, NW., Washington, DC 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

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.

San Diego National Bank Deferred

Savings Plan (the Plan)

Located in San Diego, California

[Application No. D–10039]

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 CFR Part 2570, Subpart B (55

FR 32836, 32847, August 10, 1990). If

the exemption is granted the restrictions

of sections 406(a), 406 (b)(1) and (b)(2),

and 407(a) 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 past

acquisition by the Plan of certain stock

rights (the Rights) pursuant to a stock

rights offering (the Offering) by SDNB

Financial Corp., a California corporation

(the Parent), which wholly-owns and is

the parent company of the San Diego

National Bank (the Employer), the

sponsor of the Plan and a party in

interest with respect to the Plan; (2) the