[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Notices]
[Pages 28244-28248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13915]
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DEPARTMENT OF LABOR
[Prohibited Transaction Exemption 96-44; Exemption Application No. D-
10049, et al.]
Grant of Individual Exemptions; Sprague Electric Company
AGENCY: Pension and Welfare Benefits Administration, Labor.
ACTION: Grant of individual exemptions.
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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.
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.
Sprague Electric Company Retirement and Savings Plan (the Plan) Located
in Cincinnati, Ohio
[Prohibited Transaction Exemption 96-44; Exemption Application No. D-
10049]
Exemption
The restrictions of sections 406(a) and 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 cash sale (the Sale) by the Plan of its 34.2
interest in both the Group Annuity Contract No. CG 0128203A (ELIC
Contract) issued by Executive Life Insurance Company and the Group
Annuity Contract No. GA-4724 (MBL Contract) issued by Mutual Benefit
Life Insurance Company to American Annuity Group, Inc., a party in
interest with respect to the Plan; provided that the following
conditions are met: (1) the Sale is a one-time transaction for cash;
(2) the Plan experiences no loss and incurs no expense from the Sale;
(3) the Plan receives as consideration for the Sale the greater of
either (a) 34.2 percent of the fair market value of the ELIC Contract
and the MBL Contract, respectively, as determined on the date of the
Sale, or (b) 34.2 percent of the accumulated book value of the ELIC
Contract and the MBL Contract, respectively, as set forth in paragraph
4 of the notice of the proposed exemption, with such determinations as
to the consideration for the Sale made by the State Street Bank and
Trust Company, the Plan fiduciary.
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 April 4, 1996, at 61 FR
15140.
Comments
The Department received three written comments from retired
participants of the Plan with respect to the notice of the proposed
exemption. These comments did not relate to the subject Sale
transaction. Accordingly, after giving full consideration to the entire
record, the Department has determined to grant the exemption.
FOR FURTHER INFORMATION CONTACT: Mr. C. E. Beaver of the Department,
telephone (202) 219-8881. (This is not a toll-free number.)
Dauphin Deposit Bank and Trust Company Located in Harrisburg,
Pennsylvania
[Prohibited Transaction Exemption 96-45; Application No. D-10187]
Section I--Exemption for In-Kind Transfer of CIF Assets
The restrictions of sections 406(a) and 406(b) 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 (F) of the Code, shall not
apply, as of May 31, 1996 to the proposed in-kind transfer of assets of
plans for which Dauphin Deposit Bank and Trust Company (Dauphin) acts
as a fiduciary (the Client Plans), other than plans established and
maintained by Dauphin (the Bank Plans), that are held in certain
collective investment funds maintained by Dauphin (CIFs) in exchange
for shares of the Marketvest Funds (the Funds), open-end investment
companies registered under the Investment Company Act of 1940 (the 1940
Act), in situations where Dauphin acts as investment advisor for the
Fund and may provide some other ``Secondary Service'' to the Fund as
defined in Section V(h), in connection with the termination of such
CIFs, provided that the following conditions and the general conditions
of Section III are met:
(a) No sales commissions or other fees are paid by the Client Plans
in connection with the purchase of Fund shares through the in-kind
transfer of CIF assets, and no redemption fees are payable in
connection with the sale of such shares by the Client Plans to the
Funds.
(b) Each Client Plan receives shares of a Fund which have a total
net asset value that is equal to the value of the Plan's pro rata share
of the assets of the
[[Page 28245]]
CIF on the date of the in-kind transfer, based on the current market
value of the CIF's assets as determined in a single valuation performed
in the same manner at the close of that business day using independent
sources in accordance with Rule 17a-7 of the Securities and Exchange
Commission (SEC) under the 1940 Act (see 17 CFR 270.17a-7) and the
procedures established by the Funds pursuant to Rule 17a-7 for the
independent valuation of such assets. Such procedures must require that
all securities for which a current market price cannot be obtained by
reference to the last sale price for transactions reported on a
recognized securities exchange or NASDAQ be valued based on an average
of the highest current independent bid and lowest current independent
offer, as of the close of business on the Friday preceding the weekend
of the CIF transfers, determined on the basis of reasonable inquiry
from at least three sources that are broker-dealers or pricing services
independent of Dauphin.
(c) All or a pro rata portion of the assets of a Client Plan held
in a CIF are transferred in-kind to the Funds in exchange for shares of
such Funds.
(d) A second fiduciary who is independent of and unrelated to
Dauphin (the Second Fiduciary) receives advance written notice of the
in-kind transfer of assets of the CIFs and full written disclosure of
information concerning the Funds, including:
(1) A current prospectus for each Fund in which a Client Plan is
considering investing;
(2) A statement describing the fees for investment advisory or
similar services, any secondary services as defined in Section IV(h),
and all other fees to be charged to or paid by the Client Plan and by
the Funds, including the nature and extent of any differential between
the rates of such fees;
(3) The reasons why Dauphin considers investing in the Fund is an
appropriate investment decision for the Client Plan;
(4) A statement describing whether there are any limitations
applicable to Dauphin with respect to which assets of a Client Plan may
be invested in a Fund, and, if so, the nature of such limitations; and
(5) Upon request of the Second Fiduciary, a copy of the proposed
exemption and/or a copy of the final exemption, if granted, once such
documents are published in the Federal Register.
(e) After consideration of the foregoing information, the Second
Fiduciary authorizes in writing the in-kind transfer of the Client
Plan's CIF assets to a corresponding Fund in exchange for shares of the
Fund.
(f) For all in-kind transfers of CIF assets to a Fund, Dauphin
sends by regular mail to each affected Client Plan the following
information:
(1) Within 30 days after completion of the transaction, a written
confirmation containing:
(i) The identity of each security that was valued for purposes of
the transaction in accordance with Rule 17a-7(b)(4);
(ii) The price of each such security involved in the transaction;
(iii) The identity of each pricing service or market-maker
consulted in determining the value of such securities; and
(2) Within 90 days after completion of each in-kind transfer, a
written confirmation containing:
(i) The number of CIF units held by the Client Plan immediately
before the transfer, the related per unit value, and the total dollar
amount of such CIF units; and
(ii) The number of shares in the Funds that are held by the Client
Plan following the transfer, the related per share net asset value, and
the total dollar amount of such shares.
(g) The conditions set forth in paragraphs (e), (f) and (o) of
Section II below are satisfied.
Section II--Exemption for Receipt of Fees
The restrictions of section 406(a) and 406(b) 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 (F) of the Code, shall not
apply, as of April 1, 1996, to the receipt of fees by Dauphin from the
Funds for acting as an investment adviser for the Funds as well as for
providing other services to the Funds which are ``Secondary Services''
as defined in Section V(h), in connection with the investment by the
Client Plans in shares of the Funds, provided that the following
conditions and the general conditions of Section III are met:
(a) Each Client Plan satisfies either (but not both) of the
following:
(1) The Client Plan receives a cash credit of such Plan's
proportionate share of all fees charged to the Funds by Dauphin for
investment advisory services, including any investment advisory fees
paid by Dauphin to third party sub-advisers, no later than the same day
as the receipt of such fees by Dauphin. The crediting of all such fees
to the Client Plans by Dauphin is audited by an independent accounting
firm on at least an annual basis to verify the proper crediting of the
fees to each Plan.
(2) The Client Plan does not pay any Plan-level investment
management fees, investment advisory fees, or similar fees to Dauphin
with respect to any of the assets of such Plan which are invested in
shares of any of the Funds. This condition does not preclude the
payment of investment advisory or similar fees by the Funds to Dauphin
under the terms of an investment management agreement adopted in
accordance with section 15 of the 1940 Act, nor does it preclude the
payment of fees for Secondary Services to Dauphin pursuant to a duly
adopted agreement between Dauphin and the Funds.
(b) The price paid or received by a Client Plan for shares in a
Fund is the net asset value per share at the time of the transaction,
as defined in Section V(e), and is the same price which would have been
paid or received for the shares by any other investor at that time.
(c) Dauphin, including any officer or director of Dauphin, does not
purchase or sell shares of the Funds from or to any Client Plan.
(d) No sales commissions are paid by the Client Plans in connection
with the purchase or sale of shares of the Funds and no redemption fees
are paid in connection with the sale of shares by the Client Plans to
the Funds.
(e) For each Client Plan, the combined total of all fees received
by Dauphin for the provision of services to a Client Plan, and in
connection with the provision of services to the Funds in which the
Client Plan may invest, are not in excess of ``reasonable
compensation'' within the meaning of section 408(b)(2) of the Act.
(f) Dauphin does not receive any fees payable pursuant to Rule 12b-
1 under the 1940 Act in connection with the transactions.
(g) The Client Plans are not employee benefit plans sponsored or
maintained by Dauphin.
(h) The Second Fiduciary receives, in advance of any initial
investment by the Client Plan in a Fund, full and detailed written
disclosure of information concerning the Funds, including but not
limited to:
(1) A current prospectus for each Fund in which a Client Plan is
considering investing;
(2) A statement describing the fees for investment advisory or
similar services, any secondary services as defined in Section IV(h),
and all other fees to be charged to or paid by the Client Plan and by
the Funds, including the nature and extent of any differential between
the rates of such fees;
[[Page 28246]]
(3) The reasons why Dauphin may consider such investment to be
appropriate for the Client Plan;
(4) A statement describing whether there are any limitations
applicable to Dauphin with respect to which assets of a Client Plan may
be invested in the Funds, and if so, the nature of such limitations;
and
(5) Upon request of the Second Fiduciary, a copy of the proposed
exemption and/or a copy of the final exemption, if granted, once such
documents are published in the Federal Register.
(i) After consideration of the information described above in
paragraph (h), the Second Fiduciary authorizes in writing the
investment of assets of the Client Plan in each particular Fund and the
fees to be paid by such Funds to Dauphin.
(j) All authorizations made by a Second Fiduciary regarding
investments in a Fund and the fees paid to Dauphin are subject to an
annual reauthorization wherein any such prior authorization referred to
in paragraph (i) shall be terminable at will by the Client Plan,
without penalty to the Client Plan, upon receipt by Dauphin of written
notice of termination. A form expressly providing an election to
terminate the authorization described in paragraph (i) above (the
Termination Form) with instructions on the use of the form must be
supplied to the Second Fiduciary no less than annually; provided that
the Termination Form need not be supplied to the Second Fiduciary
pursuant to this paragraph sooner than six months after such
Termination Form is supplied pursuant to paragraph (l) below, except to
the extent required by such paragraph in order to disclose an
additional service or fee increase. The instructions for the
Termination Form must include the following information:
(1) The authorization is terminable at will by the Client Plan,
without penalty to the Client Plan, upon receipt by Dauphin of written
notice from the Second Fiduciary; and
(2) Failure to return the Termination Form will result in continued
authorization of Dauphin to engage in the transactions described in
paragraph (i) on behalf of the Client Plan.
(k) For each Client Plan using the fee structure described in
paragraph (a)(1) above with respect to investments in a particular
Fund, the Second Fiduciary of the Client Plan receives full written
disclosure in a Fund prospectus or otherwise of any increases in the
rates of fees charged by Dauphin to the Funds for investment advisory
services.
(l) (1) For each Client Plan using the fee structure described in
paragraph (a)(2) above with respect to investments in a particular
Fund, an increase in the rate of fees paid by the Fund to Dauphin
regarding any investment management services, investment advisory
services, or similar services that Dauphin provides to the Fund over an
existing rate for such services that had been authorized by a Second
Fiduciary in accordance with paragraph (i) above; or
(2) For any Client Plan under this exemption, an addition of a
Secondary Service (as defined in Section IV(h) below) provided by
Dauphin to the Fund for which a fee is charged, or an increase in the
rate of any fee paid by the Funds to Dauphin for any Secondary Service
that results either from an increase in the rate of such fee or from
the decrease in the number of kind of services performed by Dauphin for
such fee over an existing rate for such Secondary Service which had
been authorized by the Second Fiduciary of a Client Plan in accordance
with paragraph (i) above;
Dauphin will, at least 30 days in advance of the implementation of
such additional service for which a fee is charged or fee increase,
provide a written notice (which may take the form of a proxy statement,
letter, or similar communication that is separate from the prospectus
of the Fund and which explains the nature and amount of the additional
service for which a fee is charged or of the increase in fees) to the
Second Fiduciary of the Client Plan. Such notice shall be accompanied
by a Termination Form with instructions as described in paragraph (i)
above.
(m) On an annual basis, Dauphin provides the Second Fiduciary of a
Client Plan investing in the Funds with:
(1) A copy of the current prospectus for the Funds in which the
Client Plan invests and, upon such fiduciary's request, a copy of the
Statement of Additional Information for such Funds which contains a
description of all fees paid by the Funds to Dauphin;
(2) A copy of the annual financial disclosure report prepared by
Dauphin which includes information about the Fund portfolios as well as
audit findings of an independent auditor within 60 days of the
preparation of the report; and
(3) Oral or written responses to inquiries of the Second Fiduciary
as they arise.
(n) With respect to each of the Funds in which a Client Plan
invests, in the event such Fund places brokerage transactions with
Dauphin, Dauphin will provide the Second Fiduciary of such Plan at
least annually with a statement specifying:
(1) The total, expressed in dollars, of brokerage commissions of
each Fund that are paid to Dauphin by such Fund;
(2) The total, expressed in dollars, of brokerage commissions of
each Fund that are paid by such Fund to brokerage firms unrelated to
Dauphin;
(3) The average brokerage commissions per share, expressed as cents
per share, paid to Dauphin by each Fund; and
(4) The average brokerage commissions per share, expressed as cents
per share, paid by each Fund to brokerage firms unrelated to Dauphin.
(o) All dealings between the Client Plans and the Funds are on a
basis no less favorable to the Plans than dealings with other
shareholders of the Funds.
Section III--General Conditions
(a) Dauphin maintains for a period of six years the records
necessary to enable the persons described below in paragraph (b) to
determine whether the conditions of this exemption have been met,
except that (1) a prohibited transaction will not be considered to have
occurred if, due to circumstances beyond the control of Dauphin, the
records are lost or destroyed prior to the end of the six-year period,
and (2) no party in interest other than Dauphin or an affiliate shall
be subject to the civil penalty that may be assessed under section
502(i) of the Act or to the taxes imposed by section 4975(a) and (b) of
the Code if the records are not maintained or are not available for
examination as required by paragraph (b) below.
(b) (1) Except as provided below in paragraph (b)(2) and
notwithstanding any provisions of section 504(a)(2) of the Act, the
records referred to in paragraph (a) are unconditionally available at
their customary location for examination during normal business hours
by--
(i) Any duly authorized employee or representative of the
Department or the Internal Revenue Service,
(ii) Any fiduciary of the Client Plans who has authority to acquire
or dispose of shares of the Funds owned by the Client Plans, or any
duly authorized employee or representative of such fiduciary, and
(iii) Any participant or beneficiary of the Client Plans or duly
authorized employee or representative of such participant or
beneficiary;
(2) None of the persons described in paragraph (b)(1)(ii) and (iii)
shall be authorized to examine trade secrets of Dauphin, or commercial
or financial information which is privileged or confidential.
[[Page 28247]]
Section IV--Definitions
For purposes of this exemption:
(a) The term ``Dauphin'' means Dauphin Deposit Bank and Trust
Company and any affiliate thereof as defined below in paragraph (b) of
this section.
(b) An ``affiliate'' of a person includes:
(1) Any person directly or indirectly through one or more
intermediaries, controlling, controlled by, or under common control
with the person;
(2) Any officer, director, employee, relative, or partner in any
such person; and
(3) Any corporation or partnership of which such person is an
officer, director, partner, or employee.
(c) The term ``control'' means the power to exercise a controlling
influence over the management or policies of a person other than an
individual.
(d) The term ``Fund'' or ``Funds'' shall include the Marketvest
Funds, Inc. or any other diversified open-end investment company or
companies registered under the 1940 Act for which Dauphin serves as an
investment adviser and may also serve as a custodian, dividend
disbursing agent, shareholder servicing agent, transfer agent, Fund
accountant, or provide some other ``Secondary Service'' (as defined
below in paragraph (h) of this Section) which has been approved by such
Funds.
(e) The term ``net asset value'' means the amount for purposes of
pricing all purchases and sales calculated by dividing the value of all
securities, determined by a method as set forth in the Fund's
prospectus and statement of additional information, and other assets
belonging to the Fund or portfolio of the Fund, less the liabilities
charged to each such portfolio or Fund, by the number of outstanding
shares.
(f) The term ``relative'' means a ``relative'' as that term is
defined in section 3(15) of the Act (or a ``member of the family'' as
that term is defined in section 4975(e)(6) of the Code), or a brother,
a sister, or a spouse of a brother or a sister.
(g) The term ``Second Fiduciary'' means a fiduciary of a Client
Plan who is independent of and unrelated to Dauphin. For purposes of
this exemption, the Second Fiduciary will not be deemed to be
independent of and unrelated to Dauphin if:
(1) Such fiduciary directly or indirectly controls, is controlled
by, or is under common control with Dauphin;
(2) Such fiduciary, or any officer, director, partner, employee, or
relative of the fiduciary is an officer, director, partner or employee
of Dauphin (or is a relative of such persons);
(3) Such fiduciary directly or indirectly receives any compensation
or other consideration for his or her own personal account in
connection with any transaction described in this exemption.
If an officer, director, partner or employee of Dauphin (or
relative of such persons), is a director of such Second Fiduciary, and
if he or she abstains from participation in (i) the choice of the
Client Plan's investment adviser, (ii) the approval of any such
purchase or sale between the Client Plan and the Funds, and (iii) the
approval of any change in fees charged to or paid by the Client Plan in
connection with any of the transactions described in Sections I and II
above, then paragraph (g)(2) of this section shall not apply.
(h) The term ``Secondary Service'' means a service other than an
investment management, investment advisory, or similar service, which
is provided by Dauphin to the Funds. However, for purposes of Section
II(k), the term ``Secondary Service'' will not include any brokerage
services provided to the Funds by Dauphin for the execution of
securities transactions engaged in by the Funds.
(i) The term ``Termination Form'' means the form supplied to the
Second Fiduciary which expressly provides an election to the Second
Fiduciary to terminate on behalf of a Client Plan the authorization
described in paragraph (i) of Section II. Such Termination Form may be
used at will by the Second Fiduciary to terminate an authorization
without penalty to the Client Plan and to notify Dauphin in writing to
effect a termination by selling the shares of the Funds held by the
Client Plan requesting such termination within one business day
following receipt by Dauphin of the form; provided that if, due to
circumstances beyond the control of Dauphin, the sale cannot be
executed within one business day, Dauphin shall have one additional
business day to complete such sale.
Effective Date
This exemption is effective as of May 31, 1996, for the in-kind
transfers of CIF assets described in Section I. In addition, this
exemption is effective as of April 1, 1996, for the receipt of fees by
Dauphin described in Section II for cash investments made by Client
Plans in shares of the Funds which do not involve any in-kind transfer
of CIF assets to such Funds.
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
10017.
Notice to Interested Persons
The applicant represents that it was unable to notify interested
persons within the time period specified in the Federal Register notice
published on March 12, 1996. The applicant states that interested
persons were notified, in the manner agreed upon between the applicant
and the Department, by April 3, 1996. Interested persons were advised
that they had until May 3, 1996 to comment on the proposed exemption.
Written Comments and Modifications
The applicant submitted the following comments and requests for
modifications regarding the notice of proposed exemption (the
Proposal).
With respect to Section I(g) of the Proposal, the applicant states
that the cross-reference to paragraph (n) of Section II should be
changed to paragraph (o). The Department acknowledges the applicant's
requested clarification and has so modified the language of the
exemption.
With respect to Section IV(i) of the Proposal, the applicant states
that the cross-reference to paragraph (h) of Section II should be
changed to paragraph (i). The Department acknowledges the applicant's
requested clarification and has so modified the language of the
exemption.
With respect to the effective dates for the exemption, the
applicant notes that, consistent with the representations made in the
application, the Proposal provided that the effective date of the
exemption should be March 29, 1996. However, the applicant states that
the target date for the in-kind transfers of CIF assets to the Funds
has been changed to May 31, 1996. Therefore, the effective date for the
exemption under Section I for the in-kind transfers of CIF assets to
the Funds should be changed to May 31, 1996. However, the applicant
states that new Client Plans that have just retained Dauphin as trustee
may seek to invest in the Funds prior to that date. Thus, the applicant
requests that the effective date for the exemption under Section II
concerning the receipt of fees by Dauphin from the Funds for
investments in the Funds made by new Client Plans should be April 1,
1996.
The Department acknowledges the applicant's requested clarification
and has so modified the paragraph in the exemption relating to the
effective date for the transactions described in Section I (the in-kind
transfers of CIF assets to the Funds) and Section II (the receipt of
fees by Dauphin from the Funds).
[[Page 28248]]
No other comments, and no requests for a hearing, were received by
the Department on the Proposal.
Accordingly, based on all of the facts and representations made by
the applicant, the Department has determined to grant the proposed
exemption as modified.
FOR FURTHER INFORMATION CONTACT: Mr. E. F. Williams of the Department,
telephone (202) 219-8194. (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 May, 1996.
Ivan Strasfeld,
Director of Exemption Determinations, Pension and Welfare Benefits
Administration, U.S. Department of Labor.
[FR Doc. 96-13915 Filed 6-3-96; 8:45 am]
BILLING CODE 4510-29-P
