Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-08-10.xml --- 70 153 Wednesday, August 10, 2005 Contents Agriculture Agriculture Department See Cooperative State Research, Education, and Extension Service See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 46471 05-15767 Air Force Air Force Department RULES Privacy Act; implementation, 46405 05-15787 NOTICES Privacy Act: Systems of records, 46494 05-15786 Antitrust Antitrust Modernization Commission NOTICES Antitrust issues appropriate for study; comment request:

Criminal remedies, 46474 05-15806 Army Army Department NOTICES Privacy Act: Systems of records, 46494 05-15789 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: National organizations serving racial and ethnic populations capacity development programs; correction, 46525-46526 05-15796 Organization, functions, and authority delegations: Chief Science Officer Office, 46526 05-15800 Environmental Health and Injury Prevention Coordinating Center, 46526 05-15797 Health Promotion Coordinating Center, 46526-46527 05-15799 Terrorism Preparedness and Emergency Response Coordinating Office, 46527-46530 05-15798 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46530-46531 05-15821 Grant and cooperative agreement awards:

Red Lake Band of Chippewa Indians and Hebrew Immigrant Aid Society [ **Editorial Note:** These documents appearing at 70 FR 46180 and 46181 in the **Federal Register** of August 9, 2005, were incorrectly indexed in that issue's Table of Contents.] Urban Family Council, PA, 46531 05-15820 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Chicago Sanitary and Ship Canal, IL, 46407-46410 05-15781 Regattas and marine parades:

Manasquan River, NJ; marine events, 46405-46407 05-15783 PROPOSED RULES Drawbridge operations: Wisconsin, 46441-46444 05-15779 NOTICES Committees; establishment, renewal, termination, etc.: Chemical Transportation Advisory Committee, 46533 05-15782 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Chinese imports; safeguard actions, 46493-46494 E5-4328 Comptroller Comptroller of the Currency RULES National banks: Securities; electronic filing and disclosure of beneficial ownership reports, 46403-46405 05-15750 Cooperative Cooperative State Research, Education, and Extension Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 46471-46472 05-15768 Defense Defense Contract Audit Agency NOTICES Privacy Act: Systems of records, 46495-46496 05-15788 Defense Defense Department See Air Force Department See Army Department See Defense Contract Audit Agency See Navy Department Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-15810 46498 05-15811 Meetings:

Special education and rehabilitative services— Vocational rehabilitation activities; on-site monitoring process; correction, 46498-46499 05-15785 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 05-15972 46499 05-15973 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46546-46547 E5-4324 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46547-46548 05-15780 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Cellulose products manufacturing, 46684-46700 05-15733 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: 2-amino-4,5-dihydro-6-methyl-4propyl-s-triazolo(1,5-alpha)pyrimidin-5-one, 46428-46431 05-15837 Animopyralid, 46419-46428 05-15523 Topramezone, 46410-46419 05-15604 Various pesticides; order denying objections to issuance of tolerances, 46706-46740 05-15840 PROPOSED RULES Air pollutants, hazardous; national emission standards: Cellulose products manufacturing, 46701-46703 05-15735 Gasoline distribution facilities; bulk gasoline terminals and pipeline breakout stations, 46452-46459 05-15825 Air quality implementation plans; approval and promulgation; various States:

Texas, 46448-46452 05-15830 Pesticide, food, and feed additive petitions: Interregional Research Project (No. 4), 46444-46448 05-15738 Protection of human subjects; Federal policy Notification to Agriculture and Health and Human Services Secretaries, 46448 05-15839 Water pollution; effluent guidelines for point source categories: Iron and steel manufacturing, 46459-46465 05-15834 NOTICES Committees; establishment, renewal, termination, etc.: Environmental Laboratory Advisory Board, 46505 05-15835 Meetings:

Scientific Counselors Board, 46505-46506 05-15836 Pesticide registration, cancellation, etc.: Arcadis Geraghty and Miller, 46507-46508 05-15838 Pesticides; experimental use permits, etc.: Bayer CropSciences LP, 46508-46510 05-15603 Monsanto Co. et al., 46510-46513 05-15602 Toxic and hazardous substances control: New chemicals— Receipt and status information, 46513-46520 05-15841 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Airbus, 46437-46439 05-15802 Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa, 46439-46441 05-15803 FCC Federal Communications Commission RULES Frequency allocations and radio treaty matters:

World Radiocommunication Conference-2003; concerning frequency bands between 5900 kHz and 27.5 GHz, 46576-46681 05-15213 NOTICES Agency information collection activities; proposals, submissions, and approvals, 46520-46523 05-15429 05-15430 05-15433 05-15434 Meetings: 2007 World Radiocommunication Conference Advisory Committee, 46524 05-15527 *Applications, hearings, determinations, etc.:* Piscataway Board of Education and King's Temple Ministries, Inc., 46523-46524 05-15432 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 46502-46503 E5-4315 Hydroelectric applications, 46503-46505 E5-4318 Meetings:

California Independent System Operator Corp., 46505 E5-4323 *Applications, hearings, determinations, etc.:* Granite State Gas Transmission, Inc., 46499-46500 E5-4322 High Island Offshore System, L.L.C., 46500 E5-4320 Platte-Clay Electric Cooperative, Inc., 46500 E5-4317 Regional Transmission Organizations, et al., 46501 E5-4316 S.D. Warren Co., 46501 E5-4319 TransColorado Gas Transmission Co., 46501 E5-4321 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Driver qualifications— Billings, Linda L., et al.; vision requirement exemption applications, 46567-46569 05-15784 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 46524-46525 05-15772 Federal Open Market Committee: Domestic policy directives, 46525 05-15793 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Furbish lousewort; 5-year status review, 46467-46470 05-15570 Slackwater darter; 5-year review, 46465-46467 05-15720 MISSING FOR:

Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Colorado Eastman Kodak Co.; x-ray film, color paper, digital media, inkjet paper, and entertainment imaging manufacturing facilities, 46474-46475 05-15823 New York Eastman Kodak Co.; printer cartridges and thermal media manufacturing plant, 46475-46476 05-15822 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See National Institutes of Health NOTICES Scientific misconduct findings; administrative actions:

Luce, Randall, 46525 05-15777 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 46534-46535 E5-4332 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office NOTICES Meetings: Blackstone River Valley National Heritage Corridor Commission, 46535 05-15795 IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-15763 46572-46573 05-15764 International International Trade Administration NOTICES Antidumping:

Persulfates from— China, 46476-46480 05-15770 Stainless steel bar from— France, 46482-46483 E5-4330 Italy, 46480-46482 E5-4329 Countervailing duties: Polyethylene terephthalate film, sheet, and strip from— India, 46483-46492 E5-4331 International International Trade Commission NOTICES Import investigations: Circular welded non-alloy steel pipe from— China, 46543-46544 05-15773 Personal computers, monitors, and components, 46544-46545 05-15826 Justice Justice Department See Juvenile Justice and Delinquency Prevention Office See Parole Commission Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Meetings:

Juvenile Justice and Delinquency Prevention Coordinating Council, 46545-46546 05-15760 Labor Labor Department See Employment and Training Administration See Employment Standards Administration Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: Grand Staircase-Escalante National Monument Advisory Committee, 46535-46536 05-15814 Meetings: Resource Advisory Councils— Coeur d’ Alene District, 46536 05-15883 Public land orders: Colorado, 05-15816 46536-46537 05-15817 Realty actions; sales, leases:

Nevada, 46537-46538 05-15812 Recreation management restrictions, etc.: Cove Recreation Site, ID; campground and day use fees and supplementary rules, 46538-46541 05-15815 Hog and Trail Canyons areas, UT; off-highway vehicle travel restriction and seasonal closure to motorized use, 46541 05-15813 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46548-46549 05-15794 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Fuel system integrity; upgraded rear and side impact tests; phase-in requirements, 46431-46436 05-15691 NIH National Institutes of Health NOTICES Meetings: National Institute of Diabetes and Digestive and Kidney Diseases, 46531-46532 05-15752 National Institute of General Medical Sciences, 46532 05-15753 National Institute of Mental Health, 46532-46533 05-15754 05-15755 National Institute of Neurological Disorders and Stroke, 46531 05-15751 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 46436 05-15819 NOTICES Committees; establishment, renewal, termination, etc.: Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council, 46492 05-15756 Permits: Scientific research, 46492-46493 05-15824 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 46541-46542 05-15759 National Science National Science Foundation NOTICES Meetings: Polar Programs Advisory Committee, 46549 05-15774 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 46496-46498 05-15805 05-15807 Nuclear Nuclear Regulatory Commission NOTICES Decommissioning plans; sites:

Ward Center For Nuclear Studies, Cornell University, NY, 46549 E5-4325 Parole Parole Commission NOTICES Meetings; Sunshine Act, 46546 05-15889 Personnel Personnel Management Office NOTICES Meetings: Federal Prevailing Rate Advisory Committee, 46549-46550 05-15775 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline safety: Advisory bulletins— Pilot-operated pressure relief valves; inspection and testing, 46569-46570 05-15758 Waiver petitions— BOC Gases, 46570-46571 05-15757 RUS Rural Utilities Service NOTICES Environmental statements; notice of intent:

Associated Electric Cooperative, Inc.; meetings, 46472-46474 05-15766 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-4308 46550-46551 E5-4309 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 46551-46553 E5-4310 International Securities Exchange, Inc., 46553-46554 E5-4312 National Association of Securities Dealers, Inc., 46554-46558 E5-4313 E5-4327 Pacific Exchange, Inc., 46559-46565 E5-4326 Stock Clearing Corp. of Philadelphia, 46565-46566 E5-4311 State State Department NOTICES Culturally significant objects imported for exhibition:

New Photography ’05: Carlos Garaicoa, Bertien van Manen, Phillip Pisciotta, Robin Rhode, 46566 05-15818 Surface Surface Mining Reclamation and Enforcement Office NOTICES Environmental statements; notice of intent: Excess spoil generation and disposal and stream buffer zones Meetings, 46542-46543 05-15790 Surface Surface Transportation Board NOTICES Railroad services abandonment: BNSF Railway Co., 46571 05-15761 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Aviation proceedings:

Hearings, etc.— Executive Jet Management, Inc.; correction, 46566-46567 05-15917 GoJet Airlines, LLC; correction, 46566 05-15916 Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46533-46534 05-15771 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Separate Parts In This Issue Part II Federal Communications Commission, 46576-46681 05-15213 Part III Environmental Protection Agency, 46684-46703 05-15733 05-15735 Part IV Environmental Protection Agency, 46706-46740 05-15840 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 70 153 Wednesday, August 10, 2005 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 11 [Docket No. 05-14] RIN 1557-AC75 Electronic Filing and Disclosure of Beneficial Ownership Reports AGENCY:

Office of the Comptroller of the Currency, Treasury. ACTION: Final rule. SUMMARY: The Office of the Comptroller of the Currency

(OCC)is issuing this final rule to adopt in final form, without substantive change, an interim rule to amend the OCC's rules, policies, and procedures to require the electronic filing of beneficial ownership reports by officers, directors, and major shareholders of national banks that have equity securities registered under the Securities Exchange Act of 1934. As required by the interim rule, this final rule requires that all reports filed with the OCC under section 16(a) of the Securities Exchange Act of 1934 must be filed electronically and posted on a registered national bank's Web site, if it has one, as soon as practicable. This final rule clarifies procedures for officers, directors, and principal shareholders of registered national banks to comply with these mandated electronic filing requirements. DATES: This final rule is effective on September 9, 2005. FURTHER INFORMATION CONTACT: Asa Chamberlayne, Counsel, Securities and Corporate Practices Division, 202-874-5210, or Martha Vestal Clarke, Counsel, Legislative and Regulatory Activities Division, 202-874-5090. SUPPLEMENTARY INFORMATION: Background The Securities Exchange Act of 1934 (Exchange Act) seeks to protect investors by requiring accurate, reliable, and timely corporate securities disclosures. Generally, companies with equity securities that are subject to the registration requirements under section 12 of the Exchange Act (15 U.S.C. 78 *l* ) must register these securities with the Securities and Exchange Commission (SEC). Section 16(a) of the Exchange Act (15 U.S.C. 78p(a)) requires directors, executive officers, and direct or indirect beneficial owners of more than 10 percent of a class of securities that are registered under the Exchange Act (insiders) to file beneficial ownership reports regarding their ownership and transactions in the company's securities. 1 Section 12(i) of the Exchange Act (15 U.S.C. 78 *l* (i)) vests the OCC, rather than the SEC, with the power to issue regulations implementing certain Exchange Act requirements with respect to national banks that have equity securities registered under the Exchange Act (registered national banks), including section 16, and with the authority to administer and enforce these requirements. 2 1 Section 16(a) also requires an entity that has registered its securities under the Exchange Act to file initial and transactional reports with any national securities exchange on which it has listed its securities. *See* 15 U.S.C. 78p(a). 2 Under section 12(i), the other Federal banking agencies have the same authority with respect to the registered depository institutions that they supervise. *See* 15 U.S.C. 78 *l* (i). As amended by the Sarbanes-Oxley Act of 2002, Pub. L. 107-204, section 16(a) requires that insiders of a registered company, including a registered national bank, must file beneficial ownership reports:

(1)At the time the company registers its securities pursuant to section 12 of the Exchange Act;

(2)within 10 days after becoming an insider of a registered national bank; and

(3)within two business days after an insider consummates a transaction resulting in a change in ownership, or resulting in the purchase or sale of a security-based swap agreement, 3 in the registered securities. These provisions became effective on August 29, 2002. 3 The term “security-based swap agreement” is defined in section 206(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note). Section 16(a)(4) (15 U.S.C. 78p(a)(4)) also requires that, beginning July 30, 2003, insiders must file their change-in-ownership reports electronically. Moreover, the SEC, and the OCC in the case of registered national banks, must make these filings available to the public on the Internet not later than the end of the business day following the filing. Also, a registered company, including a registered national bank, must post its insiders' change-in-ownership reports on its Web site, if it has a Web site, not later than the end of the business day following the filing. The SEC's final rules implementing these requirements for other public companies mandate that all beneficial ownership reports filed under section 16(a), not only the change-in-ownership reports, must be filed electronically and posted on a public company's Web site, if the company has a Web site, not later than the end of the business day following the filing. In addition, the SEC provides Internet access to all such filings that are filed with the SEC. The SEC's rules were effective for all section 16(a) filings that are made on or after June 30, 2003. 4 4 *See* 68 FR 25788 (May 13, 2003). The SEC's final rules also amended 17 CFR 240.16a-3, which applies to registered national banks through the OCC's regulations at 12 CFR 11.2(b)(2). As amended by the SEC, 17 CFR 240.16a-3 provides that any issuer with a corporate Web site must post any section 16(a) report on that Web site by the end of the business day after the filing, and the filing must remain accessible on the Web site for at least 12 months. These same requirements apply to registered national banks. On September 22, 2003, the OCC published and requested comment on an interim rule amending 12 CFR part 11 ( *see* 68 FR 54981). In the interim rule, we imposed requirements similar to those adopted by the SEC and required that all section 16(a) reports must be filed electronically by the required due dates. To provide for the electronic filing of insiders' reports under section 16(a) of the Exchange Act, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the OCC created an electronic filing system utilizing the FDIC *connect* secure Web platform. This filing system became operational on July 30, 2003. In order to assure that this new system was operating effectively, we did not require compliance with the electronic filing and Web site posting requirements until January 1, 2004. We advised that, before January 1, 2004, to the extent practicable, registered national banks should post the section 16(a) filings on their Web sites and their insiders should file their section 16(a) reports electronically. Description of Comments and Final Rule The comment period on the interim rule ended November 21, 2003, and no comments were received. Moreover, while a very few banks may have had some minor problems connecting to or filing reports on FDIC *connect* in the past, no further problems have been reported. Thus, the OCC is adopting the interim rule as a final rule with no substantive modifications. Accordingly, the final rule revises 12 CFR 11.3(a), which relates to filing requirements and the inspection of documents filed with the OCC pursuant to the Exchange Act. The rule contains a new § 11.3(a)(2), which provides that statements that are required to be filed electronically pursuant to section 16(a) of the Exchange Act shall be filed electronically. New § 11.3(a)(4) clarifies that the electronic filing and Web site posting requirements are mandatory for section 16(a) statements that are required to be filed on or after January 1, 2004. The final rule also adds a new § 11.3(a)(3)(ii) which provides that an electronic filing pursuant to section 16(a) of the Exchange Act submitted by direct transmission on or before 10 p.m. Eastern Standard Time or Eastern Daylight Savings Time, whichever is currently in effect, shall be deemed filed on the same business day. This aspect of the final rule is consistent with the SEC's rules applicable to electronic filings that apply to other registered companies. *See* 17 CFR 232.13(a)(4). The OCC's current rule at § 11.2(b)(2) references the requirements in the SEC's rules that a public company that has a Web site must post any filings on Forms 3, 4, or 5— the forms for filing beneficial ownership reports under section 16(a) of the Exchange Act—by the end of the business day after the filing and continue to make that form accessible on its Web site for at least 12 months. *See* 17 CFR 240.16a-3. Under the OCC's current rules, a registered national bank is required to post these filings on its Web site, if it has one, in accordance with 17 CFR 240.16a-3. The OCC has adopted the interim rule with one technical modification concerning the authority citation. The interim rule contained a change to the authority citation for part 11 that is no longer necessary. The OCC made this change already in a final rule amending 12 CFR parts 11 and 16, “Reporting and Disclosure Requirements for National Banks With Securities Registered Under the Securities Exchange Act of 1934; Securities Offering Disclosure Rules,”. *See* 68 FR 68489 (Dec. 9, 2003). Regulatory Analysis Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, the OCC may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget

(OMB)control number. The collections of information requirements in 12 CFR part 11, including the requirements in this final rule, have been submitted to and approved by OMB under OMB Control Number 1557-0106. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b) (RFA), the regulatory flexibility analysis otherwise required under section 604 of the RFA is not required if the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities and publishes its certification and a short, explanatory statement in the **Federal Register** along with its rule. As of December 31, 2002, there were approximately 25 registered national banks subject to the amendments to part 11. As of the same date, only 15 of these institutions have assets of less than $100 million and are considered small entities for purposes of the RFA. *See* 5 U.S.C. 601; 13 CFR 121.201. Based on the relatively small number of national banks affected by the final rule and the fact that the requirements will not materially change the operating environment for those banks, the OCC hereby certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities. Accordingly, a regulatory flexibility analysis is not needed. Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995, Pub. L. 104-04 (Unfunded Mandates Act) requires that an agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. The OCC has determined that the final rule will not result in expenditures by State, local, or tribal governments or by the private sector of $100 million or more. Accordingly, the OCC has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered. Executive Order 12866 The OCC has determined that this final rule does not constitute a “significant regulatory action” for the purposes of Executive Order 12866. List of Subjects in 12 CFR Part 11 Confidential business information, National banks, Reporting and recordkeeping requirements, Securities. PART 11—SECURITIES EXCHANGE ACT DISCLOSURE RULES 1. The authority citation for part 11 continues to read as follows: Authority: 12 U.S.C. 93a; 15 U.S.C. 78l, 78m, 78n, 78p, 78w, 7241, 7242, 7243, 7244, 7261, 7262, 7264 and 7265. 2. In § 11.3, paragraph

(a)is revised to read as follows: § 11.3 Filing requirements and inspection of documents.

(a)*Filing requirements.*

(1)*General.* Except as otherwise provided in this section, all papers required to be filed with the OCC pursuant to the 1934 Act or regulations thereunder shall be submitted in quadruplicate to the Securities and Corporate Practices Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. Material may be filed by delivery to the OCC through the mail, by fax (202-874-5279), or otherwise.

(2)*Statements filed pursuant to section 16(a) of the 1934 Act.* Statements required under section 16(a) of the 1934 Act shall be filed electronically, as directed by the OCC.

(3)*Date of filing.*

(i)*General.* The date on which papers are actually received by the OCC shall be the date of filing, if the person or bank filing the papers has complied with all applicable requirements.

(ii)*Electronic filings.* An electronic filing of a statement required under section 16(a) of the 1934 Act that is submitted by direct transmission on or before 10 p.m. Eastern Standard Time or Eastern Daylight Savings Time, whichever is currently in effect, shall be deemed filed on the same business day.

(4)*Mandatory compliance date.* Compliance with paragraph (a)(2) of this section and any applicable requirements that such statements must be posted on a registered national bank's Web site are mandatory for statements required to be filed on or after January 1, 2004. Dated: August 3, 2005. Julie L. Williams, Acting Comptroller of the Currency. [FR Doc. 05-15750 Filed 8-9-05; 8:45 am]

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