3266 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Notices

mixed and shared funding may be

appropriate. Each Fund will disclose in

its prospectus that: (a) shares of the

Fund may be offered to insurance

company separate accounts of both

annuity and life insurance variable

contracts, and to Plans; (b) due to

differences of tax treatment and other

considerations, the interests of various

Contract holders participating in the

Fund and the interests of Plans

investing in the Fund may conflict; and

(c) the Board will monitor such Fund for

any material conflicts of interest and

determine what action, if any, should be

taken.

9. Each Fund will comply with all

provisions of the 1940 Act requiring

voting by shareholders (which, for these

purposes, shall be the persons having a

voting interest in the shares of the

respective Fund), and, in particular,

each Fund will either provide for

annual meetings (except to the extent

that the Commission may interpret

Section 16 of the 1940 Act not to require

such meetings), or comply with Section

16(c) of the 1940 Act (although the

Funds are not within the trusts

described in Section 16(c) of the 1940

Act), as well as with Section 16(a), and,

if applicable, Section 16(b) of the 1940

Act. Further, each Fund will act in

accordance with the Commission’s

interpretation of the requirements of

Section 16(a) with respect to periodic

elections of directors (or trustees) and

with whatever rules the Commission

may promulgate with respect thereto.

10. If and to the extent Rules 6e–2 and

6e–3(T) are amended (or Rule 6e–3

under the 1940 Act is adopted) to

provide exemptive relief from any

provision of the 1940 Act or the rules

promulgated thereunder with respect to

mixed or shared funding on terms and

conditions materially different from any

exemptions granted in the order

requested by Applicants, then the Funds

shall and the Participating Insurance

Companies, as appropriate, shall be

required to take such steps as may be

necessary to comply with Rules 6e–2

and 6e–3(T), as amended, or Rule 6e–3,

as adopted, to the extent applicable.

11. No less than annually, the Adviser

(or any other investment adviser of a

Fund) the Participating Insurance

Companies and Participating Plans shall

submit to the Boards such reports,

materials or data as such Boards may

reasonably request so that the Boards

may fully carry out obligations imposed

upon them by the conditions contained

in the application. Such reports,

materials and data shall be submitted

more frequently if deemed appropriate

by the applicable Boards. The

obligations of the Adviser, Participating

Insurance Companies and Participating

Plans to provide these reports, materials

and data to the Boards, shall be a

contractual obligation of the Adviser, all

Participating Insurance Companies and

Participating Plans under their

agreements governing participation in

the Funds.

12. If a Plan or Plan participating

shareholder should become an owner of

10% or more of the issued and

outstanding shares of a Fund, such Plan

will execute a participation agreement

with such Fund, including the

conditions set forth herein to the extent

applicable. A Plan or Plan participant

shareholder will execute an application

containing an acknowledgment of this

condition at the time of its initial

purchase of shares of the Fund.

Conclusion

For the reasons summarized above,

Applicants assert that the requested

exemptions are necessary and

appropriate in the public interest and

consistent with the protection of

investors and the purposes fairly

intended by the policy and provisions of

the 1940 Act.

For the Commission, by the Division of

Investment Management, pursuant to

delegated authority.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–1285 Filed 1–19–00; 8:45 am]

BILLING CODE 8010–01–M

STATE DEPARTMENT

[Public Notice #3188]

Overseas Security Advisory Council

(OSAC) Meeting Notice; Closed

Meeting

The Department of State announces a

meeting of the U.S. State Department—

Overseas Security Advisory Council on

February 15, 16, and 17, at the Westin

Hotel, Fort Lauderdale, Florida.

Pursuant to section 10(d) of the Federal

Advisory Committee Act and 5 U.S.C.

552b(c)(1) and (4), it as been determined

the meeting will be closed to the public.

Matters relative to classified national

security information as well as

privileged commercial information will

be discussed. The agenda will include

updated committee reports, a world

threat overview and a round table

discussion that calls for the discussion

of classified and corporate proprietary/

security information as well as private

sector physical and procedural security

policies and protective programs at

sensitive U.S. Government and private

sector locations overseas.

For more information contact Marsha

Thurman, Overseas Security Advisory

Council, Department of State,

Washington, D.C. 20522–1003, phone:

202–663–0533.

Dated: January 7, 2000.

Peter E. Bergin,

Director of the Diplomatic Security Service.

[FR Doc. 00–1366 Filed 1–20–00; 8:45 am]

BILLIING CODE 4710–24–p

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Application

(00–02–C–00–SWF) To Impose and Use

a Passenger Facility Charge (PFC) at

Stewart International Airport,

Newburgh, NJ

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of intent to rule on

application.

SUMMARY: This correction revises

information from the previously

published notice.

In notice document 99–29903

beginning on page 62243 in the issue of

Tuesday, November 16, 1999, under the

header section, first paragraph, the

notice of intent to rule on application

number should be, ‘‘(00–02–C–00–

SWF)’’. Also under Supplementary

Information section, third paragraph,

application number should be, ‘‘00–02–

C–00–SWF’’.

DATES: Comments must be received on

or before February 22, 2000.

FOR FURTHER INFORMATION CONTACT: Dan

Vornea, Project Manager, New York

Airports District Office, 600 Old

Country Road, Suite 446, Garden City,

N.Y. 11530.

Issued in Garden City, New York on

November 24, 1999.

Thomas Felix,

Manager, Planning & Programming Branch,

Eastern Region.

[FR Doc. 00–868 Filed 1–19–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD–2000–6790]

Information Collection Available for

Public Comments and

Recommendations

ACTION: Notice and request for

comments.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Notices 3267

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995, this

notice announces the Maritime

Administration’s (MARAD) intentions

to request approval for three years of an

existing information collection entitled

‘‘EUSC/Parent Company.’’

DATES: Comments should be submitted

on or before March 20, 2000.

FOR FURTHER INFORMATION CONTACT:

Melvin Geller, Office of National

Security Plans, Maritime

Administration, 400 Seventh Street, SW,

Room P1–1303, Washington, D.C.

20590, telephone number—202–366–

5910. Copies of this collection can also

be obtained from that office.

SUPPLEMENTARY INFORMATION:

Title of Collection: EUSC/Parent

Company.

Type of Request: Approval of an

existing information collection.

OMB Control Number: 2133–0511.

Form Number: None.

Expiration Date of Approval: Three

years from the date of approval.

Summary of Collection of

Information: The collection of

information consists of an inventory of

foreign register vessels owned by

Americans. Specifically, the collection

consists of responses from vessel

owners verifying or correcting vessel

ownership data and characteristics

found in commercial publications. The

information obtained could be vital in a

national or international emergency,

and is essential to the logistical support

planning operations conducted by

MARAD officials.

Need and Use of the Information: The

information obtained will be used for

contingency planning for sealift

requirements primarily as a source of

ships to move essential oil and bulk

cargoes in support of the national

economy.

Description of Respondents: Foreign

register American vessel owners.

Annual Responses: 92 responses.

Annual Burden: 46 hours.

Comments: Comments should refer to

the docket number that appears at the

top of this document. Written comments

may be submitted to the Docket Clerk,

U.S. DOT Dockets, Room PL–401, 400

Seventh Street, SW, Washington, DC

20590. Comments may also be

submitted by electronic means via the

Internet at http://dmses.dot.gov/submit.

Specifically, address whether this

information collection is necessary for

proper performance of the function of

the agency and will have practical

utility, accuracy of the burden

estimates, ways to minimize this

burden, and ways to enhance quality,

utility, and clarity of the information to

be collected. All comments received

will be available for examination at the

above address between 10 a.m. and 5

p.m. et Monday through Friday, except

Federal Holidays. An electronic version

of this document is available on the

World Wide Web at http://dms.dot.gov.

Dated: January 13, 2000.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary.

[FR Doc. 00–1287 Filed 1–19–00; 8:45 am]

BILLIING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–98–3848; Notice 3]

Beall Trailers of Washington, Inc.;

Petition for Renewal of Temporary

Exemption From Federal Motor Vehicle

Safety Standard No. 224

Beall Trailers of Washington, Inc., of

Kent, Washington, (‘‘Beall’’), a whollyowned subsidiary of Beall Corporation,

has asked us to renew, for three years,

the temporary exemption we granted it

in July 1998 from Federal Motor Vehicle

Safety Standard No. 224 Rear Impact

Protection. The basis of the petition is

that compliance would cause

substantial economic hardship to a

manufacturer that has tried in good faith

to comply with the standard.

We are publishing this notice of

receipt of the petition in accordance

with our regulations on the subject. This

action does not represent that we have

made any judgment about the merits of

the petition.

On July 8, 1998, we granted Beall’s

initial exemption petition, assigning it

NHTSA Temporary Exemption No. 98–

5, expiring July 1, 1999 (63 FR 36989).

On April 20, 1999, we received Beall’s

application for renewal, which was filed

in time to stay the expiration date of the

exemption, as provided by 49 CFR

555.8(e). Following our request, Beall

provided more current financial and

production information on October 28,

1999 to supplement its new petition.

Beall manufactures and sells dump

body trailers. It (identified in the

petition as ‘‘Truckweld’’) produced a

total of 311 trailers in 1997, of which

124 were dump body types. Truckweld

trailer production in 1998 was down to

135 units but the number of dump body

types was not stated.

Standard No. 224 requires, effective

January 26, 1998, that all trailers with a

GVWR of 4536 Kg or more, including

dump body types, be fitted with a rear

impact guard that conforms to Standard

No. 223 Rear impact guards. Beall

argued earlier that ‘‘alterations may

have to be made to the trailer chassis or

even raising the dump box to provide

space for the retractable guard,’’

indicating that a guard that retracts

when the dump body is in operation is

the solution it is seeking in order to

comply. During the time that its

exemption has been in effect, Beall

‘‘has, in good faith, made attempts to

design a compliant device.’’ It states that

it has developed ‘‘a number of potential

designs’’ including an articulating

design, but ‘‘these devices * * * do not

meet FMVSS 224, have interferences

with paving equipment, or have severe

maintenance issues.’’ The company is

still testing hinged, retractable devices

but three issues must be overcome.

First, space for a retracted device is not

readily available ‘‘due to the clearance

issues in connecting to pavers.’’ Raising

the box also raises the center of gravity

and reduces the stability of the trailers

‘‘thereby endangering others.’’ Second,

‘‘asphalt service will, over a period of

time, render such devices unusable.’’

Finally, ‘‘it would be possible to operate

a trailer with these type (sic) of devices

in the retracted position, therefore not

in compliance.’’ It will continue its

efforts to conform during the three-year

exemption period it has requested.

If a renewal of the exemption is not

granted, substantial economic hardship

will result. First, it would lose a trailer

that accounts for 40 percent of its

overall production. In addition, ‘‘some

percentage of the remaining 60% would

be lost since our customers typically

purchase matching truck mounted

dump bodies which may also be lost.’’

It also believes that 31 of its 63

employees would have to be laid off if

its application is denied. It argues that

maintenance of full employment would

be in the public interest . Beall’s net

income was $39,317 in fiscal year 1995,

$72,213 in 1996, $697,040 before

income taxes in 1997, and $326,255 in

1998.

We welcome your written comments

on Beall’s petition. Please send three

copies, headed with the docket and

notice number shown at the top of this

document, and addressed to: Docket

Management, National Highway Traffic

Safety Administration, Room PL–401,

400 Seventh Street, SW, Washington,

DC 20590. We consider all comments

received before the close of business on

the comment closing date below . The

comments will be available for your

examination in the docket at the above

address both before and after that date,

between the hours of 10 a.m. and 5 p.m.

To the extent possible, we will also