536 Federal Register / Vol. 65, No. 3 / Wednesday, January 5, 2000 / Notices

credit (unless an applicable exemption

provides otherwise);

(4) All collateral is held in the United

States (unless an applicable exemption

provides otherwise) and the situs of the

Securities Loan Agreements are

maintained in the United States under

an arrangement that complies with the

indicia of ownership requirements

under section 404(b) of the Act and the

regulations promulgated under 29 CFR

2550.404(b)-1; and

(5) Each Foreign Affiliate provides the

DB Lending Agent a written consent to

service of process in the United States

and to the jurisdiction of the courts of

the United States for any civil action or

proceeding brought in respect of the

securities lending transaction, which

consent provides that process may be

served on such borrower by service on

the DB Lending Agent.

(q) The DB Lending Agent and its

affiliates maintain, or cause to be

maintained within the United States for

a period of six years from the date of

such transaction, in a manner that is

convenient and accessible for audit and

examination, such records as are

necessary to enable the persons

described in paragraph (r)(1) to

determine whether the conditions of the

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

the DB Lending Agent and/or its

affiliates, the records are lost or

destroyed prior to the end of the six year

period; and

(2) No party in interest other than the

DB Lending Agent and/or its affiliates

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 below by paragraph (r)(1).

(r)(1) Except as provided in

subparagraph (r)(2) of this paragraph

and notwithstanding any provisions of

subsections (a)(2) and (b) of section 504

of the Act, the records referred to in

paragraph (q) are unconditionally

available at their customary location

during normal business hours by:

(i) Any duly authorized employee or

representative of the Department, the

Internal Revenue Service or the

Securities and Exchange Commission;

(ii) Any fiduciary of a participating

Client Plan or any duly authorized

representative of such fiduciary;

(iii) Any contributing employer to any

participating Client Plan or any duly

authorized employee representative of

such employer; and

(iv) Any participant or beneficiary of

any participating Client Plan, or any

duly authorized representative of such

participant or beneficiary.

(r)(2) None of the persons described

above in paragraphs (r)(1)(ii)–(r)(1)(iv) of

this paragraph (r)(1) are authorized to

examine the trade secrets of the DB

Lending Agent or commercial or

financial information which is

privileged or confidential.

III. Definitions

For purposes of this exemption,

(a) The term ‘‘affiliate’’ means any

entity now or in the future, directly or

indirectly controlling, controlled by or

under common control with BT, DB or

their successors.

(b) The term ‘‘Affiliated Borrower’’

means an affiliate of BT or DB that is a

bank, as defined in section 202(a)(2) of

the Investment Advisers Act of 1940

(the Advisers Act), that is supervised by

the United States or a State, or a brokerdealer registered under the 1934 Act, or

any Foreign Affiliate.

(c) The term ‘‘Foreign Affiliate’’

means an affiliate of BT or DB that is a

broker-dealer or bank that is supervised

by (1) the SFA or the FSA in the United

Kingdom; (2) the Deutsche Bundesbank

and/or the BAK, or the BAWe in

Germany; (3) the MOF and/or the Tokyo

Stock Exchange in Japan; (4) the OSC,

the IDA and/or OSFI in Canada; (5) the

Swiss Federal Banking Commission in

Switzerland; and (6) APRA, ASIC and/

or ASEL in Australia.

EFFECTIVE DATE: This exemption is

effective as of April 9, 1999.

For a more complete statement of the

facts and representations supporting the

Department’s decision to grant this

exemption, refer to the Notice published

on October 22, 1999 at 64 FR 57142.

FOR FURTHER INFORMATION CONTACT: Ms.

Jan D. Broady 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 are true and complete and

accurately describe all material terms of

the transaction which is the subject of

the exemption. In the case of continuing

exemption transactions, if any of the

material facts or representations

described in the application change

after the exemption is granted, the

exemption will cease to apply as of the

date of such change. In the event of any

such change, application for a new

exemption may be made to the

Department.

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

of December, 1999.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

Department of Labor.

[FR Doc. 00–220 Filed 1–4–00; 8:45 am]

BILLING CODE 4510–29–P

NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Civil and

Mechanical Systems; Notice of

Meeting

In accordance with the Federal

Advisory Committee Act (Pub. L. 92–

463, as amended), the National Science

Foundation announces the following

meeting:

Name: Special Emphasis Panel in Civil and

Mechanical Systems (1205).

Date/Time: January 11, 2000, 8:00 a.m.–

5:00 p.m.

Place: National Science Foundation, 4201

Wilson Blvd., Room 770, Arlington, VA

22230.

Type Of Meeting: Closed.

Contact Person: Dr. S. Chic Liu, Program

Director, Information Technology and

Infrastructure Systems, National Science

Foundation, 4201 Wilson Boulevard, Room

545, Arlington, VA 22230. (703) 306–1360.

Federal Register / Vol. 65, No. 3 / Wednesday, January 5, 2000 / Notices 537

Purpose of Meeting: To provide advice and

recommendations concerning proposals

submitted to the National Science

Foundation for financial support.

Agenda: To review and evaluate

nominations for the FY’00 Infrastructure

Systems Panel—Unsolicited Proposals as part

of the selection process for awards.

Reason For Closing: The proposals being

reviewed include information of a

proprietary or confidential nature, including

technical information; financial data, such as

salaries; and personal information

concerning individuals associated with the

proposals. These matters are exempt under 5

U.S.C. 552b(c) (4) and (6) of the Government

in the Sunshine Act.

Dated: December 29, 1999.

Karen J. York,

Committee Management Officer.

[FR Doc. 00–129 Filed 1–4–00; 8:45 am]

BILLING CODE 7555–01–M

NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in

Experimental & Integrative Activities;

Notice of Meeting

In accordance with the Federal

Advisory Committee Act (Pub. L. 92–

463, as amended), the National Science

Foundation announces the following

meeting:

Name: Special Emphasis Panel in

Experimental & Integrative Activities (1193).

Date/Time: January 24, 2000, 8:00 a.m.–

5:00 p.m.

Place: National Science Foundation, 4201

Wilson Blvd., Room 1150, Arlington, VA

22230.

Type of Meeting: Closed.

Contact Person: Dr. Anthony Maddox,

CISE Postdoctoral Research Associates,

Experimental and Integrative Activities,

Room 1160, National Science Foundation,

4201 Wilson Boulevard, VA 22230.

Telephone: (703) 306–1981.

Purpose of Meeting: To provide advice and

recommendations concerning proposals

submitted to the National Science

Foundation for financial support.

Agenda: To review and evaluate CISE

Postdoctoral Research Associates proposals

submitted in response to the program

announcement (NSF 97–169).

Reason for Closing: The proposals being

reviewed include information of a

proprietary or confidential nature, including

technical information; financial data, such as

salaries; and personal information

concerning individuals associated with the

proposals. These matters are exempt under 5

U.S.C. 552b(c) (4) and (6) of the Government

in the Sunshine Act.

Dated: December 29, 1999.

Karen J. York,

Committee Management Officer.

[FR Doc. 00–128 Filed 1–4–00; 8:45 am]

BILLING CODE 7555–01–M

NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in

Mathematical Sciences; Notice of

Meeting

In accordance with the federal

Advisory Committee Act (Pub. L. 92–

463, as amended), the National Science

Foundation announces the following

meeting.

Name and Committee Code: Special

Emphasis in Mathematical Sciences (1204).

Date and Time: February 14–16, 2000; 8:30

a.m. until 5 p.m.

Place: Room 360, National Science

Foundation, 4201 Wilson Boulevard,

Arlington, VA 22230.

Type of Meeting: Closed.

Contact Person: Dr. Dimitry Khavinson,

Program Director, National Science

Foundation, 4201 Wilson Boulevard,

Arlington, VA 22230. Telephone: (703) 306–

1994.

Purpose of Meeting: To provide advice and

recommendations concerning proposal

submitted to NSF for financial support.

Agenda: To review and evaluate proposals

concerning the Dynamical Systems/ET Panel

Meeting, as part of the selection process for

awards.

Reason for Closing: The proposals being

reviewed include information of a

proprietary or confidential nature, including

technical information; financial data, such as

salaries and personal information concerning

individuals associated with the proposals.

These matters are exempt under 5 U.S.C.

552b(c) (4) and (6) of the Government in the

Sunshine Act.

Dated: December 27, 1999.

Karen J. York,

Committee Management Officer.

[FR Doc. 00–127 Filed 1–4–00; 8:45 am]

BILLING CODE 7555–01–M

NUCLEAR REGULATORY

COMMISSION

Agency Information Collection

Activities: Submission for OMB

Review; Comment Request

AGENCY: U. S. Nuclear Regulatory

Commission (NRC).

ACTION: Notice of the OMB review of

information collection and solicitation

of public comment.

SUMMARY: The NRC has recently

submitted to OMB for review the

following proposal for the collection of

information under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35). The NRC hereby

informs potential respondents that an

agency may not conduct or sponsor, and

that a person is not required to respond

to, a collection of information unless it

displays a currently valid OMB control

number.

1. Type of submission, new, revision,

or extension: Extension.

2. The title of the information

collection: Application for License to

Export Nuclear Equipment and Material.

3. The form number if applicable:

NRC Form 7.

4. How often the collection is

required: On occasion; for each separate

request for a specific export license and

for exports of incidental radioactive

material using existing general licenses.

5. Who will be required or asked to

report: Any person in the U.S. who

wishes to export: (a) Nuclear material

and equipment subject to the

requirements of a specific license; (b)

radioactive waste subject to the

requirements of a specific license; and

(c) incidental radioactive material that is

a contaminant of shipments of more

than 100 kilograms of non-waste

material using existing NRC general

licenses.

6. An estimate of the number of

responses: 63.

7. The estimated number of annual

respondents: 63.

8. An estimate of the total number of

hours needed annually to complete the

requirement or request: 150 hours (2.4

hours per response).

9. An indication of whether Section

3507(d), Pub. L. 104–13 applies: Not

applicable.

10. Abstract: Any person in the U.S.

wishing to export nuclear material and

equipment requiring a specific

authorization or radioactive waste

requiring a specific authorization

ordinarily should file an application for

a license on NRC Form 7, except that

certain submittals should be filed by

letter. The application will be reviewed

by the NRC and by the Executive

Branch, and if applicable statutory,

regulatory, and policy considerations

are satisfied, the NRC will issue a

license authorizing the export.

A completed NRC Form 7 must also

be filed by any person in the U.S.

wishing to use existing NRC general

licenses for the export of incidental

radioactive material before the export

takes place (if the total amount of the

shipment containing the incidental

radioactive material exceeds 100

kilograms). The form is reviewed by the

NRC to ensure that the NRC is informed

before the fact of these kinds of

shipments and to allow NRC to inform

other interested parties, as appropriate,

including import control authorities in

interested foreign countries.

A copy of the final supporting

statement may be viewed free of charge

at the NRC Public Document Room,

2120 L Street, NW (Lower Level),

Washington, DC. OMB clearance