Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Notices 33377

independent of BTC, the Lenders and

the Plans.

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 14, 2000 at 65 FR 13855.

For Further Information Contact: Gary

H. Lefkowitz of the Department,

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

a toll-free number.)

Bay Internists, Inc. Profit Sharing Plan

(the Plan) Located in Kilmarnock,

Virginia

[Prohibited Transaction Exemption 2000–23;

Exemption Application No. D–10847]

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

proposed sale by the Plan of certain

unimproved real property (the Property)

located in Kilmarnock, Virginia, to BayMed, a general partnership which is a

party in interest with respect to the

Plan, provided that the following

conditions are satisfied:

(a) The proposed sale is a one-time

cash transaction;

(b) The Plan receives the current fair

market value for Property, as established

at the time of the sale by an

independent, qualified appraiser; and

(c) The Plan pays no commissions or

other expenses associated with the sale.

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 14, 2000 at 65 FR 13858.

For Further Information Contact:

Ekaterina A. Uzlyan of the Department

at (202) 219–8883. (This is not a toll-free

number.)

Foodcraft, Inc. Defined Benefit Plan

(the Plan) Located in Los Angeles,

California

[Prohibited Transaction Exemption 2000–24;

Exemption Application No. D–10864]

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) of certain improved real

property (the Property) by the Plan to

the trustees of the Plan, Ernest Lieblich

and Caryl Lieblich (collectively, the

Trustees), parties in interest and

disqualified persons with respect to the

Plan, provided that the following

conditions are met:

(a) All terms and conditions of the

Sale 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 Trustees will purchase the

Property from the Plan for the greater of

$315,000 or the Property’s fair market

value as of the date of the transaction as

determined by a qualified, independent

appraiser;

(c) The Sale will be a one-time

transaction for cash; and

(d) The Plan will pay no fees or

commissions in connection with the

Sale.

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, 2000 at 65 FR 15369.

For Further Information Contact: Mr.

J. Martin Jara, U.S. Department of Labor,

telephone (202) 219–8883. (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, DC, this 18th day of

May, 2000.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

Department of Labor.

[FR Doc. 00–12947 Filed 5–22–00; 8:45 am]

BILLING CODE 4510–29–P

NATIONAL SCIENCE FOUNDATION

Notice of Permits Issued Under the

Antarctic Conservation Act of 1978

AGENCY: National Science Foundation.

ACTION: Notice of permits issued under

the Antarctic Conservation Act of 1978,

Public Law 95–541.

SUMMARY: The National Science

Foundation (NSF) is required to publish

notice of permits issued under the

Antarctic Conservation Act of 1978.

This is the required notice.

FOR FURTHER INFORMATION CONTACT:

Nadene G. Kennedy, Permit Office,

Office of Polar Programs, Rm. 755,

National Science Foundation, 4201

Wilson Boulevard, Arlington, VA 22230.

SUPPLEMENTARY INFORMATION: On April

11th and April 13, 2000, the National

Science Foundation published notices

in the Federal Register of permit

applications received. Permits were

issued on May 15, 2000 to the following

applicant:

Anne A. Sturz: Permit No. 2001–006

Rudolf S. Scheltema: Permit No. 2001–007

Nadene G. Kennedy,

Permit Officer.

[FR Doc. 00–12934 Filed 5–22–00; 8:45 am]

BILLING CODE 7555–01–M

NATIONAL TRANSPORTATION

SAFETY BOARD

Sunshine Act Meeting

TIME AND DATE: 9:30 a.m., Wednesday,

May 31, 2000.

PLACE: NTSB Board Room, 429 L’Enfant

Plaza, SW., Washington, DC 20594.

STATUS: Open to the Public.

MATTERS TO BE CONSIDERED: 

7009A—Marine Accident Report:

Ramming of the Eads Bridge by

Barges in Tow of the M/V Anne

Holly with Subsequent Ramming

and near breakaway of the President

of the Casino on the Admiral, St.

Louis, Missouri, on April 4, 1998.