Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Notices 37183

10The Department directs interested persons to

ERISA Advisory Opinion 81–69A (dated July 28,

1981) for the principle that contributions in-kind

that relieve an employer of an obligation to make

cash contributions to a plan are prohibited

exchanges (unless otherwise exempt).

transaction costs associated with a

reacquisition of the same or equivalent

securities. Thus, Ms. Hoffman

represents that Marshfield believed it

would be a prudent course for the Plan

to receive the Securities from the Fund

directly and to continue to hold them.

6. PricewaterhouseCoopers LLP

(PWC) in Baltimore, Maryland,

represents that PWC is the certified

public accounting firm for the Plan. Mr.

William L. Stulginsky, a Partner with

PWC, represents that in the process of

preparing the Plan’s audit for 1998, it

came to PWC’s attention that the

Employer had contributed the Securities

to the Plan. PWC informed the Hospital

that an in-kind contribution of the

Securities to the Plan would constitute

a prohibited transaction. The Hospital

had believed, based upon conversations

with Marshfield as described in rep. 5,

above, that the transfer of the Securities

to the Plan was permitted. To resolve

this apparent contradiction, the Hospital

contacted its attorneys, Venable, Baetjer

and Howard, LLP (Venable). Venable

reviewed the transaction and informed

the Hospital that the contribution

constituted a prohibited transaction

under section 406 of the Act.10 The

Hospital thereupon established

procedures to prevent future in-kind

contributions to the Plan, and Venable

followed up with the Hospital in

resolving this issue by filing a request

for the exemption proposed herein.

7. In summary, the applicant

represents that the subject transaction

satisfied the criteria contained in

section 408(a) of the Act because: (a)

The contribution was a one-time

transaction; (b) no commissions were

paid by the Plan in connection with the

transfer of the Securities; (c) the Plan’s

independent investment manager,

Marshfield, determined that the

transaction was appropriate for and in

the best interests of the Plan; (d)

Marshfield consulted Bloomberg, L.P.,

an independent pricing service for

purposes of ascertaining the values of

the Securities on June 18, 1998, the date

of transaction; and (e) when the

prohibited transaction was discovered

by the Plan’s independent C.P.A. firm,

the applicant requested the exemption

proposed herein.

FOR FURTHER INFORMATION CONTACT: Gary

H. Lefkowitz 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 of the Act and/or the Code,

including any prohibited transaction

provisions to which the exemption 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) Before an exemption may be

granted under section 408(a) of the Act

and/or section 4975(c)(2) of the Code,

the Department must find that the

exemption is administratively feasible,

in the interests of the plan and of its

participants and beneficiaries, and

protective of the rights of participants

and beneficiaries of the plan;

(3) The proposed exemptions, if

granted, will be supplemental to, and

not in derogation of, any other

provisions of the Act and/or the Code,

including statutory or administrative

exemptions and transitional 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

(4) The proposed exemptions, if

granted, will be subject to the express

condition that the material facts and

representations contained in each

application are true and complete, and

that each application accurately

describes all material terms of the

transaction which is the subject of the

exemption.

Signed at Washington, DC, this 7th day of

June, 2000.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

U.S. Department of Labor.

[FR Doc. 00–14808 Filed 6–12–00; 8:45 am]

BILLING CODE 4510–29–P

NATIONAL COUNCIL ON DISABILITY

International Watch Advisory

Committee; Notice of Meeting

AGENCY: National Council on Disability

(NCD).

SUMMARY: This notice sets forth the

schedule of the forthcoming meeting/

conference call for NCD’s advisory

committee—International Watch. Notice

of this meeting is required under

Section 10(a)(1)(2) of the Federal

Advisory Committee Act (Pub. L. 92–

463).

INTERNATIONAL WATCH: The purpose of

NCD’s International Watch is to share

information on international disability

issuers and to advise NCD’s Foreign

Policy Team on developing policy

proposals that will advocate for a

foreign policy that is consistent with the

values and goals of the Americans with

Disabilities Act.

DATES: June 23, 2000, 11 a.m. EDT.

For International Watch Information,

Contact: Kathleen A. Blank, Attorney/

Program Specialist, National Council on

Disability, 1331 F Street NW, Suite

1050, Washington, D.C. 20004; 202–

272–2004 (Voice), 202–272–2074 (TTY),

202–272–2022 (Fax), kblank@ncd.gov

(e-mail).

Agency Mission: The National Council

on Disability is an independent federal

agency composed of 15 members

appointed by the President of the

United States and confirmed by the U.S.

Senate. Its overall purpose is to promote

policies, programs, practices, and

procedures that guarantee equal

opportunity for all people with

disabilities, regardless of the nature or

severity of the disability; and to

empower people with disabilities to

achieve economic self-sufficiency,

independent living, and inclusion and

integration into all aspects of society.

This committee is necessary to

provide advice and recommendations to

NCD on international disability issues.

We currently have balanced

membership representing a variety of

disabling conditions from across the

United States.

Open Meeting/Conference Call: This

advisory committee meeting/conference

call of the National Council on

Disability will be open to the public.

However, due to fiscal constraints and

staff limitations, a limited number of

additional lines will be available.

Individuals can also participate in the

conference call at the NCD office. Those

interested in joining this conference call

should contact the appropriate staff

member listed above. Records will be

kept of all International Watch

meetings/conference calls and will be

37184 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Notices

available after the meeting for public

inspection at the National Council on

Disability.

Signed in Washington, DC, on June 7,

2000.

Ethel D. Briggs,

Executive Director.

[FR Doc. 00–14835 Filed 6–12–00; 8:45 am]

BILLING CODE 6820–MA–M

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the Arts;

Combined Arts Advisory Panel.

Pursuant to Section 10(a)(2) of the

Federal Advisory Committee Act (Pub.

L. 92–463), as amended, notice is hereby

given that four meetings of the

Combined Arts Advisory Panel to the

National Council on the Arts will be

held at the Nancy Hanks Center, 1100

Pennsylvania Avenue, NW, Washington,

DC, 20506 as follows:

Visual Arts Section (Creativity &

Organizational Capacity catgories)—

July 10–13, 2000, Room 716. A portion

of this meeting, from 2 p.m. to 3 p.m.

on July 12th, will be open to the public

for policy discussion. The remaining

portions of this meeting, from 9 a.m. to

7 p.m. on July 10th, from 9 a.m. to 6

p.m. on July 11th, from 9 a.m. to 2 p.m.

and 3 p.m. to 6 p.m. on July 12th, and

from 9 a.m. to 5 p.m. on July 13th will

be closed.

Literature section (Creativity &

Organizational Capacity categories)—

July 17–19, 2000, in Room 708. A

portion of this meeting, from 11 a.m. to

1 p.m. on July 19th, will be open to the

public for discussion of policy,

guidelines, and needs of the field. The

remaining portions of this meeting, from

9 a.m. to 7 p.m. on July 17th and 18th

and from 9 a.m. to 11 a.m. and 1 p.m.

to 5 p.m. on July 19th will be closed.

Music section A (Creativity &

Organizational Capacity categories)—

July 17–20, 2000 in room 716. A portion

of this meeting, from 10 a.m. to 12 p.m.

on July 20th, will be open to the public

for discussion of field needs, leadership

initiatives, and guidelines. The

remaining portions of this meeting, from

9 a.m. to 5 p.m. on July 17th through

19th and from 9 a.m. to 10 a.m. on July

20th, will be closed.

Music section B (Creativity

category)—July 31–August 3, 2000 in

Room 716. A portion of this meeting,

from 4 p.m. to 5:30 p.m. on August 2nd,

will be open to the public for discussion

of field needs, leadership initiatives,

and guidelines. The remaining portions

of this meeting, from 9 a.m. to 5 p.m. on

July 31st and August 1st, from 9 a.m. to

4 p.m. on August 2nd, and from 9 a.m.

to 12 p.m. on August 3, will be closed.

The closed portions of these meetings

are for the purpose of Panel review,

discussion, evaluation, and

recommendation on applications for

financial assistance under the National

Foundation of the Arts and the

Humanities Act of 1965, as amended,

including information given in

confidence to the agency by grant

applicants. In accordance with the

determination of the Chairman of May

12, 2000, these sessions will be closed

to the public pursuant to (c)(4)(6) and

(9)(B) of section 552b of Title 5, United

States Code.

Any person may observe meetings, or

portions thereof, of advisory panels

which are open to the public, and, if

time allows, may be permitted to

participate in the panel’s discussions at

the discretion of the panel chairman and

with the approval of the full-time

Federal employee in attendance.

If you need special accommodations

due to a disability, please contact the

Office of AccessAbility, National

Endowment for the Arts, 1100

Pennsylvania Avenue, NW, Washington,

DC 20506, 202/682–5532, TDY–TDD

202/682–5496, at least seven (7) days

prior to the meeting.

Further information with reference to

this meeting can be obtained from Ms.

Kathy Plowitz-Worden, Office of

Guidelines & Panel Operations, National

Endowment for the Arts, Washington,

DC 20506, or call 202/682–5691.

Dated: June 7, 2000.

Kathy Plowitz-Worden,

Panel Coordinator, Panel Operations,

National Endowment for the Arts.

[FR Doc. 00–14825 Filed 6–12–00; 8:45 am]

BILLING CODE 7537–01–M

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the Arts;

Fellowships Advisory Panel

Pursuant to Section 10(a)(2) of the

Federal Advisory Committee Act (Public

Law 92–463), as amended, notice is

hereby given that a meeting of the

Fellowship Advisory Panel, Music

Section (American Jazz Masters

category) to the National Council on the

Arts will be held on June 20, 2000. The

panel will meet by teleconference from

12 p.m. to 2 p.m. in Room 703 at the

Nancy Hanks Center, 1100 Pennsylvania

Avenue, NW., Washington, DC, 20506.

This meeting is for the purpose of

Panel review, discussion, evaluation,

and recommendations on financial

assistance under the National

Foundation on the Arts and the

Humanities Act of 1965, as amended,

including information given in

confidence to the agency. In accordance

with the determination of the Chairman

of May 12, 2000, these sessions will be

closed to the public pursuant to

subsection (c)(4), (6) and (9)(B) of

section 552b of Title 5, United States

Code.

Further information with reference to

this meeting can be obtained from Ms.

Kathy Plowitz-Worden, Office of

Guidelines & Panel Operations, National

Endowment for the Arts, Washington,

D.C., 20506, or call 202/682–5691.

Dated: June 8, 2000.

Kathy Plowitz-Worden,

Panel Coordinator, Panel Operations,

National Endowment for the Arts.

[FR Doc. 00–14935 Filed 6–12–00; 8:45 am]

BILLING CODE 7537–01–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. 72–22–ISFSI; ASLBP No. 97–

732–02–ISFSI]

Private Fuel Storage, L.L.C.

(Independent Spent Fuel Storage

Installation); Notice (Revised Notice of

Hearing and of Opportunity To Make

Oral or Written Limited Appearance

Statements)

June 7, 2000.

The Atomic Safety and Licensing

Board hereby provides a revised notice

that it will convene an evidentiary

hearing to receive testimony and

exhibits and allow the crossexamination of witnesses relating to

certain matters at issue in this

proceeding regarding the June 1997

application of Private Fuel Storage,

L.L.C., (PFS) for a license under 10 CFR

Part 72 to construct and operate an

independent spent fuel storage

installation (ISFSI) on the reservation of

the Skull Valley Band of Goshute

Indians (Skull Valley Band) in Skull

Valley, Utah. In addition, the Board

gives notice that, in accordance with 10

CFR 2.715(a), it will entertain oral

limited appearance statements from

members of the public in connection

with this proceeding.

A. Revised Information Regarding

Location of Evidentiary Hearing

As previously noted in its April 19,

2000 notice (65 FR 24,230 (Apr. 25,

2000)), the Board will conduct an

evidentiary hearing on certain issues

relating to this proceeding, currently

scheduled to include contentions Utah