Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Notices 41093

maintaining the Property, the Employer,

or its successors, shall pay in cash the

difference to the Plan within 45 days of

the sale;

(K) No commissions, expenses, or

costs shall be incurred by the Plan from

the Sale or the Lease; and

(L) At all times during the Sale and

Lease, the fair market value of the

Property represents less than 25 percent

of the total assets of the Plan.

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 June

4, 1997, at 62 FR 30616.

FOR FURTHER INFORMATION CONTACT: Mr.

C. E. Beaver of the Department,

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

a toll-free number.)

Gart Brothers Sporting Goods Company

401(k) Plan (the Plan) Located in Denver,

Colorado [Prohibited Transaction Exemption

97–39; Exemption Application No. D–10403]

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) by the Plan of a 5 percent

interest (the Interest) in the Hampden

Enterprises Limited Partnership (the

Partnership) to the Gart Bros. Sporting

Goods Company, the sponsor of the Plan

(the Employer) and a party in interest

with respect to the Plan; provided (1)

the terms and conditions of the

transaction are at least as favorable to

the Plan as those obtainable from

unrelated parties, (2) the Sale is a onetime transaction for cash, (3) the Plan

pays no commissions nor incurs any

other expenses in connection with the

transaction, (4) the Plan receives as

consideration from the Sale the greater

of either (a) the total funds expended by

the Plan in acquiring and holding the

Interest, less any return of capital

realized from its investment in the

Interest, or (b) the fair market value of

the Interest as determined on the date of

the Sale by an independent appraiser,

and (5) if the Employer ever receives

more from the Interest than it pays the

Plan when acquiring the Interest, the

Employer will pay the Plan the excess.

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 June

4, 1997, at 62 FR 30618.

FOR FURTHER INFORMATION CONTACT: Mr.

C. E. Beaver of the Department,

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

a toll-free number.)

BP America Inc. Retirement Trust, Located in

Cleveland, Ohio; IBM Retirement Plan Trust,

Located in Armonk, New York; United States

Steel Corporation Plan, Located in

Pittsburgh, Pennsylvania; and Retirement

Plan of Marathon Oil Company, Located in

Findlay, Ohio; (collectively, the Plans)

[Prohibited Transaction Exemption No. 97–

40; Exemption Application Nos. D–10441

through D–10444]

Exemption

The restrictions of section 406(a) 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 (D) of the Code, shall not apply

to (1) the granting to The Industrial

Bank of Japan, Limited, New York

Branch (IBJ), as the representative of

lenders (the Lenders) participating in a

credit facility (the Facility), of security

interests in limited partnership interests

in The Westbrook Real Estate Fund II,

L.P. (the Partnership) owned by the

Plans with respect to which some of the

Lenders are parties in interest; and (2)

the agreements by the Plans to honor

capital calls made by IBJ in lieu of the

Partnership’s general partner; provided

that (a) the grants and agreements are on

terms no less favorable to the Plans than

those which the Plans could obtain in

arm’s-length transactions with unrelated

parties; (b) the decisions on behalf of

each Plan to invest in the Partnership

and to execute such grants and

agreements in favor of IBJ are made by

a fiduciary which is not included

among, and is independent of, the

Lenders and IBJ; and (c) with respect to

plans that may invest in the Partnership

in the future, such plans will have

assets of not less than $100 million and

not more than 5% of the assets of such

plans will be invested in the

Partnership.

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 June

4, 1997 at 62 FR 30621.

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 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 25th day of

July, 1997.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

U.S. Department of Labor.

[FR Doc. 97–20242 Filed 7–30–97; 8:45 am]

BILLING CODE 4510–29–P

NATIONAL SCIENCE FOUNDATION

Agency Information Collection

Activities: Proposed Modification OMB

No. 3145–0101; Comment Request;

Title of Collection: 1998 Survey of

Scientific and Engineering Research

Facilities at Colleges and Universities

AGENCY: National Science Foundation.

ACTION: Notice.

SUMMARY: Under the Paperwork

Reduction Act of 1995, Pub. L. 104–13

(44 U.S.C. 3501 et seq.), and as part of

its continuing effort to reduce

paperwork and respondent burden, the

National Science Foundation (NSF) is

inviting the general public and other

Federal agencies to comment on this

proposed information collection. This

notice describes a modification to the

currently cleared collection, NSF

Survey of Scientific and Engineering

Research Facilities at Colleges and

Universities, OMB No. 3145–0101.
41094 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Notices

FOR FURTHER INFORMATION CONTACT:

Call or write Gail A. McHenry for a copy

of the collection instrument and

instructions at NSF Reports Clearance

Officer, National Science Foundation,

4201 Wilson Blvd. Suite 245, Arlington,

VA. 22230; call (703) 306–1125 x2010;

or send email to gmchenry@nsf.gov.

Please include OMB No. 3145–0101

with your communication.

SUPPLEMENTARY INFORMATION:

1. Abstract. This survey collects

information on the science and

engineering (S&E) research facilities at

the nation’s higher education

institution. These modifications to the

approved 1998 questionnaire will make

the data more useful to Federal agencies

and policymakers. The OMB, Health

Division, intends to use the aggregate

data to establish benchmark guidelines

for cost of construction and renovation.

Indirect cost rate negotiators will also

use these benchmarks for colleges and

universities.

2. Proposed Modifications to the

OMB-Approved 1998 Survey.

• Sample size. We are requesting that

the 1998 survey sample be increased

from 315 to 365. (This change is

requested by NIH, NSF, and OMB.)

Expanding the sample size with 50

additional institutions will allow for

data to be reported by Carnegie

classification, by minority serving

institutions and institutions within the

EPSCoR States, and to ensure that

appropriate representation is made for

each state.

• Additional Information

• Currently data are collected for the

total net assignable square feet (NASF)

of animal laboratories. NIH has

requested that the survey collect the

percent of total animal research NASF

assigned to levels of restricted use

laboratories. The information is readily

available to the institutions and

reporting it would be of minimal

burden. This request would also serve

the need of OMB to identify some of the

driving forces behind high cost of some

research facilities.

• For more usable data, OMB is

requesting that data also be reported by

gross square feet (GSF) of space in

science and engineering disciplines.

Institutions already have that data to

calculate the NASF of that project

• Clarifying Relationship of Data

• OMB has requested that in addition

to collecting the total repair/renovation

or new construction costs (including

non-fixed equipment over $1 million),

that we also collect the proportion of

repair/renovation or new construction

project costs assignable to non-fixed

equipment costing over $1 million.

These data are readily available to the

institutions and reporting these data

should add very little burden.

• OMB has requested that in addition

to collecting the proportion of

construction and repair/renovation cost

attributable to institutional funds, that

we collect the percent of institutional

funds made up by indirect costs

recovered from federal grants and/or

contracts. The question will be posed in

two parts: (1) Asking if the institution

has ready access to these data; and (2)

if data are available, asking the

institution to supply that data. This way

of posing the question assures minimal

burden to the respondent.

• Discontinuing the collection of the

status of institutions relative to the cap

on tax-exempt bonds. This modification

was requested by NIH as well as NSF.

3. Use of Information. The purpose of

this study is to collect data about status

of academic S&E research facilities. The

information from this survey will be

used by Federal policy makers,

planners, and budget analysts in making

policy decisions, as well as by academic

officials, the S&E establishment, and

State agencies that fund universities and

colleges.

The NSF will publish a separate

report of the findings for Congress; it

will also prepare a special report for

NIH on the Status of Biomedical

Research Facilities and it will also

include them in other NSF compilations

such as National Patterns of R&D

Resources and Science and Engineering

Indicators. Special reports will be

prepared for other Federal agencies on

an as-needed basis. A public release file

of collected data in aggregate form will

be made available to researchers on the

World Wide Web. The results of the

survey will help policy makers in

decision about the health of academic

S&E research, funding, regulations, and

reporting guidelines.

4. Expected Respondents. Not-forProfit institutions, specifically, research

organizations/hospitals and academic

institutions.

5. Burden on the Public. Much of the

proposed modification includes data

that are readily available to the

respondents; we expect that changes to

the questionnaire will cause little or no

change in burden hours. A substantial

reduction in response burden over 1996

is expected with the improvements in

the computer-aided survey: 60% of the

institutions are expected to respond

through this method in 1998, compared

to 40% in 1986.

The Foundation estimates a total

annual burden of 8,760 hours. The

calculation is 365 institutions×total

annual reporting and recordkeeping

burden of 24 hours per respondent.

Comments Requested

Date: NSF should received written

comments on or before September 29,

1997.

Address: Submit written comments to

Mrs. McHenry through surface mail

(NSF Reports Clearance Officer,

National Science Foundation, 4201

Wilson Blvd. Suite 245, Arlington, VA

22230); email (gmchenry@nsf.gov); or

fax (703–306–0201). Please include

OMB No. 3145–0101 with your

communication.

Special Areas for Review: NSF

especially requests comments on:

(a) Whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Agency, including whether the

information shall have practical utility;

(b) The accuracy of the Agency’s

estimate of the burden of the proposed

collection of information;

(c) Ways to enhance the quality,

utility, and clarity of the information to

be collected; and

(d) Ways to minimize the burden of

the collection of information on those

who are to respond, including through

the use of appropriate automated,

electronic, mechanical, or other

technological collection techniques, e.g.,

permitting electronic submission of

responses.

Dated: July 25, 1997.

Gail A. McHenry,

NSF Reports Clearance Officer.

[FR Doc. 97–20099 Filed 7–30–97; 8:45 am]

BILLING CODE 7555–01–M

NATIONAL SCIENCE FOUNDATION

Environmental Molecular Science

Institutes (EMSI): Special Research

Opportunity (NSF 97–135); Program

Announcement

The National Science Foundation

(NSF) Directorate for Mathematical and

Physical Sciences and U.S. Department

of Energy (DOE) Office of Energy

Research (ER) announce a one-time

opportunity for support of

Environmental Molecular Science

Institutes (EMSI) aimed at increasing

fundamental understanding of natural

and industrial processes and their

interaction at the molecular level. NSF

and DOE encourage cohesive,

interdisciplinary, university-industry

group efforts in basic research on

fundamental issues that underpin the

amelioration of environmental problems

caused by societal activities such as