Federal Register / Vol. 62, No. 181 / Thursday, September 18, 1997 / Notices 49045

investors and the purposes fairly

intended by the policies of the Act.

3. Section 17(b) permits the

Commission to grant an order

permitting a transaction otherwise

prohibited by section 17(a) if it finds

that the terms of the proposed

transaction are fair and reasonable and

do not involve overreaching on the part

of any person concerned. Section 17(b)

could be interpreted to exempt only a

single transaction. However, the

Commission, under section 6(c) of the

Act, may exempt a series of transactions

that otherwise would be prohibited by

section 17(a).

4. Applicants state that the terms of

the proposed transactions are fair

because the consideration paid and

received for the sale and redemption of

shares of the Money Market Funds will

be based on the net asset value per share

of the Money Market Funds. In addition,

the purchase of shares of the Money

Funds by the Investing Funds will be

effected in accordance with each

Investing Fund’s investment restrictions

and policies as set forth in its

registration statement. For these

reasons, applicants believe that the

terms of the transactions meet the

standards of sections 6(c) and 17(b).

C. Section 17(d) and Rule 17d–1

1. Section 17(d) and rule 17d–1

prohibit affiliated persons from

participating in joint arrangements with

a registered investment company unless

authorized by the Commission. In

passing on applications for such orders,

rule 17d–1 provides that the

Commission will consider whether the

participation of the investment

company on the basis proposed is

consistent with the provisions, policies,

and purposes of the Act, and the extent

to which the participation is on a basis

different from or less advantageous than

that of the other participants.

Applicants state that the Investing

Funds, the Investment Advisers, and the

Money Market Funds participating in

the proposed transactions could be

deemed to be participants in a joint

enterprise or other joint arrangement.

2. Applicants state that the

investment by the Investing Funds in

shares of the Money Market Funds

would be on the same basis as an

investment by any other person.

Applicants also state that the proposed

transactions would be beneficial to each

of the participants and that there is no

basis on which to believe that any

participants would benefit to a greater

extent than any other. In addition,

applicants state that the Investment

Advisers will not receive any increased

investment advisory fee under the

proposed transactions, although the

Investment Advisers may enjoy certain

reduced clerical costs. Further,

applicants state that the proposed

transactions should provide increased

returns and reduced costs for the

Investing Funds and their shareholders.

Applicants believe that the relative

advantages or disadvantages to the

Money Market Funds from the proposed

transactions will vary over time and are

not expected to be material.

Accordingly, applicants believe that the

proposed transactions meet the

standards for relief under section 17(d)

and rule 17d–1.

Applicants’ Conditions

Applicants agree that any order of the

SEC granting the requested relief will be

subject to the following conditions:

1. Shares of the Money Market Funds

sold to and redeemed from the Investing

Funds will not be subject to a sales load,

redemption fee, distribution fee under a

plan adopted in accordance with rule

12b–1 under the Act, or service fee (as

defined in rule 2803(b)(9) of the

National Association of Securities

Dealers’ Conduct Rules).

2. FRIMCo will waive its advisory fees

for each Investing Fund in an amount

that offsets the amount of the advisory

fees of a Money Market Fund incurred

by the Investing Fund.

3. Each Investing Fund will invest

Uninvested Cash in, and hold shares of,

the Money Market Funds only to the

extent that the Investing Fund’s

aggregate investment in such Money

Market Funds does not exceed 25% of

the Investing Fund’s total net assets. For

purposes of this limitation, each

Investing Fund or series thereof will be

treated as a separate investment

company.

4. Investment in shares of the Money

Market Funds will be in accordance

with each Investing Fund’s respective

investment restrictions, if any, and will

be consistent with each Investing

Fund’s policies as set forth in its

prospectuses and statements of

additional information.

5. Each Investing Fund, each Money

Market Fund, and any future fund that

may rely on the order shall be advised

by the Investment Advisers, or a person

controlling, controlled by, or under

common control with the Investment

Advisers.

6. No Money Market Fund shall

acquire securities of any other

investment company in excess of the

limits contained in section 12(d)(1)(A)

of the Act.

For the Commission, by the Division of

Investment Management, pursuant to

delegated authority.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–24759 Filed 9–17–97; 8:45 am]

BILLING CODE 8010–01–M

SOCIAL SECURITY ADMINISTRATION

Information Collection Activities:

Proposed Collection Requests and

Comment Requests

This notice lists information

collection packages that will require

submission to the Office of Management

and Budget (OMB), as well as

information collection packages

submitted to OMB for clearance, in

compliance with Public Law 104–13

effective October 1, 1995, The

Paperwork Reduction Act of 1995.

I. The information collection(s) listed

below require(s) extension(s) of the

current OMB approval(s) or are

proposed new collection(s):

1. Blood Donor Locator Service—0960–

0501

Regulation 20 CFR 401.200 requires

that requesting State agencies provide to

the Social Security Administration

(SSA) Blood Donor Location Service

(BDLS) specific information on blood

donors who have tested positive for

Human Immunodeficiency Virus (HIV).

The information is used to identify the

donor, locate the donor’s address in

SSA records and assure that States meet

regulatory requirements to qualify for

using the BDLS. SSA will retain no

record of the request or the information

after processing has been completed.

The respondents are requesting State

agencies acting on behalf of authorized

blood facilities.

Number of Respondents: 10.

Frequency of Response: 5.

Average Burden Per Response: 15

minutes.

Estimated Average Burden: 13 hours.

2. Child Relationship Statement—0960–

0116

The information collected on Form

SSA–2519 is used to help determine

children’s entitlement to Social Security

benefits under Section 216(h)(3) of the

Social Security Act (deemed child

provision). The respondents are persons

providing information about the

relationship between the worker and

his/her alleged biological child, in

connection with a child’s application

for benefits.

Number of Respondents: 50,000.

Frequency of Response: 1.
49046 Federal Register / Vol. 62, No. 181 / Thursday, September 18, 1997 / Notices

Average Burden Per Response: 15

minutes.

Estimated Average Burden: 12,500

hours.

Written comments and

recommendations regarding the

information collection(s) should be sent

within 60 days from the date of this

publication, directly to the SSA Reports

Clearance Officer at the following

address: Social Security Administration,

DCFAM, Attn: Nicholas E. Tagliareni,

6401 Security Blvd., 1–A–21 Operations

Bldg., Baltimore, MD 21235.

In addition to your comments on the

accuracy of the agency’s burden

estimate, we are soliciting comments on

the need for the information; its

practical utility; ways to enhance its

quality, utility and clarity; and on ways

to minimize burden on respondents,

including the use of automated

collection techniques or other forms of

information technology.

II. The information collection(s) listed

below have been submitted to OMB:

Waiver of Benefit Payment—0960–0533

Form SSA–149 is required to

document the fact that benefits due are

not being paid, because the beneficiary,

(for personal reasons) has requested

nonreceipt. Personal reasons can range

from religious, patriotic, or political

beliefs to situations where continued

receipt of payment causes some adverse

effect. The respondents are beneficiaries

who wish to waive entitlement to

benefit payments.

Number of Respondents: 100.

Frequency of Response: 1.

Average Burden Per Response: 2

minutes.

Estimated Annual Burden: 3 hours.

Written comments and

recommendations regarding the

information collection(s) should be

directed within 30 days to the OMB

Desk Officer and SSA Reports Clearance

Officer at the following addresses:

(OMB)

Office of Management and Budget,

OIRA, Attn: Laura Oliven, New

Executive Office Building, Room

10230, 725 17th St., NW.,

Washington, D.C. 20503

(SSA)

Social Security Administration,

DCFAM, Attn: Nicholas E. Tagliareni,

1–A–21 Operations Bldg., 6401

Security Blvd., Baltimore, MD 21235

To receive a copy of any of the forms

or clearance packages, call the SSA

Reports Clearance Officer on (410) 965–

4125 or write to him at the address

listed above.

Date: September 11, 1997.

Nicholas E. Tagliareni,

Reports Clearance Officer, Social Security

Administration.

[FR Doc. 97–24775 Filed 9–17–97; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Safety Advisory

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Notice of safety advisory.

SUMMARY: FRA is issuing Safety

Advisory 97–2 addressing safety

practices to reduce the risk of casualties

from runaway locomotives, cars, and

trains caused by a failure to properly

secure unattended rolling equipment

left on sidings or other tracks.

FOR FURTHER INFORMATION CONTACT:

Dennis Yachechak, Operating Practices

Specialist, Office of Safety Assurance

and Compliance, FRA, 400 Seventh

Street, S.W., RRS–11, Mail Stop 25,

Washington, D.C. 20590 (telephone

202–632–3370), or Nancy L. Goldman,

Trial Attorney, FRA, Office of Chief

Counsel, FRA, 400 Seventh Street, S.W.,

RCC–12, Mail Stop 10, Washington, D.C.

20590 (telephone 202–632–3167).

SUPPLEMENTARY INFORMATION: A fatal

head-on collision between a Union

Pacific Railroad Company (UP) freight

train and an unattended, runaway UP

locomotive consist near Fort Worth,

Texas, on August 20, 1997, has caused

FRA to focus on the effectiveness of

certain railroad procedures for

protection of people and property from

hazards caused by failure to properly

secure locomotives, cars, and other

rolling equipment left unattended on

sidings or other tracks.

FRA and the National Transportation

Safety Board (NTSB) are investigating

the accident. In addition, FRA

inspection teams are on UP’s property to

conduct safety assurance reviews on all

aspects of the issue. The facts and

findings developed in the investigations

will be published when the individual

investigations are complete.

In the meantime, FRA’s preliminary

findings indicate that the UP crew

applied the hand brake on the lead

locomotive of the locomotive consist

and then applied the independent air

brake. The crew then released the

independent brake to verify that the

hand brake would hold, which it

appeared to do. The crew then reapplied

the independent brake. Three of the four

locomotives in the locomotive consist

were already shut down. The remaining

locomotive was then shut down and the

crew left the locomotive consist

unattended. Sometime later, however, it

is believed that the air brakes eventually

leaked off and that the single hand brake

did not, by itself, sufficiently secure the

locomotive consist, enabling it to roll

out of the siding eastward and onto the

main track where it collided head-on

with a UP freight train.

Securement Procedures

The Federal power brake regulations

at 49 CFR 232.13(f) require that, ‘‘The

automatic air brake must not be

depended upon to hold a locomotive,

cars or train, when standing on a grade,

whether locomotive is attached or

detached from cars or train. When

required, a sufficient number of hand

brakes must be applied to hold train,

before air brakes are released. When

ready to start, hand brakes must not be

released until it is known that the air

brake system is properly charged.’’

Based upon FRA’s review of the Fort

Worth incident, and its awareness of

other incidents involving improper

securement of rolling equipment, it

appears evident that further guidance

regarding securement procedures may

be of assistance to our nation’s railroads.

This advisory may be especially

beneficial to those railroads that may

not be aware of current practices in the

industry regarding securement of rolling

equipment. Accordingly, FRA believes

that the following recommended

procedures for the proper securement of

unattended rolling equipment can be

taken to reduce the likelihood of future

accidents, which each railroad can then

adapt to meet its own individual

circumstances.

Recommended Action

FRA believes that the likelihood of

further accidents, such as the one that

occurred on the UP on August 20, 1997,

would be greatly reduced by the

inclusion of certain additional measures

into railroads’ procedures for

securement of unattended locomotives,

cars, and trains left on sidings or other

tracks. Therefore, FRA recommends that

each railroad adopt and implement its

own procedures incorporating the

following actions, or equally effective

measures, with respect to a locomotive,

car, or train that is left unattended:

1. Consistent with the railroad’s rules

and procedures, place each locomotive,

car, or train on a track that is protected

by a permanent derail or apply a

portable derail, if available.

2. On cars: (a) Apply the appropriate

number of handbrakes; to assist