Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Notices 51697

criteria of section 408(a) of the Act

because: (a) Plan participants will be

able to invest in ‘‘equity’’ interests of the

Crown REIT (i.e. the Shares), which will

allow them to share in the growth of

their employer’s business; (b) no Plan

participant will be able to invest more

than 25 percent of his or her Account

in the Shares, so that an Account’s

assets will not be unduly concentrated

in Shares; (c) compliance with the terms

and conditions of the proposed

exemption, including the 25 percent

limitation, will be monitored by an

independent Plan fiduciary (i.e. PNC);

(d) the Shares will be acquired and sold

for cash by the Accounts; (e) the

acquisition and disposition of the

Shares will occur on the NYSE, except

to the extent that such transactions can

be ‘‘netted’’ between the Accounts to

avoid brokerage commissions and other

transaction costs; (f) all transactions

involving the Shares will be either (i)

executed on the open market at the

then-current NYSE prices, or (ii)

‘‘netted’’ between the Accounts using

the NYSE closing price for the Shares on

the date of the transaction, as

determined by PNC, as the Plan’s

independent fiduciary; (g) Plan

participants will decide whether or not

to invest their Account balances in the

Shares, and how much of their Account

balances to invest in or transfer from

such Shares (subject to the 25 percent

limit required herein), and will receive

quarterly financial statements and

annual reports of the issuer just as any

other shareholder; and (h) PNC, as the

Plan’s independent fiduciary, has

determined that it would be appropriate

for Crown to add the Shares as an

investment option for the Plan’s

participants to complement other

investment options as part of an overall,

well-diversified portfolio, but is not

providing any recommendations or

investment advice to Plan participants

in connection with their proposed

investments in the Shares.

FOR FURTHER INFORMATION CONTACT: Mr.

E.F. Williams of the Department,

telephone (202) 219–8194. (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 of

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 26th day of

September, 1997.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

U.S. Department of Labor.

[FR Doc. 97–26072 Filed 10–1–97; 8:45 am]

BILLING CODE 4510–29–U

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[Notice 97–142]

National Environmental Policy Act; X–

33 Program: Vehicle Design and Flight

Demonstration

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Notice of availability of the final

environmental impact statement (FEIS)

for the X–33 Advanced Technology

Demonstrator Vehicle program.

SUMMARY: Pursuant to the National

Environmental Policy Act of 1969

(NEPA), as amended (42 U.S.C. 4321 et

seq.), the Council on Environmental

Quality Regulations for Implementing

the Procedural Provisions of NEPA (40

CFR Parts 1500–1508), and NASA

policy and procedures (14 CFR Part

1216 Subpart 1216.3), NASA has

prepared and issued an FEIS for

continuation of Phase II of the X–33

Program, which involves the

development and demonstration of the

X–33 test vehicle. The FEIS addresses

environmental issues associated with

the testing of the X–33 technology

demonstrator spaceplane, and

preparation of the flight operations

(launch) and landing sites. The purpose

of the proposed test program is to

demonstrate the feasibility of

technology which could result in

commercially viable Reusable Launch

Vehicles (RLVs).

The reasonable alternative launch

sites are located within Edwards Air

Force Base (AFB) near Lancaster,

California. Reasonable alternative

landing sites evaluated for segments of

the flight test activities are located at

Silurian Lake, near Baker, California;

China Lake Naval Air Weapon Station,

near Ridgecrest, California; Dugway

Proving Ground, near Tooele, Utah;

Grant County Airport, Moses Lake,

Washington; and Malmstrom AFB, Great

Falls, Montana. NASA’s preferred

launch site is the Haystack Butte site at

Edwards AFB. The preferred landing

sites are at Silurian Lake, Dugway

Proving Ground, and Malmstrom AFB.

NASA is the lead agency in the

preparation of the environmental impact

statement. The U.S. Department of

Defense; the U.S. Department of the

Interior, Bureau of Land Management;

and the U.S. Department of

Transportation, Federal Aviation

Administration are acting as cooperating

agencies.

DATE: NASA will take no final action on

the proposed Phase II of the X–33

Program before November 3, 1997 or 30

days from the date of publication in the

Federal Register of the U.S.

Environmental Protection Agency’s

notice of availability of the X–33 FEIS,

whichever is later.

ADDRESSES: The FEIS may be reviewed

at the following locations:

(a) NASA Headquarters, Library,

Room 1J20, 300 E Street SW,

Washington, DC 20546.

(b) NASA, Marshall Space Flight

Center, Library, Building 4200,

Huntsville, AL 35812.
51698 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Notices

(c) NASA, Dryden Flight Research

Center, Library, Building 4800, Room

2149, Edwards AFB, CA 93523.

(d) Jet Propulsion Laboratory, Visitors

Lobby, Building 249, 4800 Oak Grove

Drive, Pasadena, CA 91109 (818–354–

5179).

(e) NASA, Spaceport USA, Room

2001, John F. Kennedy Space Center, FL

32899. Please call Lisa Fowler

beforehand at 407–867–2468 so that

arrangements can be made.

(f) Kern County Library, Boron

Branch, 27070 Highway 5, Boron, CA

93516.

(g) Kern County Library, Ridgecrest

Branch, 131 East Las Flores Street,

Ridgecrest, CA 93555.

(h) Los Angeles County Library,

Lancaster Branch, 1150 West Avenue J,

Lancaster, CA 93524.

(i) Palmdale City Library, 700 East

Palmdale Boulevard, Palmdale, CA

93550.

(j) San Bernadino County Library,

Barstow Branch, 304 East Buena Vista,

Barstow, CA 92311.

(k) Great Falls Public Library, 301 2nd

Avenue North, Great Falls, MT 59401.

(l) Moses Lake Library, 418 East 5th

Street, Moses Lake, WA 98837.

(m) Dugway Proving Ground Library,

5124 Kisstler Avenue, Dugway, UT

84022.

(n) Tooele Library, 47 East Vine

Street, Tooele, UT 84074.

(o) Salt Lake City Library, 209 East

500 South, Business/Science

Department, Salt Lake City, UT 84111.

In addition, the FEIS may be

examined at the following NASA

locations by contacting the pertinent

Freedom of Information Act Office:

(p) NASA, Ames Research Center,

Moffett Field, CA 94035 (650–604–

4190).

(q) NASA, Goddard Space Flight

Center, Greenbelt, MD 20771 (301–286–

0730).

(r) NASA, Johnson Space Center,

Houston, TX 77058 (281–483–8612).

(s) NASA, Langley Research Center,

Hampton, VA 23665 (757–864–2497).

(t) NASA, Lewis Research Center,

21000 Brookpark Road, Cleveland, OH

44135 (216–433–2222).

(u) NASA, Stennis Space Center, MS

39529 (601–688–2164).

Limited copies of the FEIS are

available, on a first request basis, by

contacting Dr. Rebecca McCaleb at the

address, telephone number, or

electronic mail address provided below.

FOR FURTHER INFORMATION CONTACT:

Dr. Rebecca C. McCaleb, NASA,

Marshall Space Flight Center, AE01/

Building 4201, Marshall Space Flight

Center, AL 35812; telephone 205–544–

4367; electronic mail

(X33EIS@msfc.nasa.gov).

SUPPLEMENTARY INFORMATION: The X–33

test vehicle is planned as an

approximately one-half scale reusable

spaceplane. The vehicle would launch

vertically and land horizontally. The X–

33 vehicle would consist of a lifting

body airframe with two cryogenic liquid

propellant tanks (liquid hydrogen (LH2)

and liquid oxygen (LOX)) placed within

the aeroshell, and would use two linear

aerospike main engines. Water would be

the primary product of the LOX/LH2

combustion. The entire spaceplane

(with all fuel tanks and engines) would

launch and land as a single unit.

During the landing sequence, the

spaceplane would be unpowered. Flight

tests would involve speeds of up to

Mach 15 and altitudes up to

approximately 75,800 meters (250,000

feet). None of the X–33 test flights

would achieve Earth orbit. Ground

operations and servicing (e.g., checkout,

refueling, etc.) would be conducted with

‘‘aircraft like’’ procedures and systems.

After each test flight, the X–33 would be

ferried back to the flight operations site

by a Boeing 747 aircraft in a manner

similar to that used for the transport of

Space Shuttle orbiters. The test program

is currently baselined for a combined

total of 15 flights.

Reasonable alternatives considered for

this proposed action include:

• Flight operations (launch) sites:

(a) Edwards Air Force Base,

California, Space Port 2000 site, and

(b) Edwards Air Force Base,

California, Haystack Butte site;

• Short-range landing sites:

(a) Armitage Airfield, China Lake

Naval Air Weapons Station, California,

and

(b) Silurian Lake, a dry lake bed,

north of Baker, California;

• Mid-range landing sites:

(a) Michael Army Air Field, Dugway

Proving Ground, Utah;

• Long-range landing sites (may serve

as an alternative mid-range landing

site):

(a) Malmstrom Air Force Base, Great

Falls Montana, and,

(b) Grant County Airport, Moses Lake,

Washington; and,—‘‘No action.’’ The

‘‘no action’’ alternative (i.e., absence of

the X–33 Program) would mean that the

RLV Program, as planned could not

proceed.

NASA’s preferred launch site is the

Haystack Butte site at Edwards AFB.

The preferred landing sites are at

Silurian Lake (short-range), Dugway

Proving Ground (mid-range), and

Malmstrom AFB (long-range). Based on

the preferred set of landing sites, NASA

analyzed three potentially reasonable

flight test options:

(a) A baseline plan involving all three

landing sites,

(b) A plan involving only Silurian

Lake and Malmstrom AFB, and

(c) An option only involving Dugway

Proving Ground and Malmstron AFB.

Comments on the draft environmental

impact statement were solicited from

Federal, State and local agencies,

organizations, and the general public

through: (a) notices published in the

Federal Register—NASA notice on July

3, 1997 (62 FR 36081), and U.S.

Environmental Protection Agency notice

on July 3, 1997 (62 FR 36062; (b) notices

in newspapers of general circulation in

areas potentially subject to

environmental impacts and (c) a series

of public participation meetings.

Comments received have been

addressed in the FEIS.

Benita A. Cooper,

Associate Administrator for Management

Systems and Facilities.

[FR Doc. 97–26130 Filed 10–1–97; 8:45 am]

BILLING CODE 7510–01–M

NATIONAL COUNTERINTELLIGENCE

CENTER

Privacy Act of 1974; Establishment of

a New System of Records

AGENCY: National Counterintelligence

Center (NACIC).

ACTION: Establishment of Privacy Act

system of records including statement of

routine uses and detailed description of

system.

SUMMARY: On February 27, 1997, the

National Counterintelligence Center

(NACIC) published for public comment

a notice for the establishment of a new

Privacy Act system of records. It was

provided in that notice that the system

of records would become effective

without further notice 40 days after

publication unless modified by a

subsequent notice in order to

incorporate comments received from the

public.

Although no comments were received

from members of the public, reviews

internally and by representatives of the

Department of Justice approved the

‘‘routine uses’’ as published but

otherwise suggested several

clarifications to the descriptions set

forth in the sections entitled ‘‘Categories

of records in the system’’ and

‘‘Exemptions claimed for the system.’’

Inasmuch as the Privacy Act requires

only that the portion of the system

description which describes the

‘‘routine uses’’ of a system be published