56206 Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Notices

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, D.C., this 23rd day

of October, 1997.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

U.S. Department of Labor.

[FR Doc. 97–28593 Filed 10–28–97; 8:45 am]

BILLING CODE 4510–29–P

FEDERAL MINE SAFETY AND HEALTH

REVIEW COMMISSION

Sunshine Act Meeting

October 23, 1997.

TIME AND DATE: 10:00 a.m., Thursday,

October 30, 1997.

PLACE: Room 6005, 6th Floor, 1730 K

Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED: The

Commission will hear oral argument on

the following:

1. Secretary of Labor v. Berwind

Natural Resources Corp., et al., Docket

Nos. KENT 94–574, etc. (Issues include

whether the judge correctly determined

that to qualify as an ‘‘operator’’ under

the Mine Act an entity must directly or

indirectly substantially participate in

the operation, control, or supervision of

the day-to-day operations of the mine,

or have authority to do so; correctly

rejected the Secretary’s claim that the

cited parent and its cited subsidiaries

constituted a ‘‘unitary operator’’ under

the Mine Act; and correctly determined

that one of those subsidiaries was an

‘‘operator,’’ while the parent and two

other subsidiaries were not).

TIME AND DATE: 2:00 p.m., Thursday,

October 30, 1997.

PLACE: Room 6005, 6th Floor, 1730 K

Street, N.W., Washington, D.C.

STATUS: Closed [Pursuant to 5 U.S.C.

552b(c)(10)].

MATTERS TO BE CONSIDERED: It was

determined by a unanimous vote of a

quorum of the Commission that the

Commission consider and act upon the

following in closed session:

1. Secretary of Labor v. Berwind

Natural Resources Corp., et al., Docket

Nos. KENT 94–574–R, etc. (See oral

argument listing, supra, for issues).

TIME AND DATE: 10:00 a.m., Thursday,

November 6, 1997.

PLACE: Room 6005, 6th Floor, 1730 K

Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED: The

Commission shall consider and act

upon the following:

1. Secretary of Labor v. Gouverneur

Talc Co., Docket No. YORK 95–70–M

(Issues include whether the judge erred

in determining that the operator did not

violate 30 C.F.R. § 57.4362, which

requires that, following evacuation of a

mine in a fire emergency, only persons

wearing and trained in the use of mine

rescue apparatus shall participate in

rescue and firefighting operations in

advance of the fresh air base).

TIME AND DATE: 10:00 a.m., Thursday,

November 13, 1997.

PLACE: Room 6005, 6th Floor, 1730 K

Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED: The

Commission will hear oral argument on

the following:

1. Secretary of Labor v. Extra Energy,

Inc., Docket No. WEVA 96–13 (Issues

include whether the judge erred in

finding that the Secretary properly cited

the operator for its independent

contractor’s violation of 30 C.F.R.

§ 77.404(a)’s requirement that mobile

equipment and machinery be

maintained in safe operating condition

and properly found that the operator

violated 50 C.F.R. § 50.10’s requirement

that the Mine Safety and Health

Administration be notified of accidents).

TIME AND DATE: 2:00 p.m., Thursday,

November 13, 1997.

PLACE: Room 6005, 6th Floor, 1730 K

Street, N.W., Washington, D.C.

STATUS: Closed [Pursuant to 5 U.S.C.

§ 552b(c)(10)].

MATTERS TO BE CONSIDERED: It was

determined by a unanimous vote of a

quorum of the Commission that the

Commission consider and act upon the

following in closed session:

1. Secretary of Labor v. Extra Energy,

Inc., Docket No. WEVA 96–13 (See oral

argument listing, supra, for issues).

TIME AND DATE: 10:00 a.m., Thursday,

November 20, 1997.

PLACE: Room 6005, 6th Floor, 1730 K

Street, N.W., Washington, D.C.

STATUS: Open.

MATTERS TO BE CONSIDERED: The

Commission shall consider and act

upon the following:

1. Secretary of Labor v. REB

Enterprises, Inc. Docket No. CENT 95–

29–M, etc. (Issues include whether the

judge erred in concluding that the

operator’s violations of 30 C.F.R.

57.14107(a), 57.14130(g), and

57.14131(a) were not the result of

unwarrantable failure based on his

refusal to assign any probative weight to

hearsay testimony adduced by the

Secretary; erred in concluding that two

individuals were not personally liable

for violations of 30 C.F.R. 57.14130(g);

erred in concluding that a violation of

30 C.F.R. 14130(a)(3) was not

established because it was not

demonstrated that a backhoe

unequipped with a seat belt was a

‘‘wheel loader’’ or ‘‘wheel tractor’’

within the meaning of that standard;

and erred in dismissing an order on the

basis that it alleged a violation of the

wrong standard, even though it was

amended prior to hearing to allege a

violation of the correct standard).

Any person attending oral argument

or an open meeting who requires special

accessibility features and/or auxiliary

aids, such as sign language interpreters,

must inform the Commission in advance

of those needs. Subject to 29 C.F.R.

§ 2706.150(a)(3) and § 2706.160(d).

CONTACT PERSON FOR MORE INFO: Jean

Ellen (202) 653–5629 / (202) 708–9300

for TDD Relay / 1–800–877–8339 for toll

free.

Jean H. Ellen,

Chief Docket Clerk.

[FR Doc. 97–28711 Filed 10–24–97; 4:03 pm]

BILLING CODE 6735–01–M

NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Chemistry;

Notice of Meeting

In accordance with the Federal

Advisory Committee Act (Pub. L. 92–

463, as amended), the National Science

Foundation announces that the Special

Emphasis Panel in Chemistry (1191)

will be holding panel meetings for the

purpose of reviewing proposals

submitted to the Faculty Early Career

Development (CAREER) Program. In

order to review the large volume of

proposals, panel meetings will be held

on November 13–14, November 17–18,

November 20–21, and December 8–9.

All meetings will be closed to the public

and will be held at the National Science

Foundation, 4201 Wilson Blvd.,

Arlington, VA from 8:30 AM to 5:00 PM

each day.

Contact Person: Dr. Margaret A.

Cavanaugh, Program Director, Inorganic,

Bioinorganic and Organometallic program,

Chemistry Division, Room 1055, National

Science Foundation, 4201 Wilson Boulevard,

Arlington, VA 22230, Telephone: (703) 306–

1842.
Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Notices 56207

Reason for Closing: The proposals being

reviewed include information of a

proprietary or confidential nature, including

technical information, financial data such as

salaries, and personal information

concerning individuals associated with the

proposals. These matters are exempt under 5

U.S.C. 552b(c) (4) and (6) of the Government

in the Sunshine Act.

Dated: October 23, 1997.

M. Rebecca Winkler,

Committee Management Officer.

[FR Doc. 97–28546 Filed 10–28–97; 8:45 am]

BILLING CODE 7555–01–M

NATIONAL SCIENCE FOUNDATION

Advisory Committee for Engineering:

Notice of Meeting

In accordance with the Federal

Advisory Committee Act (Pub. L. 92–

463, as amended), the National Science

Foundation announces the following

meeting.

Name: Advisory Committee for

Engineering (#1170).

Date and Time: November 4, 1997/8:30

am–5:00 p.m., November 5, 1997/8:30 am–

12:30 p.m.

Place: November 4 and 5, Room 1235,

(National Science Board Meeting Room),

National Science Foundation, 4201 Wilson

Boulevard, Arlington, VA.

Type of Meeting: Open.

Contact Person: Dr. Joseph E. Hennessey,

Acting Deputy Assistant Director for

Engineering, National Science Foundation,

Suite 505, 4201 Wilson Boulevard, Arlington,

VA 22230, Telephone: (703) 306–1301.

Minutes: May be obtained from the contact

person listed above.

Purpose of Meeting: To provide advice,

recommendations and counsel on major goals

and policies pertaining to Engineering

programs and activities.

Agenda: Discussion on issues,

opportunities and future directions for the

Engineering Directorate; discussion of

Engineering Directorate budget situation as

well as other items. Reason for Late Notice:

Difficulty in arranging an acceptable meeting

date for the members.

Dated: October 23, 1997.

M. Rebecca Winkler,

Committee Management Officer.

[FR Doc. 97–28545 Filed 10–28–97; 8:45 am]

BILLING CODE 7555–01–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. IA 97–070, ASLBP No. 98–734–

01–EA]

Atomic Safety and Licensing Board; In

the Matter of Magdy Elamir, M.D.,

Newark, New Jersey; Order

Superseding Order Prohibiting

Involvement in NRC-Licensed

Activities (Effective Immediately);

Notice of Hearing

Before Administrative Judges: Charles

Bechhoefer, Chairman, Dr. Jerry R. Kline, Dr.

Peter S. Lam.

October 23, 1997.

Notice is hereby given that, by

Memorandum and Order (Request for

Hearing and Stay of Proceeding), dated

October 23, 1997, the Atomic Safety and

Licensing Board has granted the request

of Magdy Elamir, M.D., Newark, New

Jersey, for a hearing in the above-titled

proceeding. The hearing concerns the

Order Superseding Order Prohibiting

Involvement in NRC-Licensed Activities

(Effective Immediately) (hereinafter,

Superseding Order), issued by the NRC

Staff on September 15, 1997 (published

at 62 FR 49536 (September 22, 1997).

The parties to the proceeding are Dr.

Elamir and the NRC Staff. The issue to

be considered at the hearing is whether

the Superseding Order should be

sustained.

Materials concerning this proceeding

are on file at the Commission’s Public

Document Room, 2120 L St. N.W.,

Washington, D.C. 20555, and at the

Commission’s Region I office, 475

Allendale Road, King of Prussia,

Pennsylvania 19406–1415.

During the course of this proceeding,

the Licensing Board, as necessary, will

conduct one or more prehearing

conferences and evidentiary hearing

sessions. The time and place of these

sessions will be announced in Licensing

Board Orders. Members of the public are

invited to attend any such sessions.

For the Atomic Safety and Licensing

Board.

Rockville, Maryland, October 23, 1997.

Charles Bechhoefer,

Chairman, Administrative Judge.

[FR Doc. 97–28621 Filed 10–28–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–302]

Florida Power Corporation;

Environmental Assessment and

Finding of No Significant Impact

The U.S. Nuclear Regulatory

Commission (the Commission or NRC)

is considering issuance of an exemption

from certain requirements of its

regulations to Florida Power

Corporation (the licensee), holder of

Facility Operating License No. DPR–72

for operation of the Crystal River Unit

3 Nuclear Generating Plant (CR3)

located in Citrus County, Florida.

Environmental Assessment

Identification of Proposed Action

The proposed action is in accordance

with the licensee’s application dated

June 21, 1996 as supplemented

November 22, 1996, for exemption from

certain requirements of Section III,

Paragraph G, ‘‘Fire protection of safe

shutdown capability,’’ of Appendix R,

‘‘Fire Protection Program for Nuclear

Power Facilities Operating Prior to

January 1, 1979,’’ to Title 10 of the Code

of Federal Regulations part 50 (10 CFR

part 50). Specifically, the licensee

requests an exemption from the

requirements of Section III.G.2.c of

Appendix R, to allow the use of the

existing fire barrier material, ThermoLag, with less than 1-hour fire rating, for

protecting one train of certain

redundant safe shutdown cables located

in the auxiliary building elevations 95

and 119, and intermediate building

elevation 119.

This environmental assessment does

not address the licensee’s request

relating to the requirements for battery

powered lighting in areas for the

operation of safe shutdown equipment.

The Need for the Proposed Action

10 CFR part 50, Appendix A,

‘‘General Design Criteria for Nuclear

Power Plants,’’ Criterion 3 ‘‘Fire

Protection,’’ specifies that ‘‘Structures,

systems, and components important to

safety shall be designed and located to

minimize, consistent with other safety

requirements, the probability and effect

of fires and explosions.’’ 10 CFR part 50,

Appendix R, sets forth the fire

protection features required to satisfy

the General Design Criterion 3 of the

Commission’s regulations. Pursuant to

10 CFR part 50, Appendix R, Section III,

Paragraph G, design features shall be

established that are capable of limiting

fire damage so that one train of systems

necessary to achieve and maintain hot

shutdown conditions is free of fire

damage. Specifically, 10 CFR part 50,

Appendix R, Paragraph III. G.2.c, in

part, requires (if Paragraphs III.G.2.a or

b are not applicable) enclosure of cable

and equipment and associated nonsafety circuits of one redundant train in

a fire barrier having a 1-hour rating; in

addition, fire detectors and an automatic