Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Notices 58749

1PTE 93–40 provided exemptive relief from

section 406(b)(1) and (b)(2) of the Employee

Retirement Income Security Act of 1974 (the Act)

and the sanctions resulting from the application of

section 4975 of the Internal Revenue Code of 1986

(the Code), by reason of section 4975(c)(1)(E) of the

Code, with respect to the payment by employment

benefit plans of certain initial investment fees and

disposition fees to Old AEW. In addition, PTE 93–

40 provided exemptive relief from the restrictions

of section 406(a)(1)(A) through (D) 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, with respect

to the investment by the plans in a multiple client

commingled account managed by Old AEW.

2Effective December 10, 1996, old AEW was

renamed ‘‘AEW Capital Management, L.P.’’, which

is hereinafter referred to in this grant notice as

AEW.

Membership in the Consortium will

remain open and the Consortium will

file additional written notifications

disclosing all changes in membership.

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 97–28729 Filed 10–29–97; 8:45 am]

BILLING CODE 4410–11–M

DEPARTMENT OF JUSTICE

Antitrust Division

Notice Pursuant to the National

Cooperative Research and Production

Act of 1993; Rotorcraft Industry

Technology Association, Inc.

Notice is hereby given that, on August

12, 1997, pursuant to Section 6(a) of the

National Cooperative Research and

Production Act of 1993, 15 U.S.C. 4301

et seq. (‘‘the Act’’), the Rotorcraft

Industry Technology Association, Inc.

(‘‘RITA’’) filed notifications

simultaneously with the Attorney

General and the Federal Trade

Commission disclosing a change in its

membership. The notifications were

filed for the purpose of extending the

Act’s provisions limiting the recovery of

antitrust plaintiffs to actual damages

under specified circumstances.

Specifically, Smiths Industries

Aerospace and Defense Systems, Inc.,

Grand Rapids, MI has become a

Supporting Member of RITA.

No other changes have been made in

either the membership or planned

activity of the Joint Venture.

On September 28, 1995, RITA filed its

original notification pursuant to Section

6(a) of the Act. The Department of

Justice published a notice in the Federal

Register pursuant to Section 6(b) of the

Act on April 3, 1996 (61 FR 14817).

The last notification was filed on May

2,1997. A notice was published in the

Federal Register pursuant to Section

6(b) of the Act on September 30, 1997,

(62 FR 51146).

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 97–28726 Filed 10–29–97; 8:45 am]

BILLING CODE 4410–11–M

DEPARTMENT OF JUSTICE

Foreign Claims Settlement

Commission

Sunshine Act Meeting

[F.C.S.C. Meeting Notice No. 22–97]

The Foreign Claims Settlement

Commission, pursuant to its regulations

(45 CFR Part 504) and the Government

in the Sunshine Act (5 U.S.C. 552b),

hereby gives notice in regard to the

scheduling of meetings and oral

hearings for the transaction of

Commission business and other matters

specified, as follows:

Date and Time: Wednesday,

November 5, 1997, 9:30 a.m. to 5:00

p.m.

Subject Matter: (1) Oral Hearings and

Hearings on the Record on Objections to

Individual Proposed Decisions on

Claims of Holocaust Survivors Against

Germany; (2) Issuance of Individual

Amended Proposed Decisions and Final

Decisions on Claims of Holocaust

Survivors Against Germany

Status: Closed

All meetings are held at the Foreign

claims Settlement Commission, 600 E

Street, N.W., Washington, DC. Requests

for information, or advance notices of

intention to observe an open meeting,

may be directed to: Administrative

Officer, Foreign Claims Settlement

Commission, 600 E Street, NW., Room

6002, Washington, DC 20579.

Telephone: (202) 616–6988.

Dated at Washington, DC October 27, 1997.

Judith H. Lock,

Administrative Officer.

[FR Doc. 97–28851 Filed 10–28–97; 10:41

am]

BILLING CODE 4410–01–P

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Prohibited Transaction Exemption 97–59,

Exemption Application No. D–10393]

AEW Capital Management, L.P. (AEW)

Located in Boston, MA

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Grant of individual exemption

to replace Prohibited Transaction

Exemption (PTE) 93–40 involving

Aldrich, Eastman & Waltch, L.P. and

Aldrich, Eastman & Waltch, Inc.

(collectively, Old AEW).

SUMMARY: This document contains an

individual exemption which supersedes

PTE 93–40 (58 FR 34821, June 29,

1993).1 This exemption permits the

replacement of Old AEW with an entity

known as ‘‘AEW Capital Management,

L.P.’’ 2 The exemption provides

conditional relief that is identical to that

provided by PTE 93–40, and it will

affect participants and beneficiaries of,

and fiduciaries with respect to, plans

utilizing real estate investment

management services provided by AEW.

EFFECTIVE DATE: This exemption is

effective as of December 10, 1996.

FOR FURTHER INFORMATION CONTACT: Ms.

Karin Weng of the Department,

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

a toll-free number.)

SUPPLEMENTARY INFORMATION: On

September 5, 1997, the Department of

Labor (the Department) published a

notice of proposed exemption in the

Federal Register (62 FR 47056) that

would replace PTE 93–40. PTE 93–40

provided an exemption from certain

prohibited transaction restrictions of

section 406 of the Act and from the

sanctions resulting from the application

of section 4975 of the Code, by reason

of section 4975(c)(1) of the Code. The

proposed exemption was requested in

an application filed by AEW pursuant to

section 408(a) of the Act and section

4975(c)(2) of the Code and in

accordance with the procedures set

forth in 29 CFR Part 2570, Subpart B (55

FR 32836, August 10, 1990). Effective

December 31, 1978, section 102 of

Reorganization Plan No. 4 of 1978 (43

FR 47713, October 17, 1978) transferred

the authority of the Secretary of the

Treasury to issue exemptions of the type

requested to the Secretary of Labor.

Accordingly, this replacement

exemption is being issued solely by the

Department.

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 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 the Code, including any

prohibited transaction provisions to

which the exemption does not apply

and the general fiduciary responsibility
58750 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Notices

provisions of section 404 of the Act,

which require, among other things, a

fiduciary to discharge his or her duties

respecting a 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

requirements of section 401(a) of the

Code that the plan operate for the

exclusive benefit of the employees of

the employer maintaining the plan and

their beneficiaries;

(2) In accordance with section 408(a)

of the Act and section 4975(c)(2) of the

Code, the Department has found that the

exemption is administratively feasible,

in the interests of the plans and their

participants and beneficiaries, and

protective of the rights of participants

and beneficiaries of the plans; and

(3) The exemption is supplemental to,

and not in derogation of, any other

provisions of the Act and the Code,

including statutory or administrative

exemptions. 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.

(4) The exemption is applicable to the

transactions previously described in

PTE 93–40 only if the conditions

specified herein are satisfied.

Exemption

Under the authority of section 408(a)

of the Act and section 4975(c)(2) of the

Code and in accordance with the

procedures set forth in 29 CFR Part

2570, subpart B, the Department hereby

replaces PTE 93–40 as follows:

Part I. Exemption for Payment of

Certain Fees to AEW

The restrictions of section 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)(E) of the Code, shall not

apply to the payment of certain initial

investment fees (the Investment Fee)

and disposition fees (the Disposition

Fee) to AEW by employee benefit plans

for which AEW provides investment

management services (the Client Plans),

pursuant to an investment management

agreement (the Agreement) entered into

between AEW and the Client Plans

either individually, through the

establishment of a single client separate

account (Single Client Account), or

collectively, as participants in a

multiple client commingled account

(Multiple Client Account), provided that

the conditions set forth below in Part III

are satisfied. (Single Client Accounts

and Multiple Client Accounts are

collectively referred to herein as

Accounts).

Part II. Exemption for Investments in a

Multiple Client Account

The restrictions of section 406(a)(1)

(A) through (D) 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 any

investment by a Client Plan in a

Multiple Client Account managed by

AEW, provided that the conditions set

forth below in Part III are satisfied.

Part III. General Conditions

(a) The investment of plan assets in a

Single or Multiple Client Account,

including the terms and payment of any

Investment Fee and Disposition Fee,

shall be approved in writing by a

fiduciary of a Client Plan which is

independent of AEW and its affiliates

and, in the case of a Multiple Client

Account for which ultimate investment

discretion is exercised by a bank trustee,

a fiduciary which is independent of the

bank trustee and AEW and its affiliates

(the Independent Fiduciary).

Notwithstanding the foregoing, AEW

may authorize the transfer of cash from

a Single Client Account to a Multiple

Client Account, provided that: (1) the

Multiple Client Account has similar

investment objectives and the identical

fee structure as the Single Client

Account; (2) the Agreement governing

the Single Client Account authorizes

AEW to invest in a Multiple Client

Account; (3) AEW receives no

additional fees from the Single Client

Account for cash invested in the

Multiple Client Account and no

additional Investment Fee is paid with

respect to cash transferred to the

Multiple Client Account; (4) a binding

commitment to make the transfer to the

Multiple Client Account is made by

AEW within six months of the

Independent Fiduciary’s decision to

allocate assets to the Single Client

Account or, in the event that AEW’s

binding commitment to make the

transfer occurs more than six months

after such Fiduciary’s decision, AEW

obtains an additional authorization from

the Independent Fiduciary; and (5) each

transfer of assets from the Single Client

Account to the Multiple Client Account

occurs within 60 days of the actual

transfer of such assets to the Single

Client Account.

(b) The terms of any investment in an

Account and of any Investment Fee or

Disposition Fee shall be at least as

favorable to the Client Plans as those

obtainable in arm’s length transactions

between unrelated parties.

(c) At the time any Account is

established and at the time of any

subsequent investment of assets

(including the reinvestment of assets) in

such Account:

(1) Each Client Plan shall have total

net assets with a value in excess of $50

million; and

(2) No Client Plan shall invest, in the

aggregate, more than five percent of its

total assets in any Account or more than

10 percent of its total assets in all

Accounts established by AEW.

(d) Prior to making an investment in

any Account, the Independent Fiduciary

of each Client Plan investing in an

Account shall receive offering materials

from AEW which disclose all material

facts concerning the purpose, structure,

and operation of the Account, including

any fee arrangements.

(e) With respect to its ongoing

participation in an Account, each Client

Plan shall receive the following written

information from AEW:

(1) Audited financial statements of the

Account prepared by independent

public accountants selected by AEW no

later than 90 days after the end of the

fiscal year of the Account;

(2) Quarterly and annual reports

prepared by AEW relating to the overall

financial position and operating results

of the Account and, in the case of a

Multiple Client Account, the value of

each Client Plan’s interest in the

Account. Each such report shall include

a statement regarding the amount of fees

paid to AEW during the period covered

by such report;

(3) Annual appraisals indicating the

fair market value of the Account’s assets

as established by an M.A.I. licensed real

estate appraiser independent of AEW

and its affiliates which has been

approved by the Client Plan prior to

investing in the Account, provided that

if a new appraiser for a property is

chosen by AEW, the appraiser shall be

approved by the Independent Fiduciary

of the Client Plan or the responsible

independent fiduciaries of Client Plans

and other authorized persons acting for

investors in a Multiple Client Account

(the Responsible Independent

Fiduciaries, as defined in Part IV(e)

below), prior to any valuation of such

property; and

(4) In the case of any Multiple Client

Account, a list of all other investors in

the Account.

(f) The total fees paid to AEW shall

constitute no more than reasonable

compensation.

(g) The Investment Fee shall be equal

to a specified percentage of the net

value of the Client Plan assets allocated

to the Account, which shall be payable

either:
Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Notices 58751

(1) At the time assets are deposited (or

deemed deposited in the case of

reinvestment of assets) in the Account;

or

(2) In periodic installments, the

amount (as a percentage of the aggregate

Investment Fee) and timing of which

have been specified in advance based on

the percentage of the Client Plan’s assets

invested in real property as of the

payment date, provided that (i) the

installment period is no less than three

months, and (ii) if the percentage of the

Client Plan assets which have actually

been invested by a payment date is less

than the percentage required for the

aggregate Investment Fee to be paid in

full through that date (both determined

on a cumulative basis), the Investment

Fee paid on such date shall be reduced

by the amount necessary to cause the

percentage of the aggregate Investment

Fee paid to equal only the percentage of

the Client Plan assets actually invested

by that date. The unpaid portion of such

Investment Fee shall be deferred to and

payable on a cumulative basis on the

next scheduled payment date (subject to

the percentage limitation described in

the preceding sentence).

(h) The Disposition Fee shall be

payable after the Client Plan has

received distributions from the Account

in excess of an amount equal to 100

percent of its invested capital plus a

pre-specified annual compounded

cumulative rate of return (the Threshold

Amount), except that in the case of

AEW’s removal or resignation, AEW

shall be entitled to receive a Disposition

Fee payable either at the time of

removal or, in the event of AEW’s

resignation, upon sale of the assets to

which the fee is allocable or upon

termination of the Account as the case

may be, subject to the requirements of

paragraph (k) below, as determined by

a deemed distribution of the assets of

the Account based on an assumed sale

of such assets at their fair market value

(in accordance with independent

appraisals), only to the extent that the

Client Plan would receive distributions

from the Account in excess of an

amount equal to the Threshold Amount

at the time of AEW’s removal or

resignation. Both the Threshold Amount

and the amount of the Disposition Fee,

expressed as a percentage of the amount

distributed (or deemed distributed) from

the Account in excess of the Threshold

Amount, shall be established by the

Agreement and agreed to by the

Independent Fiduciary of the Client

Plan.

(i) The Threshold Amount for any

Disposition Fee shall include at least a

minimum rate of return to the Client

Plan, as defined below in Part IV(f).

(j) For any sale of property in an

Account which shall give rise to the

payment of a Disposition Fee to AEW

prior to the termination of the Account,

the sales price of the property shall be

at least equal to a target amount (the

Target Amount), as defined in Part IV(g),

in order for AEW to sell the property

and receive its Disposition Fee. If the

proposed sales price of the property is

less than the Target Amount, the

proposed sale shall be disclosed to and

approved by the Independent Fiduciary

for a Single Client Account or the

Responsible Independent Fiduciaries for

a Multiple Client Account, in which

event AEW shall be entitled to sell the

property and receive its Disposition Fee.

If the proposed sales price is less than

the Target Amount and the Independent

Fiduciary’s or Responsible Independent

Fiduciaries’ approval is not obtained,

AEW shall still have the authority to sell

the property, if the Agreement provides

AEW with complete investment

discretion for the Account, provided

that the Disposition Fee which would

have been payable to AEW is paid only

at the termination of the Account.

(k) In the event AEW resigns as

investment manager for an Account, the

Disposition Fee shall be calculated at

the time of resignation as described

above in paragraph (h) and allocated to

each property based upon the

relationship that the appraised value of

such property bears to the total

appraised value of the Account. Each

amount arrived at through this

calculation shall be multiplied by a

fraction, the numerator of which shall

be the actual sales price received by the

Account on disposition of the property

(or in the case of a property which has

not been sold prior to the termination of

the Account, the appraised value of the

property as of the termination date) and

to the denominator of which shall be the

appraised value of the property which

was used in connection with

determining the Disposition Fee at the

time of resignation, provided that this

fraction shall never exceed 1.0. The

resulting amount for each property shall

be the Disposition Fee payable to AEW

upon sale of such property or

termination of the Account, as the case

may be.

(l) AEW or its affiliates shall maintain,

for a period of six years, the records

necessary to enable the persons

described in paragraph (m) of this Part

III to determine whether the conditions

of this exemption have been met, except

that: (1) A prohibited transaction will

not be considered to have occurred if,

due to circumstances beyond the control

of AEW or its affiliates, the records are

lost or destroyed prior to the end of the

six year period; and (2) no party in

interest, other than AEW, shall be

subject to the civil penalty that may be

assessed under section 502(i) of the Act

or to the taxes imposed by section

4975(a) and (b) of the Code if the

records are not maintained or are not

available for examination as required by

paragraph (m) below.

(m)(1) Except as provided in

paragraph (m)(2) and notwithstanding

any provisions of section 504(a)(2) and

(b) of the Act, the records referred to in

paragraph (l) of this Part III shall be

unconditionally available at their

customary location for examination

during normal business hours by:

(i) Any duly authorized employee or

representative of the Department or the

Internal Revenue Service;

(ii) Any fiduciary of a Client Plan or

any duly authorized employee or

representative of such fiduciary;

(iii) Any contributing employer to a

Client Plan or any duly authorized

employee or representative of such

employer; and

(iv) Any participant or beneficiary of

a Client Plan or any duly authorized

employee or representative of such

participant or beneficiary.

(2) None of the persons described

above in paragraph (m)(1)(ii)–(iv) shall

be authorized to examine the trade

secrets of AEW and its affiliates or any

commercial or financial information

which is privileged or confidential.

Part IV. Definitions

For purposes of this exemption:

(a) An ‘‘affiliate’’ of a person includes:

(1) Any person directly or indirectly,

through one or more intermediaries,

controlling, controlled by, or under

common control with the person;

(2) Any officer, director, employee,

relative, or partner of such person; and

(3) Any corporation or partnership of

which such person is an officer,

director, partner, or employee.

(b) The term ‘‘control’’ means the

power to exercise a controlling

influence over the management or

policies of a person other than an

individual.

(c) The term ‘‘management services’’

means:

(1) Development of an investment

strategy for the Account and

identification of suitable real estaterelated investments;

(2) Directing the investments of the

assets of the Account, including the

determination of the structure of each

investment, the negotiation of its terms

and conditions and the performance of

all requisite due diligence;

(3) Timing and directing the

disposition of any assets of the Account
58752 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Notices

and directing the liquidation of the

Account;

(4) Administration of the overall

operation of the investments of the

Account, including all applicable

leasing, management, financing, and

capital improvement decisions;

(5) Establishing and maintaining

accounting records of the Accounts and

distributing reports to Client Plans as

described in Part III; and

(6) Selecting and directing all service

providers of ancillary services as

defined in this Part IV.

(d) The term ‘‘ancillary services’’

means:

(1) Legal services;

(2) Services of architects, designers,

engineers, hazardous materials

consultants, contractors, leasing agents,

real estate brokers, and others in

connection with the acquisition,

construction, improvement,

management and disposition of

investments in real property;

(3) Insurance brokerage and

consultation services;

(4) Services of independent auditors

and accountants in connection with

auditing the books and records of the

Accounts and preparing tax returns;

(5) Appraisal and mortgage brokerage

services; and

(6) Services for the development of

income-producing real property.

(e) The term ‘‘Responsible

Independent Fiduciaries’’ means with

respect to a Multiple Client Account the

Independent Fiduciary of each Client

Plan invested in the Account and other

authorized persons acting for investors

in the Account which are not employee

benefit plans as defined under section

3(3) of the Act (such as governmental

plans, university endowment funds,

etc.) that are independent of AEW and

its affiliates and are persons other than

the bank trustee for the Account, and

that collectively hold at least 50% of the

interests in the Account.

(f) The term ‘‘Threshold Amount’’

means with respect to any Disposition

Fee an amount which equals all of a

Client Plan’s capital invested in an

Account plus a pre-specified annual

compounded cumulative rate of return

that is at least a minimum rate of return

determined as follows:

(1) A non-fixed rate which is at least

equal to the rate of change in the

consumer price index (CPI) during the

period from the deposit of the Client

Plan’s assets into the Account until

distributions of the Client Plan’s assets

from the Account equal or exceed the

Threshold Amount; or

(2) A fixed rate which is at least equal

to the rate of change in the CPI over

some period of time specified in the

Agreement, which shall not exceed 10

years.

(g) The term ‘‘Target Amount’’ means

a value assigned to each property in the

Account established by AEW either (1)

at the time the property is acquired, by

mutual agreement between AEW and

the Independent Fiduciary for a Single

Client Account or the Responsible

Independent Fiduciaries for a Multiple

Client Account, or (2) pursuant to an

objective formula approved by such

Fiduciaries at the time the Account is

established. However, in no event will

such value be less than the acquisition

price of the property.

For a more complete statement of the

facts and representations supporting the

Department’s decision to grant PTE 93–

40, refer to the notice of proposed

exemption and grant notice which are

cited above.

Signed at Washington, D.C., this 23rd day

of October 1997.

Ivan L. Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

U.S. Department of Labor.

[FR Doc. 97–28592 Filed 10–29–97; 8:45 am]

BILLING CODE 4510–29–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[Notice (97–158)]

Notice of Prospective Patent License

AGENCY: National Aeronautics and

Space Administration.

ACTION: Notice of prospective patent

license.

SUMMARY: NASA hereby gives notice

that Corken, Inc., a subsidiary of IDEX

Corporation, having its principal place

of business at 3805 N.W. 36th Street,

Oklahoma City, OK 73112, has applied

for a partially exclusive license to

practice the invention described and

claimed in U.S. Patent No. 5,171,822,

entitled ‘‘LOW TOXICITY HIGH

TEMPERATURE PMR POLYIMIDE,’’

which is assigned to the United States

of America as represented by the

Administrator of the National

Aeronautics and Space Administration.

Written objections to the prospective

grant of a license should be sent to

Langley Research Center.

DATE: Responses to this notice must be

received by December 29, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

George F. Helfrich, Patent Counsel,

Langley Research Center, Mail Stop 212,

Hampton, VA 23681–0002, telephone

(757) 864–9260; fax (757) 864–9190.

Dated: October 23, 1997.

Edward A. Frankle,

General Counsel.

[FR Doc. 97–28680 Filed 10–29–97; 8:45 am]

BILLING CODE 7510–01–M

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[Notice (97–159)]

Notice of Prospective Patent License

AGENCY: National Aeronautics and

Space Administration.

ACTION: Notice of Prospective Patent

License.

SUMMARY: NASA hereby gives notice

that Grand Illusion/Living Window,

Inc., of Dover, New Hampshire 03820,

has applied for an exclusive license to

practice the invention described and

claimed in U.S. Patent No. 5,559,923,

entitled ‘‘VAPOR GENERATOR

WAND,’’ for which a United States

Patent was issued on September 24,

1996, to the United States of America as

represented by the Administrator of the

National Aeronautics and Space

Administration. Written objections to

the prospective grant of a license should

be sent to Langley Research Center.

DATES: Responses to this notice must be

received by December 29, 1997.

FOR FURTHER INFORMATION CONTACT: Ms.

Kimberly A. Chasteen, Patent Attorney,

NASA Langley Research Center, Mail

Stop 212, Hampton, VA 23681–0001.

Telephone (757) 864–3227; fax (757)

864–9190.

Dated: October 23, 1997.

Edward A. Frankle,

General Counsel.

[FR Doc. 97–28819 Filed 10–29–97; 8:45 am]

BILLING CODE 7510–01–M

NATIONAL SCIENCE FOUNDATION

Notice of Permit Applications Received

Under the Antarctic Conservation Act

of 1978 (Pub. L. 95–541)

AGENCY: National Science Foundation.

ACTION: Notice of Permit Applications

Received Under the Antarctic

Conservation Act of 1978, Pub. L. 95–

541.

SUMMARY: The National Science

Foundation (NSF) is required to publish

notice of permit applications received to

conduct activities regulated under the

Antarctic Conservation Act of 1978.

NSF has published regulations under

the Antarctic Conservation Act at Title