Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59749

fee discussed above. TCW maintains

that because there is no such fee, there

is no reason to change its form or limit

it. A Participant is, as noted above,

already completely free to decide

whether to begin or to discontinue

investments under the Program.

The last three recommendations do

not appear to be otherwise discussed in

the comment letter. TCW’s general

response to these recommendations is

that they will likely add unnecessary

expense to the Program without any

corresponding benefit. To the extent

that these recommendations arise from

the Commenter’s misunderstanding of

the fee arrangement and other aspects of

the Program, they should be rejected by

the Department on that basis.

Specifically, it is not clear to TCW

exactly how an auditing firm would

perform an audit to verify

independence; as a practical matter,

because the independence of the

Experts is central to the Program and

this exemption, TCW would have every

incentive to ensure that independence is

maintained. Similarly, if the Department

wishes to audit the Program, or to

monitor compliance with the conditions

of the exemption, it will exercise its

statutory powers under section 504 of

the Act. Alternatively, the Department

can access the relevant records pursuant

to Condition V of Section II of the

Notice and of this exemption. Imposing

an additional requirement that the

names of the plan sponsors who have

selected the Program be submitted to the

Department along with the signed

disclosure forms may act as a deterrent

to the plan sponsors’ selection of the

Program. Furthermore, TCW is fully

committed to complying with the

substantive disclosures requirement

contained in the Notice and in this

exemption because such a requirement

will provide meaningful information to

the Plan Participants and fiduciaries.

TCW states that imposing additional

requirements would be detrimental to

the Program while offering no

additional protection to the Participants.

The Department has considered the

comments and the responses set forth by

TCW and has determined that no

modification of this exemption is

necessary regarding the points raised by

the Commenter. With respect to the

recommendations of the Commenter,

the Department notes that each

exemption is subject to the explicit

condition that the material facts and

representations submitted in support of

an application are true and accurate.

The exemption application contains the

representations of the applicant. Many

such representations are reflected in the

terms and conditions of the exemption.

These terms and conditions provide for

the independence of the Experts and the

disclosures to be provided by TCW.

Thus, to the extent that TCW does not

comply with the terms and conditions

of the exemption, the exemption would

be void.

After giving full consideration to the

entire record, including the written

comments, the Department has decided

to grant the exemption subject to the

modifications or clarifications described

above. The two comment letters have

been included as part of the public

record of the exemption application.

The complete exemption file is available

for public inspection in the Public

Disclosure Room of the Pension and

Benefits Administration, Room N–5638,

U.S. Department of Labor, 200

Constitution Avenue, NW., Washington

DC 20210.

FOR FURTHER INFORMATION CONTACT:

Ekaterina A. Uzlyan, U.S. Department of

Labor, telephone (202) 219–8883. (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 are true and complete and

accurately describe all material terms of

the transaction which is the subject of

the exemption. In the case of continuing

exemption transactions, if any of the

material facts or representations

described in the application change

after the exemption is granted, the

exemption will cease to apply as of the

date of such change. In the event of any

such change, application for a new

exemption may be made to the

Department.

Signed at Washington, D.C., this 30th day

of October, 1997.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

U.S. Department of Labor.

[FR Doc. 97–29175 Filed 11–3–97; 8:45 am]

BILLING CODE 4510–29–P

LEGAL SERVICES CORPORATION

Sunshine Act Meeting

Sunshine Act Meeting of the Board of

Directors

CORRECTION: As published on Oct. 28,

1997 (62 FR 55833), the agenda for the

meeting scheduled for Nov. 15, 1997, is

incorrect. The publication is corrected

as follows:

9. Consider and act on the report of

the Ad Hoc Committee on Performance

Reviews of the President and Inspector

General.

a. Consider and act on procedural

matters, including personal performance

plans for the President and the Inspector

General, written submissions prior to

interviews, and interview protocols.

Dated: October 31, 1997

Victor M. Fortuno,

General Counsel.

[FR Doc. 97–29280 Filed 10–31–97; 12:50 pm]

BILLING CODE 7050–01–P

OFFICE OF MANAGEMENT AND

BUDGET

Office of Federal Procurement Policy

Notice of Availability

AGENCY: Office of Management and

Budget, Office of Federal Procurement

Policy.

ACTION: Notice of availability of the

Procurement Regulatory Activity Report,

Number 14.

SUMMARY: Subsections 25(g) (1) and (2)

of the Office of Federal Procurement

Policy (OFPP) Act, as amended by Pub.

L. 100–679, codified at 41 U.S.C. 421(g),

require the Administrator for Federal

Procurement Policy to publish a report

within six months after the date of
59750 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

enactment and every six months

thereafter relating to the development of

procurement regulations.

Accordingly, OFPP has prepared this

report, which is designed to satisfy all

aspects of subsections 25(g) (1) and (2)

of the OFPP Act, and includes

information on the status of each

regulation; a description of those

regulations required by statute; a

description of the methods by which

public comment was sought;

regulations, policies, procedures, and

forms under review by the OFPP;

whether the regulations have paperwork

requirements; the progress made in

promulgating and implementing the

Federal Acquisition Regulation; and

such other matters as the Administrator

determines to be useful.

ADDRESSES: Those persons interested in

obtaining a copy of the Procurement

Regulatory Activity Report may contact

the Executive Office of the President

Publications Service, Room 2200, 725

17th Street, NW, Washington, DC 20503,

or call 202–395–7332.

ADDITIONAL INFORMATION: For additional

information write the Office of Federal

Procurement Policy, 725 17th Street,

NW, Washington, DC 20503 or call 202–

395–6803.

Allan E. Brown,

Acting Administrator.

[FR Doc. 97–29157 Filed 11–3–97; 8:45 am]

BILLING CODE 3110–01–P

NATIONAL TRANSPORTATION

SAFETY BOARD

Public Hearing on Trans World Airlines

(TWA) Flight 800 Accident

In connection with its investigation of

the accident involving Trans World

Airlines (TWA) flight 800, a Boeing

747–100, N93119, in the Atlantic Ocean

near East Moriches, NY, July 17, 1996,

the National Transportation Safety

Board will convene a public hearing

beginning at 9:00 a.m., on Monday,

December 8, 1997, at the Baltimore

Convention Center, Halls A and B, One

West Pratt Street, Baltimore, MD. For

more information, contact Shelly Hazle,

Office of Public Affairs, Washington,

D.C. 20594, telephone (202) 314–6100.

Dated: October 30, 1997.

Ray Smith,

Alternate Federal Register Liaison Officer.

[FR Doc. 97–29145 Filed 11–3–97; 8:45 am]

BILLING CODE 7533–01–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–302]

Florida Power Corporation; Crystal

River Nuclear Generating Plant Unit 3,

Exemption

I.

Florida Power Corporation (the

licensee) is the holder of Facility

Operating License No. DPR–72, which

authorizes operation of the Crystal River

Nuclear Generating Plant Unit 3 (CR3).

The license provides, among other

things, that the licensee is subject to all

rules, regulations, and orders of the

Commission now or hereafter in effect.

The facility is of a pressurized water

reactor type and is located in Citrus

County, Florida.

II.

In its letter dated June 21, as

supplemented November 22, 1996, the

licensee requested an exemption from

the Commission’s regulations.

Title 10 of the Code of Federal

Regulations, 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 requires (if

Paragraphs III.G.2.a or b are not

applicable) enclosure of cable and

equipment and associated non-safety

circuits of one redundant train in a fire

barrier having a 1-hour rating; in

addition, fire detectors and an automatic

fire suppression system shall be

installed in the fire area.

The current CR3 design includes

Thermo-Lag fire barriers which do not

provide the level of fire resistance

required by NRC regulations. As part of

its program for resolving Thermo-Lag

issues, the licensee has determined that

the Thermo-Lag material used as a fire

barrier for the protection of certain safe

shutdown cables located in certain

elevations of the auxiliary and

intermediate buildings does not qualify

as 1-hour fire rated barriers. In lieu of

upgrading the existing Thermo-Lag fire

barriers to satisfy the 1-hour fire rating

requirement, the licensee proposes to

implement an enhanced automatic fire

suppression system coverage for these

specific fire zones. The licensee

indicates that its proposed enhanced

automatic fire suppression system

coverage coupled with the existing

Thermo-Lag barriers and other defensein-depth features will ensure that one

train of equipment necessary to achieve

hot shutdown remains free of fire

damage. An exemption from 10 CFR

Part 50, Appendix R, Section III,

Paragraph G.2.c., is required to allow

the use of the existing Thermo-Lag

material that has less than a 1-hour fire

rating, for the specific cables and

equipment located in certain elevations

of the auxiliary and intermediate

buildings. By letter dated June 21, as

supplemented November 22, 1996, the

licensee submitted the exemption

request.

This exemption does not address the

licensee’s request relating to the

requirements for battery powered

lighting in areas for the operation of safe

shutdown equipment.

III.

Discussion

The exemption request is for the

following fire zones: auxiliary building

fire area AB–95–3B and G, AB–119–6A

(elevations 95 and 119) and the

intermediate building fire area IB–119–

201A (elevation 119). Automatic

sprinkler protection and automatic fire

detection designed and installed in

accordance with the applicable National

Fire Protection Association (NFPA)

codes and standards are provided in

these fire zones. The licensee, in its

response to the U.S. Nuclear Regulatory

Commission (NRC) staff’s request for

additional information (RAI) dated

September 24, 1996, identified no

significant deviations from the

applicable NFPA codes and standards

that would adversely affect system

performance. The licensee has proposed

upgrading the existing automatic

sprinkler protection in each of these

zones to compensate for the existing

Thermo-Lag fire barriers. The licensee

has determined that the existing

Thermo-Lag fire barriers, coupled with

the enhanced sprinkler protection and

administrative controls, provide an

adequate level of fire protection. The

staff’s evaluation of the licensee’s

exemption request is discussed below.