60452 Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Notices

there exists an industry in the United

States as required by subsection (a)(2) of

section 337.

(2) For the purpose of the

investigation so instituted, the following

are hereby named as parties upon which

this notice of investigation shall be

served:

(a) The complainant is—

Geoworks Corporation, 960 Atlantic

Avenue, Alameda, California 94501.

(b) The respondents are the following

companies alleged to be in violation of

section 337, and are the parties upon

which the complaint is to be served:

Phone.com, Inc., 800 Chesapeake Drive,

Redwood City, California 94063

Sanyo Electronic Co. Ltd. of Japan, 5–5

Keihan-Hondori, 2-chome, Moriguchi

City, Osaka 570–8677, Japan

Sanyo North America Corporation, 2055

Sanyo Avenue, San Diego, California

92154

(c) Thomas S. Fusco, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission, 500 E

Street, S.W., Room 401–O, Washington,

D.C. 20436, who shall be the

Commission investigative attorney,

party to this investigation; and

(3) For the investigation so instituted,

the Honorable Debra Morriss is

designated as the presiding

administrative law judge.

Responses to the complaint and the

notice of investigation must be

submitted by the named respondents in

accordance with section 210.13 of the

Commission’s Rules of Practice and

Procedure, 19 CFR 210.13. Pursuant to

19 CFR 201.16(d) and 210.13(a), such

responses will be considered by the

Commission if received no later than 20

days after the date of service by the

Commission of the complaint and notice

of investigation. Extensions of time for

submitting responses to the complaint

will not be granted unless good cause

therefor is shown.

Failure of a respondent to file a timely

response to each allegation in the

complaint and in this notice may be

deemed to constitute a waiver of the

right to appear and contest the

allegations of the complaint and this

notice, and to authorize the

administrative law judge and the

Commission, without further notice to

the respondent, to find the facts to be as

alleged in the complaint and this notice

and to enter both an initial

determination and a final determination

containing such findings, and may

result in the issuance of a limited

exclusion order or a cease and desist

order or both directed against such

respondent.

Issued: October 4, 2000.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–26021 Filed 10–10–00; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF LABOR

Office of the Secretary

Submission for OMB Review;

Comment Request

October 3, 2000.

The Department of Labor (DOL) has

submitted the following public

information collection request (ICR) to

the Office of Management and Budget

(OMB) for review and approval in

accordance with the Paperwork

Reduction Act of 1995 (Pub. L. 104–13,

44 U.S.C. Chapter 35). A copy of each

individual ICR, with applicable

supporting documentation, may be

obtained by calling the Department of

Labor. To obtain documentation for

BLS, ETA, PWBA, and OASAM contact

Karin Kurz ((202) 693–4127 or by E-mail

to Kurz-Karin@dol.gov). To obtain

documentation for ESA, MSHA, OHSA,

and VETS contact Darrin King ((202)

693–4129 or by E-Mail to KingDarrin@dol.gov).

Comments should be sent to Office of

Information and Regulatory Affairs,

Attn: OMB Desk Officer for BLS, DM,

ESA, ETA, MSHA, OSHA, PWBA, or

VETS, Office of Management and

Budget, Room 10235, Washington, DC

20503 ((202) 395–7316), within 30 days

from the date of this publication in the

Federal Register.

The OMB is particularly interested in

comments which:

• Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

• Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

• Enhance the quality, utility, and

clarity of the information to be

collected; and

• Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submission of

responses.

Type of Review: Extension of a

currently approved collection.

Agency: Office of the Chief Financial

Officer.

Title: Salary Offset.

OMB Number: 1225–0038.

Affected Public: Individuals or

households..

Total Respondents: 150.

Frequency: On Occasion.

Total Responses: 300.

Average Time Per Response: 1.25.

Total Burden Hours: 375.

Total Burden Cost (capital/startup):

$0.

Total Burden Cost (operating/

maintenance): $0.

Total Annualized Capital/Startup

Costs: $0.

Description: The Department of Labor

(DOL) collects information from debtors

to assist in determining whether an

individual is actually indebted to DOL,

and if so indebted, to evaluate the

individuals ability to repay the debt.

Ira L. Mills,

Departmental Clearance Officer.

[FR Doc. 00–26039 Filed 10–10–00; 8:45 am]

BILLING CODE 4510–23–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Prohibited Transaction Exemption 2000–

48; Exemption Application No. D–10802, et

al.]

Grant of Individual Exemptions;

Columbia Energy Group (Columbia)

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Grant of individual exemptions.

SUMMARY: This document contains

exemptions issued by the Department of

Labor (the Department) from certain of

the prohibited transaction restrictions of

the Employee Retirement Income

Security Act of 1974 (the Act) and/or

the Internal Revenue Code of 1986 (the

Code).

Notices were published in the Federal

Register of the pendency before the

Department of proposals to grant such

exemptions. The notices set forth a

summary of facts and representations

contained in each application for

exemption and referred interested

persons to the respective applications

for a complete statement of the facts and

representations. The applications have

been available for public inspection at

the Department in Washington, D.C. The

notices also invited interested persons

to submit comments on the requested

exemptions to the Department. In

Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Notices 60453

addition the notices stated that any

interested person might submit a

written request that a public hearing be

held (where appropriate). The

applicants have represented that they

have complied with the requirements of

the notification to interested persons.

No public comments and no requests for

a hearing, unless otherwise stated, were

received by the Department.

The notices of proposed exemption

were issued and the exemptions are

being granted solely by the Department

because, effective December 31, 1978,

section 102 of Reorganization Plan No.

4 of 1978, 5 U.S.C. App. 1 (1996),

transferred the authority of the Secretary

of the Treasury to issue exemptions of

the type proposed to the Secretary of

Labor.

Statutory Findings

In accordance with section 408(a) of

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

Code and the procedures set forth in 29

CFR Part 2570, Subpart B (55 FR 32836,

32847, August 10, 1990) and based upon

the entire record, the Department makes

the following findings:

(a) The exemptions are

administratively feasible;

(b) They are in the interests of the

plans and their participants and

beneficiaries; and

(c) They are protective of the rights of

the participants and beneficiaries of the

plans.

Columbia Energy Group (Columbia),

Located in Herndon, Virginia

[Prohibited Transaction Exemption 2000–48;

Exemption Application No. D–10802]

Exemption

The restrictions of section 406(a) and

(b) of the Act shall not apply to the

reinsurance of risks and the receipt of

premiums therefrom by Columbia

Insurance Corporation, Ltd. (CICL) in

connection with an insurance contract

sold by Employers Insurance of Wausau

(Wausau), or any successor insurance

company to Wausau which is unrelated

to Columbia, to provide long-term

disability benefits to participants in

Columbia’s Long Term Disability Plan

(the Plan), provided the following

conditions are met:

(a) CICL—

(1) Is a party in interest with respect

to the Plan by reason of a stock or

partnership affiliation with Columbia

that is described in section 3(14)(E) or

(G) of the Act;

(2) Is licensed to sell insurance or

conduct reinsurance operations in at

least one State as defined in section

3(10) of the Act;

(3) Has obtained a Certificate of

Authority from the Insurance

Commissioner of its domiciliary state

which has neither been revoked nor

suspended;

(4)(A) Has undergone an examination

by an independent certified public

accountant for its last completed taxable

year immediately prior to the taxable

year of the reinsurance transaction; or

(B) Has undergone a financial

examination (within the meaning of the

law of its domiciliary State, Vermont) by

the Insurance Commissioner of the State

of Vermont within 5 years prior to the

end of the year preceding the year in

which the reinsurance transaction

occurred; and

(5) Is licensed to conduct reinsurance

transactions by a State whose law

requires that an actuarial review of

reserves be conducted annually by an

independent firm of actuaries and

reported to the appropriate regulatory

authority;

(b) The Plan pays no more than

adequate consideration for the

insurance contracts;

(c) No commissions are paid by the

Plan with respect to the direct sale of

such contracts or the reinsurance

thereof;

(d) In the initial year of any contract

involving CICL, there will be an

immediate and objectively determined

benefit to the Plan’s participants and

beneficiaries in the form of increased

benefits;

(e) In subsequent years, the formula

used to calculate premiums by Wausau

or any successor insurer will be similar

to formulae used by other insurers

providing comparable long-term

disability coverage under similar

programs. Furthermore, the premium

charge calculated in accordance with

the formula will be reasonable and will

be comparable to the premium charged

by the insurer and its competitors with

the same or a better rating providing the

same coverage under comparable

programs;

(f) The Plan only contracts with

insurers with a rating of A or better from

A.M. Best Company (Best’s). The

reinsurance arrangement between the

insurers and CICL will be indemnity

insurance only, i.e., the insurer will not

be relieved of liability to the Plan

should CICL be unable or unwilling to

cover any liability arising from the

reinsurance arrangement;

(g) CICL retains an independent

fiduciary (the Independent Fiduciary),

at Columbia’s expense, to analyze the

transaction and render an opinion that

the requirements of sections (a) through

(f) have been complied with. For

purposes of this exemption, the

Independent Fiduciary is a person who:

(1) Is not directly or indirectly,

through one or more intermediaries,

controlling, controlled by, or under

common control with Columbia or CICL

(this relationship hereinafter referred to

as an ‘‘Affiliate’’);

(2) Is not an officer, director,

employee of, or partner in, Columbia or

CICL (or any Affiliate of either);

(3) Is not a corporation or partnership

in which Columbia or CICL has an

ownership interest or is a partner;

(4) Does not have an ownership

interest in Columbia or CICL, or any of

either’s Affiliates;

(5) Is not a fiduciary with respect to

the Plan prior to the appointment; and

(6) Has acknowledged in writing

acceptance of fiduciary responsibility

and has agreed not to participate in any

decision with respect to any transaction

in which the Independent Fiduciary has

an interest that might affect its best

judgment as a fiduciary.

For purposes of this definition of an

‘‘Independent Fiduciary,’’ no

organization or individual may serve as

an Independent Fiduciary for any fiscal

year if the gross income received by

such organization or individual (or

partnership or corporation of which

such individual is an officer, director, or

10 percent or more partner or

shareholder) from Columbia, CICL, or

their Affiliates (including amounts

received for services as Independent

Fiduciary under any prohibited

transaction exemption granted by the

Department) for that fiscal year exceeds

5 percent of that organization or

individual’s annual gross income from

all sources for such fiscal year.

In addition, no organization or

individual who is an Independent

Fiduciary, and no partnership or

corporation of which such organization

or individual is an officer, director, or

10 percent or more partner or

shareholder, may acquire any property

from, sell any property to, or borrow

funds from Columbia, CICL, or their

Affiliates during the period that such

organization or individual serves as

Independent Fiduciary, and continuing

for a period of six months after such

organization or individual ceases to be

an Independent Fiduciary, or negotiates

any such transaction during the period

that such organization or individual

serves as Independent Fiduciary.

For a more complete statement of the

facts and representations supporting the

Department’s decision to grant this

exemption, refer to the notice of

proposed exemption published on

August 17, 2000 at 65 FR 50237.

FOR FURTHER INFORMATION CONTACT: Gary

H. Lefkowitz of the Department,

60454 Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Notices

1 46 FR 7527, January 23, 1981.

2 48 FR 895, January 7, 1983. 3 47 FR 21331, May 18, 1982.

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

a toll-free number.)

Actuarial Sciences Associates, Inc.

(ASA) and ASA Fiduciary Counselors

Inc. (ASA Counselors), Located in

Alexandria, VA

[Prohibited Transaction Exemption 2000–47;

Exemption Application No: D–10879]

Exemption

I. General Transactions

The restrictions of section

406(a)(1)(A) through (D) and the

sanctions resulting from the application

of section 4975 of the Code by reason of

section 4975(c)(1)(A) through (D), shall

not apply to a transaction between a

party in interest with respect to the

Plumbers and Pipe Fitters National

Pension Fund (the Fund) and an

account (the Account) that holds certain

assets of the Fund managed by ASA or

ASA Counselors, while serving as

independent named fiduciary (the

Named Fiduciary) in connection with

Prohibited Transaction Exemption 99–

46 (PTE 99–46)(64 FR 61944, November

15, 1999); provided that the following

conditions are satisfied:

(a) ASA or ASA Counselors, as

Named Fiduciary of the Account, is an

investment adviser registered under the

Investment Advisers Act of 1940 that

has, as of the last day of its most recent

fiscal year, total client assets under its

management and control in excess of

$50,000,000, and shareholders’ equity or

partners’ equity, as defined in Section

III(h), below, in excess of $750,000;

(b) At the time of the transaction, as

defined in Section III(i), below, the

party in interest or its affiliate, as

defined in Section III(a), below, does not

have, and during the immediately

preceding one (1) year has not

exercised, the authority to—

(1) appoint or terminate the Named

Fiduciary as a manager of the Account,

or

(2) negotiate the terms of the

management agreement with the Named

Fiduciary (including renewals or

modifications thereof) on behalf of the

Fund;

(c) The transaction is not described

in—

(1) Prohibited Transaction Class

Exemption 81–6 (PTCE 81–6) 1 (relating

to securities lending arrangements);

(2) Prohibited Transaction Class

Exemption 83–1 (PTCE 83–1) 2 (relating

to acquisitions by plans of interests in

mortgage pools), or

(3) Prohibited Transaction Class

Exemption 82–87 (PTCE 82–87) 3

(relating to certain mortgage financing

arrangements);

(d) The terms of the transaction are

negotiated on behalf of the Account

under the authority and general

direction of the Named Fiduciary, and

either the Named Fiduciary, or (so long

as the Named Fiduciary retains full

fiduciary responsibility with respect to

the transaction) a property manager

acting in accordance with written

guidelines established and administered

by the Named Fiduciary, makes the

decision on behalf of the Account to

enter into the transaction, provided that

the transaction is not part of an

agreement, arrangement, or

understanding designed to benefit a

party in interest;

(e) The party in interest dealing with

the Account is neither the Named

Fiduciary nor a person related to the

Named Fiduciary, as defined in Section

III(f), below;

(f) At the time the transaction is

entered into, and at the time of any

subsequent renewal or modification

thereof that requires the consent of the

Named Fiduciary, the terms of the

transaction are at least as favorable to

the Account as the terms generally

available in arm’s length transactions

between unrelated parties;

(g) Neither the Named Fiduciary nor

any affiliate thereof, as defined in

Section III(b), below, nor any owner,

direct or indirect, of a 5 percent (5%) or

more interest in the Named Fiduciary is

a person who, within the ten (10) years

immediately preceding the transaction,

has been either convicted or released

from imprisonment, whichever is later,

as a result of:

(1) any felony involving abuse or

misuse of such person’s employee

benefit plan position or employment, or

position or employment with a labor

organization;

(2) any felony arising out of the

conduct of the business of a broker,

dealer, investment adviser, bank,

insurance company, or fiduciary;

(3) income tax evasion;

(4) any felony involving the larceny,

theft, robbery, extortion, forgery,

counterfeiting, fraudulent concealment,

embezzlement, fraudulent conversion,

or misappropriation of funds or

securities; conspiracy or attempt to

commit any such crimes or a crime in

which any of the foregoing crimes is an

element; or

(5) any other crimes described in

section 411 of the Act.

For purposes of this Section I(g), a

person shall be deemed to have been

‘‘convicted’’ from the date of the

judgment of the trial court, regardless of

whether the judgment remains under

appeal.

II. Specific Exemption Involving Places

of Public Accommodation

The restrictions of sections

406(a)(1)(A) through (D) and 406(b)(1)

and 406(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)(A) through (E) of

the Code, shall not apply, effective

November 8, 1999, to the furnishing of

services, facilities, and any goods

incidental thereto by a place of public

accommodation owned by the Account

managed by the Named Fiduciary to a

party in interest with respect to the

Fund, if the services, facilities, and

incidental goods are furnished on a

comparable basis to the general public.

III. Definitions

(a) For purposes of Section I(b), above,

of this exemption, an ‘‘affiliate’’ of a

person means—

(1) any person directly or indirectly,

through one or more intermediaries,

controlling, controlled by, or under

common control with the person,

(2) any corporation, partnership, trust,

or unincorporated enterprise of which

such person is an officer, director, 5

percent (5%) or more partner, or

employee (but only if the employer of

such employee is the plan sponsor), and

(3) any director of the person or any

employee of the person who is a highly

compensated employee, as described in

section 4975(e)(2)(H) of the Code, or

who has direct or indirect authority,

responsibility, or control regarding the

custody, management, or disposition of

plan assets. A named fiduciary (within

the meaning of section 402(a)(2) of the

Act) of a plan, and an employer any of

whose employees are covered by the

plan will also be considered affiliates

with respect to each other for purposes

of Section I(b) if such employer or an

affiliate of such employer has the

authority, alone or shared with others,

to appoint or terminate the named

fiduciary or otherwise negotiate the

terms of the named fiduciary’s

employment agreement.

(b) For purposes of Section I(g), above,

of this exemption, an ‘‘affiliate’’ of a

person means—

(1) any person directly or indirectly

through one or more intermediaries,

controlling, controlled by, or under

common control with the person,

(2) any director of, relative of, or

partner in, any such person,

Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Notices 60455

(3) any corporation, partnership, trust,

or unincorporated enterprise of which

such person is an officer, director, or a

5 percent (5%) or more partner or

owner, and

(4) any employee or officer of the

person who—

(A) Is a highly compensated employee

(as described in section 4975(e)(2)(H) of

the Code) or officer (earning 10 percent

(10%) or more of the yearly wages of

such person) or

(B) Has direct or indirect authority,

responsibility or control regarding the

custody, management, or disposition of

Fund assets.

(c) The term ‘‘control’’ means the

power to exercise a controlling

influence over the management or

policies of a person other than an

individual.

(d) The term ‘‘goods’’ includes all

things which are movable or which are

fixtures used by the Account but does

not include securities, commodities,

commodities futures, money,

documents, instruments, accounts,

chattel paper, contract rights, and any

other property, tangible or intangible,

which, under the relevant facts and

circumstances, is held primarily for

investment.

(e) The term ‘‘party in interest’’ means

a person described in section 3(14) of

the Act and includes a ‘‘disqualified

person,’’ as defined in section 4975(e)(2)

of the Code.

(f) The Named Fiduciary is ‘‘related’’

to a party in interest for purposes of

Section I(e), above, of this exemption, if

the party in interest (or a person

controlling, or controlled by, the party

in interest) owns a 5 percent (5%) or

more interest in the Named Fiduciary,

or if the Named Fiduciary (or a person

controlling, or controlled by, the Named

Fiduciary) owns a 5 percent (5%) or

more interest in the party in interest.

For purposes of this definition:

(1) The term ‘‘interest’’ means with

respect to ownership of an entity—

(A) The combined voting power of all

classes of stock entitled to vote or the

total value of the shares of all classes of

stock of the entity if the entity is a

corporation,

(B) The capital interest or the profits

interest of the entity if the entity is a

partnership; or

(C) The beneficial interest of the

entity if the entity is a trust or

unincorporated enterprise; and

(2) A person is considered to own an

interest held in any capacity if the

person has or shares the authority—

(A) To exercise any voting rights, or

to direct some other person to exercise

the voting rights relating to such

interest, or

(B) To dispose or to direct the

disposition of such interest.

(g) The term ‘‘relative’’ means a

relative as that term is defined in

section 3(15) of the Act, or a brother,

sister, or a spouse of a brother or sister.

(h) For purposes of Section I(a) of this

exemption, the term ‘‘shareholders’’

equity’’ or ‘‘partners’’ equity’’ means the

equity shown in the most recent balance

sheet prepared within the two (2) years

immediately preceding a transaction

undertaken pursuant to this exemption,

in accordance with generally accepted

accounting principles.

(i) The ‘‘time’’ as of which any

transaction occurs is the date upon

which the transaction is entered into. In

addition, in the case of a transaction

that is continuing, the transaction shall

be deemed to occur until it is

terminated. If any transaction is entered

into on or after the effective date of this

exemption, or a renewal that requires

the consent of the Named Fiduciary

occurs on or after such effective date,

and the requirements of this exemption

are satisfied at the time the transaction

is entered into or renewed, respectively,

the requirements will continue to be

satisfied thereafter with respect to the

transaction. Nothing in this subsection

shall be construed as exempting a

transaction which becomes a transaction

described in section 406 of the Act or

section 4975 of the Code while the

transaction is continuing, unless the

conditions of this exemption were met

either at the time the transaction was

entered into or at the time the

transaction would have become

prohibited but for this exemption.

Temporary Nature of Exemption

The Department has determined that

the relief provided to ASA and ASA

Counselors by this exemption will be

temporary in nature. The exemption is

effective for ASA from November 8,

1999, through December 20, 1999, and

for ASA Counselors from December 20,

1999, until the resignation of ASA

Counselors and the appointment of a

replacement independent Named

Fiduciary for the Account. In

accordance with Section 14 of the

Independent Named Fiduciary

Agreement (the Agreement), the

Department was notified that ASA

Counselors intends to resign as Named

Fiduciary for the Account and terminate

the Agreement on the later of: (a) Thirty

(30) days from September 12, 2000; or

(b) the appointment of a replacement

independent Named Fiduciary for the

Account. Accordingly, in order to

accommodate the latest effective date of

the resignation of ASA Counselors, the

Department has determined that the

relief provided by this exemption is

available until the later of: (a) October

12, 2000, or (b) the effective date of the

appointment of a replacement

independent Named Fiduciary for the

Account that is acceptable to the

Department.

Written Comments

In the Notice of Proposed Exemption

(the Notice), the Department of Labor

(the Department) invited all interested

persons to submit written comments

and requests for a hearing on the

proposed exemption. As set forth in the

Notice, interested persons consisted of

the Trustees of the Fund and any

interested persons who commented in

writing to the Department in connection

with Prohibited Transaction Exemption

99–46 (PTE 99–46). The deadline for

submission of such comments was

within forty-five (45) days of the date of

the publication of the Notice in the

Federal Register on June 26, 2000. All

comments and requests for a hearing

were due on August 10, 2000.

Prior to August 10, 2000, interested

persons contacted the Department by

telephone and in writing in order to

point out that the documents provided

in the notice to interested persons

referenced the application number D–

10514 for PTE 99–46, rather than the

application number D–10879 for the

subject case. In light of this error, the

Department required, and the applicants

agreed, that a corrected copy of these

documents would be sent to all

interested persons by first class mail.

Further, in order to allow interested

parties to have the full comment period

after receiving the revised notice, the

Department required, and the applicants

agreed to, an extension of the deadline

when comments would be due on the

proposed exemption. In a letter dated

July 20, 2000, the applicants confirmed

that it had re-notified all interested

persons, as of July 19, 2000.

Accordingly, all comments and requests

for a hearing were due on August 31,

2000.

During the comment period, the

Department received no requests for a

hearing. However, the Department did

receive comment letters from eleven

(11) commentators. At the close of the

comment period, the Department

forwarded copies of these letters to the

applicant for response. The applicant

responded in writing to the various

concerns raised by the commentators. A

description of the comments and the

applicant’s responses thereto are

summarized below.

A number of commentators objected

to the acquisition by the Fund of the

Diplomat Resort and Country Club (the

60456 Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Notices

Diplomat Project) which was the subject

of PTE 99–46, and expressed concern

over the ASA Counselors’ authority

under the exemption to use assets of the

Fund for the operation of the Diplomat

Project. In response to the comment, the

applicants noted that the Department

previously granted PTE 99–46 which

permitted the investment. Further, the

applicants maintain that the Diplomat

Project involves a large hotel, country

club, and marina. Given the number of

participants, contributing employers,

and service providers for the Fund and

the scope of the Diplomat Project, in the

opinion of the applicants, there would

be significant administrative difficulties

in identifying and preventing

inadvertent prohibited transactions. In

the opinion of the applicants, the

granting of this exemption to ASA

Counselors, the Named Fiduciary, will

eliminate the risk that a prohibited

transaction will occur during the course

of building, selling, or operating the

Diplomat Project.

One commentator asked whether CS

Capital Management had any ties to

Capital Consultants, Inc. or Wilshire

Financial Services. In response, CS

Capital Management has confirmed that

they do not have ties to either

organization.

After giving full consideration to the

entire record, including the written

comments from the commentators, the

Department has decided to grant the

exemption. In this regard, the comment

letters submitted to the Department

have been included as part of the public

record of the exemption application.

The complete application file, including

all supplemental submissions received

by the Department, is made available for

public inspection in the Public

Documents Room of the Pension

Welfare Benefits Administration, Room

N–5638, U.S. Department of Labor, 200

Constitution Avenue, N.W.,

Washington, DC 20210.

For a more complete statement of the

facts and representations supporting the

Department’s decision to grant this

exemption refer to the Notice published

on June 26, 2000, at 65 FR 39435.

For Further Information Contact: Ms.

Angelena C. Le Blanc of the Department,

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 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) 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 accurately describes all

material terms of the transaction which

is the subject of the exemption.

Signed at Washington, D.C., this 4th day of

October, 2000.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

U.S. Department of Labor.

[FR Doc. 00–26029 Filed 10–10–00; 8:45 am]

BILLING CODE 4510–29–P

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Application No. D–10538, et al.]

Proposed Exemptions; Sei

Investments Company (SEI

Investments), SEI Investments

Management Corporation (SIMC) and

SEI Trust Company (STC)

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Notice of Proposed Exemptions.

SUMMARY: This document contains

notices of pendency before the

Department of Labor (the Department) of

proposed exemptions from certain of the

prohibited transaction restrictions of the

Employee Retirement Income Security

Act of 1974 (the Act) and/or the Internal

Revenue Code of 1986 (the Code).

Written Comments and Hearing

Requests

All interested persons are invited to

submit written comments or request for

a hearing on the pending exemptions,

unless otherwise stated in the Notice of

Proposed Exemption, within 45 days

from the date of publication of this

Federal Register Notice. Comments and

requests for a hearing should state: (1)

The name, address, and telephone

number of the person making the

comment or request, and (2) the nature

of the person’s interest in the exemption

and the manner in which the person

would be adversely affected by the

exemption. A request for a hearing must

also state the issues to be addressed and

include a general description of the

evidence to be presented at the hearing.

ADDRESSES: All written comments and

request for a hearing (at least three

copies) should be sent to the Pension

and Welfare Benefits Administration,

Office of Exemption Determinations,

Room N–5649, U.S. Department of

Labor, 200 Constitution Avenue, N.W.,

Washington, D.C. 20210. Attention:

Application No. lll, stated in each

Notice of Proposed Exemption. The

applications for exemption and the

comments received will be available for

public inspection in the Public

Documents Room of the Pension and

Welfare Benefits Administration, U.S.

Department of Labor, Room N–5638,

200 Constitution Avenue, N.W.,

Washington, D.C. 20210.

Notice to Interested Persons

Notice of the proposed exemptions

will be provided to all interested

persons in the manner agreed upon by

the applicant and the Department

within 15 days of the date of publication

in the Federal Register. Such notice

shall include a copy of the notice of

proposed exemption as published in the

Federal Register and shall inform

interested persons of their right to

comment and to request a hearing

(where appropriate).

SUPPLEMENTARY INFORMATION: The

proposed exemptions were requested in

applications filed pursuant to section

408(a) of the Act and/or section

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

accordance with procedures set forth in

29 CFR part 2570, subpart B (55 FR

32836, 32847, August 10, 1990).

Effective December 31, 1978, section

102 of Reorganization Plan No. 4 of

1978, 5 U.S.C. App. 1 (1996), transferred

the authority of the Secretary of the

Treasury to issue exemptions of the type

requested to the Secretary of Labor.

Therefore, these notices of proposed