60470 Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Notices

31The Department notes that this proposed

exemption would not permit any leasing of the

Condo to, or use of the condo by, a party in interest

with respect to the Plan (e.g., employees of PCC).

Account. Thus, the Condo will not be

used by the Hunnicutts after the

purchase by the Account.31 The

applicant represents that the Condo is

not adjacent to any other property

owned by the Hunnicutts.

3. The Property, located at 314

Padgetts Ordinary, Williamsburg,

Virginia, was appraised on January 27,

2000 (the Appraisal). The Appraisal was

prepared by R. Epes McMurran, Jr., SRA

(Mr. McMurran), who is an independent

Virginia state certified appraiser. Mr.

McMurran is employed with Barker and

Associates, Inc., a real estate firm

located in Newport News, Virginia. In

the Appraisal, Mr. McMurran states that

the Condo consists of 1,686 square feet

and contains, among other things, three

bedrooms and three baths. The common

elements include a storage area,

swimming pool, tennis courts, and

clubhouse. Mr. McMurran represents in

the Appraisal that the monthly home

owners association unit charge for the

Condo is $237 (the Condo Fee). Mr.

McMurran states further that the Condo

has been well maintained, has received

periodic maintenance, and is in readily

marketable condition. Mr. McMurran

relied primarily on the sales comparison

approach to value the Condo. Based on

an analysis of recent sales of similar

properties in the local real estate area,

Mr. McMurran determined that the fair

market value of the Property was

$285,000, as of January 27, 2000.

4. The applicant maintains that after

the Account acquires the Condo, the

Condo will be leased to independent

third parties only. The applicant

represents that the Condo could yield

annual rental income for the Account in

the range of $80,000 to $85,000. In this

regard, the applicant submitted a

statement dated November 30, 1999,

from Barbara Eddins (Ms. Eddins),

Rental Property Manager of Kingsmill

Resort, located in Williamsburg,

Virginia. Ms. Eddins states that possible

rental revenue income for 3 bedroom

condominiums in the Padgett’s

Ordinary area of Kingsmill Resort may

be in the range of $80,000 to $85,000

during any calendar year. The applicant

also represents that after the transaction

is consummated, the Account will pay

the monthly Condo Fee for the Condo.

5. The applicant now proposes that

the Account purchase the Condo from

the Hunnicutts in a one-time cash

transaction. After the proposed

purchase, the Condo will represent

approximately 14% of the Account’s

total assets. The applicant represents

that the proposed transaction would be

in the best interest and protective of the

Account and the Plan because the

Account and the Plan will pay no

expenses or commissions associated

with the purchase. The Account will

pay the Hunnicutts the current fair

market value of the Condo, as

determined by an independent qualified

appraiser at the time of the transaction.

The acquisition of the Condo by the

Account will diversify the Account’s

portfolio, and will enable the Account

to realize an annual return of

approximately 28 percent (28%) if the

Condo can be fully leased throughout

the year.

6. In summary, the applicant

represents that the transaction satisfies

the statutory criteria of section 408(a) of

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

Code because:

(a) The proposed purchase of the

Condo by the Account will be a onetime cash transaction;

(b) The Account will pay the

Hunnicutts the current fair market value

for the Condo, as established at the time

of the transaction by an independent

qualified appraiser;

(c) The Condo will represent

approximately 14% of the Account’s

total assets at the time of the

transaction;

(d) The transaction will enable the

Account to acquire the Condo, which is

expected to be a valuable asset that will

yield significant rental income; and

(e) Mr. Hunnicutt is the only

participant in the Plan that will be

affected by this transaction, and he

desires that the transaction be

consummated.

Notice to Interested Persons

Because Mr. Hunnicutt is the only

participant in the Plan that will be

affected by the proposed transaction, it

has been determined that there is no

need to distribute the notice of proposed

exemption to interested persons.

Comments and requests for a hearing are

due thirty (30) days from the date of

publication of this notice in the Federal

Register.

FOR FURTHER INFORMATION CONTACT:

Ekaterina A. Uzlyan of the Department

at (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 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 4th day of

October, 2000.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

U.S. Department of Labor.

[FR Doc. 00–26028 Filed 10–10–00; 8:45 am]

BILLING CODE 4510–29–P

MEDICARE PAYMENT ADVISORY

COMMISSION

Commission Meeting

AGENCY: Medicare Payment Advisory

Commission.

ACTION: Notice of meeting.

SUMMARY: The Commission will hold its

next public meeting on Thursday,

October 19, 2000, and Friday, October

Federal Register / Vol. 65, No. 197 / Wednesday, October 11, 2000 / Notices 60471

20, 2000, at the Ronald Reagan Building,

International Trade Center, 1300

Pennsylvania Avenue, NW.,

Washington, DC. The meeting is

tentatively scheduled to begin at 10 a.m.

to October 19, and at 9 a.m. on October

20.

Topics for discussion include: Issues

in risk-adjusting payments to

Medicare+Choice plans; Medicare

MSAs; meeting Medicare+Choice

program goals; proposed work plan for

regulatory burden study; post-surgical

recovery care centers; developing input

price indexes for all health care settings;

ESRD payment issues; issues in postacute care, including case-mix changes

in skilled nursing facilities, payment

policy for speciality psychiatric

facilities, and the feasibility of

developing clinical indicators for

evaluating use; and options to reduce

beneficiary coinsurance for hospital

outpatient department services.

Agendas will be mailed on October

11, 2000. The final agenda will be

available on the Commission’s website

(www.MedPAC.gov).

ADDRESSES: MedPAC’s address is: 1730

K Street, NW., Suite 800, Washington,

DC 20006. The telephone number is

(202) 653–7220.

FOR FURTHER INFORMATION CONTACT:

Diane Ellison, Office Manager, (202)

653–7220.

Murray N. Ross,

Executive Director.

[FR Doc. 00–25985 Filed 10–10–00; 8:45 am]

BILLING CODE 6820–BW–M

NATIONAL COUNCIL ON DISABILITY

Advisory Committee Meeting

AGENCY: National Council on Disability

(NCD).

SUMMARY: This notice sets forth the

schedule of the forthcoming meeting, in

teleconference format, for NCD’s Youth

Advisory Committee. Notice of this

meeting is required under Section

10(a)(1)(2) of the Federal Advisory

Committee Act (Pub. L. 92–463).

Youth Advisory Committee: The

purpose of NCD’s Youth Advisory

Committee is to provide input into NCD

activities consistent with the values and

goals of the Americans with Disabilities

Act.

Date: November 15, 2000, 4 p.m.–5

p.m. EST.

Location: 1331 F Street, NW., Suite

1050, Washington, DC.

For Youth Advisory Committee

Information Contact: Gerrie Drake

Hawkins, Ph.D., Program Specialist,

National Council on Disability, 1331 F

Street NW., Suite 1050, Washington, DC

20004; 202–272–2004 (voice), 202–272–

2074 (TTY), 202–272–2022 (fax),

ghawkins@ncd.gov (e-mail).

Agency Mission: The National Council

on Disability is an independent federal

agency composed of 15 members

appointed by the President of the

United States and confirmed by the U.S.

Senate. Its overall purpose is to promote

policies, programs, practices, and

procedures that guarantee equal

opportunity for all people with

disabilities, regardless of the nature or

severity of the disability; and to

empower people with disabilities to

achieve economic self-sufficiency,

independent living, and inclusion and

integration into all aspects of society.

This committee is necessary to

provide advice and recommendations to

NCD on disability issues.

We currently have a membership

reflecting our nation’s diversity and

representing a variety of disabling

conditions from across the United

States.

Open Meeting: This advisory

committee meeting, in teleconference

format, of the National Council on

Disability will be open to the public.

However, due to fiscal constraints and

staff limitations, a limited number of

additional lines will be available. Those

interested in joining the meeting should

contact the appropriate staff member

listed above. Space is limited.

Records will be kept of all Youth

Advisory Committee meetings calls and

will be available after the meeting for

public inspection at the National

Council on Disability.

Signed in Washington, DC, on October 5,

2000.

Jeffrey T. Rosen,

General Counsel and Director of Policy.

[FR Doc. 00–26035 Filed 10–10–00; 8:45 am]

BILLING CODE 6820–MA–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. 030–32990; License No. 47–

25225–01; EA–00–118]

In the Matter of Bass Energy, Inc.

Bruceton Mills, West Virginia 26525;

Order Imposing Civil Monetary Penalty

I

Bass Energy, Inc. (Licensee) is the

previous holder of Materials License No.

47–25225–01 originally issued by the

Nuclear Regulatory Commission (NRC)

on December 15, 1992, and amended on

September 2, 1998. The License has

subsequently been transferred to

another entity. The license authorized

Bass Energy, Inc. to possess and use

sealed sources registered pursuant to 10

CFR 32.210 or an equivalent Agreement

State regulation and contained in a Scan

Technologies Model 3500 fixed gauging

device.

II

An investigation of the Licensee’s

activities was initiated by the NRC

Office of Investigations (OI) on

November 3, 1999, and an NRC

inspection conducted on September 28,

1999. The results of the investigation

and inspection revealed that the

licensee had not conducted its activities

in full compliance with NRC

requirements. A written Notice of

Violation and Proposed Imposition of

Civil Penalty (Notice) was served upon

the Licensee by letter dated June 30,

2000. The Notice stated the nature of the

violations, the provisions of the NRC’s

requirements that the Licensee violated,

and the amount of the civil penalty

proposed for the violations.

To date, the Licensee has not

responded to the Notice or paid the civil

penalty. Additionally, telephone calls

were initiated on August 16,18, 25 and

30, and September 1, 2000 by Mr. Mark

Lesser, Acting Deputy Director, Division

of Nuclear Materials Safety, NRC,

Region II, to Mr. Thomas, President of

Bass Energy, Inc., and his attorney

concerning Bass Energy’s intent to

respond to the Notice or pay the civil

penalty. Mr. Thomas has declined to

discuss the matter and his attorney has

not returned Mr. Lesser’s calls.

III

After consideration of the Licensee’s

failure to respond to the Notice and pay

the proposed civil penalty, the NRC staff

has determined, that the civil penalty in

the amount of $8,800 for the violations

described in the Notice should be

imposed.

IV

In view of the foregoing and pursuant

to Section 234 of the Atomic Energy Act

of 1954, as amended (Act), 42 U.S.C.

2282, 10 CFR 2.201 and 10 CFR 2.205,

It Is Hereby Ordered That:

(A) The Licensee pay a civil penalty

in the amount of $8,800 within 30 days

of the date of this Order, in accordance

with NUREG/BR–0254. In addition, at

the time of making payment, the

Licensee shall submit a statement

indicating when and by what method

payment was made, to the Director,

Office of Enforcement, U.S. Nuclear

Regulatory Commission, One White

Flint North, 11555 Rockville Pike,

Rockville, MD 20852–2738, and