Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Notices 10085

insurance policies (the Policies) issued

by Confederation Life Insurance

Company of Canada provided the

following conditions are satisfied: (a)

All terms and conditions of the Sale are

at least as favorable to the Plan as those

which the Plan could obtain in arm’slength transactions with unrelated

parties; (b) the Plan receives cash

consideration from each Sale that is no

less than the greater of (1) the fair

market value of the Policies as of the

date of the Sale, or (2) each of the

Policies’ net cash surrender value as of

the date of the Sale; and (C) the Plan

does not incur any expenses or suffer

any losses with respect to the

transactions.

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

December 30, 1996, at 61 FR 68798.

FOR FURTHER INFORMATION CONTACT: Mr.

C.E. Beaver of the Department,

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

a toll-free number.)

The Chase Manhattan Bank, N.A.

(Chase), Located in New York, New

York

(Prohibited Transaction Exemption 97–18;

Exemption Application No. D–10348)

Exemption

The restrictions of section 406(a) 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 (1) the granting to Chase, as the

representative of lenders (the Lenders)

participating in a credit facility, of

security interests in limited partnership

interests in LF Strategic Real Estate

Investors, L.P. (the Partnership) owned

by certain employee benefit plans (the

Plans) with respect to which some of the

Lenders are parties in interest; and (2)

the agreements by the Plans to honor

capital calls made by Chase in lieu of

the Partnership’s general partner;

provided that (a) the grants and

agreements are on terms no less

favorable to the Plans than those which

the Plans could obtain in arm’s-length

transactions with unrelated parties; and

(b) the decisions on behalf of each Plan

to invest in the Partnership and to

execute such grants and agreements in

favor of Chase are made by a fiduciary

which is not included among, and is

independent of, the Lenders and Chase.

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

December 30, 1996 at 61 FR 68799.

FOR FURTHER INFORMATION CONTACT: Gary

H. Lefkowitz of the Department,

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

a toll-free number.)

APA, Inc. 401(k) Profit Sharing Plan

(the Plan), Located in Pleasant Hill,

California

(Prohibited Transaction Exemption 97–19;

Exemption Application No. D–10375)

Exemption

The restrictions of sections 406(a),

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) (A) through (E) of

the Code, shall not apply to: (1) The

loan (the Loan) of $30,000 to Mr. Gary

Petsuch (Mr. Petsuch), a party in

interest with respect to the Plan, from

Mr. Petsuch’s segregated account (the

Account) in the plan, and (2) the

personal guarantee of the Loan by Mr.

Petsuch, provided the following

conditions are satisfied: (a) The terms of

the Loan are at least as favorable to the

Plan as those obtainable in an arm’slength transaction with an unrelated

party; (b) the loan does not exceed 25%

of the assets of the Account; (c) the Loan

is secured by a pledge of Mr. Petsuch’s

interest in an investment account which

has been currently valued by an

independent party as having a fair

market value approximately 280% of

the principal amount of the Loan; (d)

the account collateralizing the Loan will

be maintained at a collateral-to-Loan

ratio of not less than 200% throughout

the duration of the Loan; (e) Mr. Petsuch

has also personally guaranteed the Loan;

and (f) Mr. Petsuch is the only Plan

participant to be affected by the Loan.

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

January 14, 1997 at 62 FR 1924.

FOR FURTHER INFORMATION CONTACT: Gary

H. Lefkowitz of the Department,

telephone (202) 219–8881. (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, DC, this 28th day of

February, 1997.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

U.S. Department of Labor.

[FR Doc. 97–5431 Filed 3–4–97; 8:45 am]

BILLING CODE 4516–29–M

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

Agency Information Collection

Activities: Submission for OMB

Review; Comment Request

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Notice.

SUMMARY: NARA is giving public notice

that the agency has submitted to OMB

for approval the information collection

described in this notice. The public is

invited to comment on the proposed

information collections pursuant to the

Paperwork Reduction Act of 1995.
10086 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Notices

DATES: Written comments must be

submitted to OMB at the address below

on or before April 4, 1997 to be assured

of consideration.

ADDRESSES: Comments should be sent

to: Office of Information and Regulatory

Affairs, Office of Management and

Budget, Attn: Ms. Maya Bernstein, Desk

Officer for NARA, Washington, DC

20503.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the proposed information

collection and supporting statement

should be directed to Tamee Fechhelm

at telephone number 301–713–6730 or

fax number 301–713–6913.

SUPPLEMENTARY INFORMATION: Pursuant

to the Paperwork Reduction Act of 1995

(Pub. L. 104–13), NARA invites the

general public and other Federal

agencies to comment on proposed

information collections. NARA

published a notice of proposed

collection for this information collection

on December 27, 1996 (61 FR 68305).

No comments were received. NARA has

submitted the described information

collection to OMB for approval.

In response to this notice, comments

and suggestions should address one or

more of the following points: (a)

Whether the proposed collection

information is necessary for the proper

performance of the functions of NARA;

(b) the accuracy of NARA’s estimate of

the burden of the proposed information

collections; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; and (d)

ways to minimize the burden of the

collection of information on

respondents, including the use of

information technology. In this notice,

NARA is soliciting comments

concerning the following information

collection:

Title: Request to Microfilm Records.

OMB number: 3095–0017.

Agency form number: none.

Type of review: Regular.

Affected public: Companies and

organizations that wish to microfilm

archival holdings in the National

Archives of the United States or a

Presidential library for

micropublication.

Estimated number of respondents: 5.

Estimated time per response: 10

hours.

Frequency of response: On occasion

(when respondent wishes to request

permission to microfilm records).

Estimated total annual burden hours:

50.

Abstract: The information collection

is prescribed by 36 CFR 1254.92. The

collection is prepared by companies and

organizations that wish to microfilm

archival holdings with privately-owned

equipment. NARA uses the information

to determine whether the request meets

the criteria in 36 CFR 1254.94, to

evaluate the records for filming and to

schedule use of the limited space

available for filming.

Dated: February 27, 1997.

L. Reynolds Cahoon,

Assistant Archivist for Human Resources and

Information Services.

[FR Doc. 97–5367 Filed 3–4–97; 8:45 am]

BILLING CODE 7515–01–P

NATIONAL CREDIT UNION

ADMINISTRATION

Sunshine Act Meeting; Notice of

Change in Time and Date of Meetings

The National Credit Union

Administration Board determined that

its business requires the previously

announced (Federal Register, 62 FR

9213, February 28, 1997) open meeting

schedule scheduled for 10:00 a.m.,

Thursday, March 6, 1997 and the closed

meeting scheduled for 11:30 a.m.,

Thursday, march 6, 1997, to be

rescheduled.

TIME AND DATE: 8:10 a.m., Friday, March

7, 1997.

PLACE: Board Room, 7th Floor, Room

7047, 1775 Duke Street, Alexandria, VA

22314–3428.

STATUS: Open.

BOARD BRIEFING: 1. Insurance Fund

Report.

MATTERS TO BE CONSIDERED:

1. Approval of Minutes of Previous

Open Meeting.

2. Requests from Federal Credit

Unions to Convert to a Community

Charter.

3. Charter Application from the

Proposed First Combined Community

Federal Credit Union.

4. Request from a Corporate Federal

Credit Union for a Field of Membership

amendment.

5. Final Rule: Part 704, NCUA’s Rules

and Regulations, Corporate Credit

Unions.

6. Proposed Rule: Request for

Comments on Federal Credit Union

Bylaws.

7. Advance Notice of Proposed

Rulemaking: Request for Comments on

Interpretive Rulings and Policy

Statements (IRPS).

8. Proposed Rule: Amendments to

Section 701.26(b), 701.27, and 740.3(c),

and addition of part 712, NCUA’s Rules

and Regulations, Credit Union Service

Contracts, Credit Union Service

Organizations, and Advertising.

RECESS: 10:00 a.m.

TIME AND DATE: 10:15 a.m., Friday,

March 7, 1997.

PLACE: Board Room, 7th Floor, Room

7047, 1775 Duke Street, Alexandria, VA

22314–3428.

STATUS: Closed.

MATTERS TO BE CONSIDERED:

1. Approval of Minutes of Previous

Closed Meeting.

2. Administrative Actions under

Section 206 of the Federal Credit Union

Act. Closed pursuant to exemptions (5),

(7), (8), (9)(A)(ii), and (9)(B).

3. Personnel Action(s). Closed

pursuant to exemptions (2) and (6).

FOR FURTHER INFORMATION CONTACT:

Becky Baker, Secretary of the Board,

Telephone (703)–518–6304.

Becky Baker,

Secretary of the Board.

[FR Doc. 97–5483 Filed 2–28–97; 4:54 pm]

BILLING CODE 7535–01–M

NATIONAL TRANSPORTATION

SAFETY BOARD

Sunshine Act Meeting

TIME: 9:30 a.m., Wednesday, March 12,

1997.

PLACE: The Board Room, 5th Floor, 490

L’Enfant Plaza SW., Washington, DC

20594.

STATUS: Open.

MATTERS TO BE DISCUSSED: 6598A

Marine Accident Report: Grounding of

the Panamanian Passenger Ship ROYAL

MAJESTY on Rose and Crown Shoal

near Nantucket, Massachusetts, June 10,

1995.

News Media Contact: Telephone:

(202) 314–6100.

FOR MORE INFORMATION CONTACT:

Bea Hardesty, (202) 314–6065.

Dated: February 28, 1997.

Bea Hardesty,

Federal Register Liaison Officer.

[FR Doc. 97–5482 Filed 3–28–97; 4:55 pm]

BILLING CODE 7533–01–P

NUCLEAR REGULATORY

COMMISSION

Documents Containing Reporting or

Recording Requirements: Office of

Management and Budget (OMB)

Review

AGENCY: U.S. Nuclear Regulatory

Commission (NRC).

ACTION: Notice of the OMB review of

information collection and solicitation

of public comment.