Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 / Notices 36963

3Because Dr. Breland is the only participant in

the Plan, there is no jurisdiction under 29 CFR

2510.3–3(b). However, there is jurisdiction under

Title II of the Act pursuant to section 4975 of the

Code.

4Pursuant to CFR 2510.3–3(b) and (c), the

Department has no jurisdiction with respect to the

Plans under Title I of the Act. However, there is

jurisdiction under Title II of the Act pursuant to

section 4975 of the Code.

subject to the modifications or

clarifications described above.

For Further Information Contact: Ms.

Jan D. Broady of the Department,

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

a toll-free number.)

Breland Investments, Inc. Profit

Sharing Plan and Trust (the Plan)

Located in Phoenix, Arizona

[Prohibited Transaction Exemption 98–33;

Exemption Application No: D–10529]

Exemption

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 proposed loan (the Loan) by

the individually directed account (the

Account) in the Plan 3 of Dr. Albert E.

Breland (Dr. Breland), to Mesa

Scholastic Enterprises, a disqualified

person with respect to the Plan, and (2)

the personal guarantee of the Loan by

Dr. Breland, a disqualified person with

respect to the Plan, provided the

following conditions are satisfied:

(a) the terms of the Loan are at least

as favorable to the Account as those

obtainable in an arm’s length

transaction with an unrelated party;

(b) the amount of the Loan does not

exceed 25% of the assets in the

Account;

(c) the Loan is secured by a first deed

of trust on the commercial real property,

which has been appraised by a qualified

independent appraiser to have a fair

market value not less than 150% of the

outstanding balance of the Loan

throughout its duration;

The Department received no

comments or requests for a hearing in

response to the Notice of Proposed

Exemption (the Notice) published on

Friday, May 29, 1998 at 63 FR 29458.

However, in the paragraph entitled

‘‘Notice to Interested Persons’’

contained in the Notice, the word

‘‘Overland’’ should be deleted and the

word ‘‘Breland’’ should be inserted in

lieu thereof.

For a more complete statement of the

summary of facts and representations

supporting the Department’s decision to

grant this exemption, refer to the Notice.

For Further Information Contact: Mr.

James Scott Frazier, telephone (202)

219–8881. (This is not a toll-free

number).

Karen J. Hartley Profit Sharing Plan (P/

S Plan) and Karen J. Hartley Money

Purchase Pension Plan and Trust

Agreement (M/P Plan, collectively; the

Plans) Located in Eugene, Oregon

[Prohibited Transaction Exemption 98–34;

Exemption Application Nos. D–10588 and D–

10589]

Exemption

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 the loan (the Loan) by the Plans to

Karen J. Hartley, the trustee and sole

participant of the Plans and, a

disqualified person with respect to the

Plans; 4 provided that the following

conditions will be met:

1. The Loan will be structured such

that each Plan will lend up to 25% of

its assets. However, the aggregate

amount of the Loan will not exceed

$40,000 at any time;

2. The outstanding balance of the

Loan will at no time exceed 25% of the

Plans’ aggregate assets;

3. The Plans will bear no expenses

with respect to the proposed

transaction;

4. The terms and conditions of the

Loan will be at least as favorable to the

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

party; and

5. The Loan will be adequately

secured by collateral, which at all times

will be equal to 100% of the outstanding

principal amount of the Loan plus 6

months interest at the Loan’s interest

rate of 8.2%. In the event the collateral

amount falls below this required

amount, this exemption will no longer

be available.

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 May

18, 1998 at 63 FR 27332.

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 to which the exemptions do

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, DC, this 1st day of

July 1998.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

Department of Labor.

[FR Doc. 98–18010 Filed 7–7–98; 8:45 am]

BILLING CODE 4510–29–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[98–092]

Notice of Agency Reports Under OMB

Review

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Notice of agency report forms

under OMB review.

SUMMARY: The National Aeronautics and

Space Administration, as part of its

continuing effort to reduce paperwork

and respondent burden, invites the

general public and other Federal

agencies to take this opportunity to

comment on proposed and/or

continuing information collections, as

required by the Paperwork Reduction

Act of 1995 (Public Law 104–13, 44

U.S.C. 3506(c)(2)(A)).
36964 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 / Notices

DATES: All comments should be

submitted on or before September 8,

1998.

ADDRESSES: All comments should be

addressed to Ms. Darlene Ahalt,

Goddard Space Flight Center, Greenbelt,

MD.

FOR FURTHER INFORMATION CONTACT:

Ms. Carmela Simonson, NASA Reports

Officer, (202) 358–1223.

Title: Application for Volunteer

Program.

OMB Number: 2700–0057.

Type of Review: Extension.

Need and Uses: The application is

used to be considered as a Goddard

Space Flight center Visitor Center

Volunteer.

Affected Public: Individuals or

households, Business or other for-profit,

Not-for-profit institutions, Farms,

Federal Government, State, local or

Tribal Government.

Number of Respondents: 50.

Responses Per Respondent: 1.

Annual Responses: 50.

Hours Per Request: 1.

Annual Burden Hours: 50.

Frequency of Report: On occasion.

Donald J. Andreotta,

Deputy Chief Information Officer

(Operations), Office of the Administrator.

[FR Doc. 98–18127 Filed 7–7–98; 8:45 am]

BILLING CODE 7510–01–U

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[98–091]

Notice of Agency Reports Under OMB

Review

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Notice of agency report forms

under OMB review.

SUMMARY: The National Aeronautics and

Space Administration, as part of its

continuing effort to reduce paperwork

and respondent burden, invites the

general public and other Federal

agencies to take this opportunity to

comment on proposed and/or

continuing information collections, as

required by the Paperwork Reduction

Act of 1995 (Public Law 104–13, 44

U.S.C. 3506(c)(2)(A)). This is a

voluntary satisfaction survey of partners

that are familiar with the Agency’s

operations.

DATES: All comments should be

submitted on or before September 8,

1998.

ADDRESSES: All comments should be

addressed to Ms. Carrie Sorrels, Code S,

National Aeronautics and Space

Administration, Washington, DC 20546–

0001.

FOR FURTHER INFORMATION CONTACT: Ms.

Carmela Simonson, NASA Reports

Officer, (202) 358–1223.

Title: Grants Proposal Writers and

Peer Reviewers Customer Satisfaction

Surveys. OMB Number: 2700–0084.

Type of review: Reinstatement.

Need and Uses: The survey

information will be used by NASA to

improve the efficiency, quality, and

timeliness of its grant process, as well

as to strengthen its partnership with

external customers.

Affected Public: Not-for-profit

institutions, Federal Government.

Number of Respondents: 930.

Responses Per Respondent: 1.

Annual Responses: 744.

Hours Per Request: 15 min.

Annual Burden Hours: 62.

Frequency of Report: On occasion.

Donald J. Andreotta,

Deputy Chief Information Officer

(Operations), Office of the Administrator.

[FR Doc. 98–18128 Filed 7–7–98; 8:45 am]

BILLING CODE 7510–01–U

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the Arts

Combined Arts Panel

Pursuant to Section 10(a)(2) of the

Federal Advisory Committee Act (Public

Law 92–463), as amended, notice is

hereby given that a meeting of the

Combined Arts Panel, Literature Section

(Creation & Presentation and Planning &

Stabilization categories) to the National

Council on the Arts will be held on

August 4–6, 1998. The panel will meet

from 9:00 a.m. to 7:00 p.m. on August

4 and August 5, and from 9:00 a.m. to

5:00 p.m. on August 6, in Room M–07

at the Nancy Hanks Center, 1100

Pennsylvania Avenue, NW, Washington,

DC, 20506. A portion of this meeting,

from 9:00 a.m. to 11:00 a.m. on August

6, will be open to the public for a policy

discussion on field issues and needs,

Leadership Initiatives, Millennium

projects, and guidelines. The remaining portions of this

meeting, from 9:00 a.m. to 7:00 p.m. on

August 4 and August 5, and from 11:00

a.m. to 5:00 p.m. on August 6, are for

the purpose of Panel review, discussion,

evaluation, and recommendation on

applications for financial assistance

under the National Foundation on the

Arts and the Humanities Act of 1965, as

amended, including information given

in confidence to the agency by grant

applicants. In accordance with the

determination of the Chairman of May

14, 1998, these sessions will be closed

to the public pursuant to subsection (c)

(4), (6) and (9)(B) of section 552b of Title

5, United States Code.

Any person may observe meetings, or

portions thereof, of advisory panels

which are open to the public, and, if

time allows, may be permitted to

participate in the panel’s discussions at

the discretion of the panel chairman and

with the approval of the full-time

Federal employee in attendance.

If you need special accommodations

due to a disability, please contact the

Office of AccessAbility, National

Endowment for the Arts, 1100

Pennsylvania Avenue, NW, Washington,

DC 20506, 202/682–5532, TDY–TDD

202/682–5496, at least seven (7) days

prior to the meeting.

Further information will reference to

this meeting can be obtained from Ms.

Kathy Plowitz-Worden, Office of

Guidelines & Panel Operations, National

Endowment for the Arts, Washington,

DC, 20506, or call 202/682–5691.

Dated: July 1, 1998.

Kathy Plowitz-Worden,

Panel Coordinator, Panel Operations,

National Endowment for the Arts.

[FR Doc. 98–17994 Filed 7–7–98; 8:45 am]

BILLING CODE 7537–01–M

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the Arts

Combined Arts Panel

Pursuant to Section 10(a)(2) of the

Federal Advisory Committee Act (Pub.

L. 92–463), as amended, notice is hereby

given that a meeting of the Combined

Arts Panel, Multidisciplinary Section

(Planning & Stabilization category) to

the National Council on the Arts will be

held on August 4–5, 1998. The panel

will meet from 9:00 a.m. to 5:30 p.m. on

August 4 and from 9:00 a.m. to 4:30

p.m. on August 5, in Room 716 at the

Nancy Hanks Center, 1100 Pennsylvania

Avenue, NW, Washington, DC, 20506. A

portion of this meeting, from 11:00 a.m.

to 12:30 p.m. on August 5, will be open

to the public for a policy discussion on

field issues and needs, Leadership

Initiatives, Millennium projects, and

guidelines.

The remaining portions of this

meeting, from 9:00 a.m. to 5:30 p.m. on

August 4 and from 12:30 p.m. to 4:30

p.m. on August 5, are for the purpose of

Panel review, discussion, evaluation,

and recommendation on applications

for financial assistance under the

National Foundation on the Arts and the

Humanities Act of 1965, as amended,