4042 Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Notices

If additional information is required

contact: Ms. Brenda E. Dyer, Deputy

Clearance Officer, United States

Department of Justice, Information

Management and Security Staff, Justice

Management Division, Suite 1220,

National Place Building, 1331

Pennsylvania Ave. NW, Washington, DC

20530.

Dated: January 10, 2001.

Brenda E. Dyer,

Department Deputy Clearance Officer, United

States Department of Justice.

[FR Doc. 01–1310 Filed 1–16–01; 8:45 am]

BILLING CODE 4410–18–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Prohibited Transaction Exemption 2001–

01; Exemption Application Nos. D–10713,

D–10714, D–10715, D–10716, and D–10717

et al.]

Grant of Individual Exemptions;

General Motors Hourly-Rate

Employees Pension Plan; General

Motors Retirement Program for

Salaried Employees; Saturn Individual

Retirement Plan for Represented Team

Members; Saturn Personal Choices

Retirement Plan for Non-Represented

Team Members; Employees’

Retirement Plan for GMAC Mortgage

Group; Delphi Hourly-Rate Employees

Pension Plan; and Delphi Retirement

Program for Salaried Employees

(Collectively, the Plans)

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

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.

General Motors Hourly-Rate Employees

Pension Plan; General Motors Retirement

Program for Salaried Employees; Saturn

Individual Retirement Plan for Represented

Team Members; Saturn Personal Choices

Retirement Plan for Non-Represented Team

Members; Employees’ Retirement Plan for

GMAC Mortgage Group; Delphi Hourly-Rate

Employees Pension Plan; and Delphi

Retirement Program for Salaried Employees

(Collectively, the Plans) Located in New

York, New York

[Prohibited Transaction Exemption 2001–01;

Exemption Application Nos. D–10713; D–

10714; D–10715; D–10716; and D–10717]

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 past and continuing lease (the

Lease) by the Plans to CB Richard Ellis,

Inc. (CB Richard Ellis), a party in

interest with respect to the Plans, of

commercial space in a certain office

building; and (2) the exercise, by CB

Richard Ellis, of an option to renew the

Lease for one additional term, provided

that the following conditions are met:

(a) All the terms and conditions of the

Lease, including those providing CB

Richard Ellis with an option to renew

the Lease, are at least as favorable to the

Plans as terms and conditions the Plans

could have obtained in an arm’s length

transaction with an unrelated party;

(b) The interests of the Plans for all

purposes under the Lease, including any

renewal thereof, are represented by a

qualified, independent fiduciary;

(c) The rent paid by CB Richard Ellis

under the Lease, including any renewal

thereof, is, at all times, no less than the

fair market rental value of the leased

space; and

(d) The independent fiduciary

monitors the Lease, and any renewal

thereof, on behalf of the Plans, and takes

whatever actions necessary to safeguard

the interests of the Plans and their

participants and beneficiaries.

EFFECTIVE DATE: This exemption is

effective as of December 17, 1998, the

date on which CB Richard Ellis entered

into the Lease.

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 (the Notice)

published on October 19, 2000 at 65 FR

62761.

Notice to Interested Persons: The

applicant was unable to notify

interested persons within the time

period specified in the Notice. However,

the applicant stated that interested

persons, including the appropriate

fiduciaries of the Plans, were notified in

the manner and time agreed to by the

Department, by November 18, 2000.

Interested persons were informed that

they had 30 days to submit any written

comments regarding the Notice to the

Department. No written comments were

received by the Department.

FOR FURTHER INFORMATION CONTACT: Ms.

Karin Weng of the Department,

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

a toll-free number.)

Care Services Employees’ 401(k) Profit

Sharing Plan and Trust (the Plan) Located in

Beachwood, OH

[Prohibited Transaction Exemption 2001–02;

Exemption Application No. D–10771]

Exemption

The restrictions of sections 406(a) and

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 the (1) cash

sale by the Plan, occurring on December

30, 1997, of certain assets (the Assets),

to Mr. Warren L. Wolfson, a party in

interest with respect to the Plan; and (2)

the prospective cash resale of the Assets

by the Plan to Mr. Wolfson.

Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Notices 4043

1Pursuant to 29 CFR 2510.3–2(d), the IRAs are

not within the jurisdiction of Title I of the Act.

However, there is jurisdiction under Title II of the

Act, pursuant to section 4975 of the Code.

This exemption is subject to the

following conditions:

(a) Each sale of the Assets was or will

be a one-time transaction for cash.

(b) The Plan received or will receive

no less than the fair market value of the

Assets at the time of each sale.

(c) The sales price for each Asset was

determined or will be determined by a

qualified, independent appraiser at the

time of each sale transaction.

(d) The terms of the past and

prospective sales transactions were or

will be no less favorable to the Plan than

those obtainable in similar transactions

negotiated at arm’s length with

unrelated parties.

(e) The Plan did not incur any fees or

commissions in connection with the

past sale of the Assets nor will it incur

any fees or commissions expenses with

respect to the prospective sale of such

Assets.

(f) Within 60 days of the publication,

in the Federal Register, of the notice

granting this proposed exemption, Mr.

Wolfson will file a Form 5330 with the

Internal Revenue Service and pay all

appropriate excise taxes that may be due

and owing with respect to prohibited

transactions arising in connection with

certain of the Assets.

EFFECTIVE DATE: This exemption is

effective as of December 30, 1997 with

respect to the initial sale of the Assets

by the Plan to Mr. Wolfson. In addition,

this exemption is effective as of the date

of the grant with respect to the resale of

the Assets by the Plan to Mr. Wolfson.

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

October 31, 2000 at 65 FR 65011.

FOR FURTHER INFORMATION CONTACT: Ms.

Jan D. Broady, Department of Labor,

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

a toll-free number.)

IRAs for Eldon Nysether and Mark Nysether

(the IRAs) Located in Seattle, Washington

[Prohibited Transaction Exemption 2001–

03; Exemption Application Nos. D–10901

and D–10902]

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 proposed sale by the IRAs of their

interests in certain improved real

property (the Property) to Sea-Land

Development Corporation, a

disqualified person with respect to the

IRAs,1 provided that the following

conditions are satisfied: (1) The sale is

a one-time transaction for cash; (2) the

IRAs pay no commissions nor other

expenses relating to the sale; and (3) the

sale price received by the IRAs equals

the Property’s fair market value, as of

the date of the sale, as established by a

qualified, independent appraiser.

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 6, 2000 at 65 FR 76292.

FOR FURTHER INFORMATION CONTACT: Ms.

Karin Weng 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 accurately describes all

material terms of the transaction which

is the subject of the exemption.

Signed at Washington, D.C., this 10th day

of January, 2001.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

U.S. Department of Labor.

[FR Doc. 01–1196 Filed 1–16–01; 8:45 am]

BILLING CODE 4510–29–P

FEDERAL MINE SAFETY AND HEALTH

REVIEW COMMISSION

Sunshine Act Meeting

January 10, 2001.

TIME AND DATE: 2:00 p.m., Wednesday,

January 10, 2001.

PLACE: Room 6005, 6th Floor, 1730 K

Street, NW., Washington, DC.

STATUS: Closed [Pursuant to 5 U.S.C.

552b(c)(10)].

MATTERS TO BE CONSIDERED: It was

determined by a unanimous consent

vote of the Commission that the

Commission consider and act upon the

following in closed session:

1. Disciplinary Matter, Docket No. D

2000–1.

2. Disciplinary Matter, Docket No. D

2001–1.

No earlier announcement of the

meeting was possible.

CONTACT PERSON FOR FURTHER

INFORMATION: Jean Ellen (202) 653–5629/

(202) 708–9300 for TDD Relay/1–800–

877–8339 for toll free.

Jean H. Ellen,

Chief Docket Clerk.

[FR Doc. 01–1482 Filed 1–12–01; 12:40 pm]

BILLING CODE 6735–01–M

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[Notice 01–005]

Aerospace Safety Advisory Panel

(ASAP); Meeting

AGENCY: National Aeronautics and

Space Administration.

ACTION: Notice of meeting.

SUMMARY: In accordance with the

Federal Advisory Committee Act, Pub.

L. 92–463, as amended, the National

Aeronautics and Space Administration

announces a forthcoming meeting of the

Aerospace Safety Advisory Panel.

DATES: Thursday, February 8, 2001, 1:00

p.m. to 2:30 p.m.

ADDRESSES: National Aeronautics and

Space Administration, 300 E Street,

SW., Room 9H40, Washington, DC

20546.