Vous êtes sur la page 1sur 4

Federal Register / Vol. 62, No.

226 / Monday, November 24, 1997 / Notices 62619

Dated: November 18, 1997. estimated public burden and associated who were mailed a copy of an OJJDP
John K. Rabiej, response time, should be directed to the Bulletin on the topic of curfew.
Chief, Rules Committee Support Office. Office of Management and Budget, (5) An estimate of the total number of
[FR Doc. 97–30767 Filed 11–21–97; 8:45 am] Office of Information and Regulatory respondents and the amount of time
BILLING CODE 2210–01–M
Affairs, Attention: Department of Justice estimated for an average respondent to
Desk Officer, Washington, DC 20503. respond: 2,000 respondents at 1 minute
Additionally, comments may be per response.
JUDICIAL CONFERENCE OF THE submitted to OMB via facsimile to 202– (6) An estimate of the total public
UNITED STATES 395–7285. Comments may also be burden (in hours) associated with the
submitted to the Department of Justice collection: 33.3 annual burden hours.
Meeting of the Judicial Conference (DOJ), Justice Management Division, Public comment on this proposed
Committee on Rules of Practice and Information Management and Security information collection is strongly
Procedure Staff, Attention: Department Clearance encouraged.
Officer, Suite 850, 1001 G Street, NW., Dated: November 18, 1997.
AGENCY: Judicial Conference of the
Washington, DC 20530. Additionally,
United States, Committee on Rules of Robert B. Briggs,
comments may be submitted to DOJ via
Practice and Procedure. Department Clearance Officer, United States
facsimile to 202–514–1534. Written Department of Justice.
ACTION: Notice of open meeting.
comments and suggestions from the
[FR Doc. 97–30759 Filed 11–21–97; 8:45 am]
SUMMARY: The Committee on Rules of public and affected agencies should
BILLING CODE 4410–18–M
Practice and Procedure will hold a two- address one or more of the following
day meeting. The meeting will be open points:
to public observation but not (1) Evaluate whether the proposed
collection of information is necessary DEPARTMENT OF LABOR
participation.
DATE: January 8–9, 1998. for the proper performance of the
Pension and Welfare Benefits
TIME: 8:30 a.m.–5:00 p.m.
functions of the agency, including
Administration
whether the information will have
ADDRESS: Fess Parker’s Double Tree
practical utility; [Prohibited Transaction Exemption 97–61;
Hotel, 633 East Cabrillo Boulevard, Exemption Application No. D–09685, et al.]
(2) Evaluate the accuracy of the
Santa Barbara, California.
agency’s estimate of the burden of the
FOR FURTHER INFORMATION CONTACT: John proposed collection of information, Grant of Individual Exemptions;
K. Rabiej, Chief, Rules Committee including the validity of the EBPLife Insurance Company
Support Office, Administrative Office of methodology and assumptions used;
the United States Courts, Washington, AGENCY: Pension and Welfare Benefits
(3) Enhance the quality, utility, and Administration, Labor.
D.C. 20544, telephone (202) 273–1820. clarity of the information to be ACTION: Grant of individual exemptions.
Dated: November 18, 1997. collected; and
John K. Rabiej, (4) Minimize the burden of the SUMMARY: This document contains
Chief, Rules Committee Support Office. collection of information on those who exemptions issued by the Department of
[FR Doc. 97–30768 Filed 11–21–97; 8:45 am] are to respond, including through the Labor (the Department) from certain of
BILLING CODE 2210–55–M
use of appropriate automated, the prohibited transaction restrictions of
electronic, mechanical, or other the Employee Retirement Income
technological collection techniques or Security Act of 1974 (the Act) and/or
DEPARTMENT OF JUSTICE other forms of information technology, the Internal Revenue Code of 1986 (the
e.g., permitting electronic submission of Code).
Office of Juvenile Justice and responses. Notices were published in the Federal
Delinquency Prevention Overview of this information Register of the pendency before the
collection: Department of proposals to grant such
Office of Justice Programs; Agency (1) Type of information Collection: exemptions. The notices set forth a
Information Collection Activities: Extension of a currently approved summary of facts and representations
Extension of a Currently Approved collection. contained in each application for
Collection; Comments Requested (2) Title of the Form/Collection: A 1- exemption and referred interested
Minute Survey on Curfews. persons to the respective applications
ACTION: Notice of information collection
under review; a 1-minute survey on (3) Agency form number, if any, and for a complete statement of the facts and
curfews. the applicable component of the representations. The applications have
Department sponsoring the collection: been available for public inspection at
The Department of Justice, Office of Form, None; Sponsoring component, the Department in Washington, D.C. The
Juvenile Justice and Delinquency Office of Juvenile Justice and notices also invited interested persons
Prevention previously published this Delinquency Prevention, Office of to submit comments on the requested
notice in the Federal Register on Justice Programs, Department of Justice. exemptions to the Department. In
September 12, 1997 for 60 days. During (4) Affected public who will be asked addition the notices stated that any
this comment period no comments were or required to respond, as well as a brief interested person might submit a
received by the Department of Justice. abstract: Primary, State and local written request that a public hearing be
The purpose of this notice is to allow an governments; Other, Not-for-profit held (where appropriate). The
additional 30 days for public comments. institutions. The purpose of the data applicants have represented that they
Comments are encouraged and will be collection is to gather information from have complied with the requirements of
accepted until December 24, 1997. jurisdictions on the use of juvenile the notification to interested persons.
Written comments and/or suggestions curfew and its effectiveness as a tool to No public comments and no requests for
regarding the item(s) contained in this reduce juvenile crime and victimization. a hearing, unless otherwise stated, were
notice, especially regarding the The survey form will be sent to all those received by the Department.
62620 Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Notices

The notices of proposed exemption a fee, provided that the conditions set written disclosure, including but not
were issued and the exemptions are forth in section II below were satisfied. limited to a copy of the Administration
being granted solely by the Department Agreement which, among other things,
Section II—Conditions
because, effective December 31, 1978, disclosed whether EBPLife reinsured
section 102 of Reorganization Plan No. This exemption is conditioned upon risk under a Stop-Loss Policy issued to
4 of 1978 (43 FR 47713, October 17, the adherence to the material facts and the Employer of such Plan and
1978) transferred the authority of the representations described herein and described all of the services provided by
Secretary of the Treasury to issue upon the satisfaction of the following EBPLife, its Affiliates, or the
exemptions of the type proposed to the requirements, as of the effective dates of predecessors of such Affiliates to such
Secretary of Labor. this exemption: Plan or such Employer. Such
(a) Each transaction was effected by disclosures have been provided by
Statutory Findings EBPLife in the ordinary course of its EBPLife or its Affiliates or by the
In accordance with section 408(a) of business as an insurance company; predecessors of such Affiliates, in a
the Act and/or section 4975(c)(2) of the (b) The terms of each transaction were form calculated to be understood by
Code and the procedures set forth in 29 at least as favorable to the Plans as those such Plan Fiduciaries who have no
CFR Part 2570, Subpart B (55 FR 32836, negotiated at arm’s-length with
special expertise in insurance.
32847, August 10, 1990) and based upon unrelated third parties under similar
(g)(1) As of the effective dates of this
the entire record, the Department makes circumstances;
(c) The combined total of all fees and exemption, and prior to the execution of
the following findings: a transaction described in this
(a) The exemptions are other consideration received by
EBPLife, its Affiliates, and predecessors exemption, following receipt of the
administratively feasible; disclosures, described in paragraph (f)
(b) They are in the interests of the of such Affiliates for the provision of
services to Employers and their Plans of this section II, the Plan Fiduciary, by
plans and their participants and signing the Administration Agreement,
beneficiaries; and and in connection with the purchase of
insurance contracts was not in excess of acknowledged receipt of such
(c) They are protective of the rights of disclosures and acknowledged that the
the participants and beneficiaries of the ‘‘reasonable compensation’’ within the
meaning of sections 408(b)(2) and decision to engage in a transaction
plans. which is the subject of this exemption
408(c)(2) of the Act.
EBPLife Insurance Company, Located (d) EBPLife, its agents or Affiliates, or was a decision made in a fiduciary
in Minneapolis, Minnesota the predecessors to such Affiliates have capacity, and that such Plan Fiduciary
not served as: (1) trustees to any of the approved of the subject transaction.
[Prohibited Transaction Exemption 97–61,
Application No. D–9685] Plans (other than as non-discretionary (2) With respect to the renewal by
trustees, as defined in paragraph (f) in Employers during the effective period of
Exemption section III below, who do not render this exemption of expired Stop-Loss
Section I—Transaction investment advice with respect to any of Policies reinsured by EBPLife where
the assets of such Plans); (2) plan Affiliates of EBPLife or the predecessors
The restrictions of section 406(a) of of such Affiliates were parties in interest
administrators, within the meaning of
the Act shall not apply, effective from with respect to a Plan by reason of the
section 3(16)(A) of the Act; (3)
April 15, 1994, to July 1, 1997, to the provision of services to such Plan, the
fiduciaries who are expressly authorized
reinsurance of risks and the receipt of written disclosures required under
in writing to manage, acquire, or
premiums therefrom by EBPLife paragraph (f) of this section II need not
dispose of the assets of any of the Plans;
Insurance Company (EBPLife) in have been repeated, unless—
or (4) employers any of whose
connection with certain stop-loss (A) More than three years had passed
employees are covered by any of the
policies (the Stop-Loss Policy or Stop- since such disclosures were made with
Plans.
Loss Policies) issued by unrelated third (e) EBPLife, its Affiliates, or the respect to the same kind of services
party insurance carriers (the Carriers or predecessors of such Affiliates have not provided by the Affiliates of EBPLife or
Carrier) to employers (the Employers or acted as fiduciaries in connection with by predecessors of such Affiliates or the
Employer) any of whose employees the decision by the Employer to same kind of reinsurance of the risk on
were covered by various employee purchase Stop-Loss Policies reinsured the Stop-Loss Policies, or
welfare benefit plans (the Plans or by EBPLife; (B) The reinsurance of the risk on
Plan),1 when at the time EBPLife (f) As of the effective dates of this such Stop-Loss Policies by EBPLife or
reinsured risks and received premiums, exemption, if an Employer executed an the receipt of compensation for services
Affiliates of EBPLife, as defined in agreement (the Administration by Affiliates of EBPLife or by
paragraph (a) of section III below or the Agreement) with the Affiliates of predecessors of such Affiliates thereto
predecessors of such Affiliates also EBPLife or with the predecessors of was materially different from that for
provided non-discretionary such Affiliates to provide services to an which approval described in paragraph
administrative services to such Plans for Employer or Plan; and such Employer (g) of this section II was obtained.
1 The Department, herein, is not providing relief
also purchased or renewed a Stop-Loss (h) The Plans have paid no
for transactions involving any plans sponsored by
Policy reinsured by EBPLife for the commission with respect to the
EBPLife or its affiliates (the Affiliates), as defined purpose of funding a Plan, then the reinsurance by EBPLife of the Stop-Loss
in paragraph (a) of section III below, or any fiduciaries of such Plan (the Plan Policies.
predecessors of such Affiliates. In this regard, Fiduciaries or Plan Fiduciary), as (i) Each of the Plan Fiduciaries have
EBPLife represents that it may have issued stop-loss
or other insurance contracts in connection with
defined in paragraph (g) of section III not received, directly or indirectly (i.e.
welfare benefit plans that covered employees of below, must have received prior to the through any Affiliates), any
EBPLife, its Affiliates or predecessors of such decision which resulted in the retention compensation or other consideration for
Affiliates. However, in all cases, EBPLife represents of Affiliates of EBPLife or the his or her own personal account from
that it either satisfies the requirements of the
statutory exemption provided by section 408(b)(5)
predecessors of such Affiliates to EBPLife, any of its Affiliates, any
of the Act, or it ensures that the insurance contracts provide services and stop-loss insurance predecessors of such Affiliates, or other
are not ‘‘plan assets’’ within the meaning of the Act. reinsured by EBPLife, a full and detailed party dealing with any of the Plans in
Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Notices 62621

connection with a transaction described (r)(1) EBPLife or its Affiliates retain or (2) None of the persons described in
in this exemption. the predecessors of such Affiliates have paragraph (s)(1) (B) and (C) of section II
(j) EBPLife and its Affiliates and any retained for a period of six (6) years shall be authorized to examine trade
predecessors of such Affiliates followed from the date of any transaction covered secrets of EBPLife, its Affiliates, or the
the standard claims processing practices by this exemption, the records necessary predecessors of such Affiliates or
regarding any claims submitted with to enable the persons, as described in commercial or financial information
respect to benefits under any of the paragraph (s) of this section II, to which is privileged or confidential.
Plans covered by any of the Stop-Loss determine whether the conditions of
Policies reinsured by EBPLife; Section III—Definitions
this exemption have been met. Such
(k) The Employer had final authority records shall include, but not be limited For purposes of this exemption:
regarding the payment or nonpayment to, the following information: (a) An ‘‘Affiliate’’ or ‘‘Affiliates’’ of a
of any and all claims submitted with (A) A copy of the information person includes:
respect to benefits under any of the disclosed by EBPLife, its Affiliates, or (1) Any person directly or indirectly
Plans covered by the Stop-Loss Policies by the predecessors of such Affiliates to through one or more intermediaries,
reinsured by EBPLife; the Plan Fiduciaries, pursuant to controlling, controlled by, or under
(l) EBPLife or its Affiliates or the paragraph (f) of section II above; common control with the person;
predecessors of such Affiliates have (B) A copy of the Administration (2) Any officer, director, employee,
made available upon request by the Agreement which discloses, among relative, or partner in any such person;
Employers of each of the Plans at no other things, whether EBPLife reinsures and
additional charge full and detailed risk under a Stop-Loss Policy issued to (3) Any corporation or partnership of
written reports which detail any and all an Employer; which such person is an officer,
of the following information: (C) Any additional information or director, partner, or employee.
(1) The average turn-around time from documents provided to any Plan (b) The term ‘‘control’’ means the
the date that a claim was initially Fiduciary with respect to a transaction power to exercise a controlling
received to the date that the claim was covered by this exemption; influence over the management or
processed for payment; (D) Evidence of the written policies of a person other than an
(2) The percentage of claims acknowledgment of receipt of individual;
processed within the target period, as disclosures by the Plan Fiduciary as (c) The term, ‘‘relative,’’ means a
set forth in the Administration described in paragraph (g) of this ‘‘relative’’ as that term is defined in
Agreement; section II. section 3(15) of the Act, or a brother, a
(3) The average turn-around time from (2) A prohibited transaction will not sister, or a spouse of a brother or a
the date that a claim was received to the be deemed to have occurred if, due to sister.
date that a claim was actually paid; and circumstances beyond the control of (e) The term ‘‘non-discretionary
(4) A summary of pending claims that EBPLife, its Affiliates, or the services’’ means custodial services and
were received but not paid accompanied predecessors of such Affiliates, such services ancillary to custodial services,
by a code indicating the reason why records were or are lost or destroyed none of which services are
each claim had not yet been paid. prior to the end of the six (6) year discretionary.
(m) Regarding its operations and period. (f) The term ‘‘non-discretionary
reserves, EBPLife complied with all (3) No party in interest, other than trustee’’ of a Plan means a trustee whose
applicable requirements of law and EBPLife, its Affiliates, and the powers and duties with respect to any
insurance regulations of the State of predecessors of such Affiliates, shall be assets of the Plan are limited to (1) the
Oklahoma, where it is domiciled and subject to the civil penalty that may be provision of non-discretionary trust
licensed to do business; assessed under section 502(i) of the Act, services, as defined in paragraph (e) of
(n) EBPLife has been subject to a if the records are not maintained, or are this section III, to the Plan, and (2)
financial audit by the Department of not available for examination as duties imposed on the trustee by any
Insurance of the State of Oklahoma, required by paragraph (s) of this section provision or provisions of the Act.
where it is domiciled and licensed to do II; and (g) The term ‘‘Plan Fiduciary’’ or
business no less frequently than once (S)(1) Except as provided in paragraph ‘‘Plan Fiduciaries’’ means a person(s)
every three years; (s)(2) of this section II and who are independent of EBPLife, its
(o) The issuing Carriers of the Stop- notwithstanding any provisions of Affiliates, and any predecessors of such
Loss Policies are fully liable for all subsection (a)(2) and (b) of section 504 Affiliates, are sufficiently
claims covered by the Stop-Loss Policies of the Act, the records referred to in knowledgeable with respect to
in excess of the applicable stop-loss paragraph (r) of section II above are administration, benefits, funding, and
limits under such Stop-Loss Policies; unconditionally available for any matters related thereto concerning
(p) Where the Stop-Loss Policies are examination during normal business such Plan, are capable of making an
reinsured by EBPLife, EBPLife, as hours by— informed and independent decision,
reinsurer, is fully liable for the (A) Any duly authorized employee or and are responsible for executing the
payments of claims under such Stop- representative of the Department of Administration Agreement and for
Loss Policies; Labor; deciding to purchase or renew the Stop-
(q) Independent insurance (B) Any fiduciary of each of the Plans Loss Policies reinsured by EBPLife.
consultants, who were unrelated to or any duly authorized employee or EFFECTIVE DATE: The exemption is
EBPLife, its Affiliates, or to the representative of such fiduciary; and effective, from April 15, 1994, to July 1,
predecessors of such Affiliates, solicited (C) Any Employer of Plan participants 1997.
bids for administrative services and/or and beneficiaries, any participant or
Stop-Loss Policies on behalf of beneficiary of the Plans or duly Written Comments
Employers and served as brokers or authorized employee or representative In the Notice, the Department invited
agents to Employers with respect to the of such participant or beneficiary; any all interested persons to submit written
purchase by Employers of Stop-Loss employee organization any of whose comments and requests for a hearing on
Policies reinsured by EBPLife; members are covered by a Plan. the proposed exemption within 45 days
62622 Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Notices

of the date of the publication of the to two loans (the Loans) totaling (2) These exemptions are
Notice in the Federal Register on July $229,000 to Franklin & Davis, P.C. supplemental to and not in derogation
11, 1997. All comments and requests for (F&D), the Plan’s sponsor and a of, any other provisions of the Act and/
hearing were due by August 25, 1997. disqualified person with respect to the or the Code, including statutory or
Subsequently, on two occasions the Plan, by the individual account (the administrative exemptions and
applicant requested additional time Account) of Bruce W. Franklin (Mr. transactional rules. Furthermore, the
within which to notify interested Franklin), provided the following fact that a transaction is subject to an
persons. Accordingly, the Department conditions are satisfied: (a) The terms of administrative or statutory exemption is
agreed to extend the comment period to the Loans are at least as favorable to the not dispositive of whether the
October 29, 1997. Plan as those obtainable in arm’s-length transaction is in fact a prohibited
As of the close of the extended transactions with an unrelated party; (b) transaction; and
comment period, the Department had the Loans do not exceed 25% of the (3) The availability of these
received no requests for hearing. assets of the Account; (c) the first Loan exemptions is subject to the express
However, the Department did receive a (Loan 1) is secured by a second condition that the material facts and
comment letter from the applicant, mortgage on certain real property which representations contained in each
EBPLife, dated September 3, 1997, in has been appraised by a qualified application accurately describes all
which the applicant confirmed the July independent appraiser to have a fair material terms of the transaction which
1, 1997, sale by First Data Corporation market value not less than 150% of the is the subject of the exemption.
of its administrative service affiliate, amount of Loan 1 plus the balance of Signed at Washington, D.C., this 19th day
First Health, to an unrelated company. the first mortgage which it secures; (d) of November, 1997.
As a result of that sale, EBPLife no the second Loan (Loan 2) is secured by Ivan Strasfeld,
longer has current plan sponsor clients certain securities which have a fair
Director of Exemption Determinations,
with respect to which it, or its Affiliates, market value not less than 200% of Pension and Welfare Benefits Administration,
provides both reinsurance and non- Loan 2; and (e) the fair market value of U.S. Department of Labor.
discretionary administrative services. the collateral remains at least equal to [FR Doc. 97–30827 Filed 11–21–97; 8:45 am]
Accordingly, the Department has the percentages described in conditions
BILLING CODE 4510–29–P
determined to amend the effective date (c) and (d), above, throughout the
of the exemption to cover the period duration of the Loans.2
from April 15, 1994, the date the For a more complete statement of the DEPARTMENT OF LABOR
application was filed, to July 1, 1997, facts and representations supporting the
the date when the First Health was sold. Department’s decision to grant this Pension and Welfare Benefits
After full consideration and review of exemption, refer to the notice of Administration
the entire record, including the written proposed exemption published on
comment filed by the applicant, the October 2, 1997 at 62 FR 51692. [Application No. D–10328, et al.]
Department has determined to grant the FOR FURTHER INFORMATION CONTACT: Gary
Proposed Exemptions; MS Commodity
exemption, as modified and clarified H. Lefkowitz of the Department, Investments Portfolio II, L.P. (the
above. The comment submitted by the telephone (202) 219–8881. (This is not Partnership, et al.)
applicant to the Department has been a toll-free number.)
included as part of the public record of AGENCY: Pension and Welfare Benefits
the exemption application. The General Information
Administration, Labor.
complete application file, including all The attention of interested persons is ACTION: Notice of proposed exemptions.
supplemental submissions received by directed to the following:
the Department, is available for public (1) The fact that a transaction is the SUMMARY: This document contains
inspection in the Public Documents subject of an exemption under section notices of pendency before the
Room of the Pension Welfare Benefits 408(a) of the Act and/or section Department of Labor (the Department) of
Administration, Room N–5638, U.S. 4975(c)(2) of the Code does not relieve proposed exemptions from certain of the
Department of Labor, 200 Constitution a fiduciary or other party in interest or prohibited transaction restrictions of the
Avenue NW., Washington, DC 20210. disqualified person from certain other Employee Retirement Income Security
For a complete statement of the facts provisions to which the exemptions Act of 1974 (the Act) and/or the Internal
and representations supporting the does not apply and the general fiduciary Revenue Code of 1986 (the Code).
Department’s decision to grant this responsibility provisions of section 404
of the Act, which among other things Written Comments and Hearing
exemption refer to the Notice published Requests
on July 11, 1997, 62 FR 37299. require a fiduciary to discharge his
FOR FURTHER INFORMATION CONTACT: duties respecting the plan solely in the All interested persons are invited to
Angelena C. Le Blanc of the Department, interest of the participants and submit written comments or request for
telephone (202) 219–8883. (This is not beneficiaries of the plan and in a a hearing on the pending exemptions,
a toll-free number.) prudent fashion in accordance with unless otherwise stated in the Notice of
section 404(a)(1)(B) of the Act; nor does Proposed Exemption, within 45 days
Franklin & Davis, P.C. Profit Sharing it affect the requirement of section from the date of publication of this
Plan (the Plan), Located in Troy, 401(a) of the Code that the plan must Federal Register Notice. Comments and
Michigan operate for the exclusive benefit of the requests for a hearing should state: (1)
[Prohibited Transaction No. 97–62; employees of the employer maintaining the name, address, and telephone
Exemption Application No. D–10450] the plan and their beneficiaries; number of the person making the
comment or request, and (2) the nature
Exemption 2 Since Mr. Franklin is the sole owner of F&D and of the person’s interest in the exemption
The sanctions resulting from the the only participant in the Plan, there is no and the manner in which the person
jurisdiction under Title I of the Act pursuant to 29
application of section 4975 of the Code, CFR 2510.3–3(b). However, there is jurisdiction
would be adversely affected by the
by reason of section 4975(c)(1) (A) under Title II of the Act pursuant to section 4975 exemption. A request for a hearing must
through (E) of the Code, shall not apply of the Code. also state the issues to be addressed and

Vous aimerez peut-être aussi