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37165
Federal Register
/Vol. 65, No. 114/Tuesday, June 13, 2000/Notices
Tube from Argentina, Brazil, Canada,India, Korea, Mexico, Singapore,Taiwan, Thailand, Turkey, andVenezuela)—briefing and vote. (TheCommission will transmit itsdetermination to the Secretary of Commerce on July 26, 2000).In accordance with 19 CFR§201.35(d)(2), interested parties arehereby notified that the Commission hasdetermined that Commission businessrequires removal of the above agendaitem from the meeting of Monday, June12, 2000 at 2:00 p.m. No earlierannouncement of such change waspossible.
Issued: June 9, 2000.By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00–14996 Filed 6–9–00; 2:10 pm]
BILLING CODE 7020–02–U
DEPARTMENT OF JUSTICEOffice of Justice Programs; AgencyInformation Collection Activities:Proposed Collection; CommentRequest
ACTION
:
Notice of information collectionunder review; (reinstatement, withoutchange, of a previously approvedcollection for which approval hasexpired) Juvenile Residential FacilityCensus.The Department of Justice, Office of  Justice Programs, Bureau of JusticeAssistance, has submitted the followinginformation collection request forreview and clearance in accordancewith the Paperwork Reduction Act of 1995. This proposed informationcollection is published to obtaincomments from the public and affectedagencies. Comments are encouraged andwill be accepted for ‘‘sixty days’’ untilAugust 14, 2000.If you have additional comments,suggestions, or need a copy of theproposed information collectioninstrument with instructions oradditional information, please contact Joseph Moone, 202–616–3634, Office of  Juvenile Justice and DelinquencyPrevention, Office of Justice Programs,U.S. Department of Justice, 810 7thStreet, N.W., Washington, DC 20531.Written comments and suggestions fromthe public and affected agenciesconcerning the proposed collection of information should address one or moreof the following four points:(1) Evaluate whether the proposedcollection of information is necessaryfor the proper performance of thefunction of the agency, includingwhether the information will havepractical utility;(2) Evaluate the accuracy of theagency’s estimate of the burden of theproposed collection of information,including the validity of themethodology and assumptions used;(3) Enhance the quality, utility, andclarity of the information to becollected; and(4) Minimize the burden of thecollection of information on those whoare to respond, including through theuse of appropriate automated,electronic, mechanical, or othertechnological collection techniques orother forms of information technology,
e.g.,
permitting electronic submission of responses.
Overview of This Information
(1)
Type of information collection:
Extension of a currently approvedcollection.(2)
The title of the form/collection:
 Juvenile Residential Facility CensusBravery.(3)
The agency form number, if any,and the applicable component of theDepartment sponsoring the collection:
The form number is CJ–15, Office of  Justice Programs, United StatesDepartment of Justice.(4)
Affected public who will be asked or required to respond, as well as a brief abstract: Primary:
State, Local or Tribalpublic juvenile justice facilities, privatejuvenile facilities.
Other:
none.This collection will gatherinformation necessary to routinelymonitor the types of facilities intowhich the juvenile justice system placesyoung persons and the servicesavailable in these facilities.(5)
An estimate of the total number of respondents and the amount of timeestimated for an average respondent torespond/reply:
It is estimated that 3,500respondents will complete a 2-hourquestionnaire.(6)
An estimate of the total publicburden (in hours) associated with thecollection:
The total hour burden tocomplete the questionnaire is 7,000annual burden hours. The survey will be conducted biennially.If additional information is requiredcontact: Mrs. Brenda E. Dyer, DeputyClearance Officer, United StatesDepartment of Justice, InformationManagement and Security Staff, JusticeManagement Division, Suite 1220,National Place Building, 1331Pennsylvania, NW, Washington, D.C..
Dated: June 7, 2000.
Brenda E. Dyer,
Department Deputy Clearance Officer,Department of Justice.
[FR Doc. 00–14816 Filed 6–12–00; 8:45 am]
BILLING CODE 4410–18–M
DEPARTMENT OF LABORPension and Welfare BenefitsAdministration
[Prohibited Transaction Exemption 2000–30; Exemption Application No. D–10188, etal.
Grant of Individual Exemptions;Barclays Bank PLC and Its Affiliates(Collectively, Barclays)
AGENCY
:
Pension and Welfare BenefitsAdministration, Labor.
ACTION
:
Grant of Individual Exemptions.
SUMMARY
:
This document containsexemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement IncomeSecurity Act of 1974 (the Act) and/orthe Internal Revenue Code of 1986 (theCode).Notices were published in the
FederalRegister
of the pendency before theDepartment of proposals to grant suchexemptions. The notices set forth asummary of facts and representationscontained in each application forexemption and referred interestedpersons to the respective applicationsfor a complete statement of the facts andrepresentations. The applications have been available for public inspection atthe Department in Washington, DC. Thenotices also invited interested personsto submit comments on the requestedexemptions to the Department. Inaddition the notices stated that anyinterested person might submit awritten request that a public hearing beheld (where appropriate). Theapplicants have represented that theyhave complied with the requirements of the notification to interested persons.No public comments and no requests fora hearing, unless otherwise stated, werereceived by the Department.The notices of proposed exemptionwere 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 Secretaryof the Treasury to issue exemptions of the type proposed to the Secretary of Labor.
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37166
Federal Register
/Vol. 65, No. 114/Tuesday, June 13, 2000/Notices
1
See 65 FR 13836.
Statutory Findings
In accordance with section 408(a) of the Act and/or section 4975(c)(2) of theCode and the procedures set forth in 29CFR part 2570, subpart B (55 FR 32836,32847, August 10, 1990) and based uponthe entire record, the Department makesthe following findings:(a) The exemptions areadministratively feasible;(b) They are in the interests of theplans and their participants and beneficiaries; and(c) They are protective of the rights of the participants and beneficiaries of theplans.
Barclays Bank PLC and its Affiliates(Collectively, Barclays), Located inLondon, England;
[Prohibited Transaction Exemption 2000–30;Application No. D–10188]
Exemption
Section I—Retroactive Exemption forthe Acquisition, Holding andDisposition of Barclays PLC StockThe restrictions of sections406(a)(1)(D), 406(b)(1) and 406(b)(2) of the Act, and the sanctions resultingfrom the application of section 4975 of the Code by reason of section4975(c)(1)(D) and (E) of the Code, shallnot apply, as of December 31, 1995 until June 13, 2000, to the acquisition,holding and disposition of the commonstock of Barclays PLC (the Barclays PLCStock) by Index and Model-DrivenFunds managed by Barclays, providedthat the following conditions and thegeneral conditions in Section III are met:(a) The acquisition or disposition of the Barclays PLC Stock is for the solepurpose of maintaining strictquantitative conformity with therelevant index upon which the Index orModel-Driven Fund is based, and doesnot involve any agreement, arrangementor understanding regarding the designor operation of the Fund acquiring theBarclays PLC Stock which is intended to benefit Barclays or any party in whichBarclays may have an interest.(b) All aggregate daily purchases of Barclays PLC Stock by the Funds do notexceed on any particular day the greaterof:(1) 15 percent of the average dailytrading volume for the Barclays PLCStock occurring on the applicableexchange and automated trading system(as described in paragraph (c) below) forthe previous five (5) business days, or(2) 15 percent of the trading volumefor Barclays PLC Stock occurring on theapplicable exchange and automatedtrading system on the date of thetransaction, as determined by the bestavailable information for the tradesoccurring on that date.(c) All purchases and sales of BarclaysPLC Stock occur either (i) on theLondon Stock Exchange, a recognizedsecurities exchange as defined inSection IV(k) below, (ii) through anautomated trading system (as defined inSection IV(j) below) operated by a broker-dealer independent of Barclaysthat is subject to regulation andsupervision by the Securities andFutures Authority of the UnitedKingdom (pursuant to the applicablesecurities laws) that provides amechanism for customer orders to bematched on an anonymous basiswithout the participation of a broker-dealer, or (iii) in a direct, arms-lengthtransaction entered into on a principal basis with a broker-dealer, in theordinary course of its business, wheresuch broker-dealer is independent of Barclays and is either registered underthe Securities Exchange Act of 1934 (the‘‘34 Act), and thereby subject toregulation by the U.S. Securities andExchange Commission (SEC), or subjectto regulation and supervision by theSecurities and Futures Authority of theUnited Kingdom (UK).(d) No transactions by a Fund involvepurchases from, or sales to, Barclays(including officers, directors, oremployees thereof), or any party ininterest that is a fiduciary withdiscretion to invest plan assets into theFund (unless the transaction by theFund with such party in interest wouldotherwise be subject to an exemption).(e) No more than five (5) percent of the total amount of Barclays PLC Stockissued and outstanding at any time isheld in the aggregate by Index andModel-Driven Funds managed byBarclays.(f) Barclays PLC Stock constitutes nomore than three (3) percent of anyindependent third party index on whichthe investments of an Index or Model-Driven Fund are based.(g) A plan fiduciary independent of Barclays authorizes the investment of such plan’s assets in an Index or Model-Driven Fund which purchases and/orholds Barclays PLC Stock, pursuant tothe procedures described in the noticeof proposed exemption published onMarch 14, 2000
1
(see Paragraph 11 of the Summary of Facts andRepresentations regarding portfoliomanagement services provided forparticular plans), other than in the caseof an employee benefit plan sponsoredor maintained by Barclays PLC and/oran Affiliate for its own employees (aBarclays Plan).(h) A fiduciary independent of Barclays directs the voting of theBarclays PLC Stock held by an Index orModel-Driven Fund on any matter inwhich shareholders of Barclays PLCStock are required or permitted to vote.(i) No more than ten (10) percent of the assets of any Fund that acquires andholds Barclays PLC Stock is comprisedof assets of any Barclays Plan(s) forwhich Barclays exercises investmentdiscretion.Section II—Prospective Exemption forthe Acquisition, Holding andDisposition of Barclays StockThe restrictions of sections406(a)(1)(D), 406(b)(1) and 406(b)(2) of the Act, section 8477(c)(2)(A) and (B) of FERSA, and the sanctions resulting fromthe application of section 4975 of theCode by reason of section 4975(c)(1)(D)and (E) of the Code, shall not apply tothe acquisition, holding and dispositionof Barclays PLC Stock or the commonstock of an Affiliate of Barclays PLC(Barclays PLC Affiliate Stock) by Indexand Model-Driven Funds managed byBarclays, provided that the followingconditions and the general conditions inSection III are met:(a) The acquisition or disposition of Barclays PLC Stock or Barclays PLCAffiliate Stock (collectively, BarclaysStock) is for the sole purpose of maintaining strict quantitativeconformity with the relevant indexupon which the Index or Model-DrivenFund is based, and does not involve anyagreement, arrangement orunderstanding regarding the design oroperation of the Fund acquiring theBarclays Stock which is intended to benefit Barclays or any party in whichBarclays may have an interest.(b) Whenever Barclays Stock isinitially added to an index on which anIndex or Model-Driven Fund is based, orinitially added to the portfolio of anIndex or Model-Driven Fund, allacquisitions of Barclays Stock necessaryto bring the Fund’s holdings of suchStock either to its capitalization-weighted or other specified compositionin the relevant index, as determined bythe independent organizationmaintaining such index, or to its correctweighting as determined by the modelwhich has been used to transform theindex, occur in the following manner:(1) Purchases are from, or through,only one broker or dealer on a singletrading day;(2) Based on the best availableinformation, purchases are not theopening transaction for the trading day;
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37167
Federal Register
/Vol. 65, No. 114/Tuesday, June 13, 2000/Notices
(3) Purchases are not effected in thelast half hour before the scheduled closeof the trading day;(4) Purchases are at a price that is nothigher than the lowest currentindependent offer quotation,determined on the basis of reasonableinquiry from non-affiliated brokers;(5) Aggregate daily purchases do notexceed 15 percent of the average dailytrading volume for the security, asdetermined by the greater of either (i)the trading volume for the securityoccurring on the applicable exchangeand automated trading system on thedate of the transaction, or (ii) anaggregate average daily trading volumefor the security occurring on theapplicable exchange and automatedtrading system for the previous five (5) business days, both based on the bestinformation reasonably available at thetime of the transaction;(6) All purchases and sales of BarclaysStock occur either (i) on a recognizedsecurities exchange (as defined inSection IV(k) below), (ii) through anautomated trading system (as defined inSection IV(j) below) operated by a broker-dealer independent of Barclaysthat is either registered under the ’34Act, and thereby subject to regulation bythe SEC, or subject to regulation andsupervision by the Securities andFutures Authority of the UK or anotherapplicable regulatory authority, whichprovides a mechanism for customerorders to be matched on an anonymous basis without the participation of a broker-dealer, or (iii) through anautomated trading system (as defined inSection IV(j) below) that is operated bya recognized securities exchange (asdefined in Section IV(k) below),pursuant to the applicable securitieslaws, and provides a mechanism forcustomer orders to be matched on ananonymous basis without theparticipation of a broker-dealer; and(7) If the necessary number of sharesof Barclays Stock cannot be acquiredwithin 10 business days from the dateof the event which causes the particularFund to require Barclays Stock, Barclaysappoints a fiduciary which isindependent of Barclays to designacquisition procedures and monitorBarclays’ compliance with suchprocedures.(c) Subsequent to acquisitionsnecessary to bring a Fund’s holdings of Barclays Stock to its specified weightingin the index or model pursuant to therestrictions described in paragraph (b)above, all aggregate daily purchases of Barclays Stock by the Funds do notexceed on any particular day the greaterof:(1) 15 percent of the average dailytrading volume for the Barclays Stockoccurring on the applicable exchangeand automated trading system (asdefined below) for the previous five (5) business days, or(2) 15 percent of the trading volumefor Barclays Stock occurring on theapplicable exchange and automatedtrading system (as defined below) on thedate of the transaction, as determined bythe best available information for thetrades that occurred on such date.(d) All transactions in Barclays Stocknot otherwise described in paragraph (b)above are either: (i) Entered into on aprincipal basis in a direct, arms-lengthtransaction with a broker-dealer, in theordinary course of its business, wheresuch broker-dealer is independent of Barclays and is either registered underthe ’34 Act, and thereby subject toregulation by the SEC, or subject toregulation and supervision by theSecurities and Futures Authority of theUK (SFA–UK) or another applicableregulatory authority, (ii) effected on anautomated trading system (as defined inSection IV(j) below) operated by a broker-dealer independent of Barclaysthat is subject to regulation by either theSEC, SFA–UK, or another applicableregulatory authority, or an automatedtrading system operated by a recognizedsecurities exchange (as defined inSection IV(k) below) which, in eithercase, provides a mechanism forcustomer orders to be matched on ananonymous basis without theparticipation of a broker-dealer, or (iii)effected through a recognized securitiesexchange (as defined in Section IV(k) below) so long as the broker is acting onan agency basis.(e) No transactions by a Fund involvepurchases from, or sales to, Barclays(including officers, directors, oremployees thereof), or any party ininterest that is a fiduciary withdiscretion to invest plan assets into theFund (unless the transaction by theFund with such party in interest wouldotherwise be subject to an exemption).(f) No more than five (5) percent of thetotal amount of either Barclays PLCStock or any Barclays PLC AffiliateStock, that is issued and outstanding atany time, is held in the aggregate byIndex and Model-Driven Fundsmanaged by Barclays.(g) Barclays Stock constitutes no morethan five (5) percent of any independentthird party index on which theinvestments of an Index or Model-Driven Fund are based.(h) A plan fiduciary independent of Barclays authorizes the investment of such plan’s assets in an Index or Model-Driven Fund which purchases and/orholds Barclays Stock, pursuant to theprocedures described in the notice of proposed exemption published onMarch 14, 2000 (see Paragraph 11 of theSummary of Facts and Representationsregarding portfolio management servicesprovided for particular plans), otherthan in the case of a Barclays Plan.(i) A fiduciary independent of Barclays directs the voting of theBarclays Stock held by an Index orModel-Driven Fund on any matter inwhich shareholders of Barclays Stockare required or permitted to vote.(j) No more than ten (10) percent of the assets of any Fund that acquires andholds Barclays Stock is comprised of assets of any Barclays Plan(s) for whichBarclays exercises investmentdiscretion.Section III—General Conditions(a) Barclays maintains or causes to bemaintained for a period of six yearsfrom the date of the transaction therecords necessary to enable the personsdescribed in paragraph (b) of thisSection to determine whether theconditions of this exemption have beenmet, except that (1) a prohibitedtransaction will not be considered tohave occurred if, due to circumstances beyond the control of Barclays, therecords are lost or destroyed prior to theend of the six-year period, and (2) noparty in interest other than Barclaysshall be subject to the civil penalty thatmay be assessed under section 502(i) of the Act or to the taxes imposed bysection 4975(a) and (b) of the Code if therecords are not maintained or are notavailable for examination as required byparagraph (b) below.(b)(1) Except as provided in paragraph(b)(2) and notwithstanding anyprovisions of section 504(a)(2) and (b) of the Act, the records referred to inparagraph (a) of this Section areunconditionally available at theircustomary location for examinationduring normal business hours by—(A) Any duly authorized employee orrepresentative of the Department or theInternal Revenue Service,(B) Any fiduciary of a planparticipating in an Index or Model-Driven Fund who has authority toacquire or dispose of the interests of theplan, or any duly authorized employeeor representative of such fiduciary,(C) Any contributing employer to anyplan participating in an Index or Model-Driven Fund or any duly authorizedemployee or representative of suchemployer, and(D) Any participant or beneficiary of any plan participating in an Index orModel-Driven Fund, or a representativeof such participant or beneficiary.
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