Notices. 60-day notice of information collection under review: Revised Application for Suspension of Deportation (40)

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BILLING CODE 4410-AT-M DEPARTMENT OF JUSTICE Executive Office for Immigration Review; Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 60-day notice of information collection under review: Revised Application for Suspension of Deportation (40). The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), has submitted the following information collection request to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for “sixty days” until April 4, 2006. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact MaryBeth Keller, General Counsel, Executive Office for Immigration Review, U.S. Department of Justice, Suite 2600, 5107 Leesburg Pike, Falls Church, Virginia 22041; telephone:

(703)305-0470. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology; *e.g.,* permitting electronic submission of responses. Overview of this information collection:

(1)*Type of Information Collection:* Revision of a currently approved collection.

(2)*Title of the Form/Collection:* Application for Suspension of Deportation (40).

(3)*Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:* Form EOIR-40, Executive Office for Immigration Review, United States Department of Justice.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Primary: Individual aliens determined to be removable from the United States. Other: None. Abstract: This information collection is necessary to determine the statutory eligibility of individual aliens, who have been determined to be deportable from the United States, for suspension of their deportation pursuant to the former section 244 of the Immigration and Nationality Act, and 8 CFR 1240.56 titled “Subpart F—Suspension of Deportation and Voluntary Departure (for Proceedings Commences Prior to April 1, 1997)—section 1240.56 Application”.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* It is estimated that 685 respondents will complete the form annually with an average of 5 hours, 45 minutes per response.

(6)An estimate of the total public burden (in hours) associated with the collection: There are an estimated 3,939 total annual burden hours associated with this collection. If additional information is required, contact: Brenda E. Dyer, Department Clearance Officer, United States Department of Justice, Justice Management Division, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: January 31, 2006. Brenda E. Dyer, Department Clearance Officer, United States Department of Justice. [FR Doc. E6-1459 Filed 2-2-06; 8:45 am] BILLING CODE 4410-30-P DEPARTMENT OF JUSTICE Office of Justice Programs Agency Information Collection Activities: Proposed Collection; Comment Request ACTION: 60-Day Notice of Information Collection Under Review: National Youth Gang Survey. The U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, has submitted the following information collection request to the Office of Management and Budget

(202)353-9254, Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice, 810 Seventh Street, NW., Washington, DC 20531. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology; *e.g.* , permitting electronic submission of responses. Overview of this information: 1. *Type of Information Collection:* Reinstatement, with change, of a previously approved collection for which approval has expired. 2. *Title of the Form/Collection:* National Youth Gang Survey. 3. *Agency form number, if any, and the applicable component of the U.S. Department of Justice sponsoring the collection:* Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, United States Department of Justice. 4. *Affected public who will be asked or required to respond, as well as a brief abstract:* Primary: State, local, or tribal law enforcement agencies. Other: None. This collection will gather information related to youth gangs and their activities for research and assessment purposes. 5. * An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: * It is estimated that 2,563 respondents will take ten minutes each to complete the survey. 6. * An estimate of the total public burden (in hours) associated with the collection:* There are an estimated 427 total annual burden hours associated with this collection. If additional information is required, contact Brenda E. Dyer, Clearance Officer, United States Department of Justice, Justice Management Division, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: January 30, 2006. Brenda E. Dyer, Department Clearance Officer, United States Department of Justice. [FR Doc. E6-1457 Filed 2-2-06; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJP)—1450] Meeting of the Global Justice Information Sharing Initiative Federal Advisory Committee AGENCY: Office of Justice Programs, Justice. ACTION: Notice of meeting. SUMMARY: This is an announcement for a meeting of the Global Justice Information Sharing Initiative Federal Advisory Committee

(GAC)to discuss the Global Initiative, as described at *http://www.it.ojp.gov/global.* DATES: The meeting will take place on Wednesday, April 26, 2006, from 8:30 a.m. to 3 p.m. ET. ADDRESSES: The meeting will take place at the Sheraton Crystal City Hotel, 1800 Jefferson Davis Highway, Arlington, VA 22202; Phone:

(703)486-1111. FOR FURTHER INFORMATION CONTACT: J. Patrick McCreary, Global Designated Federal Employee (DFE), Bureau of Justice Assistance, Office of Justice Programs, 810 7th Street, Washington, DC 20531; Phone:

(202)616-0532 [ **Note** : this is not a toll-free number]; E-mail: *James.P.McCreary@usdoj.gov.* SUPPLEMENTARY INFORMATION: Purpose The GAC will act as the focal point for justice information systems integration activities in order to facilitate the coordination of technical, funding, and legislative strategies in support of the Administration's justice priorities. The GAC will guide and monitor the development of the Global information sharing concept. It will advise the Assistant Attorney General, OJP; the Attorney General; the President (through the Attorney General); and local, state, tribal, and federal policymakers in the executive, legislative, and judicial branches. The GAC will also advocate for strategies for accomplishing a Global information sharing capability. Interested persons whose registrations have been accepted may be permitted to participate in the discussions at the discretion of the meeting chairman and with approval of the DFE. Meeting Registration and Accommodation This meeting is open to the public. Due to security measures, however, members of the public who wish to attend this meeting must register with Mr. J. Patrick McCreary at the above address at least seven

(7)days in advance of the meeting. Registrations will be accepted on a space available basis. Access to the meeting will not be allowed without registration. All attendees will be required to sign in at the meeting registration desk. Please bring photo identification and allow extra time prior to the meeting. Anyone requiring special accommodations should notify Mr. McCreary at least seven

(7)days in advance of the meeting. J. Patrick McCreary, Global DFE, Bureau of Justice Assistance, Office of Justice Programs. [FR Doc. E6-1509 Filed 2-2-06; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request January 30, 2006. The Department of Labor

(DOL)has submitted the following public information collection request

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by contacting the Department of Labor (DOL). To obtain documentation, contact Darrin King on 202-693-4129 (this is not a toll-free number) or e-mail: *king.darrin@dol.gov.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Occupational Safety and Health Administration (OSHA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll-free number), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Agency:* Occupational Safety and Health Administration. *Type of Review:* Extension of currently approved collection. *Title:* Blasting Operations and the Use of Explosives (29 CFR part 1926, Subpart U). *OMB Number:* 1218-0217. *Frequency:* On occasion and Weekly. *Type of Response:* Recordkeeping and Third party disclosure. *Affected Public:* Business or other for-profit; Federal Government; and State, Local, or Tribal Government. *Number of Respondents:* 161. *Number of Annual Responses:* 217. *Estimated Time per Response:* 8 hours to develop an alternative plan if an employer is unable to display adequate warning signs against the use of mobile transmitters during blasting operations; 5 minutes for maintaining and disclosing the alternative plan; and 15 minutes to certify the weekly electrical system inspection of trucks used for underground transportation of explosives. *Total Burden Hours:* 1,293. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $800,000. *Description:* 29 CFR part 1926, subpart U and its collections of information provide protection to employees who work with and around blasting operations. In addition, inventories of explosives must be maintained to assure employer and blaster accountability for explosives. Ira L. Mills, Departmental Clearance Officer. [FR Doc. E6-1506 Filed 2-2-06; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request January 26, 2006. The Department of Labor

(DOL)has submitted the following public information collection request

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by contacting the Department of Labor (DOL). To obtain documentation, contact Darrin King on 202-693-4129 (this is not a toll-free number) or e-mail: *king.darrin@dol.gov.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Occupational Safety and Health Administration (OSHA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll-free number), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Agency:* Occupational Safety and Health Administration. *Type of Review:* Extension of currently approved collection. *Title:* Longshoring and Marine Terminal Operations (29 CFR Parts 1918 and 1917). *OMB Number:* 1218-0196. *Frequency:* On occasion; Weekly; Monthly; and Annually. *Type of Response:* Recordkeeping and Third party disclosure. *Affected Public:* Business or other for-profit; not-for-profit institutions; Federal Government; and State, Local, or Tribal Government. *Number of Respondents:* 750. *Number of Annual Responses:* 152,458. *Estimated Time per Response:* Varies from 1 minute to 1 hour and five minutes. *Total Burden Hours:* 35,948. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $0. *Description:* The Standards on Marine Terminals (29 CFR Part 1917) and Safety and Health Regulations for Longshoring (29 CFR Part 1918) contain a number of collections of information which are used by employers to ensure that employees are informed properly about the safety and health hazards associated with marine terminals and longshoring operations. OSHA uses the records developed in response to the collection of information requirements to find out if the employer is complying adequately with the provisions of the standards. Ira L. Mills, Departmental Clearance Officer. [FR Doc. E6-1507 Filed 2-2-06; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR Employee Benefits Security Administration [Application No. D-11184] Amendment to Prohibited Transaction Exemption

(PTE)75-1, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Employee Benefit Plans and Certain Broker-Dealers, Reporting Dealers and Banks AGENCY: Employee Benefits Security Administration. ACTION: Final Amendment to PTE 75-1, Part II and Part V. SUMMARY: This document amends PTE 75-1, Part II and Part V (40 FR 50845, October 31, 1975). PTE 75-1, Part II, permits the purchase or sale of a security in a principal transaction between an employee benefit plan and a broker-dealer, reporting dealer, or bank. PTE 75-1, Part V, permits an extension of credit to a plan by a broker-dealer in connection with the purchase or sale of securities. The amendment affects participants, beneficiaries and fiduciaries of employee benefit plans, and broker-dealers, reporting dealers and banks entering into the described transactions. DATES: *Effective Date:* This amendment is effective January 1, 1975. FOR FURTHER INFORMATION CONTACT: Brian Buyniski or Karen Lloyd, Office of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor, Room N-5649, 200 Constitution Avenue, NW., Washington, DC 20210, 202-693-8540. (This is not a toll free number.) SUPPLEMENTARY INFORMATION: On April 28, 2004, notice was published in the **Federal Register** (69 FR 23216) of the pendency before the Department of Labor (the Department) of a proposed amendment to PTE 75-1, Part II and Part V. PTE 75-1 provides exemptive relief from certain of the restrictions of section 406 of the Employee Retirement Income Security Act of 1974 (ERISA or the Act), and from certain taxes imposed by section 4975(a) and

(b)of the Internal Revenue Code of 1986 (the Code), by reason of section 4975(c)(1) of the Code. The amendment was proposed by the Department on its own motion, pursuant to section 408(a) of ERISA and section 4975(c)(2) of the Code, and in accordance with the procedures set forth in 29 CFR part 2570, subpart B (55 FR 32836, August 10, 1990). 1 1 Section 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. at 214 (2000 ed.) generally transferred the authority of the Secretary of the Treasury to issue exemptions under section 4975(c)(2) of the Code to the Secretary of Labor. In the discussion of the exemption, references to specific provisions of the Act should be read to refer as well to the corresponding provisions of section 4975 of the Code. The notice gave interested persons an opportunity to comment or to request a hearing on the proposed amendment. The Department received three comments which are discussed below. One commenter requested a public hearing if the Department determined to modify a specific provision of the exemption. As the Department has not modified that provision in the final exemption, a public hearing will not be held with regard to this amendment. Executive Order 12866 Statement Under Executive Order 12866, the Department must determine whether the regulatory action is “significant” and therefore subject to the requirements of the Executive Order and subject to review by the Office of Management and Budget (OMB). Under section 3(f), the order defines a “significant regulatory action” as an action that is likely to result in a rule

(1)having an annual effect on the economy of $100 million or more, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities (also referred to as “economically significant”);

(2)creating serious inconsistency or otherwise interfering with an action taken or planned by another agency;

(3)materially altering the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4)raising novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. This amendment has been drafted and reviewed in accordance with Executive Order 12866, section 1(b), Principles of Regulation. The Department has determined that this amendment is not a “significant regulatory action” under Executive Order 12866, section 3(f). Accordingly, it does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. Paperwork Reduction Act The information collection request

(ICR)included in the existing PTE 75-1 is currently approved under Office of Management and Budget

(OMB)control number 1210-0092 (through March 31, 2007). The amendment does not modify the information collection provisions of the exemption. Therefore, the Department has not submitted an ICR to OMB in connection with this Final Amendment to PTE 75-1. Description of the Exemption Part I of PTE 75-1 provides relief for agency transactions and services; 2 Part II for principal transactions; Part III for underwritings; Part IV for market-making; and Part V for extension of credit. 2 Part I(a) expired on May 1, 1978. It ultimately was replaced by PTE 86-128 (51 FR 41686, Nov. 18, 1986). PTE 75-1, Part II Part II of PTE 75-1 provides relief from the restrictions of 406(a) of ERISA and the taxes imposed by section 4975(a) and

(b)of the Code, by reason of section 4975(c)(1)(A) through

(D)of the Code, for the purchase or sale of a security between an employee benefit plan and:

(1)A broker-dealer registered under the Securities Exchange Act of 1934 (the 1934 Act);

(2)a reporting dealer who makes primary markets in securities of the U.S. Government or of any agency thereof and reports daily to the Federal Reserve Bank of New York its positions with respect to Government securities and borrowings thereon; or

(3)a bank supervised by the United States or a State. 3 3 The exemption defines the terms “broker-dealer,” “reporting dealer” and “bank” to include such entities and any affiliate thereof. The term “affiliate” is defined as in 29 CFR 2510.3-21(e) and 26 CFR 54.4975-9(e). The exemption further provides relief from the restrictions of section 406(b) of ERISA and the taxes imposed by section 4975(a) and

(b)of the Code, by reason of section 4975(c)(1)(E) and

(F)of the Code, for the purchase or sale by a plan of securities issued by an open-end investment company registered under the Investment Company Act of 1940, provided that a fiduciary with respect to the plan is not a principal underwriter for, or affiliated with, such investment company within the meaning of sections 2(a)(29) and 2(a)(3) of the Investment Company Act of 1940 (the Mutual Fund Exemption). The conditions of PTE 75-1, Part II, require that a broker-dealer must customarily purchase and sell securities for its own account in the ordinary course of its business as a broker-dealer. The conditions further require that reporting dealers and banks must customarily purchase and sell Government securities for their own accounts in the ordinary course of their businesses, and that any purchase or sale between the plan and such reporting dealer or bank be limited to a purchase or sale of Government securities. All transactions entered into pursuant to Part II must be at least as favorable to the plan as an arm's length transaction with an unrelated party would be, and must not be, at the time of the transaction, a prohibited transaction within the meaning of section 503(b) of the Code. Except with respect to the Mutual Fund Exemption, Part II as originally granted provided that the broker-dealer, reporting dealer or bank may not be a fiduciary with respect to the plan, and such broker-dealer, reporting dealer or bank may be a party in interest or disqualified person with respect to the plan solely by reason of section 3(14)(B) of the Act or section 4975(e)(2)(B) of the Code or a relationship to a person described in those sections. For purposes of this condition, a broker-dealer, reporting dealer or bank is not deemed to be a fiduciary with respect to a plan solely by reason of providing securities custodial services for a plan. Lastly, the exemption for principal transactions also contains certain recordkeeping requirements. PTE 75-1, Part V Part V of PTE 75-1 provides relief from the restrictions of section 406 of ERISA and the related excise taxes imposed by section 4975(a) and

(b)of the Code, by reason of section 4975(c)(1) of the Code, for any extension of credit to a plan by a broker or dealer registered under the 1934 Act. 4 As originally granted, Part V provided that the broker-dealer extending credit may not be a fiduciary with respect to any assets of the plan, unless no interest or other consideration is received by such fiduciary or any affiliate in connection with the extension of credit. 4 The exemption defines the terms “broker” and “dealer” to include such entities and any affiliate thereof. The term “affiliate” is defined as in 29 CFR 2510.3-21(e) and 26 CFR 54.4975-9(e). Under Part V, the extension of credit must be made in connection with the purchase or sale of securities, must be lawful under the 1934 Act, and may not be a prohibited transaction within the meaning of section 503(b) of the Code. Lastly, the exemption for extensions of credit also contains certain recordkeeping requirements. Amendment As part of the proposed amendment, the Department repositioned the following language found in section

(d)of Part II of the exemption: Neither the restrictions of this paragraph nor (if the other conditions of this exemption are met) the restrictions of section 406(b) of the Act and the taxes imposed by section 4975(a) and

(b)of the Code, by reason of section 4975(c)(1)(E) and

(F)of the Code, shall apply to the purchase or sale by the plan of securities issued by an open-end investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), provided that a fiduciary with respect to the plan is not a principal underwriter for, or affiliated with, such investment company within the meaning of sections 2(a)(29) and 2(a)(3) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(29) and 80a-2(a)(3)). The Department included the relief provided by this provision in a new paragraph

(2)of Part II of the exemption for principal transactions. The Department also proposed to amend the language of this section to clarify that the fiduciary referenced therein is the fiduciary who makes the decision on behalf of the plan to enter into the transaction. The Department also requested public comment on the current utility of this exemption. The Department additionally proposed to amend another provision of section

(d)of Part II, which stated, in relevant part, that: Such broker-dealer, reporting dealer or bank is not a fiduciary with respect to the plan, and such broker-dealer, reporting dealer or bank is a party in interest or disqualified person with respect to the plan solely by reason of section 3(14)(B) of the Act or section 4975(e)(2)(B) of the Code or a relationship to a person described in such sections. For purposes of this paragraph, a broker-dealer, reporting dealer, or bank shall not be deemed to be a fiduciary with respect to a plan solely by reason of providing securities custodial services for a plan. Under the proposed amendment, the exemption permits plans to engage in transactions with broker-dealers, reporting dealers, banks and their affiliates except where the broker-dealer, reporting dealer, bank or an affiliate has or exercises any discretionary authority or control (except as a directed trustee) with respect to the investment of plan assets involved in the transaction, or renders investment advice (within the meaning of 29 CFR 2510.3-21(c)) with respect to the investment of those assets. 5 5 Nothing herein should be construed to imply that a directed trustee is not a fiduciary under the Act. See 29 U.S.C. 103(a)(1). A plan may expressly provide that a trustee is subject to the direction of a named fiduciary who is not a trustee, in which case the trustee shall be subject to proper directions of such fiduciary which are made in accordance with the terms of the plan and which are not contrary to the Act. The Department likewise proposed to amend condition (a)(2) of PTE 75-1, Part V, which required that the party in interest or disqualified person providing the extension of credit to the plan: [i]s not a fiduciary with respect to any assets of such plan, unless no interest or other consideration is received by such fiduciary or any affiliate thereof in connection with such extension of credit. Under the proposed amendment, section (a)(2) states that the party in interest or disqualified person extending credit to the plan: does not have or exercise any discretionary authority or control (except as a directed trustee) with respect to the investment of the plan assets involved in the transaction, nor does it render investment advice (within the meaning of 29 CFR section 2510.3-21(c)) with respect to those assets, unless no interest or other consideration is received by the party in interest or disqualified person or any affiliate thereof in connection with such extension of credit. Discussion of Comments The Department received one comment concerning the effective date of the proposed amendments. The commenter requested that, with respect to the proposed amendments to condition

(d)of Part II and condition (a)(2) of Part V, the Department state that it was the intention of the Department at the time of the granting of the final exemption in 1975 to focus only on fiduciaries with respect to the plan assets involved in the transaction, as opposed to any fiduciary of the plan. The commenter referenced the following language in the preamble of the proposed exemption in August 1975 regarding proposed regulations under the definition of fiduciary at section 3(21) of the Act: It should be noted, moreover, that under the regulations proposed in conjunction with these proposed exemptions relating to the definition of the term “fiduciary,” a person who is a plan fiduciary would be deemed to be a fiduciary only with respect to those plan assets with respect to which he exercises those functions which make him a fiduciary. 40 FR 33566. The Department received a follow up submission from this commenter requesting that, in order to avoid confusion and uncertainty, this amendment to PTE 75-1 be made retroactive to October 31, 1975. The Department also has been urged informally to adopt a retroactive effective date. While the Department acknowledges that some confusion may have arisen from the fact that two conditions of PTE 75-1, Part II and Part V, regarding fiduciaries, were broader than the Department's regulations regarding the definition of a fiduciary under section 3(21) of the Act, the Department is unable to concur with the commenter that its original intent with respect to such conditions was in fact to limit them to fiduciaries with respect to the plan assets involved in the transaction. 6 The conditions contained in the Department's administrative exemptions are designed to ensure that the Department can make findings required pursuant to section 408(a) of ERISA and 4975(c)(2) of the Code that the exemption is administratively feasible, and in the interests of, and protective of the rights of, plan participants and beneficiaries. The Department's regulations do not govern the scope of the conditions of its administrative exemptions. Therefore, the fact that a regulation defining the term “fiduciary” may have focused on the plan assets with respect to which a person exercises fiduciary functions does not necessarily govern the meaning of a condition of an administrative exemption. Prior to this amendment, the conditions in PTE 75-1, Part II and V, clearly referred to a fiduciary with respect to a plan. 6 The Department notes that the language quoted by the commenter appeared in the preamble to Part III of PTE 75-1, which is not the subject of this amendment. Nevertheless, in the Department's view, an interpretation of the conditions of PTE 75-1, Part II and Part V, which focused on fiduciaries with respect to the plan assets involved in the transaction would not have created an undue risk of loss of plan assets. As the Department has concluded that the amendments are sufficiently protective of plan assets on a prospective basis, the Department believes a similar conclusion would dictate in favor of granting the amendments on a retroactive basis. Accordingly, the Department has determined to make these amendments to PTE 75-1 retroactive to January 1, 1975, which is the effective date of PTE 75-1. The Department received three comments on the current utility of the Mutual Fund Exemption. Based on the information received, the Department believes that additional time is needed to more fully consider the issues raised by the commenters. However, the Department does not wish to unduly delay finalization of the other amendments to PTE 75-1. Accordingly, this document contains final amendments to Parts II and V of PTE 75-1 and adopts the repositioning of the Mutual Fund Exemption to paragraph

(2)of PTE 75-1, Part II, and adopts the clarifying language. As a result, the Mutual Fund Exemption remains in effect pending further action by the Department. General Information The attention of interested persons is directed to the following:

(1)The fact that a transaction is the subject of an exemption granted under section 408(a) of the Act and section 4975(c)(2) of the Code does not relieve a fiduciary or other party in interest or disqualified person with respect to a plan to which the exemption is applicable from certain other provisions of the Act and the Code, including any prohibited transaction provisions to which the exemption 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 plan's participants and beneficiaries and in a prudent fashion in accordance with subsection (a)(1)(B) of section 404 of the Act; nor does it affect the requirement of section 401(a) of the Code that a plan must operate for the exclusive benefit of employees of the employer maintaining the plan and their beneficiaries;

(2)The Department finds that the amended exemption is administratively feasible, in the interests of the plan and of its participants and beneficiaries, and protective of the rights of participants and beneficiaries of the plan;

(3)The amended exemption is applicable to a particular transaction only if the transaction satisfies the conditions specified in the exemption; and

(4)The amended exemption is supplemental to, and not in derogation of, any other provisions of the Act and the Code, including statutory and other exemptions and transitional rules. Furthermore, the fact that a transaction is the subject of an exemption is not dispositive of whether the transaction would have been a prohibited transaction in the absence of such exemption. Amendment Accordingly, PTE 75-1 is amended as follows under the authority of section 408(a) of the Act and section 4975(c)(2) of the Code, and in accordance with the procedures set forth in 29 CFR part 2570, subpart B (55 FR 32836, 32847, August 10, 1990). I. PTE 75-1, Part II, is amended in its entirety to read as follows:

(1)The restrictions of section 406(a) of the Employee Retirement Income Security Act of 1974 (the Act) and the taxes imposed by section 4975(a) and

(b)of the Internal Revenue Code of 1986 (the Code), by reason of section 4975(c)(1)(A) through

(D)of the Code, shall not apply to any purchase or sale of a security between an employee benefit plan and a broker-dealer registered under the Securities Exchange Act of 1934 (15 U.S.C. 78a *et seq.* ), a reporting dealer who makes primary markets in securities of the United States Government or of any agency of the United States Government (“Government securities”) and reports daily to the Federal Reserve Bank of New York its positions with respect to Government securities and borrowings thereon, or a bank supervised by the United States or a State, and

(2)The restrictions of section 406(a) and 406(b) of the Act and the taxes imposed by section 4975(a) and

(b)of the Code, by reason of section 4975(c)(1)(A) through

(F)of the Code, shall not apply to the purchase or sale by a plan of securities issued by an open-end investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 *et seq.* ), provided that no fiduciary with respect to the plan who makes the decision on behalf of the plan to enter into the transaction is a principal underwriter for, or affiliated with, such investment company within the meaning of sections 2(a)(29) and 2(a)(3) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(29) and 80a-2(a)(3)). The exemptions set forth in

(1)and

(2)above are subject to the following conditions:

(a)In the case of such broker-dealer, it customarily purchases and sells securities for its own account in the ordinary course of its business as a broker-dealer.

(b)In the case of such reporting dealer or bank, it customarily purchases and sells Government securities for its own account in the ordinary course of its business and such purchase or sale between the plan and such reporting dealer or bank is a purchase or sale of Government securities.

(c)Such transaction is at least as favorable to the plan as an arm's length transaction with an unrelated party would be, and it was not, at the time of such transaction, a prohibited transaction within the meaning of section 503(b) of the Code.

(d)Except with respect to transactions described in section

(2)above, neither the broker-dealer, reporting dealer, bank, nor any affiliate thereof has or exercises any discretionary authority or control (except as a directed trustee) with respect to the investment of the plan assets involved in the transaction, or renders investment advice (within the meaning of 29 CFR 2510.3-21(c)) with respect to those assets.

(e)The plan maintains or causes to be maintained for a period of six years from the date of such transaction such records as are necessary to enable the persons described in paragraph

(f)of this exemption to determine whether the conditions of this exemption have been met, except that:

(1)Such broker-dealer, reporting dealer, or bank shall not be subject to the civil penalty which may be assessed under section 502(i) of the Act, or to the taxes imposed by section 4975(a) and

(b)of the Code, if such records are not maintained, or are not available for examination as required by paragraph

(f)below; and

(2)A prohibited transaction will not be deemed to have occurred if, due to circumstances beyond the control of the plan fiduciaries, such records are lost or destroyed prior to the end of such six-year period.

(f)Notwithstanding anything to the contrary in subsections (a)(2) and

(b)of section 504 of the Act, the records referred to in paragraph

(e)are unconditionally available for examination during normal business hours by duly authorized employees of

(1)the Department of Labor,

(2)the Internal Revenue Service,

(3)plan participants and beneficiaries,

(4)any employer of plan participants and beneficiaries, and

(5)any employee organization any of whose members are covered by such plan. For purposes of this exemption, the terms “broker-dealer,” “reporting dealer” and “bank” shall include such persons and any affiliates thereof, and the term “affiliate” shall be defined in the same manner as that term is defined in 29 CFR 2510.3-21(e) and 26 CFR 54.4975-9(e). II. PTE 75-1, Part V, is amended in its entirety to read as follows: The restrictions of section 406 of the Employee Retirement Income Security Act of 1974 (the Act) and the taxes imposed by section 4975(a) and

(b)of the Internal Revenue Code of 1986 (the Code), by reason of section 4975(c)(1) of the Code, shall not apply to any extension of credit to an employee benefit plan by a party in interest or a disqualified person with respect to the plan, provided that the following conditions are met:

(a)The party in interest or disqualified person:

(1)Is a broker or dealer registered under the Securities Exchange Act of 1934; and

(2)Does not have or exercise any discretionary authority or control (except as a directed trustee) with respect to the investment of the plan assets involved in the transaction, nor does it render investment advice (within the meaning of 29 CFR 2510.3-21(c)) with respect to those assets, unless no interest or other consideration is received by the party in interest or disqualified person or any affiliate thereof in connection with such extension of credit.

(b)Such extension of credit:

(1)Is in connection with the purchase or sale of securities;

(2)Is lawful under the Securities Exchange Act of 1934 and any rules and regulations promulgated thereunder; and

(3)Is not a prohibited transaction within the meaning of section 503(b) of the Code.

(c)The plan maintains or causes to be maintained for a period of six years from the date of such transaction such records as are necessary to enable the persons described in paragraph

(d)of this exemption to determine whether the conditions of this exemption have been met, except that:

(1)If such party in interest or disqualified person is not a fiduciary with respect to any assets of the plan, such party in interest or disqualified person shall not be subject to the civil penalty which may be assessed under section 502(i) of the Act, or to the taxes imposed by section 4975(a) and

(b)of the Code, if such records are not maintained, or are not available for examination as required by paragraph

(d)below; and

(d)Notwithstanding anything to the contrary in subsections (a)(2) and

(b)of section 504 of the Act, the records referred to in paragraph

(c)are unconditionally available for examination during normal business hours by duly authorized employees of

(1)the Department of Labor,

(2)the Internal Revenue Service,

(3)plan participants and beneficiaries,

(4)any employer of plan participants and beneficiaries, and

(5)any employee organization any of whose members are covered by such plan. For purposes of this exemption, the terms “party in interest” and “disqualified person” shall include such party in interest or disqualified person and any affiliates thereof, and the term “affiliate” shall be defined in the same manner as that term is defined in 29 CFR 2510.3-21(e) and 26 CFR 54.4975-9(e). Signed at Washington DC, this 30th day of January, 2006. Ivan L. Strasfeld, Director, Office of Exemption Determinations, Employee Benefits Security Administration, Department of Labor. [FR Doc. E6-1484 Filed 2-2-06; 8:45 am] BILLING CODE 4520-29-P DEPARTMENT OF LABOR Employee Benefits Security Administration [Exemption Application D-11069] Amendment to Prohibited Transaction Exemption 84-24 (PTE 84-24) For Certain Transactions Involving Insurance Agents and Brokers, Pension Consultants, Insurance Companies, Investment Companies and Investment Company Principal Underwriters AGENCY: Employee Benefits Security Administration, U.S. Department of Labor. ACTION: Adoption of Amendment to PTE 84-24. SUMMARY: This document amends PTE 84-24, a class exemption that provides relief for certain transactions relating to the purchase, with plan assets, of investment company securities or insurance or annuity contracts, and the payment of associated sales commissions to insurance agents or brokers, pension consultants, or investment company principal underwriters that are parties in interest with respect to such plan. The amendment extends relief to purchase transactions involving insurance agents and brokers, pension consultants, and investment company principal underwriters whose affiliates exercise investment discretion over plan assets that are not involved in the transaction. DATES: The amendment is effective February 3, 2006. FOR FURTHER INFORMATION CONTACT: Christopher Motta, Office of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor,

(202)693-8540 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: On September 14, 2004, notice was published in the **Federal Register** (69 FR 55463) of the pendency before the Department of a proposed amendment to PTE 84-24 (49 FR 13208 (April 3, 1984) as corrected at 49 FR 24819 (June 15, 1984)). PTE 84-24 provides an exemption from the restrictions of section 406(a)(1)(A) through

(D)and section 406(b) of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and from the taxes imposed by section 4975(a) and

(b)of the Code, by reason of section 4975(c)(1)(A) through

(F)of the Code. 1 1 References to section 406 of ERISA as they appear throughout this amendment should be read to refer as well to the corresponding provisions of section 4975 of the Internal Revenue Code of 1986, as amended (the Code). The amendment to PTE 84-24 was proposed by the Department on its own motion, pursuant to section 408(a) of ERISA and section 4975(c)(2) of the Code and in accordance with the procedures set forth in 29 CFR part 2570, subpart B (55 FR 32836, 32847, August 10, 1990). 2 The notice of pendency gave interested persons an opportunity to comment or to request a hearing on the proposed amendment. The Department received one comment on the proposed amendment. That comment, from the Investment Company Institute, supported the amendment as proposed. The Department did not receive a request for a public hearing. 2 Section 102 of the Reorganization Plan No. 4 of 1978 (5 U.S.C. App. at 214, 2000 ed.) generally transferred the authority of the Secretary of the Treasury to issue administrative exemptions under section 4975 of the Code to the Secretary of Labor. For the sake of convenience, the entire text of PTE 84-24, as amended, has been reprinted in this notice. Executive Order 12866 Statement Under Executive Order 12866, the Department must determine whether a regulatory action is “significant” and therefore subject to the requirements of the Executive Order and subject to review by the Office of Management and Budget (OMB). Under section 3(f), the order defines a “significant regulatory action” as an action that is likely to result in a rule

(2)creating serious inconsistency or otherwise interfering with an action taken or planned by another agency;

(3)materially altering the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(PRA)and therefore is not subject to the requirements of the PRA. The recordkeeping requirement that is one of the conditions imposed under PTE 84-24 (section V(e)(1)), both prior to this amendment and hereinafter, has been approved by OMB as part of the information collection request assigned OMB control number 1210-0059. The approval is currently scheduled to expire on August 31, 2008. Description of the Exemption, as Amended PTE 84-24 provides relief for certain classes of transactions involving purchases with plan assets of insurance or annuity contracts and of securities issued by registered investment companies, and the receipt of sales commissions in connection therewith. Section I and section II of PTE 84-24 provide retroactive and prospective relief for covered transactions. Section III describes the transactions covered by the class exemption as follows:

(a)The direct or indirect receipt by an insurance agent or broker or a pension consultant of a sales commission from an insurance company in connection with the purchase, with plan assets of an insurance or annuity contract;

(b)the receipt of a sales commission by a principal underwriter for an investment company registered under the Investment Company Act of 1940 (hereinafter, an investment company) in connection with the purchase, with plan assets, of securities issued by an investment company;

(c)the effecting by an insurance agent or broker, pension consultant or investment company principal underwriter of a transaction for the purchase, with plan assets, of an insurance or annuity contract or securities issued by an investment company;

(d)the purchase, with plan assets, of an insurance or annuity contract from an insurance company;

(e)the purchase, with plan assets, of an insurance or annuity contract from an insurance company which is a fiduciary or a service provider (or both) with respect to the plan solely by reason of the sponsorship of a master or prototype plan; and

(f)the purchase, with plan assets, of securities issued by an investment company from, or the sale of such securities to, an investment company or an investment company principal underwriter, when such investment company, principal underwriter, or the investment company investment adviser is a fiduciary or a service provider (or both) with respect to the plan solely by reason of:

(1)The sponsorship of a master or prototype plan; or

(2)the provision of nondiscretionary trust services to the plan; or

(3)both

(1)and (2). Section IV contains general conditions applicable to all transactions described in section III. Section V of the class exemption contains conditions specific to transactions described in section III(a) through (d). Section VI defines certain terms that are used in the class exemption. Section VI(b) defines the terms “insurance agent or broker,” “pension consultant,” “insurance company,” “investment company,” and “principal underwriter” to mean such persons and any affiliates thereof. Section V excludes certain persons from engaging in transactions covered by the class exemption. In this regard, sections V(a)(1) and V(a)(3) provided that the insurance agent or broker, pension consultant, insurance company, or investment company principal underwriter may not engage in a covered transaction if such person is a trustee of the plan (other than a nondiscretionary trustee who does not render investment advice with respect to any assets of the plan) or a fiduciary who is expressly authorized in writing to manage, acquire or dispose of the assets of the plan on a discretionary basis. The amendment adopted by this notice provides a limited exception to such restrictions (which otherwise remain in effect). In this regard, section V(a), as amended, now provides that, notwithstanding the restriction contained therein, an insurance agent or broker, pension consultant, insurance company, or investment company principal underwriter that is affiliated with a trustee or investment manager with respect to a plan may engage in a transaction described in section III(a) through

(d)of this exemption on behalf of a plan if such trustee or investment manager has no discretionary authority or control over the plan assets involved in the transaction other than as a nondiscretionary trustee. 3 3 As described in the notice of proposed amendment to PTE 84-24, the Department and the Service previously took the view that the class exemption extends relief to a plan's purchase of an insurance or annuity contract through an agent or broker affiliated with an entity that manages certain of the plan's assets to the extent that the investment manager is not, with respect to the transaction, a fiduciary expressly authorized in writing to manage, acquire, or dispose of, on a discretionary basis, the assets of the plan involved in the purchase transaction. See letter from the Department of the Service to John A. Cardon, Esq., et al., part 6 (October 31, 1977). The amendment adopted in this notice also modifies the definition of the term “nondiscretionary trust services” in section VI(g) of PTE 84-24 to permit a party to use the exemption, notwithstanding its affiliation with a nondiscretionary trustee, including a directed trustee that performs such services pursuant to directions in accordance with ERISA section 403(a)(1), with respect to the plan assets involved in the transaction. 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 ERISA and section 4975(c)(2) of the Code does not relieve a fiduciary, or other party in interest or disqualified person with respect to a plan, from certain other provisions of ERISA and the Code, including any prohibited transaction provisions to which the exemption does not apply and the general fiduciary responsibility provisions of section 404 of ERISA which require, among other things, that a fiduciary discharge his or her duties respecting the plan solely in the interests of the participants and beneficiaries of the plan; 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)In accordance with section 408(a) of ERISA and 4975(c)(2) of the Code, the Department makes the following determinations:

(i)The amendment set forth herein is administratively feasible;

(ii)the amendment set forth herein is in the interests of plans and of their participants and beneficiaries; and

(iii)the amendment set forth herein is protective of the rights of participants and beneficiaries of plans;

(3)The amendment is applicable to a particular transaction only if the transaction satisfies the conditions specified in the exemption; and

(4)The amendment is supplemental to, and not in derogation of, any other provisions of ERISA and the Code, including statutory or administrative exemptions and transitional 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. Exemption Accordingly, PTE 84-24 is amended under the authority of section 408(a) of the Employee Retirement Income Security Act of 1974 (the Act) and section 4975(c)(2) of the Internal Revenue Code of 1986, as amended (the Code), and in accordance with the procedures set forth in 29 CFR part 2570, subpart B (55 FR 32836, 32847, August 10, 1990), as set forth below: Section I—Retroactive Application The restrictions of sections 406(a)(1)(A) through

(D)and 406(b) of the Act and the taxes imposed by section 4975 of the Code do not apply to any of the transactions described in section III of this exemption in connection with purchases made before November 1, 1977, if the conditions set forth in section IV are met. Section II—Prospective Application The restrictions of section 406(a)(1)(A) through

(D)and 406(b) of the Act and the taxes imposed by section 4975 of the Code do not apply to any of the transactions described in section III of this exemption in connection with purchases made after October 31, 1977, if the conditions set forth in sections IV and V are met. Section III—Transactions

(a)The receipt, directly or indirectly, by an insurance agent or broker or a pension consultant of a sales commission from an insurance company in connection with the purchase, with plan assets, of an insurance or annuity contract.

(b)The receipt of a sales commission by a principal underwriter for an investment company registered under the Investment Company Act of 1940 (hereinafter referred to as an investment company) in connection with the purchase, with plan assets, of securities issued by an investment company.

(c)The effecting by an insurance agent or broker, pension consultant or investment company principal underwriter of a transaction for the purchase, with plan assets, of an insurance or annuity contract or securities issued by an investment company.

(d)The purchase, with plan assets, of an insurance or annuity contract from an insurance company.

(e)The purchase, with plan assets, of an insurance or annuity contract from an insurance company which is a fiduciary or a service provider (or both) with respect to the plan solely by reason of the sponsorship of a master or prototype plan.

(f)The purchase, with plan assets, of securities issued by an investment company from, or the sale of such securities to, an investment company or an investment company principal underwriter, when such investment company, principal underwriter, or the investment company investment adviser is a fiduciary or a service provider (or both) with respect to the plan solely by reason of:

(1)The sponsorship of a master or prototype plan; or

(2)the provision of nondiscretionary trust services to the plan; or

(3)both

(1)and (2). Section IV—Conditions With Respect to Transactions Described in Section III

(a)The transaction is effected by the insurance agent or broker, pension consultant, insurance company or investment company principal underwriter in the ordinary course of its business as such a person.

(b)The transaction is on terms at least as favorable to the plan as an arm's-length transaction with an unrelated party would be.

(c)The combined total of all fees, commissions and other consideration received by the insurance agent or broker, pension consultant, insurance company, or investment company principal underwriter:

(1)For the provision of services to the plan; and

(2)In connection with the purchase of insurance or annuity contracts or securities issued by an investment company is not in excess of “reasonable compensation” within the contemplation of section 408(b)(2) and 408(c)(2) of the Act and sections 4975(d)(2)and 4975(d)(10) of the Code. If such total is in excess of “reasonable compensation,” the “amount involved” for purposes of the civil penalties of section 502(i) of the Act and the excise taxes imposed by section 4975

(a)and

(b)of the Code is the amount of compensation in excess of “reasonable compensation.” Section V—Conditions for Transactions Described in Section III

(a)Through

(d)The following conditions apply solely to a transaction described in paragraphs (a), (b),

(c)or

(d)of section III:

(a)The insurance agent or broker, pension consultant, insurance company, or investment company principal underwriter is not

(1)a trustee of the plan (other than a nondiscretionary trustee who does not render investment advice with respect to any assets of the plan),

(2)a plan administrator (within the meaning of section 3(16)(A) of the Act and section 414(g) of the Code),

(3)a fiduciary who is expressly authorized in writing to manage, acquire or dispose of the assets of the plan on a discretionary basis, or

(4)for transactions described in sections III

(a)through

(d)entered into after December 31, 1978, an employer any of whose employees are covered by the plan. Notwithstanding the above, an insurance agent or broker, pension consultant, insurance company, or investment company principal underwriter that is affiliated with a trustee or an investment manager (within the meaning of section VI(b)) with respect to a plan may engage in a transaction described in section III(a) through

(d)of this exemption on behalf of the plan if such trustee or investment manager has no discretionary authority or control over the plan assets involved in the transaction other than as a nondiscretionary trustee. (b)(1) With respect to a transaction involving the purchase with plan assets of an insurance or annuity contract or the receipt of a sales commission thereon, the insurance agent or broker or pension consultant provides to an independent fiduciary with respect to the plan prior to the execution of the transaction the following information in writing and in a form calculated to be understood by a plan fiduciary who has no special expertise in insurance or investment matters:

(A)If the agent, broker, or consultant is an affiliate of the insurance company whose contract is being recommended, or if the ability of such agent, broker or consultant to recommend insurance or annuity contracts is limited by any agreement with such insurance company, the nature of such affiliation, limitation, or relationship;

(B)The sales commission, expressed as a percentage of gross annual premium payments for the first year and for each of the succeeding renewal years, that will be paid by the insurance company to the agent, broker or consultant in connection with the purchase of the recommended contract; and

(C)For purchases made after June 30, 1979, a description of any charges, fees, discounts, penalties or adjustments which may be imposed under the recommended contract in connection with the purchase, holding, exchange, termination or sale of such contract.

(2)Following the receipt of the information required to be disclosed in paragraph (b)(1), and prior to the execution of the transaction, the independent fiduciary acknowledges in writing receipt of such information and approves the transaction on behalf of the plan. Such fiduciary may be an employer of employees covered by the plan, but may not be an insurance agent or broker, pension consultant or insurance company involved in the transaction. Such fiduciary may not receive, directly or indirectly ( *e.g.* through an affiliate), any compensation or other consideration for his or her own personal account from any party dealing with the plan in connection with the transaction. (c)(1) With respect to a transaction involving the purchase with plan assets of securities issued by an investment company or the receipt of a sales commission thereon by an investment company principal underwriter, the investment company principal underwriter provides to an independent fiduciary with respect to the plan, prior to the execution of the transaction, the following information in writing and in a form calculated to be understood by a plan fiduciary who has no special expertise in insurance or investment matters:

(A)If the person recommending securities issued by an investment company is the principal underwriter of the investment company whose securities are being recommended, the nature of such relationship and of any limitation it places upon the principal underwriter's ability to recommend investment company securities;

(B)The sales commission, expressed as a percentage of the dollar amount of the plan's gross payment and of the amount actually invested, that will be received by the principal underwriter in connection with the purchase of the recommended securities issued by the investment company; and

(C)For purchases made after December 31, 1978, a description of any charges, fees, discounts, penalties, or adjustments which may be imposed under the recommended securities in connection with the purchase, holding, exchange, termination or sale of such securities.

(2)Following the receipt of the information required to be disclosed in paragraph (c)(1), and prior to the execution of the transaction, the independent fiduciary approves the transaction on behalf of the plan. Unless facts or circumstances would indicate the contrary, such approval may be presumed if the fiduciary permits the transaction to proceed after receipt of the written disclosure. Such fiduciary may be an employer of employees covered by the plan, but may not be a principal underwriter involved in the transaction. Such fiduciary may not receive, directly or indirectly ( *e.g.* through an affiliate), any compensation or other consideration for his or her own personal account from any party dealing with the plan in connection with the transaction.

(d)With respect to additional purchases of insurance or annuity contracts or securities issued by an investment company, the written disclosure required under paragraphs

(b)and

(c)of this section V need not be repeated, unless—

(1)More than three years have passed since such disclosure was made with respect to the same kind of contract or security, or

(2)The contract or security being recommended for purchase or the commission with respect thereto is materially different from that for which the approval described in paragraphs

(b)and

(c)of this section was obtained. (e)(1)) In the case of any transaction described in paragraphs (a), (b), or

(c)of section III, the insurance agent or broker (or the insurance company whose contract is being described if designated by the agent or broker), pension consultant or investment company principal underwriter shall retain or cause to be retained for a period of six years from the date of such transaction, the following:

(A)The information disclosed pursuant to paragraphs (b), (c), and

(d)of this section V;

(B)Any additional information or documents provided to the fiduciary described in paragraphs

(b)and

(c)of this section V with respect to such transaction; and

(C)The written acknowledgement described in paragraph

(b)of this section.

(2)A prohibited transaction will not be deemed to have occurred if, due to circumstances beyond the control of the insurance agent or broker, pension consultant, or principal underwriter, such records are lost or destroyed prior to the end of such six-year period.

(3)Notwithstanding anything to the contrary in section 504(a)(2) and

(b)of the Act, such records are unconditionally available for examination during normal business hours by duly authorized employees or representatives of the Department of Labor, the Internal Revenue Service, plan participants and beneficiaries, any employer of plan participants and beneficiaries, and any employee organization any of whose members are covered by the plan. Section VI—Definitions For purposes of this exemption:

(a)The term “principal underwriter” is defined in the same manner as that term is defined in section 2(a)(29) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(29)).

(b)The terms “insurance agent or broker,” “pension consultant,” “insurance company,” “investment company,” and “principal underwriter” mean such persons and any affiliates thereof.

(c)The term “affiliate” of a person means:

(1)Any person directly or indirectly controlling, controlled by, or under common control with such person;

(2)Any officer, director, employee (including, in the case of principal underwriter, any registered representative thereof, whether or not such person is a common law employee of such principal underwriter), or relative of any such person, or any partner in such person; or

(3)Any corporation or partnership of which such person is an officer, director, or employee, or in which such person is a partner.

(d)The term “control” means the power to exercise a controlling influence over the management or policies of a person other than an individual.

(e)The term “relative” means a “relative” as that term is defined in section 3(15) of the Act (or a “member of the family” as that term is defined in section 4975(e)(6) of the Code), or a brother, a sister, or a spouse of a brother or a sister.

(f)The term “master or prototype plan” means a plan which is approved by the Service under Rev. Proc. 72-7, 1972-1 C.B. 715, or Rev. Proc. 72-8, 1972-1 C.B. 716, or their successors.

(g)“The term “nondiscretionary trust services” means custodial services, services ancillary to custodial services, none of which services are discretionary, duties imposed by any provisions of the Code, and services performed pursuant to directions in accordance with ERISA section 403(a)(1). The term “nondiscretionary trustee” of a plan means a trustee whose powers and duties with respect to the plan are limited to the provision of nondiscretionary trust services. For purposes of this exemption, a person who is otherwise a nondiscretionary trustee will not fail to be a nondiscretionary trustee solely by reason of his having been delegated, by the sponsor of a master or prototype plan, the power to amend such plan. Signed at Washington, DC this 30th day of January, 2006. Ivan L. Strasfeld, Director, Office of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor. [FR Doc. E6-1504 Filed 2-2-06; 8:45 am] BILLING CODE 4520-29-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,574] Foamex LP Consumer Products Group Compton, California; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 4, 2006, in response to a worker petition filed by a company official on behalf of workers at Foamex LP, Consumer Products Group, Compton, California. The petitioning group of workers is covered by an earlier petition (TA-W-58,639) filed on December 22, 2005 that is the subject of an ongoing investigation for which a determination has not yet been issued. Further investigation in this case would duplicate efforts and serve no purpose; therefore the investigation under this petition has been terminated. Signed at Washington, DC, this 24th day of January, 2006. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-1496 Filed 2-2-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than February 13, 2006. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than February 13, 2006. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC, this 26th day of January 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. Appendix [TAA petitions instituted between 1/9/06 and 1/13/06] TA-W Subject firm (petitioners) Location Date of institution Date of petition 58593 Pliana, Inc.

(Comp)Charlotte, NC 01/09/06 01/06/06 58594 Donaldson Filtration Systems (State) Grinnell, IA 01/09/06 01/06/06 58595 Lear Corporation (Union) Plymouth, MI 01/09/06 01/05/05 58596 T.I. Industries

(Comp)Lexington, NC 01/09/06 01/03/06 58597 Cooper Standard Automotive

(UAW)Gaylord, MI 01/09/06 12/27/05 58598 Springs Global US, Inc.

(Comp)Fort Mill, SC 01/09/06 01/06/06 58599 TRX Fulfillment Services (State) Atlanta, GA 01/09/06 01/09/06 58600 Tex-Tenn Corporation

(Comp)Gray, TN 01/09/06 01/09/06 58601 Gould Electronics, Inc. (State) Chandler, AZ 01/09/06 01/09/06 58602 Leggett and Platt, Inc.

(Wkrs)Dubuque, IA 01/10/06 01/06/06 58603 Goody Products, Inc.

(Comp)Manchester, GA 01/10/06 01/06/06 58604 Cohn Athletic Mfg. and Service Comapny (State) St. James, MO 01/10/06 01/10/06 58605 NVF Company (Union) Yorklyn, DE 01/10/06 01/10/06 58606 Osram Sylvania (Union) Warren, PA 01/10/06 01/10/06 58607 Kellwood Company

(Comp)Morgantown, KY 01/10/06 01/10/06 58608 Rug Barn ( The)

(Wkrs)Abbeville, SC 01/11/06 01/10/06 58609 American Decorative Surfaces, Inc. (UNITE) Dupo, IL 01/11/06 01/10/06 58610 Copeland Corporation

(Comp)Shelby, NC 01/11/06 01/11/06 58611 C-COR Access and Transport Business Unit

(Comp)Wallingford, CT 01/11/06 01/10/06 58612 MKS Instruments Medical Electronics

(Comp)Colorado Springs, CO 01/11/06 01/11/06 58613 Olon Industries

(Comp)Atlanta, GA 01/11/06 01/03/06 58614 Lenoir Mirror Company (State) Lenoir, NC 01/11/06 01/11/06 58615 Bristol Compressors, Inc.

(Comp)Bristol, VA 01/11/06 01/11/06 58616 Linn Benton Community College

(Wkrs)Corvallis, OR 01/12/06 01/10/06 58617 Taylor's Leatherwear

(Comp)Tullahoma, TN 01/12/06 01/06/06 58618 W.E. Stephens Mfg. Company

(Comp)Nashville, TN 01/12/06 01/11/06 58619 Woodard, LLC (State) Owosso, MI 01/12/06 01/12/06 58620 Bankers Trust Services (State) New York, NY 01/12/06 01/12/06 58621 Murata Electronics North America, Inc.

(Wkrs)State College, PA 01/12/06 01/11/06 58622 Springs Inudustries

(Comp)Swannanoa, NC 01/12/06 01/12/06 58623 Clemson Centre

(Comp)Clemson, SC 01/12/06 01/12/06 58624 Fairchild Semiconductor International

(Comp)Mountaintop, PA 01/12/06 01/11/06 58625 New Venture Industries

(UAW)Grand Blanc, MI 01/12/06 01/11/06 58626 Nutone, Inc.

(UAW)Cincinati, OH 01/12/06 01/11/06 58627 Char Broil, LLC

(Comp)Columbus, GA 01/12/06 01/04/06 58628 Five Rivers Electronic Innovations

(IUE)Greeneville, TN 01/12/06 01/06/06 58629 Consolidated Container Co. (Union) Leetsdale, PA 01/12/06 01/11/06 58630 Swagelok Biopharm Services Company

(Wkrs)North Tonawanda, NY 01/13/06 01/05/06 58631 Newburgh Dye and Printing, Inc. (State) Newburgh, NY 01/13/06 01/12/06 58632 Leyold Vacuum (State) Tempe, AZ 01/13/06 01/12/06 58633 Southern Hardwoods, Inc.

(Wkrs)Laurinburg, NC 01/13/06 01/10/06 58634 Carolina Quilting Company, Inc.

(Wkrs)Lawndale, NC 01/13/06 12/19/05 58635 Land America National Lender Services

(Wkrs)Englewood, CO 01/13/06 01/13/06 58636 Smith and Nephew Endoscopy

(Comp)Andover, MA 01/13/06 01/11/06 [FR Doc. E6-1497 Filed 2-2-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,567; TA-W-57,567A; TA-W-57,567B] Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273), the Department of Labor herein presents the results of an investigation regarding certification of eligibility to apply for worker adjustment assistance. The group eligibility requirements for directly-impacted (primary) workers under Section 222(a) of the Trade Act of 1974, as amended, can be satisfied in either of two ways: I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers' firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. The investigation was initiated on July 19, 2005 in response to a petition filed by a company official on behalf of workers of Cequent Electrical Products, Light Assemblies Product Line (TA-W-57,567), Breakaway Switches Product Line (TA-W-57,567A), and Cable Connectors (TA-W-57,567B), Albion, Indiana. The workers produce light assemblies, breakaway switches, and cable connectors for the recreational vehicle industry; workers are separately identifiable by product line. With regards to the Light Assemblies Product Line, the investigation revealed that criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B) were not met. The investigation revealed that the subject firm did not import light assemblies, nor did it shift production abroad during the relevant period. The production of light assemblies will be transferred to a domestic facility upon the subject facility's shutdown on September 30, 2005. With regards to the Breakaway Switches Product Line, it is determined in this case that the requirements of (a)(2)(A) and (a)(2)(C) of section 222 have been met. The investigation revealed that the subject firm will start shifting production of breakaway switches to China and import them back into the United States upon the subject plant's shutdown on September 30, 2005. With regards to the Cable Connectors Product Line, it is determined in this case that the requirements of (a)(2)(B) of section 222 have been met. The declines in employment, sales, and production at the subject product line are related to a shift in production of cable connectors to a country (Mexico) that is a party to a free trade agreement with the United States. The shift will commence upon the subject facility's shutdown on September 30, 2005. In addition, in accordance with section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance

(ATAA)for older workers. With respect to workers producing lights, in order for the Department to issue a certification of eligibility to apply for ATAA, the worker group must be certified eligible to apply for trade adjustment assistance (TAA). Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. The group eligibility criteria for the ATAA program that the Department must consider under Section 246 of the Trade Act are: 1. Whether a significant number of workers in the workers' firm are 50 years of age or older. 2. Whether the workers in the workers' firm possess skills that are not easily transferable. 3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse). The Department has determined that with respect to workers producing switches and connectors, criterion 2 has not been met. The workers' possess skills that are easily transferable to new positions. Conclusion After careful review, I determine that all workers of Cequent Electrical Products, Light Assemblies Product Line, Albion, Indiana (TA-W-57,567) are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974. Furthermore, after careful review, I determine that increases of imports of articles like or directly competitive with those produced by the Breakaway Switches Product Line contributed importantly to the total or partial separation of workers and to the decline in sales or production and at that firm or subdivision. I also determine that there was a shift in production from the Cable Connectors Product Line to Mexico of articles that are like or directly competitive with those produced by the subject firm or subdivision. In accordance with the provisions of the Act, I make the following certification: All workers of Cequent Electrical Products, Breakaway Switches Product Line, Albion, Indiana (TA-W-57,567A), and Cequent Electrical Products, Cable Connectors Product Line Albion, Indiana (TA-W-57,567B), who became totally or partially separated from employment on or after July 15, 2004 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974. I further determine that all workers of Cequent Electrical Products, Light Assemblies Product Line (TA-W-57,567), Breakaway Switches Product Line, (TA-W-57,567A), and Cable Connections Product Line, Albion, Indiana (TA-W-57,567B), are denied eligibility to apply for alternative trade adjustment assistance under section 246 of the Trade Act of 1974, as amended. Signed in Washington, DC, this 14th day of September, 2005. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-1492 Filed 2-2-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,391] John Crane, Inc., Vandalia, IL; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 22, 2005 in response to a petition filed on behalf of workers at John Crane, Inc., Vandalia, Illinois. The petitioners, separated from employment in July 2005, indicated that the plant closed in August 2005. A review of petition certifications determined that the petitioners are covered by a certification, TA-W-53,322, that did not expire until November 12, 2005. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated. Signed at Washington, DC this 24th day of January, 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-1493 Filed 2-2-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,435] Negative Determination Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273), the Department of Labor herein presents the results of an investigation regarding certification of eligibility to apply for worker adjustment assistance. The group eligibility requirements for directly-impacted (primary) workers under Section 222(a) of the Trade Act of 1974, as amended, can be satisfied in either of two ways: I. In section (a)(2)(A), all of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. In section (a)(2)(B), both of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers' firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. The investigation was initiated on December 1, 2005 in response to a petition filed by the International Association of Machinists and Aerospace Workers (IAMAW), Local 2067 on behalf of workers at Paxar Americas, Inc., Thomas Avenue Plant, a subsidiary of Paxar Corporation, Systems Division, Sayre, Pennsylvania. The workers at the subject firm produce electronic imprint machines ( *e.g.* , label printing machines). The subject firm also leased workers on-site from Adecco to produce electronic imprint machines. The investigation revealed that criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B) were not met. The investigation revealed that the subject firm did not import electronic imprint machines, nor did it shift production to a foreign country during 2003, 2004 or the period of January through November 2005. The investigation also revealed that subject firm sales of electronic imprint machines increased from 2003 to 2004 and again during the period of January through November 2005 over the corresponding period in 2004. The investigation further revealed that employment declines at the subject firm resulted from the introduction of a like and directly competitive product line requiring less time to manufacture and less labor. In addition, in accordance with section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance

(ATAA)for older workers. In order for the Department to issue a certification of eligibility to apply for ATAA, the worker group must be certified eligible to apply for trade adjustment assistance (TAA). Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. Conclusion After careful review of the facts obtained, I determine that all workers of Paxar Americas, Inc., Thomas Avenue Plant, a subsidiary of Paxar Corporation, Systems Division, including on-site leased workers of Adecco, Sayre, Pennsylvania are denied eligibility to apply for adjustment assistance under section 223 of the Trade Act of 1974, and alternative trade adjustment assistance under section 246 of the Trade Act of 1974. Signed in Washington, DC this 28th day of December 2005. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-1494 Filed 2-2-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,682] Robert Bosch Fuel Systems Kentwood, MI; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 20, 2005 in response to a worker petition filed on behalf of workers at Robert Bosch Fuel Systems, Kentwood, Michigan. The petitioning group of workers is covered by an earlier petition filed on December 12, 2005 (TA-W-58,496) that is the subject of an ongoing investigation for which a determination has not yet been issued. Further investigation in this case would duplicate efforts and serve no purpose; therefore the investigation under this petition has been terminated. Signed at Washington, DC this 24th day of January 2006. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-1498 Filed 2-2-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273), the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance

(ATAA)by (TA-W) number issued during the periods of January 2006. In order for an affirmative determination to be made and a certification of eligibility to apply for directly-impacted (primary) worker adjustment assistance to be issued, each of the group eligibility requirements of section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made and a certification of eligibility to apply for worker adjustment assistance as an adversely affected secondary group to be issued, each of the group eligibility requirements of Section 222(b) of the Act must be met.

(1)Significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;

(2)The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and

(3)either—

(A)The workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph

(2)accounted for at least 20 percent of the production or sales of the workers' firm; or

(B)A loss of business by the workers' firm with the firm (or subdivision) described in paragraph

(2)contributed importantly to the workers' separation or threat of separation. Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued; the date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of (a)(2)(A) (increased imports) of Section 222 have been met. *TA-W-58,455; Sturgis Foundry Corp., Sturgis, MI: November 22, 2004* . *TA-W-58,459; SJP Corp., Simmons Juvenile Products, Rutherford, NJ: November 17, 2004.* *TA-W-58,503; Kentucky Derby Hosiery, Plant 8, Hillsville, VA: December 12, 2004.* *TA-W-58,509; Advance Tool, Blaine, MN: December 16, 2004.* *TA-W-58,525; Gelita USA, Inc., A Gelita North America, Inc. Div., Sergeant Bluff, IA: December 20, 2004.* *TA-W-58,538; W.E. Wrights Co., W. Warren, MA: December 22, 2004.* *TA-W-58,603; Goody Products, Inc., Manchester, GA:* January 6, 2005. *TA-W-58,617; Taylor's Leatherwear, Tullahoma, TN: January 6, 2005.* *TA-W-58,233; Motor Appliance, Inc., Blytheville, AR: October 28, 2004.* *TA-W-58,490; Greeneville Casting, Inc., Greeneville, TN: December 8, 2004.* *TA-W-58,535; RWC, Inc., Bay City, MI: December 14, 2004.* The following certifications have been issued. The requirements of (a)(2)(B) (shift in production) of Section 222 have been met. *TA-W-58,436; Laurel Industries, Inc., The Mundy Company, LaPorte, TX: November 28, 2004.* *TA-W-58,472; Visteon Systems, LLC, Bedford, IN: November 30, 2004.* *TA-W-58,514; Liberty Screenprint, Screenprint Division, Wentworth Corp, Madison, NC: June 18, 2005.* *TA-W-58,536; Leggett and Platt Automotive, Young Spring and Wire, Archbold, OH: December 21, 2004.* *TA-W-58,551; Werner Company, Carrollton, KY: December 23, 2005.* *TA-W-58,586; Norgren, Littleton, CO: January 4, 2005.* *TA-W-58,552; Parker Hannifin Corp., O-Ring Division, Lebanon, TN: December 29, 2004.* The following certification has been issued. The requirement of supplier to a trade certified firm has been met. *TA-W-58,494; Lear Corporation, Covington, VA: December 8, 2004.* *TA-W-58,493; River City Plastic, Inc., Three Rivers, MI: December 9, 2004.* *TA-W-58,602; Leggett and Platt, Inc., Crest Foam Corp, DBA No-Sag Foam, Dubuque, IA: January 6, 2005.* The following certification has been issued. The requirement of downstream producer to a trade certified firm has been met. *None.* Negative Determinations for Worker Adjustment Assistance In the following cases, the investigation revealed that the criteria for eligibility have not been met for the reasons specified. The investigation revealed that criterion (a)(2)(A)(I.A) and (a)(2)(B)(II.A) (no employment decline) has not been met. *TA-W-58,465; JB Woven Labels (USA), Inc., San Francisco, CA.* *TA-W-58,497; Furniture Makers Supply Company, Hudson, NC.* The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B) (No shift in production to a foreign country) have not been met. *TA-W-58,563; Authentic Specialty Foods, Inc., DESC SA DE CV, Leased Workers—DSS, Rosemead, CA.* The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B) (No shift in production to a foreign country) have not been met. *TA-W-58,358; Tai Seng Video Marketing, Inc., S. San Francisco, CA.* *TA-W-58,479; FYC Apparel Donna Ricco, (Donna Ricco), East Haven, CT.* The investigation revealed that criteria (a)(2)(A)(I.C.) (Increased imports) and (a)(2)(B)(II.C) (has shifted production to a foreign country) have not been met. *None.* The workers' firm does not produce an article as required for certification under section 222 of the Trade Act of 1974. *None.* The investigation revealed that criteria

(2)has not been met. The workers' firm (or subdivision) is not a supplier or downstream producer to trade-affected companies. *None.* Affirmative Determinations for Alternative Trade Adjustment Assistance In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance

(ATAA)for older workers, the group eligibility requirements of section 246(a)(3)(A)(ii) of the Trade Act must be met. The following certifications have been issued; the date following the company name and location of each determination references the impact date for all workers of such determinations. In the following cases, it has been determined that the requirements of section 246(a)(3)(ii) have been met. I. Whether a significant number of workers in the workers' firm are 50 years of age or older. II. Whether the workers in the workers' firm possess skills that are not easily transferable. III. The competitive conditions within the workers' industry ( *i.e.* , conditions within the industry are adverse). *TA-W-58,455; Sturgis Foundry Corp., Sturgis, MI: November 22, 2004.* *TA-W-58,459; SJP Corp., Simmons Juvenile Products, Rutherford, NJ: November 17, 2004.* *TA-W-58,503; Kentucky Derby Hosiery, Plant 8, Hillsville, VA: December 12, 2004.* *TA-W-58,538; W.E. Wrights Co., W. Warren, MA: December 22, 2004.* *TA-W-58,603; Goody Products, Inc., Manchester, GA: January 6, 2005.* *TA-W-58,617; Taylor's Leatherwear, Tullahoma, TN: January 6, 2005.* *TA-W-58,233; Motor Appliance, Inc., Blytheville, AR: October 28, 2004.* *TA-W-58,490; Greeneville Casting, Inc., Greeneville, TN: December 8, 2004.* *TA-W-58,535; RWC, Inc., Bay City, MI: December 14, 2004.* *TA-W-58,472; Visteon Systems, LLC, Bedford, IN: November 30, 2004.* *TA-W-58,514; Liberty Screenprint, Screenprint Division, Wentworth Corp, Madison, NC: June 18, 2005.* *TA-W-58,536; Leggett and Platt Automotive, Young Spring and Wire, Archbold, OH: December 21, 2004.* *TA-W-58,551; Werner Company, Carrollton, KY: December 23, 2005.* *TA-W-58,586; Norgren, Littleton, CO: January 4, 2005.* *TA-W-58,552; Parker Hannifin Corp., O-Ring Division, Lebanon, TN: December 29, 2004.* *TA-W-58,494; Lear Corporation, Covington, VA: December 8, 2004.* *TA-W-58,493; River City Plastic, Inc., Three Rivers, MI: December 9, 2004.* Negative Determinations for Alternative Trade Adjustment Assistance In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance

(ATAA)for older workers, the group eligibility requirements of section 246(a)(3)(A)(ii) of the Trade Act must be met. In the following cases, it has been determined that the requirements of section 246(a)(3)(A)(ii) have not been met for the reasons specified. Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. *TA-W-58,497; Furniture Makers Supply Company, Hudson, NC.* *TA-W-58,465; JB Woven Labels (USA), Inc., San Francisco, CA.* *TA-W-58,563; Authentic Specialty Foods, Inc., DESC SA DE CV, Leased Workers—DSS, Rosemead, CA.* *TA-W-58,358; Tai Seng Video Marketing, Inc., S. San Francisco, CA.* *TA-W-58,479; FYC Apparel Donna Ricco (Donna Ricco), East Haven, CT.* The Department as determined that criterion

(1)of section 246 has not been met. Workers at the firm are 50 years of age or older. *None.* The Department as determined that criterion

(2)of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. *TA-W-58,509; Advance Tool, Blaine, MN: December 16, 2004.* *TA-W-58,525; Gelita USA, Inc., A Gelita North America, Inc. Div., Sergeant Bluff, IA: December 20, 2004.* *TA-W-58,436; Laurel Industries, Inc., The Mundy Company, LaPorte, TX: November 28, 2004.* *TA-W-58,602; Leggett and Platt, Inc., Crest Foam Corp DBA No-Sag Foam, Dubuque, IA: January 6, 2005.* The Department as determined that criterion

(3)of Section 246 has not been met. Competition conditions within the workers' industry are not adverse. *None.* I hereby certify that the aforementioned determinations were issued during the month of January 2006. Copies of These determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: January 26, 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E6-1495 Filed 2-2-06; 8:45 am] BILLING CODE 4510-30-P NATIONAL TRANSPORTATION SAFETY BOARD Sunshine Act Meeting; Amended Agenda Time and Date: 9:30 a.m., Tuesday, February 7, 2006. Place: NTSB Board Room, 429 L'Enfant Plaza, SW., Washington, DC 20594. Status: The three items are open to the public. Item 7751 has been added to the original agenda dated January 27, 2006. Matters To Be Considered: 7751 Aircraft Accident Brief—Controlled Flight Into Terrain, Beech King Air 200, N501RH, Stuart, Virginia, October 24, 2004. 7743 Highway Accident Report—Collision Between a Ford Dump Truck and Four Passenger Cars, Glen Rock, Pennsylvania, April 11, 2003. 7754 Highway Accident Report—Passenger Vehicle Median Crossover and Head-On Collision With Another Passenger Vehicle, Linden, New Jersey, May 1, 2003. News Media Contact: Telephone:

(202)314-6100. Individuals requesting specific accommodations should contact Chris Bisett at

(202)314-6305 by Friday, February 3, 2006. The public may view the meeting via a live or archived Webcast by accessing a link under “News & Events” on the NTSB home page at *http://www.ntsb.gov.* FOR FURTHER INFORMATION CONTACT: Vicky D'Onofrio,

(202)314-6410. Dated: January 31, 2006. Vicky D'Onofrio, Federal Register Liaison Officer. [FR Doc. 06-1044 Filed 1-31-06; 4:44 pm]

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