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Code · REGISTER · 2006-04-28 · Minerals Management Service (MMS), Interior · Notices

Notices. Call for information and nominations

28,637 words·~130 min read·/register/2006/04/28/06-4034

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BILLING CODE 4310-40-P DEPARTMENT OF THE INTERIOR Minerals Management Service Outer Continental Shelf (OCS), Central and Western Gulf of Mexico, Oil and Gas Lease Sales for Years 2007-2012 AGENCY: Minerals Management Service (MMS), Interior. ACTION: Call for information and nominations. SUMMARY: This Call for Information and Nominations (hereinafter referred to as “Call”) is the initial step in a single multisale process covering all lease sales in the Central and Western Gulf of Mexico
(GOM)planning areas included in the draft proposed 2007-2012 OCS Oil and Gas Leasing Program (see **Federal Register** , February 10, 2006, pages 7064-7068.) Eleven lease sales are specifically covered by this Call: six in the Central GOM and five in the Western GOM. The new configuration of the Central and Western GOM planning areas was announced in the draft proposed 2007-2012 OCS Oil and Gas Leasing Program. The Central GOM planning area related to this Call includes portions of areas previously included in the Eastern and Western GOM planning areas. Simultaneously with this Call, MMS is preparing a multisale Environmental Impact Statement
(EIS)covering the same eleven sales in the Central and Western GOM. For each of the eleven individual lease sales associated with this Call, the MMS will comply with the National Environmental Policy Act (NEPA), the Outer Continental Shelf Lands Act (OCSLA), and the Coastal Zone Management Act. DATES: Nominations and comments must be received no later than 30 days following publication of this document in the **Federal Register** at the address specified below. FOR FURTHER INFORMATION CONTACT: For information on this Call, please contact Ms. Jane Burrell Johnson, Minerals Management Service, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394, telephone
(504)736-2811. SUPPLEMENTARY INFORMATION: This Call is the fifth issuance of a Gulf of Mexico OCS Region multisale Call. In 1996, the MMS implemented two multisale Call processes for lease sales in the Central and Western GOM, respectively, in association with the 1997-2002 OCS Oil and Gas Leasing Program. In relation to the 2002-2007 OCS Oil and Gas Leasing Program, MMS implemented one multisale Call process for Central and Western GOM lease sales and one multisale Call process for Eastern GOM lease sales. MMS is now issuing one multisale Call for all GOM lease sales in the draft proposed 2007-2012 OCS Oil and Gas Leasing Program. Call for Information and Nominations 1. Authority This Call is published pursuant to the OCSLA as amended (43 U.S.C. 1331-1356 (1995)), and the regulations issued thereunder (30 CFR part 256). 2. Purpose of Call The purpose of the Call is to gather information for the following proposed OCS Lease Sales in the Central and Western GOM: Lease sale, OCS planning area Sale year Sale 204, Western GOM 2007 Sale 205, Central GOM (portion of planning area) 2007 Sale 206, Central GOM 2008 Sale 207, Western GOM 2008 Sale 208, Central GOM 2009 Sale 210, Western GOM 2009 Sale 213, Central GOM 2010 Sale 215, Western GOM 2010 Sale 216, Central GOM 2011 Sale 218, Western GOM 2011 Sale 222, Central GOM 2012 Information and nominations on oil and gas leasing, exploration, development and production within the Central and Western GOM are sought from all interested parties. This early planning and consultation step is important for ensuring that all interests and concerns are communicated to the Department of the Interior for future decisions in the leasing process pursuant to the OCSLA and regulations at 30 CFR part 256. Responses are requested regarding proposed sales in both the Central and Western GOM planning areas. Twenty-three years of experience with annual leasing on an areawide basis has shown that the lease sale proposals in the Central and Western GOM are very similar from year to year. This makes possible the use of a multisale process to address decisions for all eleven lease sales in those areas within the draft proposed program for both the Central and Western GOM planning areas. Pursuant to section 18 of the OCS Lands Act, 43 U.S.C. 1344, the Secretary of the Interior still is in the process of developing the Five-Year Program for 2007-2012. This Call for Information and Nominations should not be construed as any pre-judgment by the Secretary as to any area to be made available for leasing under the 2007-2012 Five-Year Program. This Call also does not indicate a preliminary decision to lease in the areas described below. Final delineation of each area for possible leasing will be made at a later date and in compliance with applicable laws including all requirements of the NEPA and OCSLA. Established departmental procedures will be employed. 3. Description of Areas The general areas of this Call cover the entire Central and Western GOM planning areas, except for those exclusions listed below in Item 4, Areas Excluded from this Call. The Central GOM planning area is bounded on the north by the Federal-State boundary offshore Louisiana, Mississippi, and Alabama. The eastern boundary of the Central GOM begins at the offshore boundary between Alabama and Florida and proceeds southeasterly to 26.19 degrees North latitude, thence southwesterly to 25.6 degrees North latitude. The western boundary of the Central GOM begins at the offshore boundary between Texas and Louisiana and proceeds southeasterly to 28.43 degrees North latitude, thence south southwesterly to 27.49 degrees North latitude, thence south southeasterly to 25.80 degrees North latitude. The Central GOM is bounded on the south by the continental shelf boundary with Mexico as established by the “Treaty Between The Government of The United States of America and The Government of The United Mexican States on The Delimitation of The Continental Shelf in The Western Gulf of Mexico Beyond 200 Nautical Miles” which took effect in January 2001, and by the limit of the U.S. Exclusive Economic Zone in the area east of the continental shelf boundary with Mexico. The Central GOM planning area available for nominations and comments at this time consists of approximately 66.3 million acres, of which approximately 34.8 million acres are currently unleased. The Western GOM planning area is bounded on the west and north by the Federal/State boundary offshore Texas. The eastern boundary begins at the offshore boundary between Texas and Louisiana and proceeds southeasterly to 28.43 degrees North latitude, thence south southwesterly to 27.49 degrees North latitude, thence south southeasterly to 25.80 degrees North latitude. The Western GOM is bounded on the south by the maritime boundary with Mexico as established by the “Treaty Between The Government of The United States of America and The Government of The United Mexican States on The Delimitation of The Continental Shelf in The Western Gulf of Mexico Beyond 200 Nautical Miles” which took effect in January 2001. The Western GOM planning area available for nominations and comments at this time consists of approximately 28.7 million acres, of which approximately 17.8 million acres are currently unleased. A standard Call for Information Map depicting the Central and Western GOM planning areas and Central GOM Sale 205 program area on a block-by-block basis is available without charge from: Minerals Management Service, Public Information Unit (MS 5034), 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394, or telephone: 1-800-200-GULF. The map is also available via the MMS Web site at *http://www.mms.gov.* 4. Areas Excluded From This Call A. The entire Central GOM planning area will be considered for possible leasing except: 1. Blocks that were previously included within the Eastern GOM planning area and are within 100 miles of the Florida coast; 2. Blocks that were previously included within the Eastern GOM planning area and are under an existing Presidential withdrawal through the year 2012 as well as subject to annual congressional moratoria; 3. Blocks that are beyond the United States Exclusive Economic Zone in the area known as the northern portion of the Eastern Gap; and 4. Whole and partial blocks that lie within the 1.4 nautical mile buffer zone north of the continental shelf boundary between the United States and Mexico. B. The entire Western GOM planning area will be considered for possible leasing except: 1. Whole and partial blocks within the boundary of the Flower Garden Banks National Marine Sanctuary; and 2. Whole and partial blocks that lie within the 1.4 nautical mile buffer zone north of the continental shelf boundary between the United States and Mexico. 5. Instructions on Call Indications of interest and comments must be received no later than 30 days following publication of this document in the **Federal Register** in envelopes labeled “Nominations for Proposed 2007—2012 Lease Sales in the Central and Western Gulf of Mexico” or “Comments on the Call for Information and Nominations for Proposed 2007—2012 Lease Sales in the Central and Western Gulf of Mexico.” The standard Call for Information Map and indications of interest and/or comments must be submitted to the Gulf of Mexico Region's Leasing Activities Section (Attention: Ms. Jane Burrell Johnson) at the previously noted address. The standard Call for Information Map delineates the Call area, all of which has been identified by the MMS as having potential for the discovery of accumulations of oil and gas. Respondents are requested to indicate interest in and comment on any or all of the Federal acreage within the boundaries of the Call area that they wish to have included in each of the proposed lease sales in the Central and Western GOM. Although individual indications of interest are considered to be privileged and proprietary information, the names of persons or entities indicating interest or submitting comments will be of public record. Those indicating such interest are required to do so on the standard Call for Information Map by outlining the areas of interest along block lines. Respondents should rank areas in which they have expressed interest according to priority of their interest ( *e.g.* , priority 1 [high], 2 [medium], or 3 [low]). Respondents are encouraged to be specific in indicating blocks by priority because blanket nominations on large areas are not useful in the analysis of industry interest. Areas where interest has been indicated but on which respondents have not indicated priorities will be considered priority 3 (low). Respondents may also submit a detailed list of blocks nominated by Official Protraction Diagram and Leasing Map designations to ensure correct interpretation of their nominations. Official Protraction Diagrams and Leasing Maps can be purchased from the Public Information Unit referred to above. Comments are sought from all interested parties about particular geological, environmental (including natural disasters), biological, archaeological and socioeconomic conditions or conflicts, or other information that might bear upon the potential leasing and development of particular areas. Comments are also sought on possible conflicts between future OCS oil and gas activities that may result from the proposed sales and State Coastal Management Programs (CMP's). If possible, these comments should identify specific CMP policies of concern, the nature of the conflict foreseen, and steps that the MMS could take to avoid or mitigate the potential conflict. Comments may be in terms of broad areas or restricted to particular blocks of concern. Those submitting comments are requested to list block numbers or outline the subject area on the standard Call for Information Map. 6. Use of Information From Call Information submitted in response to this Call will be used for several purposes. First, responses will be used to identify the areas of potential for oil and gas development and their priority of interest. Second, comments on possible environmental effects and potential use conflicts will be used in the analysis of environmental conditions in and near the Call area. The areas nominated for inclusion in the proposed sales and their respective rankings in conjunction with comments on environmental and other use conflicts will be used to make a preliminary determination of the potential advantages and disadvantages of oil and gas exploration and development to the region and the Nation. A third purpose for this Call is to use the comments collected in the scoping process for the EIS and to develop proposed actions and alternatives. Fourth, comments may be used in developing lease terms and conditions to ensure safe offshore operations. And, fifth, comments may be used to assess potential conflicts between offshore gas and oil activities and a State CMP. 7. Existing Information The MMS routinely assesses the status of information acquisition efforts and the quality of the information base for potential decisions on tentatively scheduled lease sales. As a result of this continually ongoing assessment, we have determined that the status of the existing data available for planning, analysis, and decision-making is adequate and extensive. An extensive environmental studies program has been underway in the GOM since 1973. The emphasis, including continuing studies, has been on environmental characterization of biologically sensitive habitats, physical oceanography, ocean-circulation modeling, and ecological effects of oil and gas activities. In response to impacts from Hurricanes Katrina and Rita, the MMS is currently funding studies regarding hurricane risks to onshore structures and their surrounding communities and environment. Socioeconomic profiles of communities with a high concentration of OCS-related activity will assess the social and environmental impacts of the 2005 hurricane season. These studies also evaluate the effects of hurricane-related employment shifts on onshore labor and coastal communities. In addition, a number of studies were recently awarded to determine the impact of Hurricane Ivan on the offshore oil and gas structures of the Gulf of Mexico. These studies were designed to analyze and assess the consequential damage to structures and pipelines, determine the effectiveness of current design standards and pollution-prevention systems, and develop recommendations for potential changes to industry standards and MMS regulations, if needed. Results of these recently awarded studies are also applicable to the impacts of Hurricanes Katrina and Rita and future hurricanes. A complete listing of available study reports, and information for ordering copies, can be obtained from the Public Information Unit referenced above. The reports may also be ordered, for a fee, from the U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, or telephone
(703)605-6000 or
(800)553-6847. In addition, a program status report for continuing studies in this area can be obtained from the Chief, Environmental Sciences Section (MS 5430), Minerals Management Service, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123-2394, or telephone
(504)736-2752, or via the MMS Web site at *http://www.gomr.mms.gov/homepg/regulate/environ/studiesprogram.html.* 8. Tentative Schedule Milestones for Multisale EIS for Proposed 2007-2012 Central and Western GOM Sales Notice of Intent
(NOI)to Prepare an EIS March/2006. Call for Information and Nominations April/2006. Comments received on NOI April/2006. Comments received on Call May/2006. Area Identification Decision June/2006. Draft EIS published October/2006. Public Hearings on Draft EIS November/2006. Final EIS March/2007. 9. Sale Milestones The following is a list of tentative milestone dates applicable to lease sales covered by this Call: Sale-Specific Milestones for Proposed 2007-2012 Central and Western GOM Sales Request for Information to Begin Lease Sale Specific Process 12 months before each lease sale. Environmental Review Completed 4 to 7 months before each lease. Proposed Notice and Coastal Zone Management Consistency Determination 4 months before each lease sale Final Notice of Sale 1 month before each lease sale. Finally, the tentative months for GOM lease sales during the 2007-2012 period are: Central GOM Sales (except for Sale 205): March of each year. Central GOM Sale 205: Latter part of 2007. Western GOM Sales: August of each year. Dated: April 13, 2006. R.M. “Johnnie” Burton, Director, Minerals Management Service. [FR Doc. E6-6453 Filed 4-27-06; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR Minerals Management Service Notice on Outer Continental Shelf Oil and Gas Lease Sales AGENCY: Minerals Management Service, Interior. ACTION: List of restricted joint bidders. SUMMARY: Pursuant to the authority vested in the Director of the Minerals Management Service by the joint bidding provisions of 30 CFR 256.41, each entity within one of the following groups shall be restricted from bidding with any entity in any other of the following groups at Outer Continental Shelf oil and gas lease sales to be held during the bidding period May 1, 2006 through October 31, 2006. The List of Restricted Joint Bidders published in the **Federal Register** November 7, 2005 covered the period November 1, 2005 through April 30, 2006. Group I Exxon Mobil Corporation ExxonMobil Exploration Company Group II Shell Oil Company Shell Offshore Inc. SWEPI LP Shell Frontier Oil & Gas Inc. Shell Consolidated Energy Resources Inc. Shell Land & Energy Company Shell Onshore Ventures Inc. Shell Offshore Properties and Capital II, Inc. Shell Rocky Mountain Production LLC Shell Gulf of Mexico Inc. Group III BP America Production Company BP Exploration & Production Inc. BP Exploration (Alaska) Inc. Group IV TOTAL E&P USA, Inc. Group V Chevron Corporation Chevron U.S.A. Inc. Unocal Corporation Union Oil Company of California Pure Resources, LP Pure Partners, LP PRS Offshore, LP Group VI ConocoPhillips Company ConocoPhillips Alaska, Inc ConocoPhillips Petroleum Company Phillips Pt. Arguello Production Company Group VII Eni Petroleum Co. Inc. Eni Petroleum Exploration Co. Inc. Eni Deepwater LLC Eni Oil U.S. LLC Eni Marketing Inc Eni BB Petroleum Inc Eni U.S. Operating Co. Inc. Eni BB Pipeline LLC Group VIII Petrobras America Inc. Dated: April 12, 2006. R.M. “Johnnie” Burton, Director, Minerals Management Service. [FR Doc. E6-6431 Filed 4-27-06; 8:45 am] BILLING CODE 4310-MR-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-566] In the Matter of Certain Chemical Mechanical Planarization Slurries and Precursors to Same; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 28, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Cabot Microelectronics Corporation of Aurora, Illinois. A supplement to the complaint was filed on April 13, 2006. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain chemical mechanical planarization slurries and precursors to same by reason of infringement of claims 20, 22, 38, and 48 of U.S. Patent No. 5,958,288, claims 11, 18, 19, and 25 of U.S. Patent No. 5,980,773, and claims 8, 12, and 17 of U.S. Patent No. 6,068,787. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a cease and desist order. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* FOR FURTHER INFORMATION CONTACT: Steven R. Pedersen, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202-205-2781. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2005). Scope of Investigation Having considered the complaint, the U.S. International Trade Commission, on April 24, 2006, *ordered that—*
(1)Pursuant to subsection
(b)of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain chemical mechanical planarization slurries or precursors to same by reason of infringement of one or more of claims 20, 22, 38, and 48 of U.S. Patent No. 5,958,288, claims 11, 18, 19, and 25 of U.S. Patent No. 5,980,773, and claims 8, 12, and 17 of U.S. Patent No. 6,068,787, and whether an industry in the United States exists as required by subsection (a)(2) of section 337.
(2)For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a)The complainant is—Cabot Microelectronics Corporation, 870 N. Commons Drive, P.O. Box 2026, Aurora, IL 60507.
(b)The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Cheil Industries Co., 6th Fl., Samsung Cheil Bldg., 702-2, Yeoksam-Dong, Gangnam-Gu, Seoul, Korea 135-751.
(c)Steven R. Pedersen, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436, who shall be the Commission investigative attorney, party to this investigation; and
(3)For the investigation so instituted, the Honorable Robert L. Barton, Jr. is designated as the presiding administrative law judge. A response to the complaint and the notice of investigation must be submitted by the named respondent in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such response will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting the response to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of the respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. Issued: April 24, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-6432 Filed 4-27-06; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection; Comment Request; Prohibited Transaction Class Exemptions for Multiple Employer Plans and Multiple Employer Apprenticeship Plans, PTE 76-1, PTE 77-10, PTE 78-6. ACTION: Notice SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that the Department can properly assess the impact of its information collection requirements on respondents and minimize the reporting burden (time and financial resources) on the public and that the public can understand the Department's collection instruments and provide the requested data in the desired format. Currently, the Employee Benefits Security Administration is soliciting comments concerning the information collections incorporated in three related prohibited transactions class exemptions
(PTEs)that apply to certain transactions involving collectively bargained multiple employer plans. A copy of the information collection request
(ICR)may be obtained by contacting the office listed in the Addresses section of this notice. DATES: Written comments must be submitted to the office shown in the addresses section below on or before June 27, 2006. ADDRESSES: Direct all written comments to Susan G. Lahne, Office of Policy and Research, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-5718, Washington, DC 20210,
(210)693-8410, FAX
(202)219-4745 (the foregoing are not toll-free numbers). Comments may also be submitted electronically to the following Internet e-mail address: *ebsa.opr@dol.gov.* SUPPLEMENTARY INFORMATION: I. Background This ICR covers information collections contained in three related prohibited transaction class exemptions: PTE 76-1, PTE 77-10, and PTE 78-6. All three of these exemptions cover transactions that were recognized by the Department as being well-established, reasonable and customary transactions in which collectively bargained multiple employer plans (principally, multiemployer plans, but also including other collectively bargained multiple employer plans) frequently engage in order to carry out their purposes. PTE 76-1 provides relief, under specified conditions, for three types of transactions:
(1)Part A of PTE 76-1 permits collectively bargained multiple employer plans to take several types of actions regarding delinquent or uncollectible employer contributions;
(2)Part B of PTE 76-1 permits collectively bargained multiple employer plans, under specified conditions, to make construction loans to participating employers; and
(3)Part C of PTE 76-1 permits collectively bargained multiple employer plans to share office space and administrative services, and the costs associated with such office space and services, with parties in interest. PTE 77-10 complements Part C of PTE 76-1 by including, with respect to collectively bargained multiple employer plans' sharing office space and administrative services with parties in interest, relief from the prohibitions of subsection 406(b)(2) of ERISA, under specific conditions. PTE 78-6 provides an exemption to collectively bargained multiple employer apprenticeship plans for the purchase or leasing of personal property from a contributing employer (or its wholly owned subsidiary) and for the leasing of real property (other than office space within the contemplation of section 408(b)(2) of ERISA) from a contributing employer (or its wholly owned subsidiary) or an employee organization any of whose members' work results in contributions being made to the plan. Each of these three PTEs requires, as part of its conditions, either written agreements, recordkeeping, or both. The Department has combined the information collection provisions of the three PTEs into one information collection request
(ICR)because it believes that the public benefits from having the opportunity to collectively review these closely related exemptions and their similar information collections. The Department previously submitted an ICR to the Office of Management and Budget
(OMB)for approval of the information collections in PTEs 76-1, 77-10, and 78-6 and received OMB approval under the OMB Control No. 1210-0058. The current approval is scheduled to expire on July 31, 2006. II. Desired Focus of Comments The Department is particularly interested in comments that: • 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., by permitting electronic submission of responses. III. Current Action This notice requests comments on the proposed extension of the approval of the ICR relating to PTEs 76-1, 77-10, and 78-6. The Department is not proposing or implementing changes to the existing information collection requirements at this time. The following summarizes the ICR and the current burden estimates: *Type of Review:* Extension of a currently approved collection of information. *Agency:* Employee Benefits Security Administration, Department of Labor. *Titles:* Prohibited Transaction Class Exemptions for Multiple Employer Plans and Multiple Employer Apprenticeship Plans, PTCE 76-1, PTCE 77-10, PTCE 78-6. *OMB Number:* 1210-0058. *Affected Public:* Business or other for-profit; Not-for-profit institutions. *Respondents:* 3,442. *Frequency of Response:* On occasion. *Responses:* 5,326. *Estimated Total Burden Hours:* 1,225. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of the information collection request; they will also become a matter of public record. Dated: April 19, 2006. Susan G. Lahne, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. E6-6397 Filed 4-27-06; 8:45 am] BILLING CODE 4510-29-P DEPARTMENT OF LABOR Employee Benefits Security Administration [Application No. D-11033, et al.] Proposed Exemptions; The Southwest Gas Corporation (Southwest Gas) AGENCY: Employee Benefits Security Administration, Labor. ACTION: Notice of proposed exemptions. SUMMARY: This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (the Act) and/or the Internal Revenue Code of 1986 (the Code). Written Comments and Hearing Requests All interested persons are invited to submit written comments or requests for a hearing on the pending exemptions, unless otherwise stated in the Notice of Proposed Exemption, within 45 days from the date of publication of this **Federal Register** Notice. Comments and requests for a hearing should state:
(1)The name, address, and telephone number of the person making the comment or request, and
(2)the nature of the person's interest in the exemption and the manner in which the person would be adversely affected by the exemption. A request for a hearing must also state the issues to be addressed and include a general description of the evidence to be presented at the hearing. ADDRESSES: All written comments and requests for a hearing (at least three copies) should be sent to the Employee Benefits Security Administration (EBSA), Office of Exemption Determinations, Room N-5700, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. Attention: Application No. ___, stated in each Notice of Proposed Exemption. Interested persons are also invited to submit comments and/or hearing requests to EBSA via e-mail or fax. Any such comments or requests should be sent either by e-mail to: *moffitt.betty@dol.gov* , or by fax to
(202)219-0204 by the end of the scheduled comment period. The applications for exemption and the comments received will be available for public inspection in the Public Documents Room of the Employee Benefits Security Administration, U.S. Department of Labor, Room N-1513, 200 Constitution Avenue, NW., Washington, DC 20210. Notice to Interested Persons Notice of the proposed exemptions will be provided to all interested persons in the manner agreed upon by the applicant and the Department within 15 days of the date of publication in the **Federal Register** . Such notice shall include a copy of the notice of proposed exemption as published in the **Federal Register** and shall inform interested persons of their right to comment and to request a hearing (where appropriate). SUPPLEMENTARY INFORMATION: The proposed exemptions were requested in applications filed pursuant to section 408(a) of the Act and/or section 4975(c)(2) of the Code, and in accordance with procedures set forth in 29 CFR part 2570, subpart B (55 FR 32836, 32847, August 10, 1990). Effective December 31, 1978, section 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 1 (1996), transferred the authority of the Secretary of the Treasury to issue exemptions of the type requested to the Secretary of Labor. Therefore, these notices of proposed exemption are issued solely by the Department. The applications contain representations with regard to the proposed exemptions which are summarized below. Interested persons are referred to the applications on file with the Department for a complete statement of the facts and representations. The Southwest Gas Corporation (Southwest Gas,) Located in Las Vegas, Nevada [Application No. D-11033] Proposed Exemption The Department is considering granting an exemption under the authority of 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). Section I—Transactions and Conditions If the proposed exemption is granted, the sanctions resulting from the application of section 4975 of the Code, by reason of section 4975(c)(1)(A) and
(D)of the Code, shall not apply to the direct or indirect purchase, from Southwest Gas, of the common stock of Southwest Gas by an individual retirement account
(IRA)that is
(i)established for the benefit of a non-employee of Southwest Gas, 1
(ii)operated pursuant to the terms of the Southwest Gas Corporation Dividend Reinvestment and Stock Purchase Plan (the DRIP), and
(iii)maintained in part through administrative services provided by Southwest Gas, a disqualified person with respect to the IRA, provided that the following conditions are satisfied: 1 Pursuant to 29 CFR 2510.3-2(d), the subject IRAs are not “employee benefit plans” covered by Title I of the Act. However, because the IRA is a “plan” for purposes of section 4975 of the Code, the Department has jurisdiction under Title II of the Act over this matter.
(a)The IRA that is established by a DRIP participant pursuant to the terms of the DRIP (the DRIP IRA) is maintained for the exclusive benefit of the individual covered under the IRA (the IRA Owner), his or her spouse, or their beneficiaries;
(b)Southwest Gas complies with all applicable securities laws relating to the Southwest Gas DRIP;
(c)Administrative and recordkeeping services provided by Southwest Gas to the DRIP IRA are rendered pursuant to a written agreement between Southwest Gas and an independent trustee of the DRIP IRA (the IRA Trustee) in which Southwest Gas agrees to act as the IRA Trustee's agent for the provision of such services;
(d)Southwest Gas receives no compensation, fees, or commissions, directly or indirectly, for the provision of such administrative and recordkeeping services, including any portion of the fees that the IRA Trustee may be entitled to receive from the DRIP IRA;
(e)The combined total of all fees and other consideration received, direct or indirect, by any disqualified persons (other than Southwest Gas) for the provision of services to the DRIP IRA is not in excess of “reasonable compensation” within the meaning of section 4975(d)(2) of the Code;
(f)The DRIP IRA and/or IRA Owner does not pay a brokerage fee or commission in connection with the purchase of the common stock of Southwest Gas;
(g)Neither Southwest Gas, the IRA Trustee, nor any affiliate thereof has any discretionary authority or control regarding the determination to acquire, manage, or dispose of the DRIP IRA assets, or renders investment advice (within the meaning of 26 CFR 54.4975-9(c)) respecting those assets;
(h)Cash dividends paid on Southwest Gas common stock held in the DRIP IRA account that are used to purchase Original Issue Shares of Southwest Gas common stock are automatically reinvested in additional shares of Southwest Gas common stock on the earliest date that such dividends can reasonably be segregated;
(i)Cash dividends paid on Southwest Gas common stock held in a DRIP IRA account that will be used to purchase Open Market Shares of Southwest Gas common stock under the DRIP are temporarily invested by the IRA Trustee, on the earliest date that such cash dividends can reasonably be segregated, in a no-load money market mutual fund registered under the Investment Company Act of 1940, and earnings accrued thereon are allocated at the end of each quarter on a pro-rata basis among those IRA Owners who earned such dividends during that quarter and then applied immediately towards the purchase of additional shares of Southwest Gas common stock for the accounts of such IRA Owners;
(j)Pending the IRA Trustee's investment of the cash contributions of IRA Owners (including rollover contributions), such amounts are temporarily invested by the IRA Trustee, on the earliest date that the IRA Owners' contributions can reasonably be segregated, in a no-load money market mutual fund registered under the Investment Company Act of 1940, and earnings accrued thereon are allocated at the end of each quarter on a pro-rata basis among those IRA Owners who made a contribution during that quarter and then applied immediately towards the purchase of additional shares of Southwest Gas common stock for the accounts of such IRA Owners;
(k)The terms of both the money market mutual fund and of any purchase of Southwest Gas common stock pursuant to the terms of the DRIP (including the purchase price) are at least as favorable to the DRIP IRA as those obtainable in a comparable arm's length transaction with an unrelated party;
(l)Prior to participation in the DRIP IRA, each IRA Owner receives a written disclosure, drafted in a manner calculated to be understood by the average IRA Owner, which contains:
(i)The general terms and conditions of the DRIP IRA;
(ii)The identity of the no-load money market mutual fund;
(iii)Any fees, commissions, or compensation paid to the IRA Trustee and/or its affiliates in connection with the DRIP IRA, including the investment advisory and other fees paid by the mutual fund to the IRA Trustee and/or its affiliates;
(iv)A disclosure of the right of IRA Owners to receive written notice of any amendment to the terms of the DRIP or the DRIP IRA at least 30 days in advance of its effective date (and the right of such IRA Owners to refuse consent to any amendment); and
(v)Information about the exemption from the prohibited transaction rules applicable to the DRIP IRA and the right of each IRA Owner to request a copy of both this notice of proposed exemption and a copy of the final exemption, if granted;
(m)An IRA Owner participating in the DRIP IRA is furnished periodically with a statement, at least quarterly, containing
(i)the date, quantity, and price with respect to each purchase of common stock that occurred during the prior quarter and
(ii)information concerning the quarterly, pro rata allocation of money market mutual fund earnings attributable to each IRA Owner's account during the period immediately preceding the investment of cash amounts in Southwest Gas stock;
(n)Southwest Gas retains, at least annually and at its own expense, an independent certified public accountant to perform an audit, in accordance with generally accepted auditing standards, of the DRIP IRAs, and provides the IRA Trustee with the current audit report prepared by such accountant, together with any written commentary from the accountant that accompanies the audit; and
(o)The IRA Owner is permitted to terminate his or her participation in the DRIP IRA at any time, without penalty, and transfer his or her IRA account balance to an IRA at another financial institution. Section II—Definitions
(a)The term “IRA” means an individual retirement account described in Code section 408(a). For purposes of this exemption, the term “IRA” shall not include an individual retirement account that is an employee benefit plan covered by Title I of the Act.
(b)The term “DRIP” (an acronym for Dividend Reinvestment Plan) refers to the “Southwest Gas Corporation Dividend Reinvestment and Stock Purchase Plan”, which allows investors to purchase Southwest Gas common stock and to automatically reinvest cash dividends paid on such stock into additional shares of Southwest Gas stock.
(c)The term “Original Issue Shares” refers to authorized but unissued shares of Southwest Gas common stock purchased directly from Southwest Gas.
(d)The term “Open Market Shares” refers to outstanding shares of Southwest Gas common stock purchased on the open market or through negotiated transactions. Summary of Facts and Representations 1. Southwest Gas is a natural gas utility serving over one million customers in Arizona, California, and Nevada. The common stock of Southwest Gas is publicly traded on both the New York Stock Exchange
(NYSE)and the Pacific Stock Exchange. 2. Southwest Gas currently sponsors the DRIP, which allows its shareholders, natural gas customers, employees, and residents of Arizona, California, and Nevada (the states in which Southwest Gas does business) to make purchases of Southwest Gas common stock and to automatically reinvest the dividends received on the stock in additional shares of such stock. The applicant represents that the DRIP is neither an “employee benefit plan” subject to the Act, nor a “plan” as defined in section 4975(e)(1) of the Code. The DRIP provides that the shares of Southwest Gas common stock purchased thereunder will be either
(i)authorized but unissued shares of common stock purchased directly from Southwest Gas (Original Issue Shares), which is the most common method of purchasing such shares, or
(ii)outstanding shares of the common stock purchased on the open market or through negotiated transactions (Open Market Shares). 2 In the case of the sale of Original Issue Shares, Southwest Gas receives cash that it may use for its construction programs and other corporate purposes. 2 In this regard, the Department notes that the relief granted herein shall not extend to the DRIP IRA's purchase, through negotiated transactions, of outstanding shares of Southwest Gas common stock. From the viewpoint of the investor, when additional shares are purchased through a DRIP directly from the issuer, there is no charge for brokerage commissions. Further, DRIPs may be attractive to “small” investors because eligibility for such a program typically is not dependent upon a significant investment in the stock of the company. 3. Southwest Gas wishes to offer an “IRA option” to non-employee participants in its existing DRIP. To this end, Southwest Gas would contract with an independent trustee to authorize the establishment of certain IRAs to be invested exclusively in common stock of Southwest Gas that is acquired through the DRIP. The mechanics concerning the purchase of Southwest Gas common stock through the DRIP IRA (e.g., the purchase price and whether the shares purchased are Original Issue Shares or Open Market Shares) are determined by the terms of the DRIP. Marshall & Ilsley Trust Company N.A. (M & I), a financial institution that is independent of Southwest Gas, has been designated by Southwest Gas to serve as the directed trustee of the DRIP IRAs. 3 M & I offers a comprehensive range of trust, investment, recordkeeping, custodial and related services for retirement plans covering more than 370,000 retirement plan participants nationwide, and holds $82 billion in custodial assets. The applicant represents that the DRIP IRAs would be considered “plans,” as defined in section 4975(e)(1) of the Code. However, because the DRIP IRA option would not be available to any employees of Southwest Gas, and Southwest Gas would not otherwise act as an “employer” (as defined in section 3(5) of the Act) with respect to the DRIP IRAs, the applicant represents that the DRIP IRAs would not be considered “employee benefit plans,” as defined in section 3(3) of the Act. 4 3 It is represented that, in the event it becomes necessary to appoint a successor trustee (the Successor) to replace M & I, the applicant will notify the Department 60 days in advance of such appointment. Any Successor shall be independent of Southwest Gas and its affiliates, possess experience comparable to M & I, and assume M & I's responsibilities with respect to the DRIP IRAs. 4 See also 29 CFR 2510.3-2(d) for conditions relating to circumstances when an “IRA” is not considered an “employee benefit plan” subject to Title I of the Act. The IRA Owner could add to his or her DRIP IRA's investment in Southwest Gas common stock in the following ways:
(i)Through the automatic reinvestment of the dividends paid on the Southwest Gas common stock held by the DRIP IRA in additional shares of such stock;
(ii)By making cash contributions to the DRIP IRA for the purchase of additional shares; or
(iii)By rolling over retirement assets to be invested in Southwest Gas common stock. The IRA Owner's total annual cash contribution to the DRIP IRA would be subject to the applicable contribution limits established under the Code for IRAs (except in the case of contributions that qualify as rollover contributions, which receive special tax treatment under the Code). According to the applicant, the DRIP IRAs would also provide two significant tax benefits under current federal law:
(i)The dividends paid on the shares of Southwest Gas stock held in the DRIP IRAs generally would not be taxable to the IRA Owner until distribution, or (in the case of a Roth IRA) not at all; and
(ii)The IRA Owner may be able to deduct certain contributions to the DRIP IRA on his or her federal income tax return. 4. Although M & I, the IRA Trustee, intends to provide the trustee services associated with the DRIP IRAs for a fee, 5 Southwest Gas proposes to provide certain administrative and recordkeeping services to the DRIP IRAs at no cost, pursuant to a written agency agreement with M & I. Southwest Gas will receive no compensation, fees, or commissions, directly or indirectly, for such services, including any portion of fees that the trustee may be entitled to receive from the IRA. The administrative and recordkeeping services provided to the DRIP IRAs by Southwest Gas would be the same type of services provided to non-IRAs under the DRIP. 5 The Department provides no opinion herein as to whether the fees paid by the DRIP IRAs to M & I for trustee services would meet the conditions required under Code section 4975(d)(2) and the regulations promulgated thereunder (see 26 CFR 54.4975-6), which, among other things, requires that the compensation paid to the disqualified person must be reasonable. The DRIP IRAs are “plans” under section 4975(e)(1)(B) of the Code, while Southwest Gas, as a “person providing services” to the DRIP IRAs, is a “disqualified person,” as defined in section 4975(e)(2)(B) of the Code. Thus, Southwest Gas seeks an individual exemption to permit purchases of publicly traded common stock by the DRIP IRAs from Southwest Gas that would otherwise be prohibited under the Code. Southwest Gas wishes to reduce the overall fees charged to the DRIP IRAs for services in order to maximize the amount of money available for investing in the DRIP IRA. The applicant also represents that the requested exemption is in the interests of the DRIP IRAs and their participants and beneficiaries because, absent an exemption, the DRIP IRAs would have to pay a fee to a third party for the same services that Southwest Gas is willing to provide without charge. 5. The IRA Trustee will be responsible for purchasing Southwest Gas stock for the DRIP IRAs in the form of either Original Issue Shares or Open Market Shares. The purchases of Southwest Gas common stock will be Original Issue Shares so long as the market price exceeds 75 percent of the book value of such stock, determined quarterly by Southwest Gas based upon publicly available information contained in its annual and quarterly reports filed with the Securities and Exchange Commission. 6 However, any switch from Original Issue to Open Market Shares (or vice versa) will not occur more than once in any 12-month period. 7 The IRA Trustee also will purchase Open Market Shares during periods when Southwest Gas is precluded from selling common stock due to limitations under the securities laws. 6 The applicant represents that, historically, the shares purchased in the DRIP have been Original Issue Shares. 7 The applicant represents that the book value of Southwest Gas stock is included in the annual report on Form-10K; the number of outstanding shares and total equity are included in each of the quarterly reports on Form-10Q. The determination to switch between Original Issue and Open Market Shares is made at the time these reports are filed with the SEC. Any purchase of Southwest Gas common stock by a DRIP IRA pursuant to the DRIP will be at least as favorable to the DRIP IRA as those obtainable in a comparable arm's length transaction with an unrelated party. In the case of Original Issue Shares, the price per share will be the closing price of Southwest Gas stock, as reported on the NYSE, on the investment date, or, if there is no trading in such stock, the closing price on the last date on which trading occurred prior to the investment date. In the case of Open Market Shares, the price per share will be the weighted average composite closing price, as reported on the NYSE, of all Southwest Gas common stock acquired by the IRA Trustee during the investment period described in the DRIP. Southwest Gas will pay brokerage commissions charged by an independent broker selected by the IRA Trustee, in connection with the purchase of Open Market Shares. 6. Pursuant to the terms of the DRIP, dividends payable on shares of Southwest Gas common stock that are held in a DRIP IRA account will be automatically reinvested in additional shares of Southwest Gas common stock. In addition, cash contributions or rollover contributions that are directed to the DRIP IRA by an IRA Owner will be invested in Southwest Gas common stock in accordance with the terms of the DRIP. 8 8 The applicant represents that the DRIP IRA will also accept rollover contributions in the form of Southwest Gas common stock. The applicant represents that the IRA Trustee will invest these amounts in Southwest Gas common stock as soon as practicable after their receipt by the IRA Trustee, but in any event no later than one month after their receipt. The applicant represents that “one month” can be up to 35 days, a maximum period imposed by the Securities and Exchange Commission. As a general matter, the applicant further represents that the IRA Trustee is not restricted from immediately acquiring Southwest Gas common stock with the dividends and cash contributions, as the 35-day investment window is not a hold period; rather, it is intended to ensure that the IRA Trustee has independence in controlling the timing of investments rather than Southwest Gas. The Applicant represents that, pending the investment in Southwest Gas stock, the IRA Trustee will invest any cash contributions or rollover contributions of IRA Owners in a money market mutual fund, which may be a mutual fund for which the IRA Trustee or its affiliate serves as investment advisor. At the end of each quarter, the IRA Trustee shall allocate the earnings of the money market mutual fund among those IRA Owners who made cash contributions or rollover contributions during that quarter. The allocations will be computed on a pro-rata basis, taking into account the funds contributed by the IRA Owner during the preceding quarter and the number of days that such contributions were invested in the money market account. The allocated earnings will then be applied towards the immediate purchase of additional shares (or fractional shares) of Southwest Gas common stock for investment in the DRIP IRA of each contributing IRA Owner. The procedure for the reinvestment of dividends of Southwest Gas common stock is dependent upon whether the shares being purchased are Original Issue Shares or Open Market Shares. If the shares purchased are Original Issue Shares, then the cash dividend is utilized to purchase additional shares of Southwest Gas common stock on the same day that the dividend is paid. 9 If the shares purchased are Open Market Shares, the cash dividends attributable to IRA Owners would be deposited into a money market account pending investment in Southwest Gas common stock, in the same manner as would govern the deposit of the cash contributions of IRA Owners awaiting investment. 9 The condition contained in section I(h) relating to the purchase of Original Issue Shares with cash dividends requires that the purchase occur on the earliest date that the dividends can reasonably be segregated. If this occurs on the day the dividends are paid, then this reasonable segregation period would not extend beyond this date. 7. The terms of the DRIP IRA will be disclosed in advance of participation in the DRIP IRA pursuant to a written agreement signed by each IRA Owner. According to the applicant, if the IRA Trustee charges fees with respect to the DRIP IRA, the Trustee or Southwest Gas will provide a fee schedule; any such fees will be subtracted from the DRIP IRA, unless paid by the IRA Owner directly. In addition, IRA Owners will receive written notice of any amendment to the DRIP IRA terms at least 30 days in advance of its effective date and have the right to refuse consent to any amendment. Such amendments will not affect the conditions described in Section I of the exemption, if granted. 8. The IRA Owner will be furnished with customary statements, at least quarterly, containing the date, quantity, and price with respect to each purchase of Southwest Gas common stock. Such disclosures should assist IRA Owner in assessing whether continued participation in the DRIP IRA is in accordance with his or her investment objectives for retirement purposes. Further, under the terms of the trust agreement, Southwest Gas must retain an independent certified public accountant to conduct an annual audit of all the DRIP IRAs to be performed in accordance with generally accepted auditing procedures. During the course of the audit, selected IRA Owners will be asked to confirm the audit statement regarding their IRA accounts on a basis and using a sample deemed acceptable by such accountants. Southwest Gas has agreed to promptly furnish M&I with a copy of the audit report and any written commentary from the accountants generated by the audit. 9. The applicant represents that IRA Owners may terminate participation in the DRIP IRA, without penalty, at any time. The applicant represents that the terms of the DRIP permit Southwest Gas to impose termination fees (ranging from $10 to $75), with proper notice to the DRIP participant, but that Southwest Gas intends to pay any such fees associated with termination of a DRIP IRA. Because the DRIP IRAs are intended to be invested exclusively in the common stock of Southwest Gas, an IRA Owner who wishes to pursue other investment alternatives must terminate his or her DRIP IRA and roll over the proceeds to a different IRA. According to the applicant, the IRA Owner may terminate his or her DRIP IRA by requesting a distribution of all the account assets. The distribution may consist of the issuance of a Southwest Gas common stock certificate (with fractional shares paid in cash), 10 or may consist solely of the payment of cash. In the case of cash distribution requests, the IRA trustee will have responsibility for selecting a broker independent of Southwest Gas to sell the DRIP IRA assets on the open market. 11 The IRA Owner will pay associated brokerage commissions for the sale of the Southwest Gas common stock by the IRA; thus, any cash distribution payment will be net of brokerage commissions. 10 The applicant represents that the cash amount for fractional shares will be calculated based upon the sales price of whole shares at the time the distribution request is processed. 11 See PTE 86-128 (51 FR 41686, Nov. 18, 1986, as amended on Oct. 17, 2002, 67 FR 64137), which allows certain plan fiduciaries to use certain affiliated broker-dealers to execute securities transactions on behalf of plans, including IRAs. The Department is not opining on the applicability of PTE 86-128 to the sale of the DRIP IRA assets through an affiliated broker-dealer. In any event, no relief is provided under this exemption for the selection, by the IRA Trustee, of an affiliate to execute transactions involving the sale of Southwest Gas common stock on behalf of the DRIP IRAs. 10. In summary, the applicant represents that the proposed transactions satisfy the statutory criteria for an exemption under section 4975(c)(2) of the Code for the following reasons:
(a)Administrative and recordkeeping services will be provided to the DRIP IRA pursuant to a written agreement between Southwest Gas and the Trustee of the DRIP IRA in which Southwest Gas will act as the IRA Trustee's agent for the provision of such services;
(b)Southwest Gas will receive no compensation or fees for these services, including any portion of fees that the IRA Trustee may be entitled to receive from the DRIP IRA;
(c)The combined total of all fees and other consideration received by the IRA Trustee for the provision of services to the DRIP IRA is not in excess of “reasonable compensation” within the meaning of section 4975(d)(2) of the Code;
(d)The IRA or IRA Owner does not pay a brokerage fee or commission in connection with the purchase of the Southwest Gas stock;
(e)Neither Southwest Gas, the IRA Trustee, nor any affiliate thereof has any discretionary authority or control regarding the determination to acquire, manage, or dispose of the IRA assets, or renders investment advice (within the meaning of 26 CFR 54.4975-9(c)) respecting those assets;
(f)Southwest Gas will, at least annually, and at its own expense, retain an independent certified public accountant to perform an audit of the DRIP IRAs, in accordance with generally accepted auditing standards, and provide the audit report prepared by such accountant to the IRA Trustee;
(g)Cash dividends on Southwest Gas common stock held in a DRIP IRA account that are used to purchase Original Issue Shares of Southwest Gas common stock are automatically reinvested in additional shares of Southwest Gas common stock on the earliest date that such dividends can reasonably be segregated;
(h)Pending the IRA Trustee's investment of the cash amounts (e.g., cash contributions or rollover contributions by IRA Owners) in Southwest Gas stock, such amounts are deposited in a money market mutual fund on the earliest date that they can reasonably be segregated, and earnings accrued thereon are allocated at the end of each quarter on a pro-rata basis among IRA Owners receiving cash amounts and then applied immediately towards the purchase of additional shares of Southwest Gas common stock for the accounts of such IRA Owners;
(i)The terms of any purchase of common stock pursuant to the DRIP, including the purchase price, will be at least as favorable to the DRIP IRA as those obtainable in a comparable arm's length transaction with an unrelated party;
(j)Prior to participation in the DRIP IRA, each IRA Owner receives a written disclosure containing, among other things, information concerning the terms and conditions of the DRIP IRA and any fees paid to the IRA Trustee in connection with the DRIP IRA;
(k)The IRA Owner will be furnished with a statement, at least quarterly, containing the date, quantity, and price with respect to each purchase of common stock; and
(l)The DRIP IRA may be terminated without penalty by the IRA Owner at any time. Notice to Interested Persons The applicant represents that the DRIP IRAs that would be affected by the proposed exemption do not yet exist. Thus, there are currently no IRA Owners who can be identified as interested persons. However, the applicant will provide M&I with a copy of this notice of proposed exemption and of the final exemption, if granted, as published in the **Federal Register** . Comments with respect to the proposed exemption are due within 30 days of the date of publication of this notice in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: Mr. Mark Judge of the Department, telephone
(202)693-8339. (This is not a toll-free number.) Massachusetts Mutual Life Insurance Company, Located in Springfield, Massachusetts [Exemption Application No. D-11228] Proposed Exemption Based on the facts and representations set forth in the application, the Department is considering granting an exemption under the authority of section 408(a) of the Act and section 4975(c)(2) of the Code in accordance with the procedures set forth in 29 CFR part 2570, subpart B (55 FR 32836, 32847, August 10, 1990). 12 12 Unless otherwise noted, references to specific provisions of the Act shall refer also to the corresponding provisions of the Code. Section I—Transactions
(a)If the exemption is granted, the restrictions of section 406(a)(1)(B) and
(D)of the Act, and the sanctions resulting from the application of section 4975 of the Code, by reason of section 4975(c)(1)(B) and
(D)of the Code, shall not apply to:
(1)The extension of credit (“Market Rate Advance or Advances”) by Massachusetts Mutual Life Insurance Company (“MassMutual”) to a participant-directed individual account plan (“the Plan”) if the conditions of Sections II, III and V are met; and
(2)the Plan's repayment of a Market Rate Advance or Advances, plus accrued interest; and
(b)If the exemption is granted, the restrictions of section 406(a)(1)(B) and
(D)and 406(b)(2) of the Act and the sanctions resulting from the application of section 4975 of the Code, by reason of section 4975(c)(1)(A) through
(D)of the Code, shall not apply to
(1)the interest-free extension of credit (“Interest-free Advance”) to a Plan by its respective sponsor (“the Plan Sponsor”) and
(2)the repayment, by the Plan to the Plan Sponsor, of any Interest-free Advance, if the conditions of Sections II, IV and V are met: Section II—General Conditions
(a)Each Market Rate Advance and each Interest-free Advance (collectively “the Advance or Advances”) is made in connection with the administration of a portion of the plan's assets by MassMutual as a unitized fund (“Unitized Fund”) in order to enable daily transactions, such as participant investment transfers, distributions or participant loans, and to facilitate redemptions from the Unitized Fund;
(b)Each Advance is unsecured, uncollateralized, and without recourse;
(c)No commitment fees or commissions are paid by the Plan with respect to the Advances;
(d)The aggregate amount advanced on any business day that an Advance is initiated does not, after the Advance is made, exceed 25% of the total market value of the Unitized Fund;
(e)Each Advance is made in accordance with the terms of a written agreement between MassMutual, the Plan, and, if Interest-free Advances by the Plan Sponsor are being offered, the Plan Sponsor (“the Agreement”). The Agreement describes the terms and procedures for the Advances, including instructions addressing the initiation, amount and repayment. With respect to Market Rate Advances, the Agreement sets forth the formula or method for determining the interest rate payable with respect to each Advance. The Agreement is approved in writing by a fiduciary of the Plan who is independent of, and not an affiliate of, MassMutual (“Independent Plan Fiduciary”);
(f)The Agreement may be terminated by the Independent Plan Fiduciary at any time, subject to the Plan's repayment of any outstanding Advances, with no penalty for such termination;
(g)The fair market value of the assets in the Unitized Fund is determined by an objective method specified in the Agreement;
(h)Any employer security in a Unitized Fund is a “publicly traded qualifying employer security” as defined below.
(i)The Plan is required to repay each Advance and any accrued interest in accordance with the terms of the Agreement as soon as possible after the initiation of the advance.
(j)Within one business day after an Advance is initiated, MassMutual notifies the Independent Plan Fiduciary of the amount of the Advance and, if a Market Rate Advance, the actual interest rate to be applied;
(k)Within ten
(10)days after a Market Rate Advance is fully repaid, MassMutual provides the Independent Plan Fiduciary with a confirmation statement including the date of repayment, the amount of the Advance, and if a Market Rate Advance, the actual interest rate applied, and the total amount of interest paid by the Plan.
(l)Each Advance is initiated, accounted for and administered by MassMutual, in accordance with the terms of the Agreement and the Act.
(m)Neither MassMutual nor any of its affiliates is:
(1)A trustee of the Plan (other than a nondiscretionary trustee who does not render investment advice with respect to the assets of the Unitized Fund);
(2)a plan administrator (within the meaning of section 3(16)(A) of the Act and Code section 414(g));
(3)a fiduciary who is expressly authorized in writing to manage, acquire, or dispose of, on a discretionary basis, any assets of the Unitized Fund; or
(4)an employer any of whose employees are covered by the Plan;
(n)MassMutual maintains or causes to be maintained for a period of six years, in a manner that is accessible for audit and examination, the records necessary to enable the persons described in the next paragraph to determine whether the conditions of this exemption have been met, except that:
(1)If the records necessary to enable the persons described in the next paragraph to determine whether the conditions of the exemption have been met are lost or destroyed, due to circumstances beyond the control of MassMutual, then no prohibited transaction will be considered to have occurred solely on the basis of the unavailability of those records; and
(2)No party in interest, other than MassMutual which is responsible for record-keeping, shall be subject to the civil penalty that may be assessed under section 502(i) of the Act or the taxes imposed by section 4975(a) and
(b)of the Code if the records are not maintained or are not available for examination as required by the next paragraph; (o)(1) Except as provided below in subparagraph
(2)and notwithstanding any provisions of section 504(a)(2) and
(b)of the Act, the records referred to in the above paragraph are unconditionally available at their customary location for examination during normal business hours by—
(A)Any duly authorized employee or representative of the Department or the Internal Revenue Service;
(B)Any fiduciary of the plan or any duly authorized employee or representative of such fiduciary;
(C)Any contributing employer and any employee organization whose members are covered by the plan, or any authorized employee or representative of these entities; or
(D)Any participant or beneficiary of the plan or the duly authorized representative of such participant or beneficiary.
(2)None of the persons described in subparagraph (1)(B)-(D) above shall be authorized to examine trade secrets or commercial or financial information which is privileged or confidential. Section III—Conditions Specific to Market Rate Advances The relief provided under Section I
(a)is available only if the following conditions are met:
(a)Market Rate Advances are made on terms at least as favorable to the Plan as those the Plan could obtain in an arm's length transaction with an unrelated party;
(b)Neither MassMutual nor its affiliate has or exercises any discretionary authority or control with respect to the initiation of a Market Rate Advance, the amount of a Market Rate Advance, the interest rate payable on a Market Rate Advance, or the repayment of the Market Rate Advance;
(c)Interest payable by the Plan on each Market Rate Advance is determined in accordance with an objective formula or method described in the Agreement; Section IV—Conditions Specific Interest-Free Advances The relief provided under Section I
(b)is available only if the following conditions are met:
(a)No interest or other fee is charged to the plan, and no discount for payment in cash is relinquished by the plan, in connection with the Interest Free Advance;
(b)The Interest-free Advance is not a loan described in section 408(b)(3) of ERISA and the regulations promulgated there under (29 CFR 2550.408b-3) or section 4975(d)(3) of the Code and the regulations promulgated there under (26 CFR 54.4975-7(b));
(c)The Interest-free Advance is not made directly or indirectly by an employee benefit plan;
(d)Any Interest-free Advance that is entered into for a term of 60 days or longer must be made pursuant to a written loan agreement that contains all of the material terms of such loan. Section V—Definitions
(a)The term “affiliate” means
(i)any person directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with such other person;
(ii)any officer, director, employee or relative (as defined in section 3(15) of the Act) of such other person; and
(iii)any corporation or partnership of which such other person is an officer, director or partner.
(b)The term “control” means the power to exercise a controlling influence over the management or policies of a person other than an individual.
(c)The term “Plan Sponsor” means the employer of the employees covered by the Plan.
(d)The term “publicly traded qualifying employer security,” for purposes of this exemption, means a security that meets the definition of “stock” pursuant to section 407(d)(5)(A) of the Act and the definition of “NMS stock” as defined in SEC Regulation NMS, 17 CFR 242.600(b)(47).
(e)The term “unitized fund” for purposes of the exemption means a fund that, to facilitate trading and/or accounting, has established “units” representing undivided interests in all of the assets of such fund. Statement of Facts and Representations 1. MassMutual is a mutual life insurance company organized under the laws of the Commonwealth of Massachusetts and subject to supervision and regulation by the Insurance Commissioner of Massachusetts. MassMutual conducts business in all 50 states, as well as in the District of Columbia and Puerto Rico. MassMutual and its family of companies serve the needs of over 10 million clients and offer a broad-based portfolio of financial products and services, including mutual funds, money management, trust services, retirement planning products, life insurance, annuities, disability income insurance, and long-term care insurance. 2. MassMutual represents that it performs a wide variety of services for employee benefit plans subject to the Act, including unitization services. As part of these activities, MassMutual enters into arrangements with Plan Sponsors for the administration of their Plans and the investment of their Plan assets. As of December 31, 2005, MassMutual had net capital of $8,787,000,000 and assets under management of $395,881,000,000. 3. Unitization services facilitate daily trading between investment options offered under a plan by permitting daily trading of plan investment options that would otherwise not be able to be traded or settled within one day. Unitization services permit daily transactions by establishing “units” representing undivided interests in all of the assets of the Unitized Fund. MassMutual represents that it establishes a daily unit value by dividing the market value of the Unitized Fund by the number of units held by participants, and on a daily basis, processes participant contributions to, and withdrawals from, the Unitized Fund as purchases and sales of units at the daily unit value. When cash is required to settle transactions in units resulting from participant withdrawals and exchanges of units from the Unitized Fund, the cash requirements are satisfied first from the liquid investments of the Unitized Fund and then shares of the Unitized Fund investments may be sold to restore the liquidity. MassMutual represents that all employer securities and separately managed accounts it administers are unitized. The unitization services that are the subject of this application are only being offered to individual plans, no transactions covered by this application involve pooled accounts. 4. Under this proposed exemption, MassMutual would offer Plans with unitized funds the opportunity to establish one or both of the following two programs:
(a)Market Rate Advances from MassMutual or
(b)Interest-free Advances from the plan sponsor or its affiliate. 13 In either case, Plans would use these Advances only if the cash portion of a Unitized Fund is insufficient to cover unit redemption requests on a particular business day. 13 The Department notes that PTE 80-26, as amended [71 FR 17917, April 7, 2006] provides relief for interest-free loans by the plan sponsor or its affiliate, if the conditions of the amended exemption are met. 5. MassMutual states that it may provide unitization services to Plans where MassMutual is a trustee, custodian, or recordkeeper. In some cases, MassMutual may be engaged by the Plan solely to provide unitization services and MassMutual would have custody of the Plan's assets only to the extent required for the administration of the Unitized Fund. 6. MassMutual represents that because participant-directed Plans generally offer MassMutual funds as investment options, procedures for investments, exchanges and redemptions under these Plans accommodate mutual fund trading practices. Participant investment transactions would generally be processed as follows:
(a)after the close of business on each trade date, mutual fund transfer agents calculate the daily net asset value (the “NAV”) at which shares may be purchased or redeemed for each mutual fund and recordkeepers receive the daily NAV for each mutual fund;
(b)the recordkeeper processes participant instructions for exchanges between investment options and Plan withdrawals that are submitted to the recordkeeper before a cut-off time ( *e.g.* , 3 p.m.) on any business day (the “trade date” or “T”), and purchase orders resulting from new Plan contributions received on the trade date, using the daily NAV provided for each mutual fund at the close of business on that trade date;
(c)the recordkeeper aggregates participant transaction information to create a single Plan purchase or redemption order for each mutual fund offered as a Plan investment option. The recordkeeper submits these orders to the mutual funds during the night, or possibly, very early on the next business day (T+1);
(d)on T+1, the purchase and redemption transactions are settled by the transfer of money from the master contributions account for purchases to the mutual funds and the collection of the redemption proceeds from the mutual funds which are held in the master disbursement account. Redemption proceeds are reinvested on T+1 if the redemption transaction is processed as part of an exchange between Plan investment options, or transferred to the Plan trustee if withdrawn from the Plan; and
(e)in the case of an exchange between investment options offered under a Plan, the recordkeeper may process the exchange as a simultaneous redemption and purchase transaction on T, and both transactions are settled on T+1. 7. MassMutual represents that these procedures are successful because mutual funds meet two important requirements: The transfer agent establishes a daily NAV for processing purchases and redemptions; and mutual funds maintain liquidity that permits payment of redemption proceeds on T+1. Interests in collective trust funds also may be traded on a daily basis under these procedures if administered to allow daily contributions and withdrawals. MassMutual explains that some investment options that Plan sponsors may wish to offer participants do not meet requirements for daily trading. For example:
(a)Purchase and sale transactions involving employer stock owned by a Plan typically settle on a “T+3” basis, which means that proceeds upon the sale of employer stock may not be received for three business days after the day of a sale transaction.
(b)“Stable value funds” typically hold insurance company guaranteed investment contracts
(GICs)or other investments that provide a benefit-responsive guarantee ( *e.g.* , so-called “alternative” stable value contracts, such as “synthetic GICs”), which may require up to ten
(10)days notice for withdrawals; and
(c)withdrawals from a Plan account managed by an investment manager, within the meaning of section 3(38) of the Act (managed account), might require sales of securities owned in the managed account. Like employer stock, sales of securities from a managed account generally would settle on a “T+3” basis. 8. Unitization services provided by MassMutual allow participants to engage in daily transactions involving these types of Plan investment options by providing a daily price and liquidity that permits withdrawals on any business day. MassMutual represents that Unitized Fund administration is a ministerial service that MassMutual performs under specific instructions from a Plan fiduciary independent of MassMutual (an “Independent Plan Fiduciary”). The Independent Plan Fiduciary may be the Plan administrator described in section 3(16)(A) of the Act, another Plan fiduciary responsible for determining the Plan's investment options, or an investment manager described in section 3(38) of the Act appointed for a Plan. All of the Independent Plan Fiduciary's instructions are provided in, or in accordance with, a written unitization agreement (the Agreement) made between MassMutual and the Independent Plan Fiduciary. Where Interest-free Advances are being offered, the Plan Sponsor will also be a party to the Agreement. Among other things, MassMutual represents that the Agreement provides standing instructions addressing the initiation, amount, repayment and, with respect to Market Rate Advances by MassMutual, the formula or method for determining the interest rate payable with respect to each Advance. The terms of the Agreement are approved in writing by the Independent Plan Fiduciary. 9. MassMutual represents that the Independent Plan Fiduciary directs it to establish a Unitized Fund consisting of the assets that are the primary investment under the Plan investment option to be unitized and cash, or cash equivalent investments, that provide liquidity for the Unitized Fund (the “cash portion”) in order to facilitate daily trading. 14 For example, a unitized employer stock fund would consist of shares of employer stock 15 and a cash portion; a unitized stable value fund would consist of GICs and/or alternative stable value contracts and a cash portion, and a unitized managed account would consist of investments selected and managed by the Plan's investment manager and a cash portion. In most cases, the Independent Plan Fiduciary directs MassMutual to invest the cash portion directly or indirectly in shares or units of a money market fund, including one managed by MassMutual. In this regard, MassMutual is able to submit redemption orders for shares or units of the Money Market Fund on any business day and receive cash on the Plan's behalf on the same business day, which allows MassMutual to transfer funds to settle redemptions from the Unitized Fund on T+1. The Independent Plan Fiduciary may direct MassMutual to invest the cash portion of a Unitized Fund in investments other than the Money Market Fund, provided that the investment offers similar liquidity. 14 The Department notes that whether or not unitization is appropriate for particular plan is a fiduciary decision. In making this decision, the fiduciary should consider such factors such as plan asset size, number of plan participants, the size of the unitized fund, and the type and nature of the unitized fund and the assets (e.g., whether exchange-traded and readily available, or less liquid.) 15 The standard unitization agreement submitted by MassMutual did not permit in-kind distributions of employer securities. In response to questions, MassMutual explained that in-kind distributions are an option that may be selected by the plan. The Department notes that offering in-kind distributions of employer securities gives participants the option to elect the special tax treatment available for net unrealized appreciation in employer securities, pursuant to IRC 402(e)(4). 10. MassMutual's fees for unitization services are also described in the Agreement. Generally, the fees may include an initial set-up charge and an annual administration charge, which may be a fixed amount, a fee based on the value of assets in the unitized account, or a combination of both. MassMutual represents that in no event will it have any discretionary authority or control or provide any investment advice (as described by section 3(21) of the Act and regulations thereunder) with respect to the selection of the assets of a Unitized Fund. In this regard, the Independent Plan Fiduciary or an investment manager appointed in accordance with Plan terms and independent of MassMutual would be solely responsible for determining the investments of the Unitized Fund and, as further described below, providing MassMutual with specific instructions regarding the operation of the Unitized Fund. In addition, MassMutual does not provide any asset allocation or other services that may affect or influence participant transactions involving a Unitized Fund. 11. MassMutual explains that to establish a Unitized Fund, the Independent Plan Fiduciary directs MassMutual in the Agreement to calculate the market value of assets owned by the Plan in connection with the investment option to be unitized (e.g., the employer stock or other investments and the cash portion) on the first day that the option is unitized (the unitization date) and then establish “units” of the Unitized Fund by dividing the market value by a proposed initial unit value. Typically, an initial number of units are determined by dividing the current market value of the combined assets by $10. 12. On the unitization date, the recordkeeper allocates the units to participant accounts based on each participant's pro rata interest in the Unitized Fund. Each business day after the unitization date, the Agreement requires MassMutual to establish a daily unit price based on the current market value of the Unitized Fund. Procedures for determining current market value are specified in the Agreement and would require an objective method so that MassMutual does not have any discretion in determining the market value of the unitized Fund or unit price. For example, in the case of employer stock, the Agreement may require MassMutual to value the stock at the closing price on the New York Stock Exchange. Securities issued by mutual funds would be valued at the daily net asset value published by the mutual fund. In the case of GICs or alternative stable value contracts, the Agreement would generally direct MassMutual to use book value as reported by the contract issuer. In the case of a managed account, the investment manager may value the managed account, or MassMutual may determine the value if MassMutual has custody of the managed account assets. MassMutual provides the daily unit price for each Unitized Fund after the close of each business day. The unit price is made available to the Plan's recordkeeper for purposes of processing new participant investments in the Unitized Fund, withdrawals from the Unitized Fund, and participant-directed exchanges involving the Unitized Fund. 13. Each business day, according to MassMutual, the Plan's recordkeeper aggregates all participant investment transactions involving the Unitized Fund to create a Plan purchase and redemption order for units of the Unitized Fund. The recordkeeper submits the purchase and redemption orders on the same basis that the recordkeeper submits orders for the mutual fund investment options offered under the Plan. Generally, the Plan's recordkeeper is a party to the Agreement and agrees to process participant investment transactions involving the Unitized Fund in accordance with requirements that accommodate MassMutual's provision of unitization services, as described by the Agreement. In the case of a managed account, the investment manager may also be party to the Agreement and would agree to assist MassMutual in providing unitization services by, e.g., providing daily valuation information and selling assets of the managed account when required for liquidity purposes. Upon receipt of a purchase order, MassMutual increases the total number of units of the Unitized Fund by the number of units purchased and accepts funds transferred to MassMutual to pay for the units purchased. Upon receipt of a unit redemption order, MassMutual reduces the number of units accordingly and forwards funds to settle the unit redemptions. 14. MassMutual represents that the Agreement includes specific instructions for the management of liquidity of a Unitized Fund. Specifically, the Independent Plan Fiduciary must specify a “target liquidity,” which specifies the intended size of the cash portion in comparison with the total assets of a Unitized Fund. The target liquidity would be established at a level that reasonably provides enough cash to accommodate the expected volume of redemption transactions generated by participants in the ordinary course. A typical target liquidity may range from 1% to 10%, depending on factors such as the size of the Unitized Fund, the average trading volume of assets held in the Unitized Fund, the number of participants with an interest in the Unitized Fund, and the relative size of each participant's interest in the Unitized Fund. The Agreement also specifies a “liquidity variance” that defines the range within which the actual value of the cash portion, as compared to total value of the Unitized Fund, (actual liquidity) may vary from the target liquidity. If the actual liquidity exceeds the target liquidity by more than the liquidity variance, excess amounts must be immediately invested. If the actual liquidity is less than the target liquidity by more than the target variance, then some Unitized Fund investments must be liquidated to increase the cash portion. 15. According to MassMutual, the Agreement always provides MassMutual with specific instructions for making new investments on behalf of the Unitized Fund or liquidating investments of a Unitized Fund. In the case of employer stock, MassMutual is generally directed to place a purchase or sell order to restore the Unitized Fund to target liquidity on the business day that the excess liquidity or liquidity shortfall is identified. For unitized stable value funds, the Independent Plan Fiduciary must provide MassMutual with specific instructions as to which stable value contracts MassMutual should be credited with deposits or withdrawals. In the case of a managed fund, the Agreement generally requires MassMutual to notify the Plan's investment manager of excess liquidity or a liquidity shortfall and the manager is responsible for buying or selling account assets to restore the actual liquidity of the managed account to the permitted range. 16. MassMutual represents that whenever the actual liquidity of a Unitized Fund falls below the target liquidity by more than the liquidity variance, assets of the Unitized Fund must be liquidated to restore the target liquidity. If employer stock or other securities, which settle on a “T+3” basis, are sold, the sale proceeds usually would be received after three business days. Some transactions may take longer to settle, for example, withdrawals from GICs or alternative stable value contracts may require up to ten days. Nevertheless, as long as the cash portion of the Unitized Fund is sufficient to cover unit redemption requests submitted to MassMutual on each business day, unit redemptions can be processed and settled on a daily basis. 17. From time to time, the actual liquidity of a Unitized Fund may not provide sufficient liquidity for the unit redemption requests on a business day. If requests for redemptions exceed the actual liquidity of the Unitized Fund, MassMutual instructs the trustee to
(1)fulfill the participant's unit redemption requests and
(2)sell assets to return the fund to its requisite liquidity. MassMutual pays the trustee for the overdraft services: Plans, however, may make their own arrangements with the trustee. The redemptions are processed at the unit price established the business day on which the redemptions are resubmitted. Generally, the Agreement would instruct MassMutual to continue to accept unit purchase orders even if unit redemption orders have been rejected. 18. MassMutual represents that in its experience it is expensive and burdensome to Plans and participants to reject unit redemptions due to insufficient liquidity for several reasons. First, the reversal of a transaction is an exception from typical administrative procedures and, therefore, must be processed and reconciled manually rather than on automated recordkeeping systems; this increases recordkeeping expenses incurred by Plans and participants and increases the opportunity for recordkeeping and reconciliation errors. Second, until the reversed transaction is posted to participant accounts, participant account records (which are available to participants on a daily basis) will be inaccurate. Most important, the unit redemption requests are likely to be requested in connection with a participant's request for an exchange from a Unitized Fund to another Plan investment option. If the Unitized Fund redemption requests cannot be settled, the corresponding purchases of shares or units of the other Plan investment options also must be reversed. As noted, MassMutual does not receive unit redemption orders until T+1, by which time; a corresponding purchase order would also have been received by the mutual fund transfer agent. In many cases, it is not possible to stop a purchase of mutual fund shares. Instead, the shares must be resold at the then current market price. If there has been a one-day change in share price, the Plan may be liable for the difference. 19. One way to reduce the risk that any unit redemptions may be rejected is to increase the Unitized Fund's target liquidity. In this regard, the Agreement generally requires MassMutual to notify the Independent Plan Fiduciary each time that unit redemptions are rejected so that the Independent Plan Fiduciary can evaluate whether target liquidity is appropriate and increase target liquidity as needed. However, increasing target liquidity affects the risk and return characteristics of the Unitized Fund, which is an undesirable result in the view of many Plan fiduciaries. In many cases, increases in the portion of a fund invested in cash and cash equivalents reduces the fund's investment return over the long-term as compared to the return that could be obtained by a fund with a smaller cash portion. 20. As a service provider to Plans, MassMutual is a party in interest to such Plans. Therefore, MassMutual represents that Advances by MassMutual to Plans in connection with its unitization services, and the receipt by MassMutual of interest may raise issues under section 406(a) of the Act. Advances by a plan sponsor, also a party in interest, are prohibited under section 406. Therefore MassMutual is requesting an exemption to permit it to make advances and earn interest on these Market Rate Advances and to permit plan sponsors of plans that use MassMutual's unitization services to provide Interest-free Advances to their plans. 21. The proposed exemption for the Advances requires the Plan repay the principal amount of a Market Rate Advance and accrued interest as soon as possible after the initiation of the Advance. No commitment fees or commissions will be paid by the Plan in connection with an Advance. The Advances would be available under procedures reviewed and approved by the Independent Plan Fiduciary and incorporated into the Agreement. The Agreement will describe the terms and procedures for the Advances, including instructions addressing the initiation, amount and repayment. 22. With respect to Market Rate Advances, the Agreement will also describe the formula or method for determining the interest rate payable with respect to each Market Rate Advance. For example, the Agreement might specify a formula for determining the interest on Market Rate Advances based on a published indexed interest rate established by an independent third party (e.g., the London Interbank Offered Rate or the U.S. Federal Reserve's Cost of Funds Index) and provide for daily accrual of interest until the Market Rate Advance is repaid. MassMutual will not have or exercise any discretion with respect to how the rate is determined under the formula or method. Interest on Market Rate Advances will be an operating expense of a Unitized Fund and will be paid from the assets of the Unitized Fund. 23. The Agreement governing the Advances will limit the total amount that MassMutual or the Plan Sponsor may advance to a Plan to 25% of the total market value of the Unitized Fund on the business day that any Advance is made. MassMutual represents that such limits will be imposed because Advances are intended to facilitate the administration of a Unitized Fund in the ordinary course of business. If the liquidity needed to settle redemption requests on a particular business day exceeds a limit set on Advances, Plan fiduciaries may wish to review whether the Plan should continue “daily trading” in participant interests in the Unitized Fund. The fair market value of the assets of the Unitized Fund is determined by an objective method specified in the Agreement. 24. The Advances will not be secured or collateralized. MassMutual will generally be directed under the Agreement to automatically sell or redeem assets of a Unitized Fund on any business day that the actual liquidity of a Unitized Fund falls below the target liquidity by more than the liquidity variance. Further, MassMutual generally will be directed by the Agreement to automatically collect the amount of an Advance and accrued interest, if any, from proceeds received upon the sale or redemption of those assets. 25. MassMutual represents that the liquidity needs of the Unitized Employer Stock Fund and the market for Employer Stock may necessitate the situation in which an, orderly liquidation of Employer Stock may need to occur over a period of months or a few weeks. For example,
(a)if it is known that a 10 percent shareholder is liquidating his or her interest in the Plan Sponsor in the market, large sales of Employer Stock will typically yield a lower price than smaller sales over a period of weeks or a few months;
(b)if a large amount of Employer Stock is to be sold by the Plan (e.g., part of the business is sold and a large number of employees become eligible for and elect to receive distributions from the Plan), an orderly sale of Employer Stock by the Plan would normally yield a higher price; or
(c)if the Plan Sponsor or the Independent Plan Fiduciary determines that it would be imprudent or unlawful to sell the Employer Stock at a particular time (e.g., it jeopardizes the Plan's qualified tax status or it would violate a securities law), then sales of Employer Stock would be made as prudent and lawful as possible and would be extended over a period of time. MassMutual represents that it will not exercise discretion with respect the assets in the unitized fund. Where the sale will occur over several days, MassMutual will receive specific instructions regarding the timing of the sales from the Independent Fiduciary. As discussed above, the employer securities may be sold over a period of months or weeks at the then current market price. In contrast, participant transactions involving purchase or sales of the units in the Unitized Employer Stock Fund will be made after the close of the market based on the unit value of the Unitized Employer Stock Fund at the closing price of the Employer Stock held by the Unitized Employer Stock Fund. Participants will also receive confirmation of the unit price at which their transactions (e.g., distributions, transfers, etc.) are made. 26. MassMutual will provide notice to the Independent Plan Fiduciary about each Advance at the time the Advance is made and after the Advance is repaid. With respect to Market Rate Advances, no later than one business day after a Market Rate Advance is initiated, MassMutual will notify the Independent Plan Fiduciary of the principal amount of the Market Rate Advance and the interest rate to be applied. Within ten days after a Market Rate Advance is fully repaid, MassMutual will provide the Independent Plan Fiduciary with a confirmation including the date of repayment, the amount of the Market Rate Advance, the actual interest rate applied, and the total amount of interest paid by the Plan. 27. The Agreement may be terminated by the Independent Plan Fiduciary at any time, subject to the Plan's repayment of any outstanding Advances made as required by the terms of the Agreement. The Advances will be made on terms at least as favorable to the Plan as those the Plan could obtain in an arm's-length transaction with an unrelated party. 28. Neither MassMutual nor an affiliate may have, or exercise, any discretionary authority or control with respect to the initiation of an Advance, the amount of an Advance, the interest rate payable on a Market Rate Advance, or the repayment of an Advance. These circumstances are determined by the Independent Plan Fiduciary and are set forth in the Agreement. In addition, MassMutual or an affiliate may not be
(a)a trustee of the Plan (other than a nondiscretionary trustee who does not render investment advice with respect to the assets of the Unitized Fund),
(b)a Plan administrator,
(c)a fiduciary who is expressly authorized in writing to manage, acquire, or dispose of, on a discretionary basis, any assets of the Unitized Fund, or
(d)an employer any of whose employees are covered by the Plan. 29. In response to concerns raised by the Department regarding the unitization of employer security funds consisting of that were not sufficiently liquid, MassMutual agreed that this exemption would only apply to those qualifying employer securities that would meet the definition of qualifying employer securities that were stock pursuant to 407(d)(5)(A) of the Act. To further assure sufficient liquidity, MassMutual agreed that the employer securities must also qualify as “NMS stock” pursuant to the SEC's recently published Regulation NMS, 17 CFR 242.600(b)(46)and (47). 16 The term generally covers securities that are listed on a National Securities Exchange, such as the New York Stock Exchange or The NASDAQ Stock Market, Inc. 17 In order to meet the definition of NMS stock, the stock must be one for which transaction reports are collected and processed, and such reports must be available for review. Therefore, according to MassMutual, limiting application of the proposed exemption to employer securities which meet the definition of NMS stock ensures that only those securities which can be readily valued, based on market quotations, will be covered by the proposed transactions. 16 The Securities Exchange Act of 1934 directs the Securities and Exchange Commission (the “SEC”) to designate certain securities or classes of securities qualified for trading in the national market system. See 15 U.S.C. 78k-1(a)(2). 17 CFR 242.600 provides: a. The term national market system security as used in section 11A(a)(2) of the Act shall mean any NMS security as defined in paragraph
(b)of this section. b. For purposes of Regulation NMS (Rules 242.600 through 242.612), the following definitions shall apply: 46. NMS security means any security or class of securities for which transaction reports are collected, processed, and made available pursuant to an effective transaction reporting plan, or an effective national market system plan for reporting transactions in listed options. 47. NMS stock means any NMS security other than an option. 17 The NASDAQ Stock Market has been authorized by the SEC to become a national securities exchange and is in the process of making that conversion. 30. In summary, MassMutual represents that the subject transactions satisfy the criteria contained in section 408(a) of the Act for the following reasons:
(a)The requested exemption will be administratively feasible because the Advances will be monitored by the Independent Plan Fiduciary of each Plan. Thus the level of oversight required by the Department will be minimal.
(b)The requested exemption will be in the interests of Plan participants and beneficiaries because it will allow Plans to avoid rejections of the Unitized Fund redemption transactions resulting from insufficient liquidity. This will protect Plan participants and beneficiaries from the expense, inconvenience, possible recordkeeping errors, and potential Plan exposure for trading losses on corresponding purchase transactions for other Plan investments, which could result if Unitized Fund liquidity is insufficient to settle the redemption on a requested business day. The protection will be available where the plan sponsor is willing to provide the liquidity without interest, as well as where the sponsor is not willing to do so, but decides, in the interest of the plan, that liquidity is needed.
(c)The requested exemption will protect participants' and beneficiaries' rights because
(i)the terms and conditions of Advances will be clearly disclosed in a written Agreement between MassMutual and an Independent Plan Fiduciary, which will specifically describe the procedures under which Advances will be made and repaid, the amount of each Advance, and, in the case of a Market Rate Advance, the formula or method for determining interest;
(ii)the terms on which Advances would be made must be at least as favorable to the Plan as a similar third party arm's length transaction;
(iii)the Agreement permitting the Advances can be terminated by the Independent Plan Fiduciary at any time, without penalty;
(iv)MassMutual will provide to the Independent Plan Fiduciary on the business day following the day an Advance is made, a notice describing the amount of the Advance and, if it is a Market Rate Advance, the interest rate payable, and within 10 days of the repayment of each Advance, notice confirming the amount of the Advance, the date of repayment and the actual amount of interest, if any, paid by the Plan. These notices provide an Independent Plan Fiduciary the ability to monitor each Advance and ensure the Advances are appropriate and in the interest of the Plan's participants and beneficiaries;
(v)MassMutual will not have or exercise any discretionary authority or control over the assets of the Plan invested in a Unitized Fund and will act solely at the direction of an Independent Plan Fiduciary. In addition, MassMutual may not have a relationship to a Plan receiving Advances that might provide MassMutual any discretionary authority or control with respect to the investment of the assets of the Unitized Fund or Market Rate Advances to be made to the Plan; and
(vi)the relief requested for interest free loans is protective because no fees will be charged and no recourse will be given. FOR FURTHER INFORMATION CONTACT: Andrea W. Selvaggio of the Department, telephone
(202)693-8540. (This is not a toll-free number). General Information The attention of interested persons is directed to the following:
(1)The fact that a transaction is the subject of an exemption under section 408(a) of the Act and/or section 4975(c)(2) of the Code does not relieve a fiduciary or other party in interest or disqualified person from certain other provisions of the Act and/or 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 participants and beneficiaries of the plan and in a prudent fashion in accordance with section 404(a)(1)(b) of the Act; nor does it affect the requirement of section 401(a) of the Code that the plan must operate for the exclusive benefit of the employees of the employer maintaining the plan and their beneficiaries;
(2)Before an exemption may be granted under section 408(a) of the Act and/or section 4975(c)(2) of the Code, the Department must find that the 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 proposed exemptions, if granted, will be supplemental to, and not in derogation of, any other provisions of the Act and/or 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; and
(4)The proposed exemptions, if granted, will be subject to the express condition that the material facts and representations contained in each application are true and complete, and that each application accurately describes all material terms of the transaction which is the subject of the exemption. Signed at Washington, DC, this 24th day of April, 2006. Ivan Strasfeld, Director of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor. [FR Doc. E6-6356 Filed 4-27-06; 8:45 am] BILLING CODE 4510-29-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,369] Agere Systems, Inc.; Orlando, FL; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on December 19, 2005, applicable to workers of Agere Systems, Inc., Orlando, Florida. The workers are engaged in employment related to the production of integrated circuits. By letter dated March 2, 2006, the International Brotherhood of Electrical Workers, Local Union 2000, provided new information which indicated that the intention was to apply for all Trade Act benefits available at the time of the filing (November 3, 2005). Therefore, the Department has made a decision to investigate further to determine whether the subject workers are eligible to apply for Alternative Trade Adjustment Assistance. The investigation revealed that a significant number of workers of the subject firm are age 50 or over, workers have skills that are not easily transferable, and conditions in the industry are adverse. Review of this information shows that all eligibility criteria under section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, have been met for workers at the subject firm. Accordingly, the Department is amending the certification to reflect its finding. The amended notice applicable to TA-W-58,369 is hereby issued as follows: “All workers of Agere Systems, Inc., Orlando, Florida, who became totally or partially separated from employment on or after November 3, 2004 through December 19, 2007, are eligible to apply for adjustment assistance under section 223 of the Trade Act of 1974, and are also eligible to apply for Alternative Trade Adjustment Assistance under section 246 of the Trade Act of 1974, as amended.” Signed at Washington, DC, this 19th day of April 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6404 Filed 4-27-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-56,170] Broyhill Furniture Industries, Inc., Pacemaker Furniture Company; Lenoir, NC; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on December 22, 2004, applicable to workers of Broyhill Furniture Industries, Inc., Pacemaker Furniture Company, Lenoir, North Carolina. Carolina. The workers are engaged in the production of case goods (wooden) furniture used in bedrooms, dining rooms and living rooms. The notice was published in the **Federal Register** on January 4, 2005 (70 FR 3391). New information provided by the petitioners indicated that their intention was to apply for all available Trade Act benefits at the time of the filing. Therefore, the Department has made a decision to investigate further to determine if the workers are eligible to apply for Alternative Trade Adjustment Assistance. The investigation revealed that a significant number of workers of the subject firm are age 50 or over, workers have skills that are not easily transferable, and conditions in the industry are adverse. Review of this information shows that all eligibility criteria under section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended have been met for workers at the subject firm. Accordingly, the Department is amending the certification to reflect its finding. The amended notice applicable to TA-W-56,170 is hereby issued as follows: “All workers of Broyhill Furniture Industries, Inc., Pacemaker Furniture Company, Lenoir, North Carolina, who became totally or partially separated from employment on or after December 1, 2003, through December 22, 2006, are eligible to apply for adjustment assistance under section 223 of the Trade Act of 1974 and are also eligible to apply for Alternative Trade Adjustment Assistance under section 246 of the Trade Act of 1974.” Signed at Washington, DC this 14th day of April 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6401 Filed 4-27-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,861] Campbell Hausfeld/Scott Fetzr Company, Including Leased On-Site Workers From Superior Staffing, Leitchfield, KY; Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Negative Determination Regarding Eligibility To Apply for Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for worker adjustment assistance. In order to make an affirmative determination and issue a certification of eligibility to apply for Trade Adjustment Assistance, the group eligibility requirements in either paragraph (a)(2)(A) or (a)(2)(B) of section 222 of the Trade Act must be met. It is determined in this case that the requirements of (a)(2)(B) of section 222 have been met. The investigation was initiated on February 17, 2006 and filed on behalf of workers at Campbell Hausfeld/Scott Fetzer Company, Leitchfield, Kentucky. The workers produce air compressors. The investigation revealed that the subject firm leased some on-site production workers from Superior Staffing. The investigation revealed that employment, sales, and production at the subject firm declined in 2005 compared with 2004 and also in January-February 2006 compared with the same period of 2005. Company imports of air compressors increased during the above periods. In accordance with section 246 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. The group eligibility criteria for the ATAA program 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 criterion 2 has not been met. The investigation revealed that the workers in the workers' firm possess skills that are easily transferable. Conclusion After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with those produced by the subject firm contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm. In accordance with the provisions of the Act, I make the following certification: “All workers of Campbell Hausfeld/Scott Fetzer Company, including leased on-site production workers from Superior Staffing, Leitchfield, Kentucky, who became totally or partially separated from employment on or after February 2, 2005, 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 Campbell Hausfeld/Scott Fetzer Company, including leased on-site production workers from Superior Staffing, Leitchfield, Kentucky, 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 13th day of March, 2006. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6406 Filed 4-27-06; 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 May 8, 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 May 8, 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 17th day of April 2006. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. Appendix [TAA petitions instituted between 4/10/06 and 4/14/06] TA-W Subject firm (petitioners) Location Date of institution Date of petition 59176 East Palestine China Co.
(Comp)East Palestine, OH 04/10/06 04/07/06 59177 Grapevine Staffing, LLC (State) Creston, IA 04/10/06 04/07/06 59178 Zohar Waterworks, LLC
(Comp)Columbus, OH 04/10/06 04/07/06 59179 Hoffmaster
(Wkrs)Glens Falls, NY 04/10/06 03/23/06 59180 Leading Technologies
(Wkrs)Leechburg, PA 04/10/06 03/31/06 59181 Syngenta
(Comp)Bucks, AL 04/10/06 04/10/06 59182 Artisans, Inc.
(Comp)Glen Flora, WI 04/11/06 04/10/06 59183 Gehl Company (Union) West Bend, WI 04/11/06 04/10/06 59184 John F. Turner and Company
(Wkrs)Modesto, CA 04/11/06 04/07/06 59185 Roseburg Forest Products
(Comp)Dillard, OR 04/11/06 03/31/06 59186 Paul Lavitt Mills, Inc.
(Comp)Hickory, NC 04/11/06 04/11/06 59187 Terrell Brothers Manufacturing Co.
(Comp)Denton, NC 04/11/06 03/12/06 59188 Bosch Rexroth Corporation
(UAW)Wooster, OH 04/11/06 04/10/06 59189 Photronics, Inc.
(Wkrs)Austin, TX 04/11/06 03/31/06 59190 FSP-One, Inc.
(Comp)Plainville, MA 04/11/06 04/11/06 59191 ADC (State) Shakopee, MN 04/11/06 04/11/06 59192 Sauer-Danfoss
(UAW)LaSalle, IL 04/11/06 04/11/06 59193 CEP Products
(Wkrs)West Alexandria, OH 04/11/06 04/11/06 59194 Artist Colony
(Wkrs)Lexington, NC 04/11/06 04/09/06 59195 Photronics, Inc.
(Comp)Milpitas, CA 04/11/06 04/11/06 59196 Kincaid Furniture Co., Inc.
(Comp)Hudson, NC 04/12/06 04/11/06 59197 Collins and Aikman
(Comp)Farmville, NC 04/12/06 04/10/06 59198 Tietex Interiors—Williamsburg
(Comp)Gibsonville, NC 04/12/06 03/22/06 59199 Mechanical Products MP (State) Jackson, MI 04/12/06 04/07/06 59200 General Mills, Inc. (Union) Allentown, PA 04/12/06 04/12/06 59201 Amphenol T and M Antennas
(Comp)Vernon Hill, IL 04/12/06 04/11/06 59202 Howell Penncraft
(Comp)Howell, MI 04/12/06 04/12/06 59203 LH Sewing
(Wkrs)San Francisco, CA 04/13/06 04/12/06 59204 Ronfeldt Associates, Inc.
(Comp)Toledo, OH 04/13/06 04/10/06 59205 Alliance Data
(Wkrs)Reno, OH 04/13/06 04/10/06 59206 Elmore-Pisgah, Inc.
(Comp)Spindale, NC 04/13/06 04/12/06 59207 Bernhardt Furniture Company
(Comp)Shelby, NC 04/13/06 04/12/06 59208 TRW Engineered Fasteners and Components
(Wkrs)Westminster, MA 04/13/06 04/12/06 59209 SLM Electronics (State) Yellville, AR 04/13/06 04/12/06 59210 Sony Logistics of America-Pittsburgh
(Wkrs)Mt. Pleasant, PA 04/13/06 04/12/06 59211 Franklin Farms, Inc. (State) North Franklin, CT 04/13/06 04/12/06 59212 Vanguard Furniture Co., Inc.
(Wkrs)Hickory, NC 04/13/06 04/12/06 59213 Hexcel Corp.
(Comp)Washington, GA 04/13/06 04/04/06 59214 Roxford Fozdell (Nettexx)
(Comp)Greenville, SC 04/14/06 03/28/06 59215 Convergus Corporation
(Comp)Tampa, FL 04/14/06 04/13/06 59216 Schindler Elevator Corp.
(Comp)Sidney, OH 04/14/06 04/13/06 59217 City Lights
(Wkrs)San Francisco, CA 04/14/06 04/13/06 59218 General Motors Truck Group (Union) Moraine, OH 04/14/06 03/13/06 59219 Action Staffing (State) Greenfield, SC 04/14/06 04/14/06 [FR Doc. E6-6405 Filed 4-27-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,031] Fraser NH LLC, Berlin, NH and Fraser NH LLC, Gorham, NH; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on March 29, 2006, applicable to workers of Fraser Paper LLC, Berlin, New Hampshire. The notice will be published soon in the **Federal Register** . Workers at the Berlin, New Hampshire location produce paper pulp that is used by the workers at the Gorham, New Hampshire location to produce fine paper and towel paper. New information provided by the company shows that workers are sent back and forth between the Berlin, New Hampshire facility and the Gorham, New Hampshire facility; therefore, workers are not separately identifiable by product line or by location. The two facilities essentially worked as one unit via a two mile pipeline connecting the facilities. Worker separations have occurred at both the Berlin, New Hampshire and Gorham, New Hampshire facilities of Fraser NH LLC. Accordingly, the Department is amending the certification to also cover workers of the Gorham, New Hampshire location of Fraser NH LLC and to correct the name of the subject firm from Fraser Paper, L.L.C. to read Fraser NH LLC. The intent of the Department's certification is to include all workers of Fraser NH LLC who were adversely affected by increased company imports. The amended notice applicable to TA-W-59,031 is hereby issued as follows: All workers of Fraser NH LLC, Berlin, New Hampshire and Fraser NH LLC, Gorham, New Hampshire, who became totally or partially separated from employment on or after March 14, 2005, through March 29, 2008, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974 and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 14th day of April 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6408 Filed 4-27-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,867] Hayes Lemmerz International; Huntington, IN; Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for worker adjustment assistance. In order to make an affirmative determination and issue a certification of eligibility to apply for Trade Adjustment Assistance, the group eligibility requirements in either paragraph (a)(2)(A) or (a)(2)(B) of section 222 of the Trade Act must be met. It is determined in this case that the requirements of (a)(2)(A) of section 222 have been met. The investigation was initiated on February 21, 2006 in response to a petition filed by a company official on behalf of workers of Hayes Lemmerz International, Huntington, Indiana. The workers produce cast aluminum wheels for the automotive industry. The investigation revealed that employment, sales, and production at the subject firm declined from 2004 through 2005. The United States Department of Labor surveyed the subject firm's major declining customer(s) regarding purchases of cast aluminum wheels in 2004 and 2005. The survey revealed that customer(s) increased import purchases while reducing purchases from the subject firm. In accordance with section 246 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 group eligibility requirements of section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the facts obtained in the investigation, I determine that increased imports of cast aluminum wheels, like or directly competitive with those produced by Hayes Lemmerz International, Huntington, Indiana, contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification: “All workers of Hayes Lemmerz International, Huntington, Indiana, who became totally or partially separated from employment on or after February 17, 2005, through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed in Washington, DC, this 16th day of March 2006. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6407 Filed 4-27-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-58,236] Natick Paperboard Corporation, Paperboard Mill Division; Natick, MA; Notice of Revised Determination on Reconsideration By application of April 1, 2006 United Steelworkers of America, Local 516, requested administrative reconsideration of the Department's negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance
(TAA)and Alternative Trade Adjustment Assistance (ATAA). The initial investigation resulted in a negative determination signed on February 9, 2006 was based on the finding that imports of recycled paperboard for the book, binding and game industries did not contribute importantly to worker separations at the subject plant and no shift of production to a foreign source occurred. The denial notice was published in the **Federal Register** on March 2, 2006 (71 FR 10716). In the request for reconsideration, the petitioner provided additional information regarding the subject firm's customers and requested an investigation relating to secondary impact concerning the subject firm as an upstream supplier to the book, binding and game industries. A review of the new facts determined that the workers of the subject firm may be eligible for TAA on the basis of a secondary upstream supplier impact. The Department conducted an investigation of subject firm workers on the basis of secondary impact, it was revealed that Natick Paperboard Corporation, Paperboard Mill Division, Natick, Massachusetts supplied paperboard that was used in the production of board games and paper based office supply products, and a loss of business with domestic manufacturers (whose workers were certified eligible to apply for adjustment assistance) contributed importantly to the workers separation or threat of separation. In accordance with section 246 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 group eligibility requirements of section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the facts obtained in the investigation, I determine that workers of Natick Paperboard Corporation, Paperboard Mill Division, Natick, Massachusetts engaged in production of recycled paperboard qualify as adversely affected secondary workers under section 222 of the Trade Act of 1974, as amended. In accordance with the provisions of the Act, I make the following certification: All workers of Natick Paperboard Corporation, Paperboard Mill Division, Natick, Massachusetts, who became totally or partially separated from employment on or after October 28, 2004, through two years from the date of this certification, are eligible to apply for adjustment assistance under section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under section 246 of the Trade Act of 1974. Signed at Washington, DC, this 19th day of April, 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6403 Filed 4-27-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-59,065] Paris Accessories, Inc.; Walnutport, PA; Certification 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. In order to make an affirmative determination and issue a certification of eligibility to apply for Trade Adjustment Assistance, the group eligibility requirements in either paragraph (a)(2)(A) or (a)(2)(B) of section 222 of the Trade Act must be met. It is determined in this case that the requirements of (a)(2)(B) of section 222 have been met. The investigation was initiated on March 21, 2006 in response to a petition filed by a union official on behalf of workers at Paris Accessories, Inc., Walnutport, Pennsylvania. The workers were engaged in the production of knit dickies, knit hats, ski band and ski masks. Employment at the subject plant has declined, and the subject firm has shifted the production of knit dickies, knit hats, ski band and ski masks to a country (Mexico) that is a party to a Free Trade Agreement and the Dominican Republic, a beneficiary country under the Caribbean Basin Economic Recovery Act with the United States. Paris Accessories, Inc., Walnutport, Pennsylvania workers were previously certified (TA-W-54,465) for trade adjustment assistance. That certification expires on April 21, 2006. In addition, in order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the facts obtained in the investigation, I conclude that there was a shift in production from the workers firm or subdivision to Mexico and Dominican Republic 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 at Paris Accessories, Inc., Walnutport, Pennsylvania, who became totally or partially separated from employment on or after April 22, 2006 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed in Washington, DC this 7th day of April, 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6409 Filed 4-27-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-57,810] Stone Apparel, a Subsidiary of Stone International, LLC; Industrias Orion S.A. DE C.V.; Columbia, SC; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on September 16, 2005, applicable to workers of Stone Apparel, a subsidiary of Stone International, LLC, Columbia, South Carolina. The notice was published in the **Federal Register** on October 31, 2005 (70 FR 62347). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers finished and distributed men's and boy's underwear. New information shows that in July 2005, Industrias Orion S.A. DE C.V. purchased the manufacturing operations of Stone Apparel, a subsidiary of Stone International, Columbia, South Carolina. Some workers separated from employment at the subject firm had their wages reported under the separate Unemployment Insurance
(UI)tax account for Industrias Orion S.A. DE C.V., Columbia, South Carolina. Accordingly, the Department is amending the certification to properly reflect this matter. The intent of the Department's certification is to include all workers of Stone Apparel, a subsidiary of Stone International, LLC who were adversely affected by a shift in production to El Salvador. The amended notice applicable to TA-W-57,810 is hereby issued as follows: “All workers of Stone Apparel, a subsidiary of Stone International, LLC, Industrias Orion S.A. DE C.V., Columbia, South Carolina, who became totally or partially separated from employment on or after August 19, 2004, through September 16, 2007, are eligible to apply for adjustment assistance under section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under section 246 of the Trade Act of 1974.” Signed at Washington, DC this 13th day of April 2006. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6-6402 Filed 4-27-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Workforce Investment Act of 1998 (WIA); Notice of Incentive Funding Availability for Program Year
(PY)2004 Performance AGENCY: Employment and Training Administration, Labor. ACTION: Notice. SUMMARY: The Department of Labor, in collaboration with the Department of Education, announces that 23 States are eligible to apply for Workforce Investment Act
(WIA)(Pub. L. 105-220, 29 U.S.C. 2801 et seq.) incentive awards under the WIA Regulations. DATES: The 23 eligible States must submit their applications for incentive funding to the Department of Labor by June 12, 2006. ADDRESSES: Submit applications to the Employment and Training Administration, Office of Performance and Technology, 200 Constitution Avenue, NW., Room S-5206, Washington, DC 20210, Attention: Karen A. Staha, 202-693-3031 (phone), 202-693-3490 (fax), e-mail: *staha.karen@dol.gov* . Please be advised that mail delivery in the Washington, DC area has been inconsistent because of concerns about anthrax contamination, and the resulting treatment of incoming mail. States are encouraged to submit applications via e-mail. FOR FURTHER INFORMATION CONTACT: The Office of Performance and Technology: Karen A. Staha (phone: 202-693-3031 or e-mail: *staha.karen@dol.gov* ) or Traci DiMartini (phone: 202-693-3698 or e-mail: *dimartini.traci@dol.gov* ). (This is not a toll-free number.) Information may also be found at the Web site: *http://www.doleta.gov/performance* . SUPPLEMENTARY INFORMATION: Twenty-three
(23)States (see Appendix) have qualified to receive a share of the $16.5 million available for incentive grant awards under WIA section 503. These funds, which were contributed by the Department of Education from appropriations for the Adult Education and Family Literacy Act and the Carl D. Perkins Vocational and Technical Education Act, are available for the eligible States to use through June 30, 2008, to support innovative workforce development and education activities that are authorized under title I (Workforce Investment Systems) or title II (the Adult Education and Family Literacy Act (AEFLA)) of WIA, or under the Perkins Act (Pub. L. 105-332, 20 U.S.C. 2301 et seq.). In order to qualify for a grant award, a state must have exceeded performance levels, agreed to by the Secretaries, Governor, and State Education Officer, for outcomes in WIA title I, adult education (AEFLA), and vocational education (Perkins Act) programs. The goals included placement after training, retention in employment, and improvement in literacy levels, among other measures. After review of the performance data submitted by States to the Department of Labor and to the Department of Education, each Department determined which States would qualify for incentives for its program(s). (The Appendix at the bottom of this notice details the eligibility of each state by program.) These lists of eligible States were compared, and States that qualified under all three programs are eligible to apply for and receive an incentive grant award. The amount that each state is eligible to receive was determined by the Department of Labor and the Department of Education and is based on WIA section 503(c) (20 U.S.C. 9273(c)), and is proportional to the total funding received by these States for the three Acts. The States eligible to apply for incentive grant awards, and the amounts they are eligible to receive, are listed below: State Amount of award 1. Arizona $709,618 2. Colorado 680,253 3. Connecticut 673,907 4. Delaware 646,569 5. Georgia 762,930 6. Illinois 941,250 7. Indiana 717,986 8. Iowa 665,157 9. Kentucky 716,581 10. Maryland 711,961 11. Massachusetts 712,003 12. Michigan 817,852 13. Minnesota 699,205 14. Nebraska 651,792 15. Nevada 661,574 16. North Dakota 644,150 17. Oklahoma 688,143 18. Oregon 714,422 19. Pennsylvania 853,980 20. South Carolina 709,298 21. Tennessee 740,699 22. West Virginia 685,054 23. Wisconsin 713,988 These eligible states must submit their applications for incentive funding to the Department of Labor by June 12, 2006. As set forth in the provisions of WIA section 503(b)(2) (20 U.S.C. 9273(b)(2)), 20 CFR 666.220(b) and Training and Employment Guidance Letter
(TEGL)No. 20-01, Change 4, Application Process for Workforce Investment Act
(WIA)Section 503 Incentive Grants, Program Year 2004 Performance, which is available at *http://www.doleta.gov/performance/* , the application must include assurances that: A. The legislature of the state was consulted with respect to the development of the application. B. The application was approved by the Governor, the eligible agency for adult education (as defined in section 203(4) of WIA (20 U.S.C. 9202(4))), and the state agency responsible for vocational and technical education programs (as defined in section 3(9) of Perkins Act (20 U.S.C. 2302(9)). C. The state and the eligible agency, as appropriate, exceeded the state adjusted levels of performance for WIA title I, the state adjusted levels of performance for the AEFLA, and the performance levels established for Perkins Act programs. In addition, states are requested to provide a description of the planned use of incentive grants as part of the application process, to ensure that the state's planned activities are innovative and are otherwise authorized under the WIA title I, the AEFLA, and/or the Perkins Act as amended, as required by WIA section 503(a). TEGL No. 20-01, Change 4 provides the specific application process that states must follow to apply for these funds. The applications may take the form of a letter from the Governor, or designee, to the Assistant Secretary of Labor, Emily Stover DeRocco, Attention: Karen A. Staha, 200 Constitution Avenue, NW., Room S-5206, Washington, DC 20210. In order to expedite the application process, states are encouraged to submit their applications electronically to Karen Staha at *staha.karen@dol.gov* . The incentive grants will be awarded by June 30, 2006. Signed at Washington, DC, this 21st day of April, 2006. Emily Stover DeRocco, Assistant Secretary for Employment and Training. Appendix [States with an asterisk exceeded performance levels for AEFLA, Perkins Act, and WIA Title 1B.] State PY 2004-05 exceeded state performance levels WIA (Title I) AEFLA (Adult Education) Perkins Act (Vocational Education) WIA Title I; AEFLA; Perkins Act Alabama X X Alaska X X Arizona* X X X X Arkansas X California X Colorado* X X X X Connecticut* X X X X District of Columbia X X Delaware* X X X X Florida X X Georgia* X X X X Hawaii X Idaho X X Illinois* X X X X Indiana* X X X X Iowa* X X X X Kansas X X Kentucky* X X X X Louisiana X X Maine X Maryland* X X X X Massachusetts* X X X X Michigan* X X X X Minnesota* X X X X Mississippi X Missouri X X Montana X X Nebraska* X X X X Nevada* X X X X New Hampshire X X New Jersey X New Mexico X New York X X North Carolina X North Dakota* X X X X Ohio X X Oklahoma* X X X X Oregon* X X X X Pennsylvania* X X X X Puerto Rico X Rhode Island X South Carolina* X X X X South Dakota X Tennessee* X X X X Texas X X Utah X Vermont X Virginia X X Washington X X West Virginia* X X X X Wisconsin* X X X X Wyoming X X States with an asterisk exceeded performance levels for AEFLA, Perkins Act, and WIA Title 1B. 1 [FR Doc. E6-6399 Filed 4-27-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Employment and Training Administration Workforce Investment Act; Native American Employment and Training Council AGENCY: Employment and Training Administration, Labor. ACTION: Notice of meeting. SUMMARY: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act
(FACA)(Pub. L. 92-463), as amended, and section 166(h)(4) of the Workforce Investment Act
(WIA)[29 U.S.C. 2911(h)(4)], notice is hereby given of the next meeting of the Native American Employment and Training Council as constituted under WIA. *Time and Date:* The meeting will begin at 2:45 p.m. Central Standard Time
(CST)on Wednesday, May 17, 2006, and continue until 5 p.m. that day. The meeting will reconvene at 1:15 p.m. CST on Thursday, May 18, 2006, and adjourn at approximately 5 p.m. on that day. The period from 2:30 p.m. to 4:30 p.m. on May 18 will be reserved for participation and presentation by members of the public. The meeting will reconvene at 9 a.m. CST on Friday, May 19, 2006, and will adjourn at 12 p.m. *Place:* All sessions will be held at the Crowne Plaza Hotel Tulsa, 100 East Second Street, Tulsa, Oklahoma 74103. *Status:* The meeting will be open to the public. Persons who need special accommodations should contact the Designated Federal Official (DFO), Ms. Athena Brown, at
(202)693-3737 by May 5, 2006. *Matters to be Considered:* The formal agenda will focus on the following topics:
(1)Introduction of New/Reappointments to Council;
(2)Strategic Planning for Economic Development;
(3)Workgroup Reports;
(4)White House Interagency Task Force and Building Workforce Capacity/Education Workgroups; and
(5)Training and Technical Assistance Regional Sessions. FOR FURTHER INFORMATION CONTACT: Ms. Athena Brown, DFO, Indian and Native American Programs, Employment and Training Administration, U.S. Department of Labor, Room C-4311, 200 Constitution Avenue, NW., Washington, DC 20210. *Telephone:*
(202)693-3737 (VOICE) (this is not a toll-free number) or 202-693-3841. Signed at Washington, DC, this 24th day of April, 2006. Thomas M. Dowd, Deputy Assistant Secretary, Employment and Training Administration. [FR Doc. E6-6398 Filed 4-27-06; 8:45 am] BILLING CODE 4510-30-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Information Security Oversight Office Public Interest Declassification Board (PIDB); Notice of Meeting Pursuant to section 1102 of the Intelligence Reform and Terrorism Prevention Act of 2004 which extended and modified the Public Interest Declassification Board
(PIDB)as established by the Public Interest Declassification Act of 2000 (Pub. L. 106-567, title VII, December 27, 2000, 114 Stat. 2856), announcement is made for the following committee meeting: *Name of Committee:* Public Interest Declassification Board (PIDB). *Date of Meeting:* Tuesday, May 9, 2006. *Time of Meeting:* 1 p.m. to 3 p.m. *Place of Meeting:* National Archives and Records Administration, 700 Pennsylvania Avenue, NW., Archivist's Reception Room (Room 105), Washington, DC 20408. *Purpose:* To discuss declassification program issues. This meeting will be open to the public. However, due to space limitations and access procedures, the name and telephone number of individuals planning to attend must be submitted to the Information Security Oversight Office
(ISOO)no later than Wednesday, May 3, 2006. ISOO will provide additional instructions for gaining access to the location of the meeting. *For Further Information Contact:* J. William Leonard, Director Information Security Oversight Office, National Archives Building, 700 Pennsylvania Avenue, NW., Washington, DC 20408, telephone number
(202)357-5250. Dated: April 19, 2006. J. William Leonard, Director, Information Security Oversight Office. [FR Doc. E6-6400 Filed 4-27-06; 8:45 am] BILLING CODE 7515-01-P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Council on the Humanities, 154th Meeting AGENCY: The National Endowment for the Humanities. ACTION: Notice of meeting. Pursuant to the provisions of the Federal Advisory Committee Act (Public L. 92-463, as amended) notice is hereby given that the National Council on the Humanities will meet in Washington, DC on May 11-12, 2006. The purpose of the meeting is to advise the Chairman of the National Endowment for the Humanities with respect to policies, programs, and procedures for carrying out his functions, and to review applications for financial support from and gifts offered to the Endowment and to make recommendations thereon to the Chairman. The meeting will be held at the Old Post Office Building, 1100 Pennsylvania Avenue, NW., Washington, DC. A portion of the morning and afternoon sessions on May 11-12, 2006, will not be open to the public pursuant to subsections (c)(4), (c)(6) and (c)(9)(B) of section 552b of title 5, United States Code because the Council will consider information that may disclose: Trade secrets and commercial or financial information obtained from a person and privileged or confidential; information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and information the premature disclosure of which would be likely to significantly frustrate implementation of proposed agency action. I have made this determination under the authority granted me by the Chairman's Delegation of Authority dated July 19, 1993. The agenda for the session on May 11, 2006 will be as follows: Committee Meetings [Open to the Public] Policy Discussion: 9-10:30 a.m. Challenge Grants Federal/State Partnership Preservation and Access Public Programs Research Programs Room M-07. Room 507. Room 415. Room 420. Room 315. [Closed to the Public] Discussion of specific grant applications and programs before the Council: 10:30 a.m. until Adjourned Challenge Grants Federal/State Partnership Preservation and Access Public Programs Research Programs Room M-07. Room 507. Room 415. Room 420. Room 315. 1-2:15 p.m. Jefferson Lecture Room 527. The agenda for the session on May 12, 2006 will be as follows: The morning session will convene at 9 a.m., in Room M-09, and will be open to the public, as set out below. A. Minutes of the Previous Meeting. B. Reports. 1. Introductory Remarks. 2. Staff Report. 3. Congressional Report. 4. Reports on Policy and General Matters. a. Challenge Grants. b. Federal/State Partnership. c. Preservation and Access. d. Public Programs. e. Research Programs. f. Jefferson Lecture. The remainder of the session on May 12, 2006 will be given to the consideration of specific applications and will be closed to the public for the reasons stated above. Further information about this meeting can be obtained from Ms. Heather Gottry, Acting Advisory Committee Management Officer, National Endowment for the Humanities, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, or by calling
(202)606-8322, TDD
(202)606-8282. Advance notice of any special needs or accommodations is appreciated. Heather Gottry, Acting Advisory Committee Management Officer. [FR Doc. E6-6433 Filed 4-27-06; 8:45 am] BILLING CODE 7536-01-P NATIONAL MEDIATION BOARD Notice of Proposed Information Collection Requests AGENCY: National Mediation Board. SUMMARY: The Director, Office of Administration, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments within 30 days from the date of this publication. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (U.S.C. chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The Chief Information Officer, Finance and Administration Department, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection contains the following:
(1)Type of review requested, *e.g.* new, revision extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Record keeping burden. OMB invites public comment. Currently, the National Mediation Board is soliciting comments concerning the new collection of information in the form of Request for Arbitration Panel for Airline System Boards of Adjustment, Request for Public Law Board Member, Arbitration Services-Pay Voucher for Personal Services, Arbitration Services-Official Travel/Referee Compensation Authorization, Neutral's Report of Activity Arbitration Services-Personal Data Sheet and is interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the agency;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the agency enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the agency minimize the burden of this collection on the respondents, including through the use of information technology. Dated: April 25, 2006. June D.W. King, Director, Office of Administration, National Mediation Board. A. Request for Arbitration Panel for Airline System Boards of Adjustment *Type of Review:* New Collection. *Title:* Request for Arbitration Panel for Airlines System Boards of Adjustment. *Frequency:* On occasion. *Affected Public:* Airline Carrier and Union Officials. *Reporting and Recordkeeping Hour Burden:* *Responses:* Estimate about 80 annually. *Burden Hours:* 20. *Abstract:* Section 183 of the Railway Labor Act, 45 U.S.C., 183, provides that the parties to the labor-management disputes in the airline industry must have a procedure for the resolution of disputes involving the interpretation or application of provisions of the collective bargaining agreement. The Railway Labor Act mentions system board of adjustment or arbitration boards as the mechanism for resolution and is silent as to how the neutral arbitrator is to be selected if the parties are unable to agree on an individual. The National Mediation Board provides panels of arbitrators to help the parties in their selection of an arbitrator. This form is necessary to assist the parties in this process. The parties invoke the process through the submission of this form. The brief information is necessary for the NMB to perform this important function. B. Request for Public Law Board Member *Type of Review:* New Collection. *Title:* Request for Public Law Board Member. *Frequency:* On occasion. *Affected Public:* Carrier and Union Officials of railroads. *Reporting and Recordkeeping Hour Burden:* *Responses:* Estimate 15 annually. *Burden Hours:* 3.75. *Abstract:* Section 153, Second, of the Railway Labor Act, 45 U.S.C. 153, Second, governs procedures to be followed by carriers and representatives of employees in the establishment and functioning of special adjustment boards. These special adjustment boards are referred to as public law boards (board). The statute provides that within thirty
(30)days from the date a written request is made by an employee representative or carrier official for the establishment of a board, an agreement establishing such board shall be made. If, however, one party fails to designate a member of the board, the party making the request may ask the NMB to designate a member on behalf of the other party. The NMB must designate the representative who, together with the other party constitutes the public board. It will be the task of these two individuals to decide on the terms of the agreement. If these individuals are unable to decide upon the terms, the Railway Labor Act provides that one of these parties may request that the NMB designate a neutral to resolve the remaining matters which are procedural issues. Pursuant to 29 CFR 1207.2, requests for the NMB to appoint either representatives or neutrals must be made on printed forms which may be secured from the NMB. This form is necessary for the NMB to fulfill its statutory responsibilities. Without this information, the NMB would not be able to assist the railroad labor and management representatives in resolving disputes, which is contrary to the intent of the Railway Labor Act. C. Arbitration Services—Official Travel/Referee Compensation Authorization *Type of Review:* New Collection. *Title:* Arbitration Services—Official Travel/Referee Compensation Authorization. *Frequency:* On occasion. *Affected Public:* Arbitrators. *Reporting and Recordkeeping Hour Burden:* *Responses:* Approximately 624 annually. *Burden Hours:* 156. *Abstract:* Section 153, First and Second of the Railway Labor Act, 45 U.S.C. 153, First and Second, provide that the NMB shall compensate arbitrators who resolve the resolves under these sections of the Act. The arbitrator must submit a written request, in advance, for authorization to be compensated for work to be performed. The arbitrator must obtain authorization before performing work. This form is the request and is necessary for the NMB to fulfill its financial responsibilities. D. Arbitration Services—Pay Voucher for Personal Services *Type of Review:* New Collection. *Title:* Arbitration Services—Pay Voucher for Personal Services. *Frequency:* On occasion. *Affected Public:* Arbitrators. *Reporting and Recordkeeping Hour Burden:* *Responses:* Approximately 624 annually. *Burden Hours:* 156. *Abstract:* Section 153, First and Second of the Railway Labor Act, 45 U.S.C. 153, First and Second, provide that the NMB shall compensate arbitrators who resolve the resolves under these sections of the Act. After the work is performed, the arbitrator must submit a written request for compensation. This form is the vehicle used to request compensation and is necessary for the NMB to fulfill its financial responsibilities. E. Neutral's Report of Activity *Type of Review:* New Collection. *Title:* Neutral's Report of Activity. *Frequency:* On occasion. *Affected Public:* Arbitrators. *Reporting and Recordkeeping Hour Burden:* *Responses:* Approximately 624 annually. *Burden Hours:* 156. *Abstract:* Section 153, First and Second of the Railway Labor Act, 45 U.S.C. 153, First and Second, provide that the parties may use an arbitrator to resolve their disputes concerning the application or interpretation of the provisions of a collective bargaining agreement. The NMB must record the decisions rendered by the arbitrators selected by the parties and compensated by the NMB. This form is used to gather that information. This brief information is necessary for the NMB to fulfill its responsibilities under the Railway Labor Act. F. Arbitration Services—Personal Data Sheet *Type of Review:* New Collection. *Title:* Arbitration Services—Personal Data Sheet. *Frequency:* On occasion. *Affected Public:* Arbitrators. *Reporting and Recordkeeping Hour Burden:* *Responses:* 25 annually. *Burden Hours:* 25. *Abstract:* Sections 183 and 153 of the Railway Labor Act, 45 U.S.C., 153 and 183, provide for the use of arbitrators in the resolution of disputes concerning the application or interpretation of provisions of a collective bargaining agreement in the airline and railroad industries. The NMB maintains a roster of arbitrators for this purpose. The NMB must have a means for interested individuals to apply for inclusion on this roster. This form is the application for inclusion on the NMB roster. The brief information that the NMB solicits is necessary to perform this responsibility under the Railway Labor Act. Requests for copies of the proposed information collection request may be accessed from http://www.nmb.gov or should be addressed to Roland Watkins, Director of Arbitration Services NMB, 1301 K Street NW., Suite 250 E, Washington, DC 20005 or addressed to the e-mail address arb@nmb.gov or faxed to 202-692-5086. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be directed to June D. W. King at 202-692-5010 or via Internet address *king@nmb.gov.* Individuals who use a telecommunications device for the deaf (TDD/TDY) may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E6-6425 Filed 4-27-06; 8:45 am] BILLING CODE 7550-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-280 and 50-281] Virginia Electric and Power Company; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of amendments to Facility Operating License Nos. DPR-32 and DPR-37 issued to Virginia Electric and Power Company (the licensee) for operation of the Surry Power Station, Unit Nos. 1 and 2, located in Surry County, Virginia. The proposed amendments would reinstate previous reactor coolant system
(RCS)pressure and temperature (P/T) limits, low temperature overpressure protection system (LTOPS) setpoint, and LTOPS enable temperature basis. Before issuance of the proposed license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations. The Commission has made a proposed determination that the requested amendments involve no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal Regulations (10 CFR), section 50.92, this means that operation of the facility in accordance with the proposed amendments would not
(1)involve a significant increase in the probability or consequences of an accident previously evaluated; or
(2)create the possibility of a new or different kind of accident from any accident previously evaluated; or
(3)involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the change involve a significant increase in the probability or consequences of an accident previously evaluated? The proposed change does not impact the condition or performance of any plant structure, system or component. The proposed change does not affect the initiators of any previously analyzed event or the assumed mitigation of accident or transient events since the plant will be operated in the same manner and within the same operating limits that are currently in place. The proposed change merely restores the RCS P/T limit curves and LTOPS setpoint that were approved by the NRC prior to the issue of License Amendments 245/244, and which are currently in effect. As a result, the proposed change to the Surry TS [Technical Specifications] does not involve any increase in the probability or the consequences of any accident or malfunction of equipment important to safety previously evaluated since neither accident probabilities nor consequences are being affected by this proposed change. 2. Does the change create the possibility of a new or different kind of accident from any accident previously evaluated? The proposed change does not involve any changes in station operation or physical modifications to the plant. In addition, no changes are being made in the methods used to respond to plant transients that have been previously analyzed. No changes are being made to plant parameters within which the plant is normally operated or in the setpoints, which initiate protective or mitigative actions, since the plant will be operated in the same manner and within the same operating limits that are currently in place. Since plant operation will not be affected by this change, no new failure modes are being introduced. Therefore, the proposed change to the Surry TS does not create the possibility of a new or different kind of accident or malfunction of equipment important to safety from any previously evaluated. 3. Does the change involve a significant reduction in the margin of safety? The return to the previously approved RCS P/T operating limit curves and LTOPS setpoint does not involve a significant reduction in the margin of safety. The proposed change does not impact station operation or any plant structure, system or component that is relied upon for accident mitigation. Furthermore, the margin of safety assumed in the plant safety analysis is not affected in any way by the proposed change since the plant will be operated in the same manner and within the same operating limits and setpoints that are currently in place. Therefore, the proposed change to the Surry [TSs] does not involve any reduction in a margin of safety. The NRC staff has reviewed the licensee's analysis and, based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the requested amendments involve no significant hazards consideration. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendments until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendments before expiration of the 60-day period provided that its final determination is that the amendments involve no significant hazards consideration. In addition, the Commission may issue the amendments prior to the expiration of the 30-day comment period should circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. Should the Commission take action prior to the expiration of either the comment period or the notice period, it will publish in the **Federal Register** a notice of issuance. Should the Commission make a final No Significant Hazards Consideration Determination, any hearing will take place after issuance. The Commission expects that the need to take this action will occur very infrequently. Written comments may be submitted by mail to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this **Federal Register** notice. Written comments may also be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. The filing of requests for hearing and petitions for leave to intervene is discussed below. Within 60 days after the date of publication of this notice, the licensee may file a request for a hearing with respect to issuance of the amendments to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's “Rules of Practice for Domestic Licensing Proceedings” in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/doc-collections/cfr/.* If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements:
(1)The name, address, and telephone number of the requestor or petitioner;
(2)the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding;
(3)the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and
(4)the possible effect of any decision or order which may be entered in the proceeding on the requestors/petitioner's interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner/requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the requested amendments involve no significant hazards consideration, the Commission may issue the amendments and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendments. If the final determination is that the requested amendments involve a significant hazards consideration, any hearing held would take place before the issuance of these amendments. Nontimely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). A request for a hearing or a petition for leave to intervene must be filed by:
(1)First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff;
(2)courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff;
(3)E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, *HEARINGDOCKET@NRC.GOV;* or
(4)facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemaking and Adjudications Staff at
(301)415-1101, verification number is
(301)415-1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov.* A copy of the request for hearing and petition for leave to intervene should also be sent to Ms. Lillian M. Cuoco, Dominion Resources Services, Inc., Building 475, 5th Floor, Rope Ferry Road, Waterford, Connecticut 06385, attorney for the licensee. For further details with respect to this action, see the application for amendments dated April 20, 2006, which is available for public inspection at the Commission's PDR, located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System's (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 21st day of April 2006. For the Nuclear Regulatory Commission. Stephen Monarque, Project Manager, Plant Licensing Branch II-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-6427 Filed 4-27-06; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Rectifications, Technical Corrections, and Conforming Changes to the Harmonized Tariff Schedule of the United States AGENCY: Office of the United States Trade Representative. ACTION: Rectifications, technical corrections, and conforming changes to the Harmonized Tariff Schedule of the United States. SUMMARY: The United States Trade Representative
(USTR)is making rectifications, technical corrections, and conforming changes to the Harmonized Tariff Schedule of the United States
(HTS)as set forth in the annex to this notice, pursuant to authority delegated to the USTR in Presidential Proclamation 6969 of January 27, 1997 (62 FR 4415). These modifications correct several inadvertent errors and omissions in various Presidential Proclamations and make conforming changes to the HTS, as set forth herein, so that the intended tariff treatment is provided. ADDRESSES: Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508. DATES: *Effective Date:* As set forth in the Annex to this notice. FOR FURTHER INFORMATION CONTACT: Elissa M. Alben, Assistant General Counsel,
(202)395-9622. SUPPLEMENTARY INFORMATION: Pursuant to various statutes implementing trade agreements and to section 604 of the Trade At of 1974, as amended (19 U.S.C. 2483), the President issued proclamations in order to reflect in the HTS the substance of those agreements and actions taken pursuant to such statutes. This notice corrects several inadvertent errors and omissions in the following Presidential Proclamations and makes conforming changes to the HTS, so that the intended tariff treatment is provided:
(1)Presidential Proclamation 7616 of October 31, 2002, implementing the preferential tariff treatment authorized by the Andean Trade Promotion and Drug Eradication Act (the “ATPDEA”);
(2)Presidential Proclamation No. 7747 of December 30, 2003 (68 FR 75793) implementing the United States-Singapore Free Trade Agreement;
(3)Presidential Proclamation No. 7857 of December 20, 2004 (69 FR 77133) implementing the United States-Australia Free Trade Agreement;
(4)Presidential Proclamation No. 7987 of February 28, 2006, implementing the Dominican Republic-Central America-United States Free Trade Agreement with respect to El Salvador;
(5)Presidential Proclamation No. 7995 of March 31, 2006 (71 FR 16967) implementing the Agreement on Multi-Chip Integrated Circuits; and
(6)Presidential Proclamation No. 7996 of March 31, 2006, implementing the Dominican Republic-Central America-United States Free Trade Agreement with respect to Honduras and Nicaragua. Proclamation 6969 authorized the USTR to exercise the authority provided to the President under section 604 of the Trade Act of 1974 (19 U.S.C. 2483) to embody rectifications, technical or conforming changes, and similar modifications in the HTS. Under the authority vested in the USTR by Proclamation 6969, the rectifications, technical and conforming changes, and similar modifications set forth in the annex to this notice shall be embodied in the HTS with respect to goods entered, or withdrawn from warehouse for consumption, on or after the dates specified for the respective actions set forth in such annex. Rob Portman, United States Trade Representative. Annex Effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after the dates specified below, the Harmonized Tariff Schedule of the United States is modified as provided herein. The subheadings and superior text of new tariff provisions are set forth in columnar format, and material in such columns is inserted in the columns of the HTS designated “Heading/Subheading”, “Article Description”, “Rates of Duty 1 General”, and “Rates of Duty 2”, respectively. 1. Effective with respect to goods of Singapore, under the terms of general note 25 to the tariff schedule, that are entered, or withdrawn from warehouse for consumption:
(A)Effective for such goods on or after January 1, 2004, general note 25(n) is modified by redesignating tariff classification rule
(TCR)72 to chapter 62 as TCR 74, by striking TCR 71, and by inserting in numerical sequence the following new TCRs: “71. A change to subheadings 6211.31 through 6211.49 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5311, chapter 54 or headings 5508 through 5516, 5801 through 5802 or 6001 through 5005, provided that the good is both cut and sewn or otherwise assembled in the territory of Singapore or of the United States, or both. 72. A change to subheading 6212.10 from any other chapter, except from headings 5208 through 5212, 5407 through 5408, 5512 through 5516, 5803 through 5804, 5806 or 6001 through 6006, provided that the good is both cut and sewn or otherwise assembled in the territory of Singapore or of the United States, or both. 73. A change to subheadings 6212.20 through 6212.90 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5311, chapter 54 or headings 5508 through 5516, 5801 through 5802 or 6001 through 5005, provided that the good is both cut and sewn or otherwise assembled in the territory of Singapore or of the United States, or both.”;
(B)Effective for such goods on or after January 1, 2004, TCR 37 to chapter 85 in general note 25(n) is modified by deleting at each instance “or 8518.50” and by inserting in lieu thereof “through 8518.50”; and
(C)Effective for such goods on or after January 1, 2006, and before the close of December 31, 2006, the special rate of duty of “11.36” followed by the symbol “SG” in parentheses is deleted and the duty rate “11.3%” is inserted in lieu thereof. 2. Effective with respect to goods of Australia, under the terms of general note 28 to the tariff schedule, that are entered, or withdrawn from warehouse for consumption, on or after January 1, 2005:
(A)General note 28(c)(ii) is modified by inserting in alphabetical sequence the following new subdivision: “(E) For the purposes of this note, the term “ *adjusted value* ” means the value determined under Articles 1 through 8, Article 15 and the corresponding interpretative notes of the Customs Valuation Agreement, as adjusted to exclude any costs, charges or expenses incurred for transportation, insurance and related services incidental to the international shipment of the good from the country of exportation to the place of importation.”
(B)General note 28(h)(ii)(A) is modified by striking “and';
(C)General note 28(n) is modified by inserting in TCR 16(B) to chapter 61 the expression “a garment described in heading 6102,” immediately after “with respect to';
(D)General note 28(n) is modified by inserting in TCR 39 to chapter 61 the number “54” immediately after “5311, chapter''; and
(E)U.S. note 3 to subchapter XIII of chapter 99 is modified by striking the expression “but no later than 2008” and by inserting in lieu thereof “but no later than 2007''. 3. Effective with respect to
(1)goods of El Salvador, under the terms of general note 29 to the tariff schedule, that are entered, or withdrawn from warehouse for consumption, on or after March 1, 2006, and
(2)goods of Honduras or of Nicaragua, under the terms of such general note 29, that are entered, or withdrawn from warehouse for consumption, on or after April 1, 2006:
(A)Subheadings 2207.10.60 and 2207.20.00 are each modified by inserting in alphabetical sequence in the parenthetical expression after the duty rate of “Free” in the Rates of Duty 1-Special subcolumn the symbol “P,''; and
(B)General note 29(n) is modified by striking, in TCR 32 for chapter 62, the number “6208.91.00” and by inserting in lieu thereof “6208.91.30''. 4. Effective with respect to goods that are entered, or withdrawn from warehouse for consumption, on or after April 1, 2006, chapter 85 of the HTS is modified as follows:
(A)The following new additional U.S. note 14 to chapter 85 is inserted in numerical sequence: “14. For the purposes of subheading 8543.89.93, the term “multichip integrated circuits” refers to multichip integrated circuits consisting of two or more interconnected monolithic integrated circuits combined to all intents and purposes indivisibly, whether or not on one or more insulating substrates, with or without lead frames, but with no other active or passive circuit elements.”;
(B)Subheading 8543.89.96 is renumbered as 8543.89.97 and the following new subheading is inserted in numerical sequence: [8543 Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof:] [Other machines and apparatus:] [8543.89 Other:] [Other:] [Other:] “8543.89.93 Multichip integrated circuits described in additional U.S. note 14 to chapter 85 Free 35%” ; and
(C)Effective on the later of January 1, 2007, or the effective date after January 1, 2007 of a proclamation that reflects modifications of heading 8543 of the Harmonized Commodity Description and Coding System in the tariff schedule, additional U.S. note 14 to chapter 85 and subheading 8543.89.93 are deleted. 5. Effective with respect to goods of designated beneficiary countries under the Andean Trade Promotion and Drug Eradication Act enumerated in U.S. note 1 to subchapter XXI of chapter 98 of the tariff schedule that are entered, or withdrawn from warehouse for consumption, on or after October 31, 2002, U.S. note 4(d) to such subchapter is modified by striking the expressions “entered free of duty as” and “Israel under the terms of general note 8 to the tariff schedule or as a good of Canada or a good of Mexico under the terms of general note 12 to the tariff schedule”, and by inserting in after “product of” the expression “Israel, Canada or Mexico”. 6. Effective with respect to goods of Nicaragua under the terms of general note 29 to the tariff schedule that are entered, or withdrawn from warehouse for consumption, on or after April 1, 2006, U.S. note 15(a) to chapter 99 is modified by inserting a comma after the expression “originating goods”. [FR Doc. 06-4034 Filed 4-25-06; 3:18 pm]
Connectionstraces to 22
Traces to 22 documents
17 references not yet in our index
  • 43 USC 1331-1356
  • 30 CFR 256
  • 30 CFR 256.41
  • 29 CFR 2570
  • 29 CFR 2550.408
  • 26 USC 2813
  • Pub. L. 105-220
  • Pub. L. 105-332
  • 20 USC 9273(c)
  • 20 USC 9273(b)(2)
  • 20 CFR 666.220(b)
  • 20 USC 9202(4)
  • Pub. L. 92-463
  • 29 USC 2911(h)(4)
  • Pub. L. 106-567
  • 114 Stat. 2856
  • 10 CFR 2
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Cite43 USC 1331-1356
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