30936 Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices 

1The Department has considered exemption 

applications received prior to December 27, 2011 

under the exemption procedures set forth in 29 CFR 

part 2570, subpart B (55 FR 32836, 32847, August 

10, 1990). 

request and payment to: Consent Decree 

Library, U.S. DOJ—ENRD, P.O. Box 

7611, Washington, DC 20044–7611. 

Please enclose a check or money order 

for $4.00 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2013–12270 Filed 5–22–13; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Exemption From Certain Prohibited 

Transaction Restrictions 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Grant of Individual Exemption. 

SUMMARY: This document contains an 

exemption issued by the Department of 

Labor (the Department) from certain of 

the prohibited transaction restrictions of 

the Employee Retirement Income 

Security Act of 1974 (ERISA or the Act) 

and/or the Internal Revenue Code of 

1986 (the Code). This notice includes 

the following: 2013–07, The Mo-Kan 

Teamsters Apprenticeship and Training 

Fund (the Fund) L–11720. 

SUPPLEMENTARY INFORMATION: A notice 

was published in the Federal Register of 

the pendency before the Department of 

a proposal to grant such exemption. The 

notice set forth a summary of facts and 

representations contained in the 

application for exemption and referred 

interested persons to the application for 

a complete statement of the facts and 

representations. The application has 

been available for public inspection at 

the Department in Washington, DC. The 

notice also invited interested persons to 

submit comments on the requested 

exemption to the Department. In 

addition, the notice stated that any 

interested person might submit a 

written request that a public hearing be 

held (where appropriate). The applicant 

has represented that it has complied 

with the requirements of the notification 

to interested persons. No requests for a 

hearing were received by the 

Department. Public comments were 

received by the Department as described 

in the granted exemption. 

The notice of proposed exemption 

was issued and the exemption is being 

granted solely by the Department 

because, effective December 31, 1978, 

section 102 of Reorganization Plan No. 

4 of 1978, 5 U.S.C. App. 1 (1996), 

transferred the authority of the Secretary 

of the Treasury to issue exemptions of 

the type proposed to the Secretary of 

Labor. 

Statutory Findings 

In accordance with section 408(a) of 

the Act and/or section 4975(c)(2) of the 

Code and the procedures set forth in 29 

CFR Part 2570, Subpart B (76 FR 66637, 

66644, October 27, 2011) 1 and based 

upon the entire record, the Department 

makes the following findings: 

(a) The exemption is administratively 

feasible; 

(b) The exemption is in the interests 

of the plan and its participants and 

beneficiaries; and 

(c) The exemption is protective of the 

rights of the participants and 

beneficiaries of the plan. 

The Mo-Kan Teamsters Apprenticeship 

and Training Fund (the Fund) Located 

in Kansas City, Missouri 

[Prohibited Transaction Exemption 2013–07; 

Exemption Application No. L–11720] 

Exemption 

The restrictions of sections 

406(a)(1)(A) and (D) of the Act shall not 

apply to the purchase (the Purchase) by 

the Fund of certain real property located 

in Kansas City, Missouri (the Property) 

from Jim Kidwell Construction, a party 

in interest with respect to the Fund; 

provided that the following conditions 

are satisfied: 

(a) The terms and conditions of the 

Purchase are at least as favorable to the 

Fund as those obtainable in an arm’s 

length transaction with an unrelated 

party; 

(b) The Purchase is a one-time 

transaction for cash; 

(c) The Fund pays the lesser of 

$1,500,000 or the fair market value of 

the Property, as of the date of the 

Purchase, as determined by a qualified, 

independent appraiser (the Appraiser); 

(d) The Fund’s fiduciaries (the 

Trustees) review and approve the 

methodology used by the Appraiser, 

ensure that such methodology is 

properly applied in determining the fair 

market value of the Property, and 

determine whether it is prudent to go 

forward with the transaction; and 

(e) The Fund pays only reasonable 

closing costs with respect to the 

Purchase that a similarly situated buyer 

would customarily pay in a similar 

transaction. 

Written Comments 

The Department invited all interested 

persons to submit written comments 

with respect to the notice of proposed 

exemption on or before February 10, 

2013. During this comment period, the 

Department received one written 

comment. To ensure that all participants 

had been given the opportunity to 

comment, the Department decided to 

extend the comment period until March 

21, 2013. During the second comment 

period, the Department received three 

written comments from Fund 

participants. 

Of the four comments received by the 

Department, one commenter 

disapproved of the proposed transaction 

because he thought it might affect his 

benefits. The three comments that were 

substantive were, in part, concerned 

with the value of the Property. The 

participants’ comments, as well as the 

responses to these comments by the 

Appraiser and the Trustees, are 

described below. 

Comments Regarding Property 

Overvaluation and Purchase Not 

Negotiated in Good Faith 

In three comment letters, the 

participants noted that the Property’s 

value was overstated. One commenter 

attached an online document (the 

Document) that placed the fair market 

value of the Property at $300,000.00, as 

of January 17, 2013. The commenter 

further stated that the Purchase was not 

negotiated in good faith. 

The Appraiser’s Response 

The Appraiser reviewed the 

comments relating to the value of the 

Property and the Document. The 

Appraiser states that he disagrees with 

the participants’ assertion that the 

Property is overvalued. The Appraiser 

also explains that the Document only 

depicts the value of a single parcel of 

land rather than the twelve parcels 

comprising the Property. 

In addition, the Appraiser notes that 

the Document was obtained from the 

Jackson County, Missouri Web site, 

containing the tax assessment 

information. According to the 

Appraiser, this information has no 

relevance for the purposes of assessing 

market value and is not a source of 

information that the Appraiser relied on 

or should rely on. 

Comment Regarding Union Voting and 

Fund Assets Invested in the Property 

Another participant inquired about 

the lack of information offered to the 

union membership and why the 

transaction was not subject to a union 

vote. The participant also questioned 


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Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices 30937 

the knowledge and experience of the 

Fund with managing a mine that is 

located on the Property. Further, the 

participant questioned whether it is 

prudent to spend 83% of the Fund’s 

cash on the Purchase. 

Trustees’ Response 

In response to the participant’s 

comments, the Trustees note that the 

decision to purchase the Property was a 

financial decision made by the Trustees 

for the benefit of the participants and 

beneficiaries of the Fund. The Trustees 

state further that all of the Trustees are 

familiar with the matters regarding the 

Purchase. According to the Trustees, the 

decision to purchase the Property by the 

Fund is not a union matter or a decision 

that the union or its members were 

required or permitted to make. 

With respect to the knowledge and 

experience of the Fund to manage the 

mine, the Trustees state that there is no 

requirement that the Fund manage the 

mine or conduct mining activities on 

the Property. The Trustees point out 

that the Property will be used for the 

purpose of truck driving, heavy 

equipment training, and equipment 

storage underneath the surface where 

the mine is located. The Trustees 

explain that they expect to oversee and 

employ proper personnel to handle 

issues of maintenance when necessary. 

In response to the participant’s 

comment regarding the high percentage 

of the Fund’s assets involved in this 

Purchase, the Trustees represent that the 

decision to purchase the Property was 

made with due diligence as established 

and required by the regulations under 

the Act. The Trustees represent further 

that based on this due diligence, they 

have determined that purchasing the 

Property is in the Fund’s best interest. 

The Trustees note that the Fund will be 

able to make any changes or additions 

to meet future training requirements of 

the Training Fund and its 

apprenticeship program without the 

consent or outside interference from 

other parties. In addition, the Fund will 

acquire an equity interest in the 

Property which will, in return, have a 

future value as a plan asset, and the 

Purchase is a transaction that is 

customary for similarly situated 

employee benefit plans. 

After giving full consideration to the 

entire record, including the written 

comments, the Department has decided 

to grant the exemption, as described 

above. The complete application is 

made available for inspection in the 

Public Disclosure Room of the 

Employee Benefits Security 

Administration, Room N–1513, U.S. 

Department of Labor, 200 Constitution 

Ave. NW., Washington, DC 20210. 

For a complete statement of the facts 

and representations supporting the 

Department’s decision to grant this 

exemption, refer to the proposed 

exemption published in the Federal 

Register on December 28, 2012 at 77 FR 

76776. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Asrar Ahmed of the Department, 

telephone (202) 693–8557. (This is not 

a toll-free number.) 

General Information 

The attention of interested persons is 

directed to the following: 

(1) The fact that a transaction is the 

subject of an exemption under section 

408(a) of the Act and/or section 

4975(c)(2) of the Code does not relieve 

a fiduciary or other party in interest or 

disqualified person from certain other 

provisions to which the 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) This exemption is supplemental to 

and not in derogation of, any other 

provisions of the Act and/or the Code, 

including statutory or administrative 

exemptions and transactional rules. 

Furthermore, the fact that a transaction 

is subject to an administrative or 

statutory exemption is not dispositive of 

whether the transaction is in fact a 

prohibited transaction; and 

(3) The availability of this exemption 

is subject to the express condition that 

the material facts and representations 

contained in the application accurately 

describes all material terms of the 

transaction which is the subject of the 

exemption. 

Lyssa E. Hall, 

Director of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. 2013–12236 Filed 5–22–13; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2013–0015] 

National Advisory Committee on 

Occupational Safety and Health 

(NACOSH) 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Announcement of a meeting of 

NACOSH. 

SUMMARY: NACOSH will meet June 11, 

2013 in Washington, DC. 

DATES: NACOSH meeting: NACOSH will 

meet from 1 p.m. to 5 p.m. e.t., Tuesday, 

June 11, 2013. 

Comments, requests to speak, speaker 

presentations, and requests for special 

accommodation: You must submit 

(postmark, send, transmit) comments, 

requests to address NACOSH, speaker 

presentations (written or electronic), 

and requests for special 

accommodations for the NACOSH 

meeting by June 4, 2013. 

ADDRESSES: NACOSH meeting: The 

NACOSH meeting will be in Room C– 

5320–6, U.S. Department of Labor, 200 

Constitution Avenue NW., Washington, 

DC 20210. 

Submission of comments, requests to 

speak, and speaker presentations: You 

may submit comments, requests to 

speak at the NACOSH meeting and 

speaker presentations, using one of the 

following methods: 

Electronically: You may submit 

materials, including attachments, 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions on that Web page for 

making submissions; 

Facsimile: If your submission, 

including attachments, does not exceed 

10 pages, you may fax it to the OSHA 

Docket Office at (202) 693–1648; or 

Regular mail, express mail, hand 

delivery, or messenger/courier service: 

You may submit your materials to the 

OSHA Docket Office, Docket No. 

OSHA–2013–0015, Room N–2625, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210; 

telephone (202) 693–2350 (OSHA TTY 

(887) 889–5627). OSHA’s Docket Office 

accepts deliveries (hand deliveries, 

express mail, and messenger service) 

during normal business hours, 8:15 a.m. 

to 4:45 p.m., e.t., weekdays. 

Requests for special accommodation: 

Please submit requests for special 

accommodations to attend the NACOSH 

meeting to Ms. Frances Owens, OSHA, 


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