38044 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

$10.00 per acre or fraction thereof, per 

year and 16–2/3 percent, respectively. 

The lessee has paid the required $500 

administrative fee and $163 to 

reimburse the Department for the cost of 

this Federal Register notice. The lessee 

has met all the requirements for 

reinstatement of the lease as set out in 

Sections 31(d) and (e) of the Mineral 

Lands Leasing Act of 1920 (30 U.S.C. 

188), and the Bureau of Land 

Management is proposing to reinstate 

lease WYW1674374 effective January 1, 

2009, under the original terms and 

conditions of the lease and the 

increased rental and royalty rates cited 

above. BLM has not issued a valid lease 

affecting the lands. 

Julie L. Weaver, 

Chief, Branch of Fluid Minerals Adjudication. 

[FR Doc. E9–18213 Filed 7–29–09; 8:45 am] 

BILLING CODE 4310–22–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

July 23, 2009. 

The Department of Labor (DOL) 

hereby announces the submission of the 

following public information collection 

requests (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(Pub. L. 104–13, 44 U.S.C. chapter 35). 

A copy of each ICR, with applicable 

supporting documentation; including 

among other things a description of the 

likely respondents, proposed frequency 

of response, and estimated total burden 

may be obtained from the RegInfo.gov 

Web site at http://www.reginfo.gov/ 

public/do/PRAMain or by contacting 

Darrin King on 202–693–4129 (this is 

not a toll-free number)/e-mail: 

DOL_PRA_PUBLIC@dol.gov. 

Interested parties are encouraged to 

send comments to the Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for the 

Department of Labor-Employee Benefits 

Security Administration (EBSA), Office 

of Management and Budget, Room 

10235, Washington, DC 20503, 

Telephone: 202–395–7316/Fax: 202– 

395–5806 (these are not toll-free 

numbers), E-mail: OIRA_ 

submission@omb.eop.gov within 30 

days from the date of this publication in 

the Federal Register. In order to ensure 

the appropriate consideration, 

comments should reference the OMB 

Control Number (see below). 

The OMB is particularly interested in 

comments which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Agency: Employee Benefits Security 

Administration. 

Type of Review: Extension without 

change of a currently approved 

collection. 

Title of Collection: Prohibited 

Transaction Class Exemption for CrossTrades of Securities by Index and 

Model-Driven Funds (PTE 2002–12). 

OMB Control Number: 1210–0115. 

Affected Public: Businesses or other 

for-profits. 

Estimated Number of Respondents: 

60. 

Total Estimated Annual Burden 

Hours: 855. 

Total Estimated Annual Costs Burden 

(excludes hourly wage costs): $509. 

Description: PTE 2002–12 exempts 

certain transactions that would be 

prohibited under the Employee 

Retirement Income Security Act of 1974 

(the Act or ERISA) and the Federal 

Employees’ Retirement System Act 

(FERSA), and provides relief from 

certain sanctions of the Internal 

Revenue Code of 1986 (the Code). The 

exemption permits cross-trades of 

securities among Index and ModelDriven Funds (Funds) managed by 

managers (Managers), and among such 

Funds and certain large accounts (Large 

Accounts) that engage such Managers to 

carry out a specific portfolio 

restructuring program or to otherwise 

act as a ‘‘trading adviser’’ for such a 

program. By removing existing barriers 

to these types of transactions, the 

exemption increases the incidences of 

cross-trading, thereby lowering the 

transaction costs to plans in a number 

of ways from what they would be 

otherwise. For additional information, 

see related notice published at 74 FR 

17985 on April 20, 2009. 

Agency: Employee Benefits Security 

Administration. 

Type of Review: Extension without 

change of a currently approved 

collection. 

Title of Collection: Bank Collective 

Investment Funds; Prohibited 

Transaction Class Exemption 91–38. 

OMB Control Number: 1210–0082. 

Affected Public: Businesses or other 

for-profits. 

Estimated Number of Respondents: 

3,600. 

Total Estimated Annual Burden 

Hours: 600. 

Total Estimated Annual Costs Burden 

(excludes hourly wage costs): $0. 

Description: PTE 91–38 provides an 

exemption from the prohibited 

transaction provisions of the Employee 

Retirement Income Security Act of 1974 

(ERISA) for certain transactions between 

a bank collective investment fund and 

persons who are parties in interest with 

respect to an employee benefit plan. 

Without the exemption, sections 406 

and 407(a) of ERISA and section 

4975(c)(1) of the Internal Revenue Code 

may prohibit transactions between the 

collective investment fund (CIF) and a 

party in interest to one or more of the 

employee benefit plans participating in 

the collective investment fund. Under 

PTE 91–38, a collective investment fund 

generally may engage in transactions 

with parties in interest to a plan that 

invests in the fund as long as the plan’s 

total investment in the fund does not 

exceed a specified percentage of the 

total assets of the fund. The PTE also 

contains more limited or differently 

defined relief for funds holding more 

than the specified percentage, for 

multiemployer plans, and for 

transactions involving employer 

securities and employer real property. 

In order to ensure that the rights of 

participants and beneficiaries are 

protected, and that bank collective 

investment funds can demonstrate 

compliance with the terms of the 

exemption, the Department requires a 

bank to maintain records regarding the 

exempted transactions and make them 

available for inspection to specified 

interested persons (including the 

Department and the Internal Revenue 

Service) on request for a period of six 

years. For additional information, see 

related notice published at 74 FR 17988 

on April 20, 2009. 

Agency: Employee Benefits Security 

Administration. 

Type of Review: Extension without 

change of a currently approved 

collection. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 38045 

Title of Collection: PTE 90–1; 

Insurance Company Pooled Separate 

Accounts. 

OMB Control Number: 1210–0083. 

Affected Public: Businesses or other 

for-profits. 

Estimated Number of Respondents: 

60. 

Total Estimated Annual Burden 

Hours: 100. 

Total Estimated Annual Costs Burden 

(excludes hourly wage costs): $0. 

Description: PTE 90–1 provides an 

exemption from certain provisions of 

the Employee Retirement Income 

Security Act of 1974 (ERISA) relating to 

transactions involving insurance 

company pooled separate accounts in 

which employee benefit plans 

participate. Without the exemption, 

sections 406 and 407(a) of ERISA and 

section 4975(c)(1) of the Internal 

Revenue Code might prohibit a party in 

interest to a plan from furnishing goods 

or services to an insurance company 

pooled separate account in which the 

plan has an interest, or prohibit 

engaging in other transactions. Under 

the exemption, persons who are parties 

in interest to a plan that invests in a 

pooled separate account, such as a 

service provider, may engage in 

otherwise prohibited transactions with 

the separate account if the plan’s 

participation in the separate account 

does not exceed specified limits and 

other conditions are met. These other 

conditions include a requirement that 

the party in interest not be the insurance 

company, or an affiliate thereof, that 

holds the plan assets in its pooled 

separate account or other separate 

account. The terms of the transaction to 

which the exemption is applied must be 

at least as favorable to the pooled 

separate account as those that would be 

obtained in a separate arms-length 

transaction with an unrelated party, and 

the insurance company must maintain 

records of any transaction to which the 

exemption applies for a period of six 

years. This ICR covers this 

recordkeeping requirement. For 

additional information, see related 

notice published at 74 FR 17989 on 

April 20, 2009. 

Agency: Employee Benefits Security 

Administration. 

Type of Review: Extension without 

change of a currently approved 

collection. 

Title of Collection: Foreign Currency 

Transactions; Prohibited Transaction 

Class Exemption 94–20. 

OMB Control Number: 1210–0085. 

Affected Public: Businesses or other 

for-profits. 

Estimated Number of Respondents: 

279. 

Total Estimated Annual Burden 

Hours: 230. 

Total Estimated Annual Costs Burden 

(excludes hourly wage costs): $0. 

Description: PTE 94–20 permits the 

purchase and sale of foreign currencies 

between an employee benefit plan and 

a bank, broker-dealer, or an affiliate 

thereof, that is a trustee, custodian, 

fiduciary, or other party in interest with 

respect to the plan. The exemption is 

available provided that the transaction 

is directed (within the meaning of 

section IV(e) of the exemption) by a plan 

fiduciary that is independent of the 

bank, broker-dealer, or affiliate and all 

other conditions of the exemption are 

satisfied. Without this exemption, 

certain aspects of these transactions 

might be prohibited by section 406(a) of 

ERISA. To protect the interests of 

participants and beneficiaries of the 

employee benefit plan, the exemption 

requires that the party wishing to take 

advantage of the exemption (1) Develop 

written policies and procedures 

applicable to trading in foreign 

currencies on behalf of an employee 

benefit plan; (2) provide a written 

confirmation with respect to each 

transaction in foreign currency to the 

independent plan fiduciary, disclosing 

specified information; and (3) maintain 

records pertaining to the transaction for 

a period of six years. The ICR relates to 

the foregoing disclosure and 

recordkeeping requirements. For 

additional information, see related 

notice published at 74 FR 17990 on 

April 20, 2009. 

Agency: Employee Benefits Security 

Administration. 

Type of Review: Extension without 

change of a currently approved 

collection. 

Title of Collection: Prohibited 

Transaction Class Exemption 97–41; 

Collective Investment Funds Conversion 

Transactions. 

OMB Control Number: 1210–0104. 

Affected Public: Businesses or other 

for-profits. 

Estimated Number of Respondents: 

50. 

Total Estimated Annual Burden 

Hours: 1,756. 

Total Estimated Annual Costs Burden 

(excludes hourly wage costs): $310,000. 

Description: PTE 97–41 provides an 

exemption from the prohibited 

transaction provisions of the 

Employment Retirement Income 

Security Act of 1974 (ERISA) and from 

certain taxes imposed by the Internal 

Revenue Code of 1986. The exemption 

permits employee benefit plans to 

purchase shares of one or more openend investment companies (funds) 

registered under the Investment 

Advisers Act of 1940 by transferring inkind, to the investment company, assets 

of the plan that are part of a collective 

investment fund (CIF) maintained by a 

bank or plan advisor that is both a 

fiduciary of the plan and an investment 

advisor to the investment company 

offering the fund. 

The exemption requires that an 

independent fiduciary receive advance 

written notice of any covered 

transaction, as well as specific written 

information concerning the mutual 

funds to be purchased. The independent 

fiduciary must also provide written 

advance approval of conversion 

transactions and receive written 

confirmation of each transaction, as well 

as additional on-going disclosures as 

defined in PTE 97–41. These disclosures 

are the basis for the ICR. For additional 

information, see related notice 

published at 74 FR 17986 on April 20, 

2009. 

Agency: Employee Benefits Security 

Administration. 

Type of Review: Extension without 

change of a currently approved 

collection. 

Title of Collection: Prohibited 

Transaction Exemption 2004–07, 

Transactions with Trust REIT Shares. 

OMB Control Number: 1210–0124. 

Affected Public: Businesses or other 

for-profits. 

Estimated Number of Respondents: 

38. 

Total Estimated Annual Burden 

Hours: 3,990. 

Total Estimated Annual Costs Burden 

(excludes hourly wage costs): $201,894. 

Description: PTE 2004–07 exempts 

from certain prohibited transaction 

restrictions of the Employee Retirement 

Income Security Act of 1974 (ERISA) 

and from certain taxes imposed by the 

Internal Revenue Code of 1986 (the 

Code), the acquisition, holding, sale, 

and contribution in kind of publicly 

traded shares of beneficial interest in a 

real estate investment trust that is 

structured under State law as a business 

trust (Trust REIT), on behalf of and to 

individual account plans sponsored by 

the REIT or its affiliates, provided that 

certain conditions are met. 

The exemption allows individual 

account plans (Plans) established by 

Trust REITs to offer a beneficial interest 

in the Trust REIT in the form of 

Qualifying REIT Shares, as defined in 

the exemption, to participants in Plans 

sponsored by the REIT or its employer 

affiliates, to require that employer 

contributions be used to purchase such 

shares, and to permit ‘‘contributions in 

kind’’ of such shares to these Plans by 

employers. 


erowe on DSK5CLS3C1PROD with NOTICES
38046 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

The exemption conditions relief on 

compliance with a number of 

information collection requirements. 

These information collections are to be 

provided or made available to plan 

participants and fiduciaries in order to 

inform them about investments in 

Qualifying REIT Shares and the 

conditions of the exemption permitting 

share transactions. Records sufficient to 

allow them to determine whether the 

exemption conditions are met must also 

be maintained, and made available to 

them upon request, for a period of six 

years. These records must also be made 

available on request to employers and 

employee organizations with employees 

and members covered by a Plan of the 

Trust REIT or one of its employer 

affiliates, and to authorized employees 

and representatives of the Department 

and the Internal Revenue Service. For 

additional information, see related 

notice published at 74 FR 17987 on 

April 20, 2009. 

Darrin A. King, 

Departmental Clearance Officer. 

[FR Doc. E9–18068 Filed 7–29–09; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,882] 

Belcher-Robinson Foundry, Alexander 

City, AL; Notice of Affirmative 

Determination Regarding Application 

for Reconsideration 

By application dated June 25, 2009, 

the petitioner requested administrative 

reconsideration of the negative 

determination regarding workers’ 

eligibility to apply for Trade Adjustment 

Assistance (TAA) and Alternative Trade 

Adjustment Assistance (ATAA) 

applicable to workers and former 

workers of the subject firm. The 

determination was issued on June 17, 

2009. The Notice of Determination was 

published in the Federal Register on 

July 14, 2009 (74 FR 34038). 

The initial investigation resulted in a 

negative determination based on the 

finding that imports of automotive drive 

train components did not contribute 

importantly to worker separations at the 

subject firm and no shift of production 

to a foreign source occurred. 

In the request for reconsideration, the 

petitioner provided additional 

information regarding customers of the 

subject firm and imports of automotive 

drive train components. 

The Department has carefully 

reviewed the request for reconsideration 

and the existing record and has 

determined that the Department will 

conduct further investigation to 

determine if the workers meet the 

eligibility requirements of the Trade Act 

of 1974. 

Conclusion 

After careful review of the 

application, I conclude that the claim is 

of sufficient weight to justify 

reconsideration of the U.S. Department 

of Labor’s prior decision. The 

application is, therefore, granted. 

Signed at Washington, DC, this 15th day of 

July 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–18180 Filed 7–29–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–64,401] 

Qimonda 200MM Facility, Including OnSite Leased Workers From Tokyo 

Electron America, Nikon Precision, 

Inc., Ebara Technologies, Inc., Air 

Products and Chemicals, Inc., PSI 

Repair Services, Exel Logistics, 

Xperts, Inc., KLA-Tencor Craftcorps, 

Inc. and Colonial Webb, and Qimonda 

North America Corporation, Qimonda 

Richmond, a Subsidiary of Qimonda 

AG, Sandston, VA; 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 December 11, 2008, 

applicable to workers of Qimonda 

200MM Facility, Sandston, Virginia. 

The notice was published in the Federal 

Register on December 30, 2008 (73 FR 

79914). The certification was amended 

on February 10, 2009, March 3, 2009, 

March 31, 2009 and June 12, 2009 to 

include on-site leased workers of Tokyo 

Electron America, Nikon Precision, 

Ebara Technologies, Air Products and 

Chemicals, Inc., PSI Repair Services, 

Exel Logistics, Xperts, Inc. and KLA/ 

Tencor and Qimonda North America 

Corp., Qimonda Richmond, an on-site 

subsidiary of the subject firm. These 

notices were published in the Federal 

Register on February 23, 2009 (74 FR 

8111), March 11, 2009 (74 FR 10619), 

April 7, 2009 (74 FR 15752) and June 

24, 2009 (74 FR 30112), respectfully. 

At the request of the State agency, the 

Department reviewed the certification 

for workers of the subject firm. The 

workers are engaged in the production 

of DRAM semiconductor wafers. 

The company reports that workers 

leased from Craftscorps, Inc., and 

Colonial Webb were employed on-site at 

the Sandston, Virginia location of 

Qimonda 200MM Facility. The 

Department has determined that these 

workers were sufficiently under the 

control of Qimonda 200MM Facility to 

be considered leased workers. 

Based on these findings, the 

Department is amending this 

certification to include workers leased 

from Craftscorps, Inc., and Colonial 

Webb working on-site at the Sandston, 

Virginia location of the subject firm. 

The intent of the Department’s 

certification to include all workers 

employed at Qimonda 200MM Facility, 

Sandston, Virginia who were adversely 

affected by a shift in production to a 

foreign country followed by increased 

imports of articles like or directly 

competitive with DRAM semiconductor 

wafers produced by the subject firm. 

The amended notice applicable to 

TA–W–64,401 is hereby issued as 

follows: 

All workers of Qimonda 200MM Facility, 

including on-site leased workers from Tokyo 

Electron America, Nikon Precision, Inc., 

Ebara Technologies, Inc., Air Products and 

Chemicals, Inc., PSI Repair Services, Exel 

Logistics, Xperts, Inc., KLA-Tensor, 

Craftscorps, Inc., and Colonial Webb and 

including on-site workers of Qimonda North 

America Corp., Qimonda Richmond, a 

subsidiary of Qimonda AG, Sandston, 

Virginia, who became totally or partially 

separated from employment on or after 

November 11, 2007 through December 11, 

2010, 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 15th day of 

July 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–18177 Filed 7–29–09; 8:45 am] 

BILLING CODE 4510–FN–P 


erowe on DSK5CLS3C1PROD with NOTICES