44400 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 

interested persons of their right to 

comment on and/or to request a hearing. 

Comments and requests for a hearing 

with respect to the proposed exemption 

are due within 60 days of the 

publication of this pendency notice in 

the Federal Register. 

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 does not relieve a 

fiduciary or other party in interest from 

certain other provisions of the Act, 

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 require, among other 

things, a fiduciary to discharge his or 

her 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; 

(2) The proposed exemption, if 

granted, will not extend to any 

transaction prohibited under section 

406(b)(3); 

(3) Before an exemption can be 

granted under section 408(a) of the Act, 

the Department must find that the 

exemption is administratively feasible, 

in the interest of the plan and of its 

participants and beneficiaries and 

protective of the rights of participants 

and beneficiaries of the plan; 

(4) The proposed exemption, if 

granted, will be supplemental to, and 

not in derogation of, any other 

provisions of the Act, including 

statutory or administrative exemptions. 

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 

(5) This proposed exemption, if 

granted, is subject to the express 

condition that the facts and 

representations set forth in the notice of 

proposed exemption accurately 

describe, where relevant, the material 

terms of the transaction that will be 

consummated if this exemption is 

granted. 

Written Comments and Hearing 

Requests 

All interested persons are invited to 

submit written comments or requests for 

a hearing on the pending exemption to 

the address above, within the time 

frame set forth above, after the 

publication of this proposed exemption 

in the Federal Register. All comments 

will be made a part of the record. 

Comments received will be available for 

public inspection with the referenced 

applications at the address set forth 

above. 

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 in 

accordance with the procedures set 

forth in 29 CFR Part 2570, Subpart B (55 

FR 32836, 32847, August 10, 1990). If 

the exemption is granted, the 

restrictions of sections 406(a), 406(b)(1) 

and (b)(2) of the Act shall not apply to 

the purchase by the Plan of certain 

unimproved real property (the Property) 

from the Alaska Construction & General 

Laborers 942 Building Association, Inc. 

(the Building Association), an entity 

owned by Local 942, Laborers 

International Union of North America, a 

party in interest with respect to the 

Plan, provided that the following 

conditions are satisfied: 

(a) The terms and conditions of the 

proposed transaction are no less 

favorable to the Plan than those which 

the Plan would receive in an arm’s 

length transaction with an unrelated 

party. 

(b) The purchase of the Property is a 

one-time transaction for cash. 

(c) The Plan does not pay any real 

estate commissions, fees, or other 

similar expenses to any party as a result 

of the proposed transaction. 

(d) The Plan purchases the Property 

from the Building Association for the 

lesser of (1) $62,791 or (2) the fair 

market value of the Property as 

determined on the date of such 

transaction by a qualified, independent 

appraiser. 

(e) The proposed transaction is 

consummated only after an independent 

fiduciary (1) determines that proceeding 

with the transaction is in the best 

interests of the Plan and its participants 

and beneficiaries and (2) negotiates the 

relevant terms and conditions of such 

transaction. 

(f) The independent fiduciary 

calculates, on the date of the transaction 

(using the applicable certificate of 

deposit rate in effect), the amount of 

interest owed to the Plan based upon its 

earnest money deposit for the Property. 

(g) On the date of the transaction, the 

Plan’s legal counsel pays all interest 

owed the Plan resulting from counsel’s 

placement of the Plan’s earnest money 

deposit for the Property in a noninterest bearing account. 

(h) The independent fiduciary 

monitors the proposed transaction on 

behalf of the Plan to ensure compliance 

with the agreed upon terms. 

The availability of this proposed 

exemption is subject to the express 

condition that the material facts and 

representations contained in the 

application for exemption are true and 

complete and accurately describe all 

material terms of the Covered 

Transactions. 

Signed at Washington, DC, this 24th day of 

August 2009. 

Ivan L. Strasfeld, 

Director of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. E9–20737 Filed 8–27–09; 8:45 am] 

BILLING CODE 4510–29–P 

MILLENNIUM CHALLENGE 

CORPORATION 

[MCC FR 09–15] 

Notice of the September 9, 2009 

Millennium Challenge Corporation 

Board of Directors Meeting; Sunshine 

Act Meeting 

AGENCY: Millennium Challenge 

Corporation. 

TIME AND DATE: 3 p.m. to 5 p.m., 

Wednesday, September 9, 2009. 

PLACE: Department of State, 2201 C 

Street, NW., Washington, DC 20520. 

FOR FURTHER INFORMATION CONTACT: 

Information on the meeting may be 

obtained from Romell Cummings via email at Board@mcc.gov or by telephone 

at (202) 521–3600. 

STATUS: Meeting will be closed to the 

public. 

MATTERS TO BE CONSIDERED: The Board 

of Directors (the ‘‘Board’’) of the 

Millennium Challenge Corporation 

(‘‘MCC’’) will hold a meeting to initiate 

the Fiscal Year 2010 country selection 

process by identifying countries that 

will be candidates for Millennium 

Challenge Account (‘‘MCA’’) assistance 

in Fiscal Year 2010 based on the per 

capita income and other requirements of 

606(a) of the Millennium Challenge Act 

of 2003 (Pub. L. 108–199 (Division D)) 

(the ‘‘Act’’) and to discuss other 

Compact development efforts with 

MCA-eligible countries; the MCC’s 

Threshold Program; and consider 

certain administrative matters. The 

agenda items are expected to involve the 

consideration of classified information 

and the meeting will be closed to the 

public. 


hsrobinson on DSK69SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 44401 

Dated: August 26, 2009. 

Henry C. Pitney, 

(Acting) Vice President and General Counsel, 

Millennium Challenge Corporation. 

[FR Doc. E9–20944 Filed 8–26–09; 4:15 pm] 

BILLING CODE 9211–03–P 

NATIONAL SCIENCE FOUNDATION 

Advisory Committee for International 

Science & Engineering; Notice of 

Meeting 

In accordance with Federal Advisory 

Committee Act (Pub. L. 92–463, as 

amended), the National Science 

Foundation announces the following 

meeting: 

Name: Advisory Committee for 

International Science and Engineering 

(#25104). 

Date/Time: September 28, 2009; 8:30 a.m. 

to 5 p.m.; September 29, 2009; 8:30 a.m. to 

12 p.m. 

Place: National Science Foundation, 4201 

Wilson Boulevard, Room 920, Arlington, VA. 

Type of Meeting: Open. 

Contact Person: Edward Murdy, National 

Science Foundation, 4201 Wilson Boulevard, 

Arlington, VA 22230 (703) 292–8710. 

If you are attending the meeting and need 

access to the NSF, please contact the 

individual listed above so you name may be 

added to the building access list. 

Purpose of Meeting: To provide advice on 

the programs and activities of the Office of 

International Science and Engineering. 

Agenda: 

September 28, 2009 

AM: Introductions and Updates— 

Presentation and Discussion of 2009 

activities. 

PM: Presentation and Discussion—Meet 

with NSF Director; Committee 

Discussion. 

September 30, 2009 

AM: Presentation and Discussion— 

Activities and initiatives for the coming 

year. Planning for the next meeting. 

Dated: August 25, 2009. 

Susanne Bolton, 

Committee Management Officer. 

[FR Doc. E9–20771 Filed 8–27–09; 8:45 am] 

BILLING CODE 7555–01–P 

NATIONAL SCIENCE FOUNDATION 

Notice of Permits Issued Under the 

Antarctic Conservation Act of 1978 

AGENCY: National Science Foundation. 

ACTION: Notice of permits issued under 

the Antarctic Conservation Act of 1978, 

Public Law 95–541. 

SUMMARY: The National Science 

Foundation (NSF) is required to publish 

notice of permits issued under the 

Antarctic Conservation Act of 1978. 

This is the required notice. 

FOR FURTHER INFORMATION CONTACT: 

Nadene G. Kennedy, Permit Office, 

Office of Polar Programs, Rm. 755, 

National Science Foundation, 4201 

Wilson Boulevard, Arlington, VA 22230. 

SUPPLEMENTARY INFORMATION: On July 

15, 2009, the National Science 

Foundation published a notice in the 

Federal Register of a permit application 

received. A permit was issued on 

August 24, 2009 to: Charles D. Amsler, 

Jr., Permit No. 2010–007. 

Nadene G. Kennedy, 

Permit Officer. 

[FR Doc. E9–20734 Filed 8–27–09; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on the Medical 

Uses of Isotopes: Call for Nominations 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Call for Nominations. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is advertising for 

nominations for the nuclear medicine 

physician position and the radiation 

oncologist position on the Advisory 

Committee on the Medical Uses of 

Isotopes (ACMUI). Nuclear medicine 

physician nominees should currently be 

practicing nuclear medicine in a clinical 

setting. Radiation oncologist nominees 

should currently be practicing radiation 

oncology to include clinical use of the 

Gamma Knife® unit. 

DATES: Nominations are due on or 

before October 27, 2009. 

Nomination Process: Submit an 

electronic copy of resume or curriculum 

vitae, along with a cover letter, to Ms. 

Ashley Cockerham, 

ashley.cockerham@nrc.gov. The cover 

letter should describe the nominee’s 

current duties and responsibilities and 

express the nominee’s interest in the 

position. Please ensure that resume or 

curriculum vitae includes the following 

information, if applicable: Education; 

certification; professional association 

membership and committee 

membership activities; duties and 

responsibilities in current and previous 

clinical, research, and/or academic 

position(s). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Cockerham, U.S. Nuclear 

Regulatory Commission, Office of 

Federal and State Materials and 

Environmental Management Programs; 

(240) 888–7129; 

ashley.cockerham@nrc.gov. 

SUPPLEMENTARY INFORMATION: The 

ACMUI nuclear medicine physician 

provides advice to NRC staff on issues 

associated with the regulation of 

diagnostic and therapeutic applications 

of byproduct material. This advice 

includes providing input on NRC 

proposed rules and guidance 

documents, providing recommendations 

on the training and experience 

requirements for physicians specializing 

in diagnostic and therapeutic nuclear 

medicine, identifying medical events 

associated with these uses, evaluating 

non-routine medical uses of byproduct 

material, bringing key issues in the 

nuclear medicine community to the 

attention of NRC staff, and other nuclear 

medicine issues as they relate to 

radiation safety and NRC medical-use 

policy. 

The ACMUI Gamma Stereotactic 

Radiosurgery (GSR) radiation oncologist 

provides advice on issues associated 

with radiation oncology and the clinical 

use of GSR. This advice includes 

providing input on NRC proposed rules 

and guidance documents, providing 

recommendations on the training and 

experience requirements for physicians 

specializing in this use, identifying 

medical events associated with this use, 

evaluating new models of GSR units, 

bringing key issues in the radiation 

oncology community to the attention of 

NRC staff, and other radiation oncology 

issues as they relate to radiation safety 

and NRC medical-use policy. 

ACMUI members are selected based 

on their educational background, 

certification(s), work experience, 

involvement and/or leadership in 

professional society activities, and other 

information obtained in letters or during 

the selection process. ACMUI members 

currently serve a four-year term and 

may be considered for reappointment to 

an additional term. The current 

membership is comprised of the 

following professionals: (a) Nuclear 

medicine physician; (b) nuclear 

cardiologist; (c) nuclear medicine 

physicist; (d) therapy medical physicist; 

(e) radiation safety officer; (f) nuclear 

pharmacist; (g) two radiation 

oncologists; (h) patients’ rights 

advocate; (i) Food and Drug 

Administration representative; (j) 

Agreement State representative; and (k) 

health care administrator. For additional 

information about membership on the 

ACMUI, visit the ACMUI Membership 

Web page, http://www.nrc.gov/aboutnrc/regulatory/advisory/acmui/ 

membership.html. 

Nominees must be U.S. citizens and 

be able to devote approximately 160 

hours per year to Committee business. 

Members are expected to attend semiVerDate Nov<24>2008 21:38 Aug 27, 2009 Jkt 217001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\28AUN1.SGM 28AUN1

hsrobinson on DSK69SOYB1PROD with NOTICES