13526 Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Notices 

Amended Plan at hearings held by the Court 

after full written disclosure of the terms of 

the Plan is given to such Mutual Member by 

FML. 

(d) Participation by all Mutual Members in 

the Fourth Amended Plan, if approved by the 

Court, is mandatory, although Mutual 

Members may disclaim the Investor Stock, 

cash, and/or Plan Credits which they would 

otherwise receive. 

(e) The decision by a Mutual Member 

which is a Plan to receive or disclaim 

Investor Stock, cash, and/or Plan Credits 

allocated to such Mutual Member is made by 

one or more independent fiduciaries of such 

Plan, and not by FML or any affiliate of FML. 

Consequently, neither FML nor any of its 

affiliates will exercise discretion nor render 

‘‘investment advice’’ within the meaning of 

29 CFR 2510.3–21(c) with respect to an 

independent Plan fiduciary’s decision to 

receive or disclaim Investor Stock, cash, and/ 

or Plan Credits. 

(f) Twenty percent (20%) of the net assets 

which are available for distribution to the 

Mutual Members is allocated among the 

Mutual Members based upon voting rights, 

and eighty percent (80%) of such net assets 

is allocated among the Mutual Members on 

the basis of the contribution of the Mutual 

Members’ respective insurance or annuity 

contracts (the Contracts) to the surplus of 

FML. The contribution to FML’s surplus is 

the actuarial calculation of both the historical 

and expected future profit contribution of the 

Contracts that have contributed to the 

surplus (i.e., the net earnings) of FML. The 

actuarial formulas are approved by the Court 

and the Commissioner. 

(g) The amount and value of the Investor 

Stock, cash, and/or Plan Credits received by 

a Mutual Member reflect the aggregate 

consideration paid by the Stock Purchaser or 

Asset Purchaser, which is independent of 

FML. 

(h) All Mutual Members that are Plans 

participate in the transactions on the same 

basis as all other Mutual Members that are 

not Plans, except that Mutual Members 

which hold Non-Trusteed Tax-Qualified 

Retirement Funding Contracts receive Plan 

Credits in exchange for their membership 

interests, rather than cash and/or Investor 

Stock. 

(i) No Mutual Member pays any brokerage 

commissions or fees in connection with the 

receipt of Investor Stock, cash, and/or Plan 

Credits. 

(j) Mutual Members are not restricted from 

selling or otherwise transferring any Investor 

Stock which they receive. If Investor Stock 

comprises part of the consideration paid by 

the Stock Purchaser, the Stock Purchaser is 

required to establish a commission-free 

purchase or sales program which will allow 

Mutual Members who receive a small 

number of shares of Investor Stock to ‘‘round 

up’’ such shares or sell such shares free of 

sales commissions. 

(k) The Fourth Amended Plan does not 

adversely affect the rights of a contractholder 

of the company (the Contractholder) which is 

a Mutual Member. In this regard, 

(1) If Post-Conversion FML is acquired by 

the Stock Purchaser, the obligations of FML 

to a Contractholder are retained by PostConversion FML; and 

(2) If FML’s assets are purchased by the 

Asset Purchaser, FML’s obligations to a 

Contractholder are discharged and 

terminated upon their endorsement and 

assumption by the Asset Purchaser, thereby 

making the Asset Purchaser liable for the 

obligations under the Contract. 

SECTION III. DEFINITIONS 

For purposes of this proposed exemption: 

(a) An ‘‘affiliate’’ of FML, Post-Conversion 

FML, the Stock Purchaser, or the Asset 

Purchaser includes—

(1) Any person directly or indirectly 

through one or more intermediaries, 

controlling, controlled by, or under common 

control with such entity. (For purposes of 

this paragraph, the term ‘‘control’’ means the 

power to exercise a controlling influence 

over the management or policies of a person 

other than an individual.); or 

(2) Any officer, director or partner in such 

person. 

(b) The term ‘‘Asset Purchaser’’ means the 

person (e.g., individual, corporation, 

partnership, joint venture, etc.) selected by 

the Rehabilitator and approved by the Court 

to purchase FML’s assets under an 

assumption reinsurance agreement. 

(c) The term ‘‘FML’’ means the Fidelity 

Mutual Life Insurance Company (In 

Rehabilitation) and any affiliate of FML, as 

defined in paragraph (a) of this Section III, 

as they exist before FML is converted from 

a mutual life insurance company into a stock 

life insurance company. 

(d) The term ‘‘Investor Stock’’ means the 

common stock of the Stock Purchaser that 

will be allocated to Mutual Members if PostConversion FML is acquired by the Stock 

Purchaser in exchange for consideration that 

includes common stock of the Stock 

Purchaser. 

(e) The term ‘‘Mutual Member’’ means a 

Contractholder whose name appears on 

FML’s records as an owner of an FML 

Contract on the Record Date of the Fourth 

Amended Plan. 

(f) The term ‘‘Non-Trusteed Tax-Qualified 

Retirement Funding Contracts’’ means FML 

insurance contracts which are held in 

connection with retirement plans or 

arrangements described in section 403(a) or 

408 of the Internal Revenue Code or nontrusteed retirement plans described in 

Section 401(a) of the Internal Revenue Code. 

(g) The term ‘‘Plan’’ means an employee 

benefit plan. 

(h) The term ‘‘Plan Credit’’ means either (1) 

additional paid up insurance for a traditional 

life policy or (2) credits to the account values 

for Contracts that are not traditional (such as 

a flexible premium policy). Under FML’s 

Fourth Amended Plan, Plan Credits are to be 

allocated to Mutual Members who hold NonTrusteed Tax-Qualified Retirement Funding 

Contracts, in lieu of Investor Stock and/or 

cash. 

(i) The term ‘‘Post-Conversion FML’’ means 

the Fidelity Mutual Life Insurance Company 

(In Rehabilitation) and any affiliate of FML, 

as defined in paragraph (a) of this Section III, 

as they exist after FML is converted from a 

mutual life insurance company into a stock 

life insurance company. 

(j) The term ‘‘Stock Purchaser’’ means the 

person (e.g., individual, corporation, 

partnership, joint venture, etc.) selected by 

the Rehabilitator and approved by the Court 

to purchase the stock of Post-Conversion 

FML, or to acquire Post-Conversion FML by 

merger, under a stock purchase agreement or 

merger agreement. 

This exemption is available to a 

Mutual Member of FML that is a Plan 

if the terms and conditions of the 

exemption are satisfied with respect to 

such Plan. 

For a more complete statement of the 

facts and representations supporting the 

Department’s decision to grant PTE 

2000-34, refer to the proposed 

exemption and the grant notice which 

are cited above. 

Signed at Washington, DC, this 16th day of 

March, 2007. 

Ivan L. Strasfeld, 

Director of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. E7–5208 Filed 3–21–07; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–60,753] 

Cerf Brothers Bag Co., Inc., Earth City, 

MO; Notice of Affirmative 

Determination Regarding Application 

for Reconsideration 

By application dated January 13, 

2007, a state representative requested 

administrative reconsideration of the 

Department of Labor’s Notice of 

Negative Determination Regarding 

Eligibility to Apply for Worker 

Adjustment Assistance, applicable to 

workers and former workers of the 

subject firm. The determination was 

issued on February 16, 2007 and 

published in the Federal Register on 

February 27, 2007 (72 FR 8795). 

The negative determination was based 

on the Department’s findings that that 

the petitioning workers of this firm or 

subdivision do not produce an article 

within the meaning of Section 222 of 

the Act. 

The Department reviewed the request 

for reconsideration and has determined 

that the petitioner has provided 

additional information. Therefore, 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 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Notices 13527 

reconsideration of the Department of 

Labor’s prior decision. The application 

is, therefore, granted. 

Signed at Washington, DC, this 16th of 

March, 2007. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E7–5239 Filed 3–21–07; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of Determinations Regarding 

Eligibility To Apply for Worker 

Adjustment Assistance and Alternative 

Trade Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (19 

U.S.C. 2273) the Department of Labor 

herein presents summaries of 

determinations regarding eligibility to 

apply for trade adjustment assistance for 

workers (TA–W) number and alternative 

trade adjustment assistance (ATAA) by 

(TA–W) number issued during the 

period of March 5 through March 9, 

2007. 

In order for an affirmative 

determination to be made for workers of 

a primary firm and a certification issued 

regarding eligibility to apply for worker 

adjustment assistance, each of the group 

eligibility requirements of Section 

222(a) of the Act must be met. 

I. Section (a)(2)(A) all of the following 

must be satisfied: 

A. A significant number or proportion 

of the workers in such workers’ firm, or 

an appropriate subdivision of the firm, 

have become totally or partially 

separated, or are threatened to become 

totally or partially separated; 

B. The sales or production, or both, of 

such firm or subdivision have decreased 

absolutely; and 

C. Increased imports of articles like or 

directly competitive with articles 

produced by such firm or subdivision 

have contributed importantly to such 

workers’ separation or threat of 

separation and to the decline in sales or 

production of such firm or subdivision; 

or 

II. Section (a)(2)(B) both of the 

following must be satisfied: 

A. A significant number or proportion 

of the workers in such workers’ firm, or 

an appropriate subdivision of the firm, 

have become totally or partially 

separated, or are threatened to become 

totally or partially separated; 

B. There has been a shift in 

production by such workers’ firm or 

subdivision to a foreign country of 

articles like or directly competitive with 

articles which are produced by such 

firm or subdivision; and 

C. One of the following must be 

satisfied: 

1. The country to which the workers’

firm has shifted production of the 

articles is a party to a free trade 

agreement with the United States; 

2. The country to which the workers’

firm has shifted production of the 

articles to a beneficiary country under 

the Andean Trade Preference Act, 

African Growth and Opportunity Act, or 

the Caribbean Basin Economic Recovery 

Act; or 

3. There has been or is likely to be an 

increase in imports of articles that are 

like or directly competitive with articles 

which are or were produced by such 

firm or subdivision. 

Also, in order for an affirmative 

determination to be made for 

secondarily affected workers of a firm 

and a certification issued regarding 

eligibility to apply for worker 

adjustment assistance, each of the group 

eligibility requirements of Section 

222(b) of the Act must be met. 

(1) Significant number or proportion 

of the workers in the workers’ firm or 

an appropriate subdivision of the firm 

have become totally or partially 

separated, or are threatened to become 

totally or partially separated; 

(2) The workers’ firm (or subdivision) 

is a supplier or downstream producer to 

a firm (or subdivision) that employed a 

group of workers who received a 

certification of eligibility to apply for 

trade adjustment assistance benefits and 

such supply or production is related to 

the article that was the basis for such 

certification; and 

(3) either—

(A) The workers’ firm is a supplier 

and the component parts it supplied for 

the firm (or subdivision) described in 

paragraph (2) accounted for at least 20 

percent of the production or sales of the 

workers’ firm; or 

(B) A loss or business by the workers’

firm with the firm (or subdivision) 

described in paragraph (2) contributed 

importantly to the workers’ separation 

or threat of separation. 

In order for the Division of Trade 

Adjustment Assistance to issue a 

certification of eligibility to apply for 

Alternative Trade Adjustment 

Assistance (ATAA) for older workers, 

the group eligibility requirements of 

Section 246(a)(3)(A)(ii) of the Trade Act 

must be met. 

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). 

Affirmative Determinations for Worker 

Adjustment Assistance 

The following certifications have been 

issued. The date following the company 

name and location of each 

determination references the impact 

date for all workers of such 

determination. 

The following certifications have been 

issued. The requirements of Section 

222(a)(2)(A) (increased imports) of the 

Trade Act have been met. 

TA–W–61,037; Flint Group North 

America Corporation, Flint Group 

Pigments Division, Holland, MI: 

February 27, 2006. 

The following certifications have been 

issued. The requirements of Section 

222(a)(2)(B) (shift in production) of the 

Trade Act have been met. 

TA–W–60,899; CCL Label St. Louis, Case 

Report Forms Dept., Aerotek, St. 

Charles, MO: January 30, 2006. 

TA–W–60,928; Florence Design Group, 

Florence, AL: February 6, 2006. 

TA–W–60,853; Artistree, Graham and 

Associates, Kernersville, NC: 

January 29, 2006. 

The following certifications have been 

issued. The requirements of Section 

222(b) (supplier to a firm whose workers 

are certified eligible to apply for TAA) 

of the Trade Act have been met. 

None. 

The following certifications have been 

issued. The requirements of Section 

222(b) (downstream producer for a firm 

whose workers are certified eligible to 

apply for TAA based on increased 

imports from or a shift in production to 

Mexico or Canada) of the Trade Act 

have been met. 

None. 

Affirmative Determinations for Worker 

Adjustment Assistance and Alternative 

Trade Adjustment Assistance 

The following certifications have been 

issued. The date following the company 

name and location of each 

determination references the impact 

date for all workers of such 

determination. 

The following certifications have been 

issued. The requirements of Section 

222(a)(2)(A) (increased imports) and 

Section 246(a)(3)(A)(ii) of the Trade Act 

have been met. 

TA–W–60,772; Harve Bernard Ltd, 

Bernard and Morton Co., Inc., 

Clifton, NJ: January 12, 2006. 


rwilkins on PROD1PC63 with NOTICES