Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Notices 21307 

with Kongsberg to provide modeling 

and training services unduly restricts 

the operations of the S&E Plan. By 

providing the Services, the S&E Plan 

would be able to develop hydrodynamic 

and geographic models that will 

improve the overall quality of maritime 

officers and increase safety in the 

operation of marine vessels, thus 

furthering the purposes of the S&E Plan, 

and would be able to increase the level 

of expertise in the application of 

modeling tools and techniques by the 

S&E Plan, thus expanding the training 

opportunities for S&E Plan participants, 

many of whom are employed on vessels 

assigned to areas of conflict overseas. 

Many S&E Plan participants serve on 

vessels engaged in the transportation 

and supply of cargo to troops stationed 

in conflicts around the world. Finally, 

the revenue received by the STAR 

Center from the Services will help offset 

operating costs of the STAR Center. 

This, in turn, will allow the S&E Plan 

to provide expanded services to plan 

participants without increasing 

contribution levels. 

7. To ensure that the interests of the 

S&E Plan and their participants are well 

protected, the S&E Plan has retained 

Bond Beebe C.P.A. (Bond Beebe) as 

outside auditors to perform the annual 

audit of the Services. Bond Beebe will 

perform annual audits of the S&E Plan 

to identify and reconcile any 

recordkeeping discrepancies involving 

the Services. 

8. In summary, the applicant 

represents that the proposed transaction 

satisfies the statutory criteria for an 

exemption under section 408(a) of the 

Act for the following reasons: (a) The 

S&E Plan will charge and will be paid 

for the Services at the rates approved by 

the Trustees for similar services 

provided to unrelated third parties; (b) 

The terms of the arrangement between 

the S&E Plan and Kongsberg are at least 

as favorable to the S&E Plan as those 

obtainable in an arm’s length 

transaction with an unrelated party; (c) 

An independent auditor will perform 

annual audits of the S&E Plan to 

identify and reconcile any 

recordkeeping discrepancies involving 

the Services; and (d) The S&E Plan will 

maintain, for a period of six (6) years, 

the records necessary to determine 

whether the conditions of this 

exemption have been met. 

Notice to Interested Persons 

Notice to Interested Parties: Notice of 

the proposed exemption shall be given 

to all interested persons in the manner 

agreed upon by the Employer and 

Department within 15 days of the date 

of publication of this notice of proposed 

exemption in the Federal Register. 

Comments and requests for a hearing are 

due forty-five (45) days after publication 

of this notice in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Khalif Ford 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 25th day of 

April, 2007. 

Ivan Strasfeld, 

Director of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. E7–8184 Filed 4–27–07; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Workforce Investment Act of 1998 

(WIA); Notice of Incentive Funding 

Availability for Program Year (PY) 2005 

Performance 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor, in 

collaboration with the Department of 

Education, announces that nine 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 nine eligible states must 

submit their applications for incentive 

funding to the Department of Labor by 

June 14, 2007. 

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 Staha and Traci DiMartini, 

Telephone number: 202–693–3698 (this 

is not a toll-free number). Fax: 202–693–

3490. E-mail: staha.karen@dol.gov and 

dimartini.traci@dol.gov. Information 

may also be found at the ETA 

Performance Web site: http:// 

www.doleta.gov/performance. 

SUPPLEMENTARY INFORMATION: Nine (9) 

states (see Appendix) qualify to receive 

a share of the $16.3 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, 2009, 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 


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outcomes in WIA title I, adult education 

(AEFLA), and vocational education 

(Perkins Act) programs. The goals 

included placement after training, 

retention in employment, and 

improvements 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 

programs (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 in 

the following chart: 

State Amount of 

award 

1. Arizona ............................. $1,724,063 

2. Delaware .......................... 967,758 

State Amount of 

award 

3. Illinois ................................ 3,000,000 

4. Iowa .................................. 1,190,729 

5. Massachusetts .................. 1,752,678 

6. Missouri ............................ 1,922,350 

7. Oregon .............................. 1,781,694 

8. Tennessee ........................ 2,096,895 

9. Virginia .............................. 1,917,021 

Dated: April 24, 2007. 

Emily Stover DeRocco, 

Assistant Secretary for Employment and 

Training. 

APPENDIX 

BILLING CODE 4510–FN–P 


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[FR Doc. E7–8221 Filed 4–27–07; 8:45 am] 

BILLING CODE 4510–FN–C 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Records Schedules; Availability and 

Request for Comments 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice of availability of 

proposed records schedules; request for 

comments. 

SUMMARY: The National Archives and 

Records Administration (NARA) 

publishes notice at least once monthly 

of certain Federal agency requests for 

records disposition authority (records 

schedules). Once approved by NARA, 

records schedules provide mandatory 

instructions on what happens to records 

when no longer needed for current 

Government business. They authorize 

the preservation of records of 

continuing value in the National 

Archives of the United States and the 

destruction, after a specified period, of 

records lacking administrative, legal, 

research, or other value. Notice is 

published for records schedules in 

which agencies propose to destroy 

records not previously authorized for 

disposal or reduce the retention period 

of records already authorized for 

disposal. NARA invites public 

comments on such records schedules, as 

required by 44 U.S.C. 3303a(a). 

DATES: Requests for copies must be 

received in writing on or before May 30, 

2007 (Note that the new time period for 

requesting copies has changed from 45 

to 30 days after publication). Once the 

appraisal of the records is completed, 

NARA will send a copy of the schedule. 

NARA staff usually prepare appraisal 

memorandums that contain additional 

information concerning the records 

covered by a proposed schedule. These, 

too, may be requested and will be 

provided once the appraisal is 

completed. Requesters will be given 30 

days to submit comments. 

ADDRESSES: You may request a copy of 

any records schedule identified in this 

notice by contacting the Life Cycle 

Management Division (NWML) using 

one of the follwing means: 

Mail: NARA (NWML), 8601 Adelphi 

Road, College Park, MD 20740–6001. 

E-mail: requestschedule@nara.gov. 

Fax: 301–837–3698. 

Requesters must cite the control 

number, which appears in parentheses 

after the name of the agency which 

submitted the schedule, and must 

provide a mailing address. Those who 

desire appraisal reports should so 

indicate in their request. 

FOR FURTHER INFORMATION CONTACT: 

Laurence Brewer, Director, Life Cycle 

Management Division (NWML), 

National Archives and Records 

Administration, 8601 Adelphi Road, 

College Park, MD 20740–6001. 

Telephone: 301–837–1539. E-mail: 

records.mgt@nara.gov. 

SUPPLEMENTARY INFORMATION: Each year 

Federal agencies create billions of 

records on paper, film, magnetic tape, 

and other media. To control this 

accumulation, agency records managers 

prepare schedules proposing retention 

periods for records and submit these 

schedules for NARA’s approval, using 

the Standard Form (SF) 115, Request for 

Records Disposition Authority. These 

schedules provide for the timely transfer 

into the National Archives of 

historically valuable records and 

authorize the disposal of all other 

records after the agency no longer needs 

them to conduct its business. Some 

schedules are comprehensive and cover 

all the records of an agency or one of its 

major subdivisions. Most schedules, 

however, cover records of only one 

office or program or a few series of 

records. Many of these update 

previously approved schedules, and 

some include records proposed as 

permanent. 

No Federal records are authorized for 

destruction without the approval of the 

Archivist of the United States. This 

approval is granted only after a 

thorough consideration of their 

administrative use by the agency of 

origin, the rights of the Government and 

of private persons directly affected by 

the Government’s activities, and 

whether or not they have historical or 

other value. 

Besides identifying the Federal 

agencies and any subdivisions 

requesting disposition authority, this 

public notice lists the organizational 


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