Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Notices 61775 

may be obtained from the RegInfo.gov 

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

public/do/PRAMain or by contacting 

Michel Smyth by telephone at 202–693– 

4129 (this is not a toll-free number) or 

sending an e-mail to 

DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for the Department of Labor, 

Bureau of Labor Statistics, Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, Telephone: 

202–395–7314/Fax: 202–395–7245 

(these are not toll-free numbers), e-mail: 

OIRA_submission@omb.eop.gov. 

FOR FURTHER INFORMATION: Contact 

Michel Smyth by telephone at 202–693– 

4129 (this is not a toll-free number) or 

by e-mail at 

DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: The DOL 

is seeking OMB reauthorization of the 

Annual Refiling Survey (ARS) 

information collection. While the 

primary purpose of the ARS is to verify 

or to correct the North American 

Industry Classification System (NAICS) 

code assigned to establishments, there 

are other important purposes of the 

ARS. The ARS seeks accurate mailing 

and physical location addresses of 

establishments as well as geographic 

codes such as county and township 

(independent city, parish, or island in 

some States). 

The ARS constitutes an information 

collection within the meaning of the 

PRA. Under the PRA, a Federal agency 

generally cannot conduct or sponsor a 

collection of information unless it is 

currently approved by the OMB under 

the PRA and displays a currently valid 

OMB control number. Furthermore, the 

public is generally not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information if the 

collection of information does not 

display a currently valid OMB control 

number. See 5 CFR 1320.5(a) and 

1320.6. The DOL obtains OMB approval 

for this information collection under 

OMB Control Number 1220–0032. The 

current OMB approval is scheduled to 

expire on October 31, 2010. For 

additional information, see the related 

notice published in the Federal Register 

on May 27, 2010 (75 FR 29782). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within 30 days of publication of 

this notice in the Federal Register. In 

order to ensure the appropriate 

consideration, comments should 

reference OMB Control Number 1220– 

0032. The OMB is particularly 

interested in comments that: 

• 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: Bureau of Labor Statistics. 

Type of Review: Extension without 

change of currently approved collection. 

Title of Collection: Annual Refiling 

Survey Forms. 

Form Numbers: Forms BLS–3023– 

(NVS), BLS–3023–(NVM), and BLS– 

3023–NCA. 

OMB Control Number: 1220–0032. 

Affected Public: Business or other forprofit; Not-for-profit institutions, and 

farms. 

Total Estimated Number of 

Respondents: 1,296,334. 

Total Estimated Number of 

Responses: 1,296,334. 

Total Estimated Annual Burden 

Hours: 128,838. 

Total Estimated Annual Costs Burden: 

$0. 

Dated: September 30, 2010. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2010–25106 Filed 10–5–10; 8:45 am] 

BILLING CODE 4510–24–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Exemptions From Certain Prohibited 

Transaction Restrictions 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Grant of Individual Exemptions. 

SUMMARY: This document contains 

exemptions 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: 2010–28, John D. 

Simmons Individual Retirement Act 

(the IRA), D–11597; and 2010–29, 

Boston Carpenters Apprenticeship and 

Training Fund (the Fund), L–11624. 

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 (55 FR 32836, 

32847, August 10, 1990) 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. 

John D. Simmons Individual Retirement 

Account (the IRA) Located in West Chester, 

PA 

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61776 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Notices 

* Pursuant to 29 CFR 2510.3–2(d), the IRA is not 

within the jurisdiction of Title I of the Employee 

Retirement Income Security Act of 1974 (the Act). 

However, there is jurisdiction under Title II of the 

Act pursuant to section 4975 of the Code. 

[Prohibited Transaction Exemption 2010–28; 

Exemption Application No. D–11597] 

Exemption 

The sanctions resulting from the 

application of section 4975(c)(1)(A)–(E) 

of the Code, shall not apply to the sale 

(the Sale) by the IRA to John D. 

Simmons, a disqualified person with 

respect to the IRA,* of a 50 percent 

interest (the Interest) in a condominium, 

provided that the following conditions 

are satisfied: 

(a) The terms and conditions of the 

Sale are at least as favorable to the IRA 

as those obtainable in an arm’s length 

transaction with an unrelated party; 

(b) The Sale is a one-time transaction 

for cash; 

(c) As consideration, the IRA receives 

the fair market value of the Interest as 

determined by a qualified, independent 

appraiser in an updated appraisal on the 

date of Sale; and 

(d) The IRA pays no commissions, 

costs, fees, or other expenses with 

respect to the Sale. 

Written Comment 

In the notice of proposed exemption, 

the Department invited all interested 

persons to submit written comments 

and requests for a hearing within 30 

days from the date of publication of the 

notice of proposed exemption in the 

Federal Register. All comments and 

requests for a hearing were due by 

September 5, 2010. Although the 

Department received no comments or 

requests for a hearing during the 

comment period, the Department 

noticed that Condition (c) of the 

proposal needed to be revised for 

technical accuracy. 

As drafted in the proposal, Condition 

(c) states that as consideration for the 

Sale of the Interest, the IRA will receive 

the lesser of $192,500 or the fair market 

value of the Interest as determined by a 

qualified, independent appraiser in an 

updated appraisal on the date of the 

Sale. The Department intended that the 

IRA should receive the fair market value 

for the Interest on the date of the Sale. 

Therefore, it has deleted the words ‘‘the 

lesser of $192,500 or’’ in Condition (c) 

of the final exemption and notes a 

corresponding change in Representation 

11(b) in the notice of proposed 

exemption. The revised condition now 

reads as follows: 

(c) As consideration, the IRA receives the 

fair market value of the Interest as 

determined by a qualified, independent 

appraiser in an updated appraisal on the date 

of the Sale; 

After giving full consideration to the 

entire record, the Department has 

decided to grant the exemption. The 

complete application file is made 

available for public inspection in the 

Public Disclosure Room of the 

Employee Benefits Security 

Administration, Room N–1513, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

For a more complete statement of the 

facts and representations supporting the 

Department’s decision to grant this 

exemption, refer to the notice of 

proposed exemption published on 

August 6, 2010 at 75 FR 47642. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Anh-Viet Ly of the Department at (202) 

693–8648. (This is not a toll-free 

number.) 

Boston Carpenters Apprenticeship and 

Training Fund (the Fund) Located in 

Boston, Massachusetts 

[Prohibited Transaction Exemption No. PTE 

2010–29; Exemption Application No. L– 

11624] 

Exemption 

The restrictions of 406(b)(1), and 

406(b)(2) of the Act shall not apply 

effective for the period from January 29, 

2010, through June 30, 2010, to the lease 

(the Lease) by the Fund from the 

NERCC, LLC (the Building Corporation), 

a party in interest with respect to the 

Fund, of a condominium unit (the 

Condo) in a building (the Building) 

owned by the Building Corporation, 

where the New England Regional 

Council of Carpenters (the Union), also 

a party in interest with respect to the 

Fund, indirectly owns the only other 

condominium unit in the Building; 

provided that, at the time the 

transaction was entered into, the 

following conditions were satisfied: 

(a) The exemption is conditioned 

upon satisfaction at all times of the 

terms and conditions of this exemption, 

and upon adherence to the material 

facts and representations, as described 

in the Notice of Proposed Exemption 

(the Notice), and, as set forth in 

application D–11624, and in application 

D–11558, including those 

representations that are required by 29 

CFR 2570.34 and 29 CFR 2570.35 of the 

Department’s regulations; 

(b) Prior to entering into the Lease, the 

Fund sought legal advice from Aaron D. 

Krakow, Esq. (Mr. Krakow), acting as 

legal counsel on behalf of the Fund, 

who advised the Fund that it was 

permissible for the Fund to enter into a 

short term lease with the Building 

Corporation, and the Board of Trustees 

of the Fund (the Board) relied on Mr. 

Krakow’s advice; 

(c) The Lease which is the subject of 

this exemption and any other leasing 

arrangement of the Condo between the 

Fund and the Building Corporation and/ 

or the Union terminated on June 30, 

2010; and the Fund shall have no 

obligation to pay rent to the Union or to 

the Building Corporation after the date 

of such termination; 

(d) Before the Fund entered into the 

Lease of the Condo, James F. Grosso, 

Esq. (Mr. Grosso), of O’Reilly, Grosso & 

Gross, PC, acting as attorney for the 

Fund, assisted in the negotiation of the 

terms of the Lease, reviewed and 

approved the terms of such Lease to 

ensure that such terms were at least as 

favorable to the Fund as an arm’s length 

transaction with an unrelated party, 

determined that such terms were fair 

and reasonable, and selected an 

independent, qualified appraiser to 

determine the fair market rental value of 

the Condo; 

(e) Mr. Grosso was responsible 

throughout the duration of the Lease for: 

(i) Monitoring the rent payments made 

by the Fund to ensure that such 

payments were consistent with the 

amount of rental specified under the 

terms of such Lease, (ii) monitoring the 

payments of the Fund’s share of the 

expenses for taxes, insurance, and 

operating expenses (including repairs) 

to ensure that such payments represent 

a fair apportionment of such expenses; 

and (iii) determining that the Fund had 

sufficient assets to pay the rental 

amount and its portion of taxes, 

insurance, and operating expenses 

(including repairs); 

(f) Throughout the duration of the 

Lease, the terms of the Lease of the 

Condo between the Fund and the 

Building Corporation were at all times 

satisfied; 

(g) The rent paid by the Fund for the 

Condo under the terms of the Lease was 

at no time greater than the fair market 

rental value of the Condo, as determined 

by an independent, qualified appraiser 

selected by Mr. Grosso; 

(h) Under the provisions of the Lease, 

the subject transaction was on terms and 

at all times remained on terms that were 

at least as favorable to the Fund as those 

that would have been negotiated under 

similar circumstances at arm’s length 

with an unrelated third party; 

(i) The transaction was appropriate 

and helpful in carrying out the purposes 

for which the Fund is established or 

maintained; 

(j) The Board maintains, or causes to 

be maintained within the United States 

for a period of six (6) years in a manner 

that is convenient and accessible for 

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Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Notices 61777 

audit and examination, such records as 

are necessary to enable the persons 

described, below, in paragraph (k)(1) of 

this exemption to determine whether 

the conditions of this exemption have 

been met; except that— 

(1) If the records necessary to enable 

the persons described, below, in 

paragraph (k)(1) of this exemption to 

determine whether the conditions of 

this exemption have been met are lost 

or destroyed, due to circumstances 

beyond the control of the Board, then no 

prohibited transaction will be 

considered to have occurred solely on 

the basis of the unavailability of those 

records; and 

(2) No party in interest, other than the 

Board shall be subject to the civil 

penalty that may be assessed under 

section 502(i) of the Act, or to the taxes 

imposed by section 4975(a) and (b) of 

the Code, if the records are not 

maintained, or are not available for 

examination as required by paragraph (j) 

of this exemption; and 

(k)(1) Except as provided, below, in 

paragraph (k)(2) of this exemption and 

notwithstanding any provisions of 

sections (a)(2) and (b) of section 504 of 

the Act, the records referred to in 

paragraph (j) of this exemption are 

unconditionally available at their 

customary location for examination 

during normal business hours by: 

(A) Any duly authorized employee or 

representative of the Department, the 

Internal Revenue Service, or any other 

applicable federal or state regulatory 

agency; 

(B) Any fiduciary of the Fund, or any 

duly authorized representative of such 

fiduciary; 

(C) Any contributing employer to the 

Fund and any employee organization 

whose members are covered by the 

Fund, or any duly authorized employee 

or representative of these entities; or 

(D) Any participant or beneficiary of 

the Fund, or any duly authorized 

representative of such participant or 

beneficiary. 

(2) None of the persons described, 

above, in paragraph (k)(1)(B)–(D) of this 

exemption are authorized to examine 

trade secrets or commercial or financial 

information that is privileged or 

confidential. 

For a more complete statement of the 

facts and representations supporting the 

Department’s decision to grant this 

exemption refer to the Notice published 

on June 11, 2010, at 75 FR 33350. 

FOR FURTHER INFORMATION CONTACT: 

Angelena C. Le Blanc of the Department, 

telephone (202) 693–8551 (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. 

Signed at Washington, DC, this 1st day of 

October 2010. 

Ivan Strasfeld, 

Director of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. 2010–25119 Filed 10–5–10; 8:45 am] 

BILLING CODE 4510–29–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice: (10–119)] 

Notice of Information Collection 

AGENCY: National Aeronautics and 

Space Administration (NASA). 

ACTION: Notice of information collection. 

SUMMARY: The National Aeronautics and 

Space Administration, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on proposed and/or 

continuing information collections, as 

required by the Paperwork Reduction 

Act of 1995 (Pub. L. 104–13, 44 U.S.C. 

3506(c)(2)(A)). 

DATES: All comments should be 

submitted within 60 calendar days from 

the date of this publication. 

ADDRESSES: All comments should be 

addressed to Lori Parker, National 

Aeronautics and Space Administration, 

Washington, DC 20546–0001. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument(s) and instructions should 

be directed to Lori Parker, NASA 

Clearance Officer, NASA Headquarters, 

300 E Street SW., JF0000, Washington, 

DC 20546, (202) 358–1351, 

Lori.Parker@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

NASA Johnson Space Center (JSC) 

regularly employs cooperative (Co-op) 

and Intern employees. This information 

is collected from public citizens 

(landlords) in and around the JSC area, 

who may have rooms, residences, or 

apartments available for rent by the coops and interns. Contact information for 

these landlords is compiled and made 

available to co-ops and interns who are 

travelling into the JSC area from distant 

Texas cities or from out-of-state. Access 

to this information, prior to co-op and 

intern arrival, would facilitate advance 

housing arrangements, and ease the 

burden of securing housing after arrival. 

II. Method of Collection 

NASA does not prescribe a format for 

submission, though encourages the use 

of computer technology for submission. 

III. Data 

Title: JSC Cooperative Education 

Program—Housing Availability. 

OMB Number: 2700-xxxx. 

Type of review: Existing Collection in 

use w/o an OMB number. 

Affected Public: Individuals/ 

households. 

Estimated Number of Respondents: 

101. 

Estimated Time per Response: 5 

minutes. 

Estimated Total Annual Burden 

Hours: 8.4 hours. 

Estimated Total Annual Cost: $0.00. 

IV. Request for Comments 

Comments are invited on: (1) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of NASA, including 

whether the information collected has 

practical utility; (2) the accuracy of 

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