8990 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 

to surrounding land uses, utility 

systems, traffic patterns or other 

community considerations. No 

significant adverse on-site impacts as 

defined pursuant to NEPA are 

anticipated as a result of the Action 

alternative. After review of the 

comments received from interested 

agencies and local citizens concerning 

the EA, the BOP signed a FONSI for the 

Action alternative. 

Notice of Availability 

BOP provided written notices of the 

availability of the EA in the local 

newspaper for 4-days with local and 

regional circulations, and through the 

local public library. The BOP also 

distributed approximately 50 copies 

(each) of the EA to Federal and State 

agencies, State and local governments, 

elected officials, interested 

organizations, and individuals. 

Availability of the Finding of No 

Significant Impact 

The FONSI and other information 

regarding this project are available upon 

request. To request a copy of the FONSI, 

please contact: Richard A. Cohn, Chief, 

Capacity Planning and Site Selection 

Branch or Issac J. Gaston, Site Selection 

Specialist, Capacity Planning and Site 

Selection Branch, Federal Bureau of 

Prisons, 320 First Street, NW., 

Washington, DC 20534 Tel: 202–514– 

6470/Fax: 202–616–6024/E-mail: 

rcohn@bop.gov—igaston@bop.gov. 

Dated: February 18, 2009. 

Richard A. Cohn, 

Chief, Capacity Planning and Site Selection 

Branch. 

[FR Doc. E9–3934 Filed 2–26–09; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

February 20, 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 

Occupational Safety and Health 

Administration (OSHA), Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, Telephone: 

202–395–7316/Fax: 202–395–6974 

(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: Occupational Safety and 

Health Administration. 

Type of Review: Extension without 

change of a previously approved 

collection 

Title of Collection: 1,2-Dibromo-3- 

Chloropropane (DBCP) Standard (29 

CFR 1910.1044). 

OMB Control Number: 1218–0101. 

Affected Public: Business or other forprofits. 

Estimated Number of Respondents: 1. 

Estimated Total Annual Burden 

Hours: 1. 

Estimated Total Annual Costs Burden: 

$0. 

Description: The purpose of DBCP 

Standard is to provide protection for 

employees from the adverse health 

effects caused by occupational exposure 

to DBCP. To ensure that employees are 

receiving this protection, the Standard 

requires employers to provide OSHA 

with access to various records. 

However, no employers are currently 

producing or using DBCP; therefore, the 

Standard imposes no cost burdens on 

employers. For additional information, 

see the related 60-day preclearance 

notice published in the Federal Register 

at Vol. 73 FR 58983 on October 8, 2008. 

PRA documentation prepared in 

association with the preclearance notice 

is available on http:// 

www.regulations.gov under docket 

number OSHA–2008–0038. 

Agency: Occupational Safety and 

Health Administration. 

Type of Review: Extension without 

change of a previously approved 

collection. 

Title of Collection: Cadmium in 

General Industry Standard (29 CFR 

1910.1027). 

OMB Control Number: 1218–0185. 

Affected Public: Business or other forprofits. 

Estimated Number of Respondents: 

53,161. 

Estimated Total Annual Burden 

Hours: 92,259. 

Estimated Total Annual Costs Burden: 

$4,644,185. 

Description: The purpose of this 

standard and its information collection 

requirements is to provide protection for 

employees from the adverse health 

effects that may result from 

occupational exposure to cadmium. The 

major information collection 

requirements in the Standard include 

conducting employee exposure 

monitoring, notifying employees of their 

cadmium exposures, implementing a 

written compliance program, 

implementing medical surveillance of 

employees, providing examining 

physicians with specific information, 

ensuring that employees receive a copy 

of their medical surveillance results, 

maintaining employees’ exposure 

monitoring and medical surveillance 

records for specific periods, and 

providing access to these records by 

OSHA, the National Institute for 

Occupational Safety and Health, the 

employee who is the subject of the 

records, the employee’s representative, 

and other designated parties. For 

additional information, see the related 

60-day preclearance notice published in 

the Federal Register at Vol. 73 FR 74199 

on December 5, 2008. PRA 

documentation prepared in association 

with the preclearance notice is available 

on http://www.regulations.gov under 

docket number OSHA–2008–0052. 

Agency: Occupational Safety and 

Health Administration. 

Type of Review: Extension without 

change of a previously approved 

collection. 


rwilkins on PROD1PC63 with NOTICES2
Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 8991 

Title of Collection: Cadmium in 

Construction Standard (29 CFR 

1926.1127). 

OMB Control Number: 1218–0186. 

Affected Public: Business or other forprofits. 

Estimated Number of Respondents: 

10,000. 

Estimated Total Annual Burden 

Hours: 39,331. 

Estimated Total Annual Costs Burden: 

$1,775,457. 

Description: The Cadmium in 

Construction Standard requires 

employers to protect employees from 

the adverse health effects that may 

result from their exposure to cadmium. 

The major information collection 

requirements in the Standard include 

conducting employee exposure 

monitoring, notifying employees of their 

cadmium exposures, implementing a 

written compliance program, 

implementing medical surveillance of 

employees, providing examining 

physicians with specific information, 

ensuring that employees receive a copy 

of their medical surveillance results, 

maintaining employees’ exposure 

monitoring and medical surveillance 

records for specific periods, and 

providing access to these records by 

OSHA, the National Institute for 

Occupational Safety and Health, the 

employee who is the subject of the 

records, the employee’s representative, 

and other designated parties. For 

additional information, see the related 

60-day preclearance notice published in 

the Federal Register at Vol. 73 FR 74197 

on December 5, 2008. PRA 

documentation prepared in association 

with the preclearance notice is available 

on http://www.regulations.gov under 

docket number OSHA–2008–0051. 

Agency: Occupational Safety and 

Health Administration. 

Type of Review: Extension without 

change of a previously approved 

collection. 

Title of Collection: Asbestos in 

Shipyards (29 CFR 1915.1001). 

OMB Control Number: 1218–0195. 

Affected Public: Business or other forprofits. 

Estimated Number of Respondents: 

316. 

Estimated Total Annual Burden 

Hours: 1,624. 

Estimated Total Annual Costs Burden: 

$37,798. 

Description: The information 

collection requirements specified in the 

Asbestos in Shipyards Standard protect 

employees from the adverse health 

effects that may result from 

occupational exposure to asbestos. The 

major information collection 

requirements in the Standard include: 

Implementing an exposure monitoring 

program that informs employees of their 

exposure-monitoring results; 

At multi-employer worksites, 

notification of other on-site employers 

by employers establishing regulated 

areas for the type of work performed 

with asbestos-containing materials 

(ACMs) and/or presumed asbestoscontaining materials (PACMs), the 

requirements that pertain to regulated 

areas and the measures the employers 

can use to protect their employees from 

asbestos overexposure; 

Developing specific information and 

training programs for employees; 

Providing medical surveillance for 

employees potentially exposed to ACMs 

and/or PACMs, including administering 

an employee medical questionnaire, 

providing information to the examining 

physician, and providing the 

physician’s written opinion to the 

employee; and 

Maintaining records of objective data 

used for exposure determinations, 

employee exposure monitoring and 

medical surveillance records, training 

records, the record (i.e., information, 

data, and analyses) used to demonstrate 

that PACM does not contain asbestos, 

and notifications made and received by 

building/facility owners regarding the 

content of ACMs and PACMs. For 

additional information, see the related 

60-day preclearance notice published in 

the Federal Register at Vol. 73 FR 65683 

on November 4, 2008. PRA 

documentation prepared in association 

with the preclearance notice is available 

on http://www.regulations.gov under 

docket number OSHA–2008–0048. 

Agency: Occupational Safety and 

Health Administration. 

Type of Review: Extension without 

change of a previously approved 

collection. 

Title of Collection: Longshoring and 

Marine Terminal Operations (29 C.F.R. 

parts 1918 and 1917, respectively). 

OMB Control Number: 1218–0196. 

Affected Public: Business or other forprofits. 

Estimated Number of Respondents: 

750. 

Estimated Total Annual Burden 

Hours: 35,948. 

Estimated Total Annual Costs Burden: 

$0. 

Description: The Standards on 

Longshoring and Marine Terminal 

Operations contain a number of 

collections of information which are 

used by employers to ensure that 

employees are informed properly about 

the safety and health hazards associated 

with longshoring and marine terminal 

operations. OSHA uses the records 

developed in response to the collection 

of information requirements to find out 

if employers are complying adequately 

with the provisions of the Standards. 

For additional information, see the 

related 60-day preclearance notice 

published in the Federal Register at 

Vol. 73 FR 74527 on December 8, 2008. 

A corrections notice to this Federal 

Register notice was published at Vol. 73 

FR 77074 on December 18, 2008. PRA 

documentation prepared in association 

with the preclearance notice is available 

on http://www.regulations.gov under 

docket number OSHA–2008–0050. 

Agency: Occupational Safety and 

Health Administration. 

Type of Review: Extension without 

change of a previously approved 

collection. 

Title of Collection: Hazardous Waste 

Operations and Emergency Response 

(HAZWOPER) (29 CFR 1910.120). 

OMB Control Number: 1218–0202. 

Affected Public: Business or other forprofits. 

Estimated Number of Respondents: 

34,812. 

Estimated Total Annual Burden 

Hours: 1,199,954. 

Estimated Total Annual Costs Burden: 

$3,111,762. 

Description: Section 126(e) of the 

‘‘Superfund Amendments and 

Reauthorization Act of 1986’’ (SARA) 

(Pub. L. 99–499) which became law on 

October 17, 1986, required the Secretary 

of Labor, pursuant to Section 6 of the 

Occupational Safety and Health Act of 

1970 (the Act), to promulgate standards 

for the safety and health protection of 

employees engaged in hazardous waste 

operations and emergency response. 

Section 126(a) of SARA also specified 

that those standards were to become 

effective a year after publication. 

Section 126(b) lists 11 worker protection 

provisions that the Secretary of Labor 

had to include in OSHA’s final 

standard. Those provisions require 

OSHA to address the preparation of 

various written programs, plans and 

records; the training of employees; the 

monitoring of airborne hazards; the 

conduct of medical surveillance; and 

the distribution of information to 

employees. The provisions also require 

the collection of information from 

employers engaged in hazardous waste 

operations and their emergency 

response to such operations. The final 

standard covers the provisions 

mandated in SARA. For additional 

information, see the related 60-day 

preclearance notice published in the 

Federal Register at Vol. 73 FR 77072 on 

December 18, 2008. PRA documentation 

prepared in association with the 

preclearance notice is available on 


rwilkins on PROD1PC63 with NOTICES2
8992 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 

1For purposes of this exemption, references to 

section 406 of ERISA should be read to refer as well 

to the corresponding provisions of section 4975 of 

the Code. 

2This exemption does not address tax issues. The 

Department has been informed by the Internal 

Revenue Service and the Department of the 

Treasury that they are considering providing 

limited relief from the requirements of sections 

72(t)(4), 401(a)(9), and 4974 of the Code with 

respect to retirement plans that hold Auction Rate 

Securities. The Department has also been informed 

by the Internal Revenue Service that if Auction Rate 

http://www.regulations.gov under 

docket number OSHA–2008–0049. 

Darrin A. King, 

Departmental Clearance Officer. 

[FR Doc. E9–4234 Filed 2–26–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Prohibited Transaction Exemptions 

and Grant of Individual Exemptions 

Involving: D–11481, CitiGroup Inc. 

2009–06; D–11484, Robert W. Baird & 

Co. Incorporated, 2009–07; D–11490 

Raymond James & Associates, Inc., 

2009–08; and Northwestern Mutual 

Investment Services, LLC 

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). 

FOR FURTHER INFORMATION CONTACT: 

Chris Motta of the Department, 

telephone (202) 693–8540. (This is not 

a toll-free number.) 

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. 

Citigroup, Inc., Located in New York, 

New York 

[Prohibited Transaction Exemption 2009–06; 

Exemption Application Number D–11481] 

Exemption 

Section I. Transactions Involving Plans 

Described in Both Title I and Title II of 

ERISA 

The restrictions of section 

406(a)(1)(A) through (D) and section 

406(b) of ERISA, and the taxes imposed 

by section 4975(a) and (b) of the Code, 

by reason of section 4975(c)(1) of the 

Code, shall not apply, effective February 

1, 2008, to the following transactions, if 

the conditions set forth in section III 

have been met: 1

(a) The sale or exchange of an Auction 

Rate Security (as defined in section IV 

(b)) by a Plan (as defined in section 

IV(h)) to the Sponsor (as defined in 

section IV (g)) of such Plan; or 

(b) A lending of money or other 

extension of credit to a Plan in 

connection with the holding of an 

Auction Rate Security by the Plan, from: 

(1) Citigroup, Inc. or an affiliate 

(Citigroup); (2) an Introducing Broker 

(as defined in section IV (f)); or (3) a 

Clearing Broker (as defined in section IV 

(d)); where the loan is: (i) repaid in 

accordance with its terms; and (ii) 

guaranteed by the Plan Sponsor. 

II. Transactions Involving Plans 

Described in Title II of ERISA Only 

The sanctions resulting from the 

application of section 4975(a) and (b) of 

the Code, by reason of section 4975(c)(1) 

of the Code, shall not apply, effective 

February 1, 2008, to the following 

transactions, if the conditions set forth 

in section III have been met: 

(a) The sale or exchange of an Auction 

Rate Security by a Title II Only Plan (as 

defined in section IV(i)) to the 

Beneficial Owner (as defined in section 

IV(c)) of such Plan; or 

(b) A lending of money or other 

extension of credit to a Title II Only 

Plan in connection with the holding of 

an Auction Rate Security by the Title II 

Only Plan, from: (1) Citigroup; (2) an 

Introducing Broker; or (3) a Clearing 

Broker; where the loan is: (i) repaid in 

accordance with its terms and; (ii) 

guaranteed by the Beneficial Owner. 

III. Conditions 

(a) Citigroup acted as a broker or 

dealer, non-bank custodian, or fiduciary 

in connection with the acquisition or 

holding of the Auction Rate Security 

that is the subject of the transaction; 

(b) For transactions involving a Plan 

(including a Title II Only Plan) not 

sponsored by Citigroup for its own 

employees, the decision to enter into the 

transaction is made by a Plan fiduciary 

who is Independent (as defined in 

section IV(e)) of Citigroup. 

Notwithstanding the foregoing, an 

employee of Citigroup who is the 

Beneficial Owner of a Title II Only Plan 

may direct such Plan to engage in a 

transaction described in section II, if all 

of the other conditions of this section III 

have been met; 

(c) The last auction for the Auction 

Rate Security was unsuccessful; 

(d) The Plan does not waive any rights 

or claims in connection with the loan or 

sale as a condition of engaging in the 

above-described transaction; 

(e) The Plan does not pay any fees or 

commissions in connection with the 

transaction; 

(f) The transaction is not part of an 

arrangement, agreement or 

understanding designed to benefit a 

party in interest; 

(g) With respect to any sale described 

in section I (a) or section II(a): 

(1) The sale is for no consideration 

other than cash payment against prompt 

delivery of the Auction Rate Security; 

and 

(2) For purposes of the sale, the 

Auction Rate Security is valued at par, 

plus any accrued but unpaid interest; 2


rwilkins on PROD1PC63 with NOTICES2