Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 12159 

each individual seeking unescorted 

access to an ISFSI, to the Director of the 

Division of Facilities and Security, 

marked for the attention of the 

Division’s Criminal History Check 

Section. Copies of these forms may be 

obtained by writing the Office of 

Information Services, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, by calling (301) 415– 

5877, or by e-mail to forms@nrc.gov. 

Practicable alternative formats are set 

forth in 10 CFR 73.4. The licensee shall 

establish procedures to ensure that the 

quality of the fingerprints taken results 

in minimizing the rejection rate of 

fingerprint cards due to illegible or 

incomplete cards. 

2. The NRC will review submitted 

fingerprint cards for completeness. Any 

Form FD–258 fingerprint record 

containing omissions or evident errors 

will be returned to the licensee for 

corrections. The fee for processing 

fingerprint checks includes one resubmission if the initial submission is 

returned by the FBI because the 

fingerprint impressions cannot be 

classified. The one free resubmission 

must have the FBI Transaction Control 

Number reflected on the re-submission. 

If additional submissions are necessary, 

they will be treated as initial submittals 

and will require a second payment of 

the processing fee. 

3. Fees for processing fingerprint 

checks are due upon application. The 

licensee shall submit payment of the 

processing fees electronically. In order 

to be able to submit secure electronic 

payments, licensees will need to 

establish an account with Pay.Gov 

(https://www.pay.gov). To request an 

account, the licensee shall send an email to det@nrc.gov. The e-mail must 

include the licensee’s company name, 

address, point of contact (POC), POC email address, and phone number. The 

NRC will forward the request to 

Pay.Gov; who will contact the licensee 

with a password and user lD. Once 

licensees have established an account 

and submitted payment to Pay.Gov, they 

shall obtain a receipt. The licensee shall 

submit the receipt from Pay.Gov to the 

NRC along with fingerprint cards. For 

additional guidance on making 

electronic payments, contact the 

Facilities Security Branch, Division of 

Facilities and Security, at (301) 415– 

7739. Combined payment for multiple 

applications is acceptable. The 

application fee (currently $36) is the 

sum of the user fee charged by the FBI 

for each fingerprint card or other 

fingerprint record submitted by the NRC 

on behalf of a licensee, and an NRC 

processing fee, which covers 

administrative costs associated with 

NRC handling of licensee fingerprint 

submissions. The Commission will 

directly notify licensees who are subject 

to this regulation of any fee changes. 

4. The Commission will forward to 

the submitting licensee all data received 

from the FBI as a result of the licensee’s 

application(s) for criminal history 

records checks, including the FBI 

fingerprint record. 

F. Right To Correct and Complete 

Information 

1. Prior to any final adverse 

determination, the licensee shall make 

available to the individual the contents 

of any criminal history records obtained 

from the FBI for the purpose of assuring 

correct and complete information. 

Written confirmation by the individual 

of receipt of this notification must be 

maintained by the licensee for a period 

of one (1) year from the date of 

notification. 

2. If, after reviewing the record, an 

individual believes that it is incorrect or 

incomplete in any respect and wishes to 

change, correct, or update the alleged 

deficiency, or to explain any matter in 

the record, the individual may initiate 

challenge procedures. These procedures 

include either direct application by the 

individual challenging the record to the 

agency (i.e., law enforcement agency) 

that contributed the questioned 

information, or direct challenge as to the 

accuracy or completeness of any entry 

on the criminal history record to the 

Assistant Director, Federal Bureau of 

Investigation Identification Division, 

Washington, DC 20537–9700 (as set 

forth in 28 CFR 16.30 through 16.34). In 

the latter case, the FBI forwards the 

challenge to the agency that submitted 

the data and requests that agency to 

verify or correct the challenged entry. 

Upon receipt of an official 

communication directly from the agency 

that contributed the original 

information, the FBI Identification 

Division makes any changes necessary 

in accordance with the information 

supplied by that agency. The licensee 

must provide at least ten (10) days for 

an individual to initiate an action 

challenging the results of a FBI CHRC 

after the record is made available for 

his/her review. The licensee may make 

a final access determination based upon 

the criminal history record only upon 

receipt of the FBI’s ultimate 

confirmation or correction of the record. 

Upon a final adverse determination on 

access to an ISFSI, the licensee shall 

provide the individual its documented 

basis for denial. Access to an ISFSI shall 

not be granted to an individual during 

the review process. 

G. Protection of Information 

1. The licensee shall develop, 

implement, and maintain a system for 

personnel information management 

with appropriate procedures for the 

protection of personal, confidential 

information. This system shall be 

designed to prohibit unauthorized 

access to sensitive information and to 

prohibit modification of the information 

without authorization. 

2. Each licensee who obtains a 

criminal history record on an individual 

pursuant to this Order shall establish 

and maintain a system of files and 

procedures, for protecting the record 

and the personal information from 

unauthorized disclosure. 

3. The licensee may not disclose the 

record or personal information collected 

and maintained to persons other than 

the subject individual, his/her 

representative, or to those who have a 

need to access the information in 

performing assigned duties in the 

process of determining suitability for 

unescorted access to the protected area 

of an ISFSI. No individual authorized to 

have access to the information may redisseminate the information to any 

other individual who does not have the 

appropriate need-to-know. 

4. The personal information obtained 

on an individual from a criminal history 

record check may be transferred to 

another licensee if the gaining licensee 

receives the individual’s written request 

to re-disseminate the information 

contained in his/her file, and the 

gaining licensee verifies information 

such as the individual’s name, date of 

birth, social security number, sex, and 

other applicable physical characteristics 

for identification purposes. 

5. The licensee shall make criminal 

history records, obtained under this 

section, available for examination by an 

authorized representative of the NRC to 

determine compliance with the 

regulations and laws. 

[FR Doc. E9–6246 Filed 3–20–09; 8:45 am] 

BILLING CODE 7590–01–P 

RAILROAD RETIREMENT BOARD 

Agency Forms Submitted for OMB 

Review, Request for Comments 

Summary: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Railroad 

Retirement Board (RRB) is forwarding 

two (2) Information Collection Requests 

(ICR) to the Office of Information and 

Regulatory Affairs (OIRA), Office of 

Management and Budget (OMB). Our 

ICR describes the information we seek 


dwashington3 on PROD1PC60 with NOTICES
12160 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 

to collect from the public. Review and 

approval by OIRA ensures that we 

impose appropriate paperwork burdens. 

The RRB invites comments on the 

proposed collections of information to 

determine (1) The practical utility of the 

collections; (2) the accuracy of the 

estimated burden of the collections; (3) 

ways to enhance the quality, utility and 

clarity of the information that is the 

subject of collection; and (4) ways to 

minimize the burden of collections on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments to RRB or OIRA must contain 

the OMB control number of the ICR. For 

proper consideration of your comments, 

it is best if RRB and OIRA receive them 

within 30 days of publication date. 

1. Title and Purpose of Information 

Collection: Employer’s Quarterly Report 

of Contributions Under the RUIA, RRB 

Form DC–1; OMB 3220–0012. 

Under Section 8 of the Railroad 

Unemployment Insurance Act (RUIA), 

as amended by the Railroad 

Unemployment Improvement Act of 

1988 (Pub. L. 100–647), the amount of 

each employer’s contribution is 

determined by the RRB, primarily on 

the basis of RUIA benefit payments 

made to the employees of that employer. 

These experienced based contributions, 

take into account the frequency, volume 

and duration of RUIA benefits, both 

unemployment and sickness, 

attributable to a railroad’s employees. 

Each employer’s contribution rate 

includes a component for administrative 

expenses and a component to cover 

costs shared by all employers. The 

regulations prescribing the manner and 

conditions for remitting the 

contributions and for adjusting 

overpayments or underpayments of 

contributions are contained in 20 CFR 

345. 

RRB Form DC–1, Employer’s 

Quarterly Report of Contributions Under 

the Railroad Unemployment Insurance 

Act, is currently utilized by the RRB for 

the reporting and remitting of quarterly 

contributions by railroad employers. 

The RRB utilizes a manual version of 

Form DC–1 and also provides railroad 

employers with the option of reporting 

the required information and remitting 

their quarterly contributions via an 

Internet equivalent version Form DC–1. 

One response is requested quarterly of 

each respondent and completion is 

mandatory. The estimated completion 

for the manual and Internet version of 

Form DC–1 is estimated at 25 minutes. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (74 FR 3115 on January 

16, 2009) required by 44 U.S.C. 

3506(c)(2). That request elicited no 

comments. 

Information Collection Request (ICR) 

Title: Employer’s Quarterly Report of 

Contributions Under the RUIA. 

Form(s) submitted: DC–1. 

OMB Control Number: 3220–0012. 

Expiration date of current OMB 

clearance: 3/31/2009. 

Type of request: Extension without 

change of a currently approved 

collection. 

Affected Public: Business or other forprofit. 

Estimated annual number of 

respondents: 540. 

Total annual responses: 2,160. 

Total annual reporting hours: 900. 

Abstract: Railroad employers are 

required to make contributions to the 

Railroad Unemployment Insurance fund 

quarterly or annually equal to a 

percentage of the creditable 

compensation paid to each employee. 

The information furnished on the report 

accompanying the remittance is used to 

determine correctness of the amount 

paid. 

Changes Proposed: The RRB proposes 

no changes to Form DC–1. 

2. Title and Purpose of Information 

Collection: Applicant Background 

Survey: RRB Form EEO–44, OMB 3220– 

0201. 

This information collection is needed 

to comply with Federal laws and 

regulations. 5 U.S.C. Chapter 72 section 

7201 establishes an anti-discrimination 

policy. Title VII of the Civil Rights Act 

of 1964, section 2000e–8 [section 709], 

requires agencies to make and keep 

relevant records to identify unlawful 

employment practices. 29 CFR section 

1602 allows agencies to collect data to 

determine if there is any adverse impact 

on employment practices such as 

recruitment or selection. 

The RRB’s Equal Employment Office 

collects data to assess the impact of the 

agency’s recruitment processes on the 

hiring of minorities, women and people 

with disabilities. To obtain the 

information necessary to conduct a 

proper assessment, the RRB utilizes 

Form EEO–44, Applicant Background 

Survey, which collects information 

about the racial or ethnic identity, 

gender and disability of applicants for 

RRB jobs from outside of the Federal 

government. 

Form EEO–44 is only viewed by RRB 

Human Resources personnel and Equal 

Employment Opportunity officials. 

Summarized data from all external 

applicants for a position is used to 

identify hiring barriers which limit or 

tends to limit employment 

opportunities for members of a 

particular sex, race, or ethnic 

background, or based on an individual’s 

disability status. 

The EEO–44 contains a ‘‘Plain 

English’’ assurance that the information 

will be kept highly confidential and 

only shared with authorized RRB 

officials. This assurance specifically 

states that the information obtained is 

kept as a running tally which cannot be 

disaggregated into individual names, 

that information from the form is not 

entered into the RRB’s personnel 

database, that the information is not 

provided to selecting officials or any 

others who can affect the selection, or 

to the public, and that the form is 

destroyed after the position is filled. 

The information maintained does not 

include the applicant’s name or other 

identifier. 

Completion of one form EEO–44 is 

requested of each respondent and 

completion is voluntary. The RRB 

estimates the completion time Form 

EEO–44 at 5 minutes. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (74 FR 3115 on January 

16, 2008) required by 44 U.S.C. 

3506(c)(2). That request elicited no 

comments. 

Information Collection Request (ICR) 

Title: Applicant Background Survey. 

Form(s) submitted: EEO–44. 

OMB Control Number: 3220–0201. 

Expiration date of current OMB 

clearance: 3/31/2009. 

Type of request: Extension without 

change of a currently approved 

collection. 

Affected Public: Individuals or 

Households, Business or other for-profit. 

Estimated annual number of 

respondents: 800. 

Total annual responses: 800. 

Total annual reporting hours: 67. 

Abstract: To meet reporting 

requirements of Equal Employment 

Opportunity Commission (EEO) 

Management Directive 715, the RRB 

collects information needed to properly 

assess the impact of its recruitment 

process on the hiring of minorities, 

women, and people with disabilities. 

Changes Proposed: The RRB proposes 

no changes to Form EEO–44. 

Additional Information or Comments: 

Copies of the form and supporting 

documents can be obtained from 

Charles Mierzwa, the agency clearance 

officer at (312–751–3363) or 

Charles.Mierzwa@rrb.gov. 

Comments regarding the information 

collection should be addressed to 

Ronald J. Hodapp, Railroad Retirement 

Board, 844 North Rush Street, Chicago, 

Illinois, 60611–2092 or 


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Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 12161 

1All references to the term ‘‘Adviser’’ include 

successors-in-interest to the Adviser. Successors-ininterest are limited to any entity resulting from a 

name change, a reorganization of the Adviser into 

another jurisdiction or a change in the type of 

business organization. 

2As of the date of the application, the Underlying 

Funds include the following series of MFS Series 

Trust I: MFS Core Growth Fund, MFS New 

Discovery Fund, MFS Research International Fund, 

MFS Value Fund; the following series of MFS 

Series Trust III: MFS High Income Fund; the 

following series of MFS Series Trust IV: MFS Mid 

Cap Growth Fund, MFS Money Market Fund; the 

following series of MFS Series Trust V: MFS 

International New Discovery Fund, MFS Research 

Fund; the following series of MFS Series Trust IX: 

MFS Inflation-Adjusted Bond Fund, MFS Limited 

Maturity Fund, MFS Research Bond Fund; the 

following series of MFS Series Trust X: MFS 

Emerging Markets Equity Fund, MFS Floating Rate 

High Income Fund, MFS International Growth 

Fund, MFS International Value Fund; the following 

series of MFS Series Trust XI: MFS Mid Cap Value 

Fund; and the following series of MFS Series Trust 

XIII: MFS Government Securities Fund. 

3All entities that currently intend to rely on the 

requested order are named as applicants. Any other 

entity that relies on the order in the future will 

comply with the terms and conditions of the 

application. An Unrelated Fund of Funds may rely 

on the requested order only to invest in an 

Underlying Fund and not in any other registered 

investment company. 

Ronald.Hodapp@rrb.gov and to the 

OMB Desk Officer for the RRB, at the 

Office of Management and Budget, 

Room 10230, New Executive Office 

Building, Washington, DC 20503. 

Charles Mierzwa, 

Clearance Officer. 

[FR Doc. E9–6223 Filed 3–20–09; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28649; 812–13519] 

Massachusetts Financial Services 

Company, et al.; Notice of Application 

March 17, 2009. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application for an 

order under section 12(d)(1)(J) of the 

Investment Company Act of 1940 (the 

‘‘Act’’) for an exemption from sections 

12(d)(1)(A) and (B) of the Act, under 

sections 6(c) and 17(b) of the Act for an 

exemption from sections 17(a)(1) and (2) 

of the Act, and under section 6(c) of the 

Act for an exemption from rule 12d1– 

2(a) under the Act. 

Summary of the Application: The 

requested order would (a) permit certain 

registered management investment 

companies to acquire shares of certain 

registered open-end management 

investment companies that are outside 

the same group of investment 

companies as the acquiring investment 

companies, and (b) permit funds of 

funds relying on rule 12d1–2 under the 

Act to invest in certain financial 

instruments. 

Applicants: MFS Series Trust I, MFS 

Series Trust III, MFS Series Trust IV, 

MFS Series Trust V, MFS Series Trust 

IX, MFS Series Trust X, MFS Series 

Trust XI, MFS Series Trust XII, and MFS 

Series Trust XIII (collectively, the 

‘‘Trusts’’), Massachusetts Financial 

Services Company (the ‘‘Adviser’’), and 

MFS Fund Distributors, Inc. (the 

‘‘Distributor’’). 

Filing Dates: The application was 

filed on April 17, 2008, and amended on 

November 26, 2008. Applicants have 

agreed to file an amendment during the 

notice period, the substance of which is 

contained in this notice. 

Hearing or Notification of Hearing: An 

order granting the application will be 

issued unless the Commission orders a 

hearing. Interested persons may request 

a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on April 13, 2009, and 

should be accompanied by proof of 

service on applicants, in the form of an 

affidavit or, for lawyers, a certificate of 

service. Hearing requests should state 

the nature of the writer’s interest, the 

reason for the request, and the issues 

contested. Persons who wish to be 

notified of a hearing may request 

notification by writing to the 

Commission’s Secretary. 

ADDRESSES: Secretary, U.S. Securities 

and Exchange Commission, 100 F 

Street, NE., Washington, DC 20549– 

1090. Applicants, 500 Boylston Street, 

Boston, MA 02116. 

FOR FURTHER INFORMATION CONTACT: 

Christine Y. Greenlees, Senior Counsel, 

at (202) 551–6879, or Mary Kay Frech, 

Branch Chief, at (202) 551–6821 

(Division of Investment Management, 

Office of Investment Company 

Regulation). 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained for a fee at the Public 

Reference Desk, U.S. Securities and 

Exchange Commission, 100 F Street, 

NE., Washington DC 20549–0102 

(telephone (202) 551–5850). 

Applicants’ Representations 

1. The Trusts are open-end 

management investment companies 

registered under the Act and organized 

as Massachusetts business trusts. Each 

Trust is comprised of separate series 

that pursue distinct investment 

objectives and strategies. The Trusts are 

part of the same ‘‘group of investment 

companies’’ within the meaning of 

section 12(d)(1)(G)(ii) of the Act. The 

Adviser, a Delaware corporation, is 

registered as an investment adviser 

under the Investment Advisers Act of 

1940 (‘‘Advisers Act’’) and serves as 

investment adviser to the Trusts.1 The 

Distributor is a Delaware corporation 

and is registered as a broker-dealer 

under the Securities Exchange Act of 

1934 (the ‘‘Exchange Act’’). The 

Distributor serves as principal 

underwriter and distributor for the 

shares of the Underlying Funds (as 

defined below) and the Related Funds of 

Funds (as defined below). 

2. Applicants request an exemption to 

permit registered management 

investment companies that operate as a 

‘‘fund of funds’’ and that are not part of 

the same ‘‘group of investment 

companies,’’ within the meaning of 

section 12(d)(1)(G)(ii) of the Act, as the 

Trusts (‘‘Unrelated Funds of Funds’’) to 

acquire shares of separate series of the 

Trusts that do not operate as ‘‘funds of 

funds’’ (‘‘Underlying Funds’’) 2 in excess 

of the limits in section 12(d)(1)(A) of the 

Act, and to permit Underlying Funds, 

any principal underwriter for an 

Underlying Fund, and any broker or 

dealer registered under the Exchange 

Act (‘‘Broker’’) to sell shares of an 

Underlying Fund to an Unrelated Fund 

of Funds in excess of the limits in 

section 12(d)(1)(B) of the Act. 

Applicants request that the relief apply 

to: (1) Each registered open-end 

management investment company or 

series thereof that currently or 

subsequently is part of the same ‘‘group 

of investment companies,’’ within the 

meaning of section 12(d)(1)(G)(ii) of the 

Act, as the Trusts, and that is advised 

or sponsored by the Adviser or any 

entity controlling, controlled by, or 

under common control with the Adviser 

(such registered open-end management 

investment companies or their series are 

included in the term ‘‘Underlying 

Funds’’); (2) each Unrelated Fund of 

Funds that enters into a Participation 

Agreement (as defined below) with an 

Underlying Fund to purchase shares of 

the Underlying Fund; and (3) any 

principal underwriter to an Underlying 

Fund or Broker selling shares of an 

Underlying Fund.3

3. Each Unrelated Fund of Funds will 

be advised by an investment adviser, 

within the meaning of section 

2(a)(20)(A) of the Act, that is registered 

as an investment adviser under the 

Advisers Act (an ‘‘Unrelated Fund of 


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