34054 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices 

8See the Department’s Plan Assets Regulation. 29 

CFR part 2510.3–101 (51 FR 41280, Nov. 13, 1986), 

as amended at 51 FR 47226, (Dec. 31, 1986). 

1The Department made several attempts to 

contact the requestor for further information. 

However, no response was received. 

is invested in the Fund. In the case of 

multiple plans maintained by the same 

employer, or by members of a controlled 

group, whose assets are invested on a 

commingled basis (e.g., through a 

master trust), the 5% limit applies to the 

aggregate assets of the commingled 

entity; 

(e) Neither Mitsubishi Bank, nor any 

Lender, has discretionary authority or 

control with respect to a Covered Plan’s 

investment in the Fund nor renders 

investment advice (within the meaning 

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

such investment; 

(f) Upon request, the Covered Plan 

fiduciaries must receive from Mitsubishi 

Bank, a copy of this notice of proposed 

exemption and a copy of the final 

exemption, as published in the Federal 

Register; 

(g) Mitsubishi Bank receives from the 

Covered Plan fiduciaries a written 

representation, or a written 

authorization, that permits Mitsubishi 

Bank to rely on a written representation 

made to the Fund, that the conditions 

set forth above in Section III(a), (c), and 

(d) are satisfied for such transaction 

with respect to the Covered Plan for 

which they are fiduciaries; 

(h) No Covered Transaction is part of 

an arrangement, agreement or 

understanding, designed to benefit a 

party in interest or disqualified person 

with respect to a Covered Plan. 

(i) The Funds will not hold ‘‘plan 

assets’’ for purposes of ERISA or Code 

section 4975; 8

(j) Any service covered by the 

exemption must be necessary for the 

establishment or operation of the plan, 

and no more than reasonable 

compensation may be paid; 

(k) No Lender will have any 

influence, authority, or control over a 

Client Plan’s investment in the Fund; 

and 

(l) All the facts and representations 

set forth in the Summary of Facts and 

Representations are true and accurate. 

Effective Date: The proposed 

exemption, if granted, will be effective 

as of the date that the notice of final 

exemption is published in the Federal 

Register. 

Signed at Washington, DC, this 22nd day 

of June, 2021. 

Christopher Motta, 

Chief, Division of Individual Exemptions, 

Office of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. 2021–13676 Filed 6–25–21; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

[Prohibited Transaction Exemption 2021– 

03; Exemption Application Nos. L–12000 & 

L–12001] 

Exemption From Certain Prohibited 

Transaction Restrictions Involving the 

Electrical Insurance Trustees 

Insurance Fund and the Electrical Joint 

Apprenticeship and Training Trust (the 

Plans or the Applicants) Located in 

Alsip, Illinois 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Notice of Exemption. 

SUMMARY: This document contains a 

notice of an exemption 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). The exemption 

permits: (a) The sale (the Sale) by the 

Electrical Joint Apprenticeship and 

Training Trust (the EJAT Trust) of 5.11 

acres of unimproved real property (the 

Property) to the Electrical Insurance 

Trustees Insurance Fund (the EIT Fund), 

a party in interest with respect to the 

EJAT Trust; and (b) the EIT Fund’s 

granting of a right of first offer (the Right 

of First Offer) to the EJAT Trust to 

purchase the Property back from the EIT 

Fund, provided all of the conditions 

described below are satisfied. 

DATES: This exemption will be in effect 

on the date that this grant notice is 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Joseph Brennan of the Department at 

(202) 693–8456. (This is not a toll-free 

number.) 

SUPPLEMENTARY INFORMATION: On March 

22, 2021, the Department published a 

notice of proposed exemption in the 

Federal Register at 86 FR 15258, 

permitting: (a) The Sale by the EJAT 

Trust of the Property to the EIT Fund, 

a party in interest with respect to the 

EJAT Trust; and (b) the EIT Fund’s 

granting of the Right of First Offer to the 

EJAT Trust to purchase the Property 

back from the EIT Fund. 

This exemption provides only the 

relief specified in the text of the 

exemption. It provides no relief from 

violations of any law other than the 

prohibited transaction provisions of 

ERISA. 

The Department makes the requisite 

findings under ERISA section 408(a) 

based on adherence to all of the 

conditions of the exemption. 

Accordingly, affected parties should be 

aware that the conditions incorporated 

in this exemption are, taken as a whole, 

necessary for the Department to grant 

the relief requested by the Applicants. 

Absent these or similar conditions, the 

Department would not have granted this 

exemption. 

The Applicants requested an 

individual exemption pursuant to 

ERISA section 408(a) in accordance 

with the procedures set forth in 29 CFR 

part 2570, subpart B (76 FR 66637, 

66644, October 27, 2011). Effective 

December 31, 1978, section 102 of the 

Reorganization Plan No. 4 of 1978, 5 

U.S.C. App. 1 (1996), transferred the 

authority of the Secretary of the 

Treasury to issue administrative 

exemptions under section 4975(c)(2) of 

the Code to the Secretary of Labor. 

Accordingly, the Department grants this 

exemption under its sole authority. 

Written Comments 

In the proposed exemption, the 

Department invited all interested 

persons to submit written comments 

and/or requests for a public hearing 

with respect to the notice of proposed 

exemption. All comments and requests 

for a hearing were due to the 

Department by May 6, 2021. The 

Department received one written 

comment and one request for a public 

hearing. The commenter raised no 

substantive issues regarding the 

proposed transactions, and the hearing 

requestor provided no reasons for 

requesting the hearing.1 Accordingly, 

after considering the entire record 

developed in connection with the 

Applicants’ exemption requests, the 

Department has determined to grant the 

exemption described below. The 

exemption contains minor clarifications 

to the proposal. 

The complete application files 

(L–12000 & L–12001) are available for 

public inspection in the Public 

Disclosure Room of the Employee 

Benefits Security Administration, Room 

N–1515, 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 

March 22, 2021, at 86 FR 15258. 

General Information 

The attention of interested persons is 

directed to the following: 


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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices 34055 

2The EIT Fund is a party in interest with respect 

to the EJAT Trust under section 3(14)(C) of the Act 

because it is an employer whose employees 

participate in the EJAT Fund. 

(1) The fact that a transaction is the 

subject of an exemption under ERISA 

section 408(a) does not relieve a 

fiduciary or other party in interest from 

certain requirements of other ERISA 

provisions, including any prohibited 

transaction provisions to which the 

exemption does not apply and the 

general fiduciary responsibility 

provisions of ERISA section 404, which, 

among other things, require a fiduciary 

to discharge his or her duties respecting 

the plan solely in the interest of the 

plan’s participants and beneficiaries and 

in a prudent fashion in accordance with 

ERISA section 404(a)(1)(B). 

(2) As required by ERISA section 

408(a), the Department hereby finds that 

the exemption is (1) administratively 

feasible, (2) in the interests of affected 

plans and of their participants and 

beneficiaries, and (3) protective of the 

rights of participants and beneficiaries 

of such plans; 

(3) The exemption is supplemental to, 

and not in derogation of, any other 

ERISA provisions, 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 determining whether 

the transaction is in fact a prohibited 

transaction; and 

(4) The availability of this exemption 

is subject to the express condition that 

the material facts and representations 

contained in the application accurately 

describe all material terms of the 

transaction that are the subject of the 

exemption. 

Accordingly, the following exemption 

is granted under the authority of ERISA 

section 408(a)and in accordance with 

the procedures set forth in 29 CFR part 

2570, subpart B (76 FR 66637, 66644, 

October 27, 2011): 

Exemption 

Section I. Covered Transactions 

The restrictions of ERISA sections 

406(a)(1)(A), 406(a)(1)(D), 406(b)(1), and 

406(b)(2) shall not apply to: (a) EJAT 

Trust’s sale of the Property to the EIT 

Fund, which is a party in interest with 

respect to the EJAT Trust; 2 and (b) the 

EIT Fund’s grant of the Right of First 

Offer to the EJAT Trust to purchase the 

Property back from the EIT Fund, 

provided conditions set forth in (a) 

through (l) below are satisfied: 

(a) The Sale is a one-time transaction 

for cash; 

(b) The terms and conditions of the 

Sale are at least as favorable to the EJAT 

Trust and the EIT Fund as an arm’slength transaction between unrelated 

and independent parties each of whom 

have full knowledge of the relevant facts 

and are not under any compulsion to 

buy or sell; 

(c) The EJAT Trust Independent 

Fiduciary has not and will not enter into 

any agreement or instrument that 

violates section 410 of ERISA, and 

prudently: 

(1) Represents the EJAT Trust’s 

interests for all purposes with respect to 

the Sale; 

(2) Determines that the Sale is in the 

interest and protective of the EJAT Trust 

and the EJAT Trust participants based 

on, among other things, an updated 

appraisal report described in (c)(5) 

below; 

(3) Reviews and approves the terms 

and conditions of the Sale; 

(4) Engages the EJAT Trust 

Independent Appraiser, ensures the 

Appraiser’s independence, and ensures 

that the Appraiser bases its opinions 

upon complete, current, and accurate 

information; 

(5) Ensures that the EJAT Trust’s 

Independent Appraiser renders an 

updated fair market valuation of the 

Property, which is current as of the date 

of the Sale; 

(6) Reviews the EJAT Independent 

Appraisal Report and the updated 

appraisal described in (c)(5), confirms 

that the underlying methodologies are 

reasonable and accurate, and prudently 

concludes that the appraisals can 

reasonably be relied upon; and 

(7) Determines whether it is 

appropriate for the EJAT Trust to 

proceed with the Sale and whether the 

Sale is consistent with each condition of 

this exemption; 

(d) The EIT Fund Independent 

Fiduciary has not and will not enter into 

any agreement or instrument that 

violates section 410 of ERISA, and 

prudently: 

(1) Represents the EIT Fund’s 

interests for all purposes with respect to 

the Sale; 

(2) Determines that the Sale is in the 

interest and protective of the EIT Fund 

and the EIT Fund participants based on, 

among other things, an updated 

appraisal report described in (d)(5) 

below; 

(3) Reviews and approves the terms 

and conditions of the Sale; 

(4) Engages the EIT Fund Independent 

Appraiser for the Sale, ensures the 

Appraiser’s Independence, and ensures 

that the Appraiser bases its opinions 

upon complete, current, and accurate 

information; 

(5) Ensures that the EIT Fund’s 

Independent Appraiser renders an 

updated fair market valuation of the 

Property, which is current as of the date 

of the Sale; 

(6) Reviews the EIT Fund 

Independent Appraisal Report and the 

updated appraisal described in (d)(5), 

confirms that the underlying 

methodologies are reasonable and 

accurate, and prudently concludes that 

the appraisals can reasonably be relied 

upon; and 

(7) Determines whether it is 

appropriate for the EIT Fund to proceed 

with the Sale consistent with each 

condition of this exemption; 

(e) The Sale is not part of an 

agreement, arrangement, or 

understanding designed to benefit any 

party other than the EJAT Trust and the 

EIT Fund; 

(f) Any use of the Property by the EIT 

Fund and the Related Plans that is 

described in PTEs 76–1 and 77–10 

complies with the conditions of those 

exemptions; 

(g) No later than 90 days after the Sale 

is completed, the EJAT Trust and the 

EIT Fund Independent Fiduciaries each 

will submit a written statement to the 

Department documenting that the Sale 

has met all of the exemption 

requirements; 

(h) The EIT Fund Independent 

Fiduciary may not enter, and has not 

entered, into any agreement, 

arrangement or understanding regarding 

the Sale that indemnifies the EIT Fund 

Independent Fiduciary, in whole or in 

part, or waives any liability for 

negligence or for violation of state or 

federal law by the EIT Fund 

Independent Fiduciary; 

(i) The Independent Appraiser 

selected by the EIT Fund Independent 

Fiduciary may not enter, and has not 

entered, into any agreement, 

arrangement or understanding regarding 

the Sale that indemnifies the EIT Fund 

Independent Appraiser, in whole or in 

part, or waives any liability for 

negligence or for any violation of state 

or federal law by the Independent 

Appraiser; 

(j) The EJAT Trust Independent 

Fiduciary may not enter, and has not 

entered, into any agreement, 

arrangement or understanding regarding 

the Sale that indemnifies the EJAT Trust 

Independent Fiduciary, in whole or in 

part, or waives any liability for 

negligence or for any violation of state 

or federal law by the EJAT Trust 

Independent Fiduciary; 

(k) The Independent Appraiser 

selected by the EJAT Trust Independent 

Fiduciary may not enter, and has not 

entered, into any agreement, 


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34056 Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Notices 

arrangement or understanding regarding 

the Sale that indemnifies the 

Independent Appraiser, in whole or in 

part, for negligence or for any violation 

of state or federal law by the 

Independent Appraiser; and 

(l) The EJAT Trust may not repurchase the Property from the EIT 

Fund absent an individual exemption 

granted by the Department. 

Effective Date: This exemption will 

become effective on the date that this 

grant notice is published in the Federal 

Register. 

Signed at Washington, DC, this 22nd day 

of June, 2021. 

Christopher Motta, 

Chief, Division of Individual Exemptions, 

Office of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. 2021–13680 Filed 6–25–21; 8:45 am] 

BILLING CODE 4510–29–P 

MORRIS K. AND STEWART L. UDALL 

FOUNDATION 

Sunshine Act Meetings 

TIME AND DATE: Electronic Board Meeting 

to be held via email exchanges 

Thursday, July 8, 2021, 8:00 a.m. (PDT), 

through Wednesday, July 21, 2021. 

PLACE: Board of Trustees Meeting held 

via email. 

STATUS: This special meeting of the 

Board of Trustees, to be held 

Electronically (in accordance with the 

Operating Procedures of the Board of 

Trustees of the Morris K. Udall and 

Stewart L. Udall Foundation), is open to 

the public. Members of the public who 

would like to participate in this 

electronic meeting should email 

Elizabeth E. Monroe, Executive 

Assistant, Morris K. Udall and Stewart 

L. Udall Foundation, at monroe@

udall.gov, no later than Thursday, July 

8, 2021, 8:00 a.m. (PDT). 

MATTERS TO BE CONSIDERED: Draft Udall 

Foundation 2022–2026 Strategic Plan. 

CONTACT PERSON FOR MORE INFORMATION: 

David P. Brown, Executive Director, 130 

South Scott Avenue, Tucson, AZ 85701, 

(520) 901–8500. 

Dated: June 24, 2021. 

David P. Brown, 

Executive Director, Morris K. Udall and 

Stewart L. Udall Foundation, and Federal 

Register Liaison Officer. 

[FR Doc. 2021–13871 Filed 6–24–21; 4:15 pm] 

BILLING CODE 6820–FN–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Document Number NASA–21–038; Docket 

Number–NASA–2021–0002] 

Request for Information on Advancing 

Racial Equity and Support for 

Underserved Communities in NASA 

Programs, Contracts and Grants; 

Correction Process 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Request for information; 

correction. 

SUMMARY: The National Aeronautics and 

Space Administration (NASA) 

published a document in the Federal 

Register of June 15, 2021, concerning a 

request for information on the Agency’s 

mission directorates’ programs, 

procurements, grants, regulations and 

policies. The document contained 

incorrect dates. 

FOR FURTHER INFORMATION CONTACT: 

Issues regarding submission or 

questions on this RFI can be sent to 

Dorice Kenely, Procurement Analyst, 

Office of Procurement at (202) 358–0443 

or dorice.m.kenely@nasa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of June 15, 2021, in FR 

Doc. 2021–12668, on page 31735, in the 

first column, correct the DATES caption 

to read: 

DATES: Comments are requested on or 

before August 31, 2021. Early comments 

and responses to questions in the RFI 

are encouraged. Comments and 

responses received after this date will be 

considered for future advisory, 

communicative and outreach efforts to 

the extent practicable. A public meeting 

discussing the questions detailed in the 

RFI will be held on July 13, 2021, from 

1:00 p.m. to 3:30 p.m. 

On page 31738, in the third column, 

correct the second sentence of the last 

paragraph to read: 

To that end, NASA will hold a public 

meeting on July 13, 2021, from 1:00 p.m. 

to 3:30 p.m. 

Nanette Smith, 

Team Lead, NASA Directives and 

Regulations. 

[FR Doc. 2021–13725 Filed 6–25–21; 8:45 am] 

BILLING CODE 7510–13–P 

NATIONAL SCIENCE FOUNDATION 

Proposal Review Panel for Physics; 

Notice of Meeting 

In accordance with the Federal Advisory 

Committee Act (Pub. L. 92–463, as amended), 

the National Science Foundation (NSF) 

announces the following meeting: 

Name and Committee Code: Virtual 

Site Review of construction progress of 

the ATLAS High Luminosity Detector 

Upgrade (1208). 

Date and Time: August 18, 2021; 

10:30 a.m.—6:30 p.m. EDT. 

Place: Columbia University, 538 West 

120th Street, 704 Pupin Hall, MC 5255, 

New York, NY 10027|Virtual Site Visit 

via Zoom. 

Type of Meeting: Part-Open. 

Contact Person: Mark Coles, Program 

Director, Division of Physics, National 

Science Foundation, 2415 Eisenhower 

Avenue, Room 9219, Alexandria, VA 

22314; Telephone: (703) 292–4432. 

Purpose of Meeting: Virtual site visit 

to provide an evaluation of the progress 

of the project at the host site for the 

Division of Physics at the National 

Science Foundation. 

Agenda 

NSF will provide the Zoom 

coordinates for each meeting (All times 

are Eastern Daylight Time (EDT)). 

August 18, 2021 

10:30 a.m.–11:00 a.m. Executive 

Session (Closed) 

11:00 a.m.–5:00 p.m. Presentations on 

the ATLAS upgrade (Open) 

5:00 p.m.–6:00 p.m. Executive (closed) 

Session (Closed) 

6:00 p.m.–6:30 p.m. Closeout 

presentation by Review Panel 

(Open) 

Reason for Closing: The work being 

reviewed during closed portions of the 

virtual site visit include information of 

a proprietary or confidential nature, 

including technical information; 

financial data, such as salaries and 

personal information concerning 

individuals associated with the project. 

These matters are exempt under 5 

U.S.C. 552b(c), (4) and (6) of the 

Government in the Sunshine Act. 

Dated: June 23, 2021. 

Crystal Robinson, 

Committee Management Officer. 

[FR Doc. 2021–13674 Filed 6–25–21; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2021–0001] 

Sunshine Act Meetings 

TIME AND DATE: Weeks of June 28, July 

5, 12, 19, 26, August 2, 2021. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public. 


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