Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Notices 30011

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.

Type of Review: Reinstatement, with

change, of a previously approved

collection for which approval has

expired.

Agency: Bureau of Labor Statistics

(BLS).

Title: Veterans Supplement to the

CPS.

OMB Number: 1220–0102.

Affected Public: Individuals or

households.

Frequency: Biennially.

Number of Respondents: 14,400.

Number of Annual Responses: 14,400.

Estimated Time Per Response: 1

minute.

Total Burden Hours: 240.

Total Annualized Capital/Startup

Costs: $0.

Total Annual Costs (operating/

maintaining systems or purchasing

services): $0.

Description: The veterans supplement

provides information on the number of

characteristics of disabled veterans,

veterans who served in the Vietnam War

Theater, and recently separated

veterans, including their employment

status. The supplement also provides

data on veterans’ participation in

various employment and training

programs.

The Veterans Employment and

Training Service (VETS) and the

Department of Veterans Affairs (VA)

will also use these data to determine

policies that better meet the needs of

our Nation’s veteran population. Of

current concern is the scope of the

problems of the veterans as well as the

effectiveness of veterans’ benefit

programs in meeting their needs. The

collection of labor force data through

the CPS helps BLS meet its mandate as

set forth in Title 29, U.S.C., Sections 1

through 9.

Ira L. Mills,

Departmental Clearance Officer.

[FR Doc. 01–13903 Filed 6–1–01; 8:45 am]

BILLING CODE 4510–79–M

DEPARTMENT OF LABOR

Office of the Secretary

Submission for OMB Review;

Comment Request

May 22, 2001.

The Department of Labor (DOL) has

submitted the following public

information collection requests (ICRs) 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

individual ICR, with applicable

supporting documentation, may be

obtained by calling the Department of

Labor. To obtain documentation for

BLS, ESA, and PWBA contact Marlene

Howze ((202) 219–8904 or by email to

Howze-Marlene@dol.gov). Comments

should be sent to Office of Information

and Regulatory Affairs, Attn: OMB Desk

Officer for BLS, DM, ESA, ETA, MSHA,

OSHA, PWBA, or VETS, Office of

Management and Budget, Room 10235,

Washington, DC 20503 ((202) 395–

7316), within 30 days from the date of

this publication in the Federal Register.

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.

Type of Review: Revision of a

currently approved collection.

Agency: Employment Standards

Administration (ESA).

Title: Employment Information

Forms—WH–3 (English and Spanish

Version).

OMB Number: 1215–0001.

Affected Public: Individuals or

households; business or other for-profit;

Not-for-profit institutions; Farms;

Federal government; and State, Local or

Tribal Government.

Frequency: On Occasion.

Number of Respondents: 39,000.

Number of Annual Responses: 39,000.

Estimated Time Per Response: 20

minutes.

Total Burden Hours: 13,000.

Total Annualized Capital/Startup

Costs: $0.

Total Annual Costs (operating/

maintaining systems or purchasing

services): $0.

Description: Section 11(a) of the Fair

Labor Standards Act (FLSA), 29 U.S.C.

201 et seq., provides that the Secretary

of Labor (delegated to the Wage and

House Division of the Employment

Standards Administration) may

investigate and gather data regarding the

wages, hours or other conditions and

practices of employment in any industry

subject to the Act, and may enter and

inspect such places and such records

(and make such transcriptions thereof),

question such employees, and

investigate such facts, conditions,

practices, or matters deemed necessary

or appropriate to determine whether any

person has violated any provision of the

FLSA.

Similar provisions are also contained

in the Public Contracts Act (section 4 of

41 U.S.C. 38 et seq.), the Service

Contract Act (section 3(b) of 41 U.S.C.

351 et seq.), the Davis-Bacon Act

pursuant to Reorganization Plan No. 14

of 1950, the Consumer Credit Protection

Act (section 306 of 15 U.S.C. 1671 et

seq.), the Migrant and Seasonal

Agricultural Worker Protection Act

(section 512 of 29 U.S.C. 1801 et seq.),

the Employee Polygraph Protection Act

(section 5 of 29 U.S.C. 2001 et seq.) and

the Family and Medical Leave Act of

1993 (section 106 of 29 U.S.C. 2654),

which are enforced by the Wage and

Hour Division.

Type of Review: Extension of a

currently approved collection.

Agency: Employment Standards

Administration (ESA).

Title: Medical Travel Refund Request.

OMB Number: 1215–0054.

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

Frequency: On Occasion.

Number of Respondents: 6,000.

Number of Annual Responses: 6,000.

Estimated Time Per Response: 10

minutes.

Total Burden Hours: 1,000.

Total Annualized Capital/Startup

Costs: $0.

Total Annual Costs (operating/

maintaining systems or purchasing

services): $0.

Description: After a miner files an

application for black lung benefits, the

miner is scheduled for medical

determination testing. The Black Lung

Trust Fund is required to pay for this

determination testing and for the travel

costs associated with receiving this

testing. The Federal Mine Safety and

Health Act of 1977, as amended, 30

U.S.C. 901 Section 20 CFR 725.701 and

725.406 necessitate the collection of this

information by requiring that DOL

provide such travel reimbursement.

Pub. L. 106–113 authorizes provision of

30012 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Notices

the miner’s Social Security Number. If

the claim is approved, the miner is

entitled to medical benefits directly

related to the treatment of the miner’s

black lung disease, which include

reimbursement of reasonable travel

costs for that treatment. The CM–957

form is specifically designed to record

all such costs and to serve as the miner

beneficiary’s formal request for

reimbursement.

Ira L. Mills,

Departmental Clearance Officer.

[FR Doc. 01–13904 Filed 6–1–01; 8:45 am]

BILLING CODE 4510–27–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Application No. D–10951, et al.]

Proposed Exemptions; Merganser

Capital Management LP (Merganser),

et al.

AGENCY: Pension and Welfare Benefits

Administration, Labor

ACTION: Notice of proposed exemptions.

SUMMARY: This document contains

notices of pendency before the

Department of Labor (the Department) of

proposed exemptions from certain of the

prohibited transaction restrictions of the

Employee Retirement Income Security

Act of 1974 (the Act) and/or the Internal

Revenue Code of 1986 (the Code).

Written Comments and Hearing

Requests: All interested persons are

invited to submit written comments or

request for a hearing on the pending

exemptions, unless otherwise stated in

the Notice of Proposed Exemption,

within 45 days from the date of

publication of this Federal Register

Notice. Comments and requests for a

hearing should state: (1) the name,

address, and telephone number of the

person making the comment or request,

and (2) the nature of the person’s

interest in the exemption and the

manner in which the person would be

adversely affected by the exemption. A

request for a hearing must also state the

issues to be addressed and include a

general description of the evidence to be

presented at the hearing.

ADDRESSES: All written comments and

request for a hearing (at least three

copies) should be sent to the Pension

and Welfare Benefits Administration,

Office of Exemption Determinations,

Room N–5649, U.S. Department of

Labor, 200 Constitution Avenue, NW.,

Washington, DC 20210. Attention:

Application No. __, stated in each

Notice of Proposed Exemption. The

applications for exemption and the

comments received will be available for

public inspection in the Public

Documents Room of the Pension and

Welfare Benefits Administration, U.S.

Department of Labor, Room N–5638,

200 Constitution Avenue, NW.,

Washington, DC 20210.

Notice to Interested Persons: Notice of

the proposed exemptions will be

provided to all interested persons in the

manner agreed upon by the applicant

and the Department within 15 days of

the date of publication in the Federal

Register. Such notice shall include a

copy of the notice of proposed

exemption as published in the Federal

Register and shall inform interested

persons of their right to comment and to

request a hearing (where appropriate).

SUPPLEMENTARY INFORMATION: The

proposed exemptions were requested in

applications filed pursuant to section

408(a) of the Act and/or section

4975(c)(2) of the Code, and in

accordance with procedures set forth in

29 CFR part 2570, Subpart B (55 FR

32836, 32847, August 10, 1990).

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

requested to the Secretary of Labor.

Therefore, these notices of proposed

exemption are issued solely by the

Department.

The applications contain

representations with regard to the

proposed exemptions which are

summarized below. Interested persons

are referred to the applications on file

with the Department for a complete

statement of the facts and

representations.

Merganser Capital Management LP

(Merganser) Located in Cambridge,

Massachusetts

[Application No. D–10951]

Proposed Exemption

Based on the facts and representations

set forth in the application, the

Department is considering granting an

exemption under the authority of

section 408(a) of the Act and section

4975(c)(2) of the Code and in

accordance with the procedures set

forth in 29 CFR part 2570, Subpart B (55

FR 32836, August 10, 1990).

Section I. Transaction

If the exemption is granted, Merganser

shall not be precluded from functioning

as a ‘‘qualified professional asset

manager’’ pursuant to Prohibited

Transaction Exemption 84–14 (49 FR

9494, Mar. 13, 1984) (PTE 84–14) for the

period between April 6, 2000 and

December 31, 2006, solely because of its

failure to satisfy the shareholders’ or

partners’ equity requirement under

section V(a)(4) of PTE 84–14, provided

that the conditions set forth in section

II are met.

Section II. Conditions

(a) Merganser shall obtain an

irrevocable Letter of Credit, which shall

be reduced only by ERISA Claims paid

on behalf of ERISA Clients.

(b) The amount available under the

Letter of Credit shall be at least

$750,000 as of the first day of each fiscal

year during which the Letter of Credit

is maintained.

(c) Merganser shall cause the Letter of

Credit to be issued to an Agent to be

held for the benefit of all ERISA Clients.

(d) Merganser shall notify current and

future ERISA Clients in writing of: (i)

Their status as beneficiaries of the Letter

of Credit; (ii) their right to make a draw

against the Letter of Credit by presenting

the Agent with the documentation

described in (g) below; and (iii) the U.S.

address of the Agent at which an ERISA

Client may present such documentation.

Merganser shall promptly notify all

ERISA Clients of any changes in the

information as to how to contact the

Agent.

(e) Merganser shall provide current

and future ERISA Clients with a copy of

the proposed and final exemption, if

granted, as published in the Federal

Register.

(f) Merganser shall provide the Agent

with a complete list of all ERISA

Clients, which shall be updated each

time Merganser obtains a new ERISA

Client.

(g) The Letter of Credit shall be

payable on demand solely to any ERISA

Client (or its agent) if the ERISA Client

provides the Agent with:

(i)(A) a certified copy of the final

judgment against Merganser based on an

ERISA Claim of such client, entered by

a court of competent jurisdiction with

all rights of appeal having expired or

having been exhausted, or (B) a true

copy of a settlement agreement between

the ERISA Client and Merganser

providing for damages to the ERISA

Client with respect to an ERISA Claim;

(ii) in the case of a final court

judgment, a certified true copy of a

Sheriff’s or Marshall’s levy and

execution on the judgment, returned

unsatisfied, or such other

documentation, certified by an officer of

the court in which the judgment was

entered, stating that the judgment

remains unsatisfied following attempts