Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Notices 49317 

section VI(c)(1)) will be deemed to 

satisfy the requirements of this section 

VI(o) if the requirements of Part V are 

met. 

(p) Exemption Audit. An ‘‘exemption 

audit’’ of a plan must consist of the 

following: 

(1) A review of the written policies 

and procedures adopted by the QPAM 

pursuant to section V(b) for consistency 

with each of the objective requirements 

of this proposed exemption (as 

described in section VI(q)). 

(2) A test of a representative sample 

of the plan’s transactions in order to 

make findings regarding whether the 

QPAM is in compliance with (i) the 

written policies and procedures adopted 

by the QPAM pursuant to section VI(q) 

of the exemption and (ii) the objective 

requirements of the exemption. 

(3) A determination as to whether the 

QPAM has satisfied the definition of an 

QPAM under the exemption; and 

(4) Issuance of a written report 

describing the steps performed by the 

auditor during the course of its review 

and the auditor’s findings. 

(q) For purposes of section VI(p), the 

written policies and procedures must 

describe the following objective 

requirements of the exemption and the 

steps adopted by the QPAM to assure 

compliance with each of these 

requirements: 

(1) The definition of a QPAM in 

section V(a). 

(2) The requirement of sections V(a) 

and I(c) regarding the discretionary 

authority or control of the QPAM with 

respect to the plan assets involved in 

the transaction, in negotiating the terms 

of the transaction and with respect to 

the decision on behalf of the investment 

fund to enter into the transaction. 

(3) For a transaction described in Part 

I: 

(A) That the transaction is not entered 

into with any person who is excluded 

from relief under section I(a), section 

I(d), or section I(e), 

(B) That the transaction is not 

described in any of the class exemptions 

listed in section I(b), 

(4) If the transaction is described in 

section III, 

(i) That the amount of space covered 

by the lease does not exceed the 

limitations described in section III(a); 

and 

(ii) That no commission or other fee 

is paid by the investment fund as 

described in section III(d). 

Signed at Washington, DC, this 11th day of 

August, 2005. 

Ivan L. Strasfeld, 

Director, Office of Exemption Determinations, 

Employee Benefits Security Administration, 

Department of Labor. 

[FR Doc. 05–16681 Filed 8–22–05; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Proposed Information Collection 

Request Submitted for Public 

Comment and Recommendations; 

Labor Condition Application for 

Nonimmigrant Workers 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) (44 U.S.C. 3506(c)(A)). This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, the 

Employment and Training 

Administration (ETA), Office of 

National Programs is soliciting 

comments concerning the proposed 

extension of the collection for ETA form 

9035—Labor Condition Application for 

Nonimmigrant Workers. A copy of the 

proposed Information Collection 

Request (ICR) can be obtained by 

contacting the office listed below in the 

addressee section of this notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addressee’s section below on or before 

October 24, 2005. 

ADDRESSES: William L. Carlson, Chief, 

Division of Foreign Labor Certification, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room C–

4312, Washington, DC 20210. Mr. 

Carlson may be reached at (202) 693–

3010; this is not a toll-free number. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Wilson, Program Analyst, 

Division of Foreign Labor Certification, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Room C–

4312, Washington, DC 20210. Mr. 

Wilson may also be reached at (202) 

693–3010; this is not a toll-free number. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Immigration and Naturalization 

Act (INA) requires that before any 

foreign worker may be admitted or 

otherwise provided status as an H–1B, 

H–1B1, or E–3 nonimmigrant the 

prospective employer must have filed 

with the Department of Labor 

(Department) a Labor Condition 

Application (LCA). Employers must 

state on the LCA that they will offer 

prevailing wages and working 

conditions, that there is not a strike or 

lockout in the course of a labor dispute 

in the occupational classification at the 

place of employment, and that they 

have provided notice of filing in 

conspicuous locations at the place of 

employment. Further, the employer 

must make certain documentation 

available for public examination. The 

Department’s review of each LCA filed 

is limited by law solely to a review for 

completeness or ‘‘obvious 

inaccuracies.’’ Complaints may be filed 

with the Department alleging a violation 

of the LCA process. If reasonable cause 

is found to believe a violation has been 

committed, the Department will 

conduct an investigation and, if 

appropriate, assess penalties. The INA 

places a limit on the number of foreign 

workers who can be admitted to the 

United States on H–1B, H–1B1, or E–3 

visas. The INA generally limits H–1B 

workers to a maximum of a six-year 

duration of stay under H–1B status, 

although extensions are permitted for 

certain foreign workers on whose behalf 

a labor certification or employmentbased immigrant petition has been 

pending for 365 days or more. The INA 

requires that the Department make 

available for public examination in 

Washington, DC, a list of employers 

which have filed LCAs. 

II. Review Focus 

Currently, the Department is soliciting 

comments concerning the proposed 

extension of the collection for ETA form 

9035—Labor Condition Application for 

Nonimmigrant Workers. The 

Department is particularly interested in 

comments which: 

• Evaluate whether the proposed 

information collection 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 

49318 Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Notices 

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, e.g., 

permitting electronic submissions of 

responses. 

A copy of the proposed ICR can be 

obtained by contacting the office listed 

above in the addressee section of this 

notice. 

III. Current Actions 

Type of Review: Extension with 

change. 

Agency: Employment and Training 

Administration, Labor. 

Title: Labor Condition Application for 

Nonimmigrant Workers. 

OMB Number: 1205–0310. 

Affected Public: Businesses or other 

for-profit institutions; Federal 

government; State, local, or tribal 

government. 

Form: ETA 9035. 

Total Respondents: 200,000. 

Frequency of Response: On occasion. 

Total Responses: 325,200. 

Average Burden Hours per Response: 

45 minutes. 

Estimate Total Annual Burden Hours: 

279,170. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

ICR; they will also become a matter of 

public record. 

Dated: August 17, 2005. 

Emily Stover DeRocco, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 05–16691 Filed 8–22–05; 8:45 am] 

BILLING CODE 4510–30–M 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice 05–129] 

Privacy Act of 1974; Privacy Act 

System of Records 

AGENCY: National Aeronautics and 

Space Administration (NASA). 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: The National Aeronautics and 

Space Administration proposes to 

establish a system of records titled 

‘‘National Aeronautics and Space 

Administration Foreign National 

Management System.’’ This system of 

records is to document, track, manage, 

analyze, and/or report on foreign access 

to NASA resources. Routine uses of this 

system of records will be to determine 

eligibility of foreign nationals, and U.S. 

citizens representing foreign entities, to 

access NASA facilities and resources. 

The records in this system of records are 

intended for the sole use of the U.S. 

Government and its contractors who 

support U.S. Government operations, 

policies, laws and regulations. 

DATES: Submit comments 60 calendar 

days from the date of this publication. 

ADDRESSES: Patti F. Stockman, Privacy 

Act Officer, Office of the Chief 

Information Officer, National 

Aeronautics and Space Administration 

Headquarters, Washington, DC 20546–

0001, (202) 358–4787. 

FOR FURTHER INFORMATION CONTACT: Patti 

F. Stockman, Privacy Act Officer, Office 

of the Chief Information Officer, 

National Aeronautics and Space 

Administration Headquarters, 

Washington, DC 20546–0001, (202) 358–

4787. 

SUPPLEMENTARY INFORMATION: This 

publication is in accordance with the 

Privacy Act requirement that agencies 

publish each system of records in the 

Federal Register. Pursuant to Section 

208 of the E-Government Act of 2002, 

NASA has conducted a Privacy Impact 

Assessment (PIA). A copy of the PIA can 

be obtained by contacting the NASA 

Privacy Act Officer at the address listed 

above. Authorization as an Information 

Collection under the Paperwork 

Reduction Act is being sought from 

OMB and will be noticed as a separate 

submission. 

NASA 10 FNMS 

SYSTEM NAME: 

National Aeronautics and Space 

Administration Foreign National 

Management System. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

The centralized data system is located 

at the Extranet Security Portals Group, 

1225 Clark Street, Suite 1103, Arlington, 

VA 22202. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

All non-U.S. citizens, to include 

Lawful Permanent Residents seeking 

access to NASA facilities, resources, 

laboratories, contractor sites, Federally 

Funded Research and Development 

Centers or NASA sponsored events for 

unclassified purposes to include 

employees of NASA or NASA 

contractors; prospective NASA or NASA 

contractor employees; employees of 

other U.S. Government agencies or their 

contractors of universities, of companies 

(professional or service staff), or of other 

institutions; foreign students at U.S. 

institutions; officials or other persons 

employed by foreign governments or 

other foreign institutions who may or 

may not be involved in cooperation 

with NASA under international 

agreements; permanent resident aliens; 

foreign media representatives; and 

representatives or agents of foreign 

national governments seeking access to 

NASA facilities, to include high-level 

protocol visits; or international 

relations. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records in this system include 

information about the individuals 

seeking access to NASA resources. 

Information about an individual may 

include, but is not limited to: name, 

home address, place of birth and 

citizenship, U.S. visitor/travel 

document numbers, employment 

information, Tax Identification Numbers 

(Social Security Number), and reason 

and length of proposed NASA access. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Section 304(a) of the National 

Aeronautics and Space Act, codified at 

42 U.S.C. § 2455; Federal Property 

Management Regulation, 41 CFR Ch. 

101; 14 CFR parts 1203 through 1203b; 

14 CFR 1213; 15 CFR 744; 22 CFR 62; 

22 CFR 120–130; 40 U.S.C. 1441, and 44 

U.S.C. 3101, and Executive Order 9397. 

PURPOSE(S): 

Records are maintained and used by 

NASA to document, track, manage, 

analyze, and/or report on foreign visit 

and assignment access to NASA 

facilities including Headquarters, Field 

Offices, National Laboratories, Federally 

Funded Research and Development 

Centers, Contractor Sites, components 

facilities (NASA Management Office, 

Wallops Flight Facility, White Sands 

Test Facility, White Sands Complex, 

Independent Validation & Verification 

Facility, Michoud Assembly Center, 

Moffett Federal Airfield, Goldstone 

Deep Space Communications Complex, 

Goddard Institute for Space Studies, 

National Scientific Balloon Facility, 

Plum Brook Station). 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES

1. A record from this system may be 

disclosed to authorized contractors who