Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 27367 

exception’’ in section 203(c). The 

meeting will provide an opportunity for 

stakeholders and other interested parties 

to provide individual comments and 

suggestions. All interested parties are 

invited to participate. 

Public Meeting Date and Time: The 

meeting will be held on Monday, May 

24, 2010, from 10 a.m. until noon. 

Location: The site for the May 24th 

event will be U.S. Department of Labor, 

Frances Perkins Building Auditorium, 

200 Constitution Avenue, NW., 

Washington, DC 20210. 

To Register and Obtain Further 

Information: Please call Rosetta Kelly at 

(202) 693–0123 or register via e-mail at 

olms-public@dol.gov. If you wish to 

attend, please register by Monday, May 

17, 2010. When registering, you must 

provide your name, title, company or 

organization (if applicable), address, 

phone number and e-mail address. 

Individuals with disabilities may 

request accommodations when 

registering for the event. 

SUPPLEMENTARY INFORMATION: LMRDA 

section 203 establishes reporting and 

disclosure requirements for employers 

and persons, including labor relations 

consultants, who enter into any 

agreement or arrangement whereby the 

consultant (or other person) undertakes 

activities to persuade employees as to 

their rights to organize and bargain 

collectively or to obtain certain 

information concerning the activities of 

employees or a labor organization in 

connection with a labor dispute 

involving the employer. Each party 

must disclose information concerning 

such agreement or arrangement, 

including related payments, and the 

employer, additionally, must disclose 

certain other payments, including 

payments to its own employees, to 

persuade employees as to their 

bargaining rights and to obtain certain 

information in connection with a labor 

dispute. 

Pursuant to regulations issued by the 

Department, an employer must file a 

Form LM–10, Employer Report, for each 

fiscal year in which it entered into such 

an agreement or arrangement, as well for 

each fiscal year in which it made any 

persuader payments, as required under 

section 203. Additionally, the 

consultant must file a Form LM–20, 

Agreement and Activities report, 

disclosing the agreement or 

arrangement. 

OLMS will seek comments on several 

significant matters concerning employer 

and consultant reporting pursuant to 

section 203. The first matter pertains to 

the so-called ‘‘advice exception’’ of 

LMRDA section 203(c), which provides, 

in part, that employers and consultants 

are not required to file a report by 

reason of the consultant’s giving or 

agreeing to give ‘‘advice’’ to the 

employer. Under current policy, as 

articulated in the LMRDA Interpretative 

Manual and in a Federal Register notice 

published on April 11, 2001 (66 FR 

18864), this so-called ‘‘advice exception’’ 

has been broadly interpreted to exclude 

from the reporting any agreement under 

which a consultant engages in activities 

on behalf of the employer to persuade 

employees concerning their bargaining 

rights but has no direct contact with 

employees, even where the consultant is 

orchestrating a campaign to defeat a 

union organizing effort. 

The Department views its current 

policy concerning the scope of the 

‘‘advice exception’’ as over-broad, and 

that a narrower construction will result 

in reporting that more closely reflects 

the employer and consultant reporting 

intended by the LMRDA. Regulatory 

action is needed to provide labormanagement transparency for the 

public, and to provide workers with 

information critical to their effective 

participation in the workplace. As a 

result, the Department announced in its 

Fall 2009 Regulatory Agenda the 

intention to engage in such rulemaking 

to narrow the scope of the ‘‘advice 

exception.’’ See: http://www.reginfo.gov/ 

public/do/eAgendaViewRule?pubId=

200910&RIN=1215-AB79. 

Another exception to reporting is in 

section 203(e), which provides that no 

‘‘regular officer, supervisor, or employee 

of an employer’’ is required to file a 

report covering services undertaken as a 

‘‘regular officer, supervisor, or employee 

of an employer.’’ Further, the employer 

is not required to file a report covering 

expenditures made to a ‘‘regular officer, 

supervisor, or employee’’ as 

compensation for service as a ‘‘regular 

officer, supervisor, or employee.’’ The 

Department will seek comments on the 

application of this exemption to the 

scope of employer reporting under 

sections 203(a)(2) and (a)(3), which 

require employers to report payments to 

their own employees for purposes of 

causing them to persuade other 

employees as to their bargaining rights, 

and to report expenditures to ‘‘interfere 

with, restrain, or coerce employees’’ in 

their bargaining rights and to obtain 

information concerning activities of 

employees and labor organizations in 

connection with a labor dispute. 

Additionally, the Department will 

seek comments on whether electronic 

filing should be mandated for Form 

LM–10 and LM–20 reports. Currently, 

labor organizations that file the Form 

LM–2 Labor Organization Annual 

Report are required by regulation to file 

electronically, and there has been good 

compliance with these requirements. It 

is reasonably expected that employers 

and consultants will have the 

information technology resources and 

capacity to file electronically, as well. 

An electronic filing option is planned 

for all LMRDA reports as part of an 

information technology enhancement. 

Agenda: The public meeting will run 

from 10 a.m. to 12 p.m. on May 24, 

2010, at the U.S. Department of Labor, 

Frances Perkins Building Auditorium, 

200 Constitution Avenue, NW., 

Washington, DC 20210. All interested 

parties are invited to participate. The 

meeting will provide interested parties 

an opportunity to provide suggestions 

and recommendations to OLMS 

concerning employer and consultant 

reporting pursuant to section 203. In 

particular, comments will be solicited 

on the issues outlined above: The 

application of the ‘‘advice exemption’’ of 

LMRDA sections 203(c); the application 

of the ‘‘regular officer, supervisor, and 

employee’’ exemption of section 203(e); 

and the effect of a potential regulatory 

proposal requiring employers and 

consultants to submit reports 

electronically. The Department will seek 

comment, as well, regarding the layout 

of the Form LM–10 and LM–20 and the 

level of detail and itemization currently 

required to be reported on these forms. 

Finally, the Department invites 

information about how the use of labor 

relations consultants by employers has 

affected labor-management relations and 

about how persuader activity has 

changed since the enactment of the 

LMRDA. 

Public Participation: Registration for 

the public meeting is free. During the 

meeting, participants will be invited to 

come up to a microphone and provide 

comments on the topic being discussed. 

Authority and Signature: 

Signed in Washington, DC, May 10, 2010. 

John Lund, 

Director, Office of Labor-Management 

Standards. 

[FR Doc. 2010–11498 Filed 5–13–10; 8:45 am] 

BILLING CODE 4510–CP–P 

LEGAL SERVICES CORPORATION 

Sunshine Act Meeting of the Board of 

Directors 

TIME AND DATE: The Board of Directors 

of the Legal Services Corporation will 

meet telephonically on May 19, 2010. 

The meeting will begin at 2 p.m. (ET), 

and continue until conclusion of the 

Board’s agenda. 


emcdonald on DSK2BSOYB1PROD with NOTICES
27368 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 

1Any portion of the closed session consisting 

solely of staff briefings does not fall within the 

Sunshine Act’s definition of the term ‘‘meeting’’ 

and, therefore, the requirements of the Sunshine 

Act do not apply to such portion of the closed 

session. 5 U.S.C. 552b(a)(2) and (b). See also 45 CFR 

1622.2 & 1622.3. 

LOCATION: Legal Services Corporation, 

3333 K Street, NW., Washington, DC 

20007, 3rd Floor Conference Center. 

PUBLIC OBSERVATION: For all meetings 

and portions thereof open to public 

observation, members of the public that 

wish to listen to the proceedings may do 

so by following the telephone call-in 

directions given below. You are asked to 

keep your telephone muted to eliminate 

background noises. From time to time 

the Chairman may solicit comments 

from the public. 

CALL-IN DIRECTIONS FOR OPEN SESSION(S): 

• Call toll-free number: 1–(866) 451– 

4981; 

• When prompted, enter the 

following numeric pass code: 

5907707348; 

• When connected to the call, please 

‘‘MUTE’’ your telephone immediately. 

STATUS OF MEETING: Open, except as 

noted below. 

• A portion of the meeting of the 

Board of Directors may be closed to the 

public pursuant to a vote of the Board 

of Directors to receive a staff briefing1

regarding the proposed response to a 

draft report by the Government 

Accountability Office (‘‘GAO’’) on 

certain aspects of the Corporation’s 

operations. 

A verbatim written transcript will be 

made of the closed session of the Board 

meeting. However, the transcript of any 

portions of the closed session falling 

within the relevant provisions of the 

Government in the Sunshine Act, 5 

U.S.C. 552b(c)(9)(B), and the 

corresponding provisions of the Legal 

Services Corporation’s implementing 

regulation, 45 CFR 1622.5(g), will not be 

available for public inspection. A copy 

of the General Counsel’s Certification 

that in his opinion the closing is 

authorized by law will be available 

upon request. 

Matters To Be Considered 

Open Session 

1. Approval of the agenda. 

2. Consider and act on Board of 

Directors’ response to the Inspector 

General’s Semiannual Report to 

Congress for the period of October 1, 

2009 through March 31, 2010. 

3. Public comment. 

4. Consider and act on whether to 

authorize an executive session of the 

Board to address items listed below 

under Closed Session. 

Closed Session 

5. Staff briefing on proposed response 

to the Government Accountability 

Office (‘‘GAO’’) draft report entitled 

‘‘Legal Services Corporation: 

Improvements Needed in Controls Over 

Grant Awards and Grant Program 

Effectiveness (GAO–10–540).’’ 

6. Consider and act on other business. 

7. Consider and act on motion to 

adjourn meeting. 

CONTACT PERSON FOR INFORMATION: 

Kathleen Connors, Executive Assistant 

to the President, at (202) 295–1500. 

Questions may be sent by electronic 

mail to 

FR_NOTICE_QUESTIONS@lsc.gov. 

Special Needs: Upon request, meeting 

notices will be made available in 

alternate formats to accommodate visual 

and hearing impairments. Individuals 

who have a disability and need an 

accommodation to attend the meeting 

may notify Kathleen Connors at (202) 

295–1500 or 

FR_NOTICE_QUESTIONS@lsc.gov. 

Dated: May 12, 2010. 

Patricia D. Batie, 

Corporate Secretary. 

[FR Doc. 2010–11755 Filed 5–12–10; 4:15 pm] 

BILLING CODE 7050–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–228, NRC–2010–0178] 

Aerotest Operations, Inc., Aerotest 

Radiography and Research Reactor; 

Notice of Consideration of Approval of 

Transfer and Conforming Amendment, 

Opportunity for a Hearing, and Order 

Imposing Procedures for Access to 

Sensitive Unclassified Non-Safeguards 

Information 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Order, Notice of Application, 

Opportunity for Hearing and Request for 

Comment. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Montgomery, Project Manager, 

Research and Test Reactors Licensing 

Branch, Division of Policy and 

Rulemaking, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Rockville, MD 20852. 

Telephone: (301) 415–3398; fax number: 

(301) 415–1032; e-mail: 

Cindy.Montgomery@nrc.gov. 

DATES: Comments must be filed by June 

14, 2010. Hearing requests and petitions 

to intervene must be filed by June 3, 

2010. 

ADDRESSES: Please include Docket ID 

NRC–2010–0178 in the subject line of 

your comments. You may submit 

comments by any one of the following 

methods. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0178. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Chief, Rulemaking, 

Announcements, and Directives Branch 

(RADB), Office of Administration, Mail 

Stop: TWB–05–B01M, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, or by fax to RDB at 

(301) 492–3446. 

For instructions on submitting 

comments and obtaining access to 

documents related to this notice, see 

Section IV., Comments. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC, the Commission) is 

considering the issuance of an Order 

under Title 10 of the Code of Federal 

Regulations (10 CFR) Section 50.80 

approving the indirect transfer of 

Facility Operating License No. R–98 for 

the Aerotest Radiography and Research 

Reactor (ARRR), currently held by 

Aerotest Operations, Inc., as owner and 

licensed operator of ARRR. Aerotest 

Operations, Inc., is a wholly-owned 

subsidiary of OEA Aerospace, Inc., 

which, in turn, is owned by Autoliv 

ASP, Inc. The Commission is also 

considering amending the license for 

administrative purposes to reflect the 

proposed indirect transfer. 

According to an application for 

approval dated January 19, 2010, as 

supplemented by letters dated February 

2, 2010, March 23, 2010, April 1, and 

19, 2010, filed by Aerotest Operations, 

Inc., (Aerotest), Autoliv ASP, Inc., and 

X-Ray Industries, Inc., (XRI), the 

applicants seek approval, pursuant to 10 

CFR 50.80, of the indirect transfer of 

control of the licensee. The indirect 

transfer of control would be the result 

of a proposed sale of 100% of the stock 

of Aerotest to Aerotest Holdings, LLC, a 

new holding company being created by 

XRI. XRI would be the ultimate owner 

of Aerotest and its facility, the ARRR, 

and would indirectly own 100% of 

Aerotest. There will be no direct transfer 

of the license. Aerotest would continue 

to own and operate the facility and hold 

the license. 

No physical changes to the facilities 

or operational changes are being 

proposed in the application. The 

proposed conforming amendment 


emcdonald on DSK2BSOYB1PROD with NOTICES