Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices 33313 

3. Within 90 days of the hiring of a 

new Subadviser, the affected Fund’s 

shareholders will be furnished all 

information about the new Subadviser 

that would be included in a proxy 

statement, except as modified to permit 

Aggregate Fee Disclosure. 

This information will include 

Aggregate Fee Disclosure and any 

change in such disclosure caused by the 

addition of the new Subscriber. To meet 

this obligation, the Fund will provide 

shareholders within 90 days of the 

hiring of a new Subadviser with an 

information statement meeting the 

requirements of Regulation 14C, 

Schedule 14C, and Item 22 of Schedule 

14A under the 1934 Act, except as 

modified by the order to permit 

Aggregate Fee Disclosure. 

4. The Adviser will not enter into a 

Subadvisory Agreement with any 

Affiliated Subadviser without that 

agreement, including the compensation 

to be paid thereunder, being approved 

by the shareholders of the applicable 

Fund. 

5. At all times, at least a majority of 

the Board will be Independent Board 

Members, and the nomination of new or 

additional Independent Board Members 

will be placed within the discretion of 

the then-existing Independent Board 

Members. 

6. When a Subadviser change is 

proposed for a Fund with an Affiliated 

Subadviser, the Board, including a 

majority of the Independent Board 

Members, will make a separate finding, 

reflected in the applicable Board 

minutes, that such change is in the best 

interests of the Fund and its 

shareholders and does not involve a 

conflict of interest from which the 

Adviser or the Affiliated Subadviser 

derives an inappropriate advantage. 

7. Independent legal counsel, as 

defined in rule 0–1(a)(6) under the Act, 

will be engaged to represent the 

Independent Board Members. The 

selection of such counsel will be within 

the discretion of the then existing 

Independent Board Members. 

8. The Adviser will provide the 

Board, no less frequently than quarterly, 

with information about the profitability 

of the Adviser on a per-Fund basis. The 

information will reflect the impact on 

profitability of the hiring or termination 

of any Subadviser during the applicable 

quarter. 

9. Whenever a Subadviser is hired or 

terminated, the Advisor will provide the 

Board with information showing the 

expected impact on the profitability of 

the Adviser. 

10. The Adviser will provide general 

management services to each Fund, 

including overall supervisory 

responsibility for the general 

management and investment of the 

fund’s assets and, subject to review and 

approval of the Board, will: (a) set each 

Fund’s overall investment strategies; (b) 

evaluate, select and recommend 

Subadvisers to manage all or a part of 

a Fund’s assets; (c) when appropriate, 

allocate and reallocate a Fund’s assets 

among multiple Subadvisers; (d) 

monitor and evaluate the performance 

of Subadvisers; and (e) implement 

procedures reasonably designed to 

ensure that the Subadvisers comply 

with each Fund’s investment objective, 

policies and restrictions. 

11. No director, trustee or officer of 

any Company, or director or officer of 

the Adviser, will own directly or 

indirectly (other than through a pooled 

investment vehicle that is not controlled 

by such person) any interest in a 

Subadviser, except for: (a) ownership of 

interests in the Adviser or any entity 

that controls, is controlled by, or is 

under common control with the 

Adviser; or (b) ownership of less than 

1% of the outstanding securities of any 

class of equity or debt of a publicly 

traded company that is either a 

Subadviser or an entity that controls, is 

controlled by, or is under common 

control with a Subadviser. 

12. Each Fund will disclose in its 

registration statement the Aggregate Fee 

Disclosure. 

13. In the event the Commission 

adopts a rule under the Act providing 

substantially similar relief to that in the 

order requested in the application, the 

requested order will expire on the 

effective date of that rule. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16332 Filed 07/09/2009 at 8:45 

am; Publication Date: 07/10/2009] 

BILLING CODE 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Proposed Request and 

Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages requiring clearance 

by the Office of Management and 

Budget (OMB) in compliance with 

Public Law 104–13, the Paperwork 

Reduction Act of 1995, effective October 

1, 1995. This notice includes revisions 

and extensions of OMB-approved 

information collections and a new 

collection. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and ways to 

minimize the burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Mail, e-mail, or 

fax your comments and 

recommendations on the information 

collection(s) to the OMB Desk Officer 

and the SSA Reports Clearance Officer 

to the addresses or fax numbers shown 

below. 

(OMB), Office of Management and 

Budget, Attn: Desk Officer for SSA, 

Fax: 202–395–6974, E-mail address: 

OIRA_Submission@omb.eop.gov. 

(SSA), Social Security Administration, 

DCBFM, Attn: Reports Clearance 

Officer, 1332 Annex Building, 6401 

Security Blvd., Baltimore, MD 21235, 

Fax: 410–965–6400, E-mail address: 

OPLM.RCO@ssa.gov. 

I. The information collection below is 

pending at SSA. SSA will submit it to 

OMB within 60 days from the date of 

this notice. To be sure we consider your 

comments, we must receive them no 

later than September 8, 2009. 

Individuals can obtain copies of the 

collection instrument by calling the SSA 

Reports Clearance Officer at 410–965– 

3758, or by writing to the e-mail address 

we list above. 

1. Statement of Reclamation Action— 

31 CFR 210—0960–0734. SSA uses 

Form SSA–1713 to collect information 

to determine if a Canadian bank is able 

to return erroneous payments, and to 

determine how and when it can return 

the payments made after the death of a 

beneficiary who elected to have 

payments sent to Canada. Form SSA– 

1712 (or SSA–1712 CN) is the cover 

sheet SSA prepares to request return of 

a payment erroneously made after the 

death of the recipient. SSA sends Form 

SSA–1712 with Form SSA–1713. The 

respondents are Canadian financial 

institutions that received Social 

Security payments. 

Type of Request: Extension of an 

OMB-approved information collection. 

Number of Respondents: 15. 

Frequency of Response: 1. 

Average Burden per Response: 5 

minutes. 

Estimated Annual Burden: 1 hour. 

II. SSA has submitted the information 

collections we list below to OMB for 

clearance. Your comments on the 

information collections would be most 

useful if OMB and SSA receive them 

within 30 days from the date of this 

publication. To be sure we consider 

your comments, we must receive them 


sroberts on DSKD5P82C1PROD with NOTICES
33314 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices 

no later than August 10, 2009. You can 

obtain a copy of the OMB clearance 

packages by calling the SSA Reports 

Clearance Officer at 410–965–3758 or by 

writing to the above e-mail address. 

1. Statement of Claimant or Other 

Person—20 CFR 404.702 & 416.570— 

0960–0045. SSA uses the SSA–795 to 

obtain information from claimants or 

other persons having knowledge of facts 

in connection with claims for 

Supplemental Security Income (SSI) or 

Social Security benefits when there is 

no standard form to collect the needed 

information. SSA then uses the 

information to process claims for 

benefits or for ongoing issues related to 

the above programs. The respondents 

are applicants/recipients of SSI or 

Social Security benefits, or others who 

are in a position to provide information 

pertinent to the claim(s). 

Type of Request: Revision of an OMBapproved information collection. 

Number of Respondents: 305,500. 

Frequency of Response: 1. 

Average Burden per Response: 15 

minutes. 

Estimated Annual Burden: 76,375 

hours. 

2. Claim for Amounts Due in the Case 

of a Deceased Beneficiary—20 CFR 

404.503(b)—0960–0101. A completed 

SSA–1724 ensures proper payment of 

an underpayment due a deceased 

beneficiary. It is required when there is 

insufficient information in the file to 

identify the person(s) entitled to the 

underpayment, or the person’s address. 

Generally, SSA collects the information 

when a surviving widow(er) is not 

already entitled to a monthly benefit on 

the same earnings record, or is not filing 

for a lump-sum death payment as a 

living-with spouse. The respondents are 

applicants for underpayments owed to 

deceased beneficiaries. 

Note: This is a correction notice. SSA 

published this information collection with 

the incorrect burden information on April 07, 

2009 at 74 FR 15808. We are revising the 

burden information. 

Type of Request: Revision of an OMBapproved information collection. 

Number of Respondents: 250,000. 

Frequency of Response: 1. 

Average Burden per Response: 10 

minutes. 

Estimated Annual Burden: 41,667 

hours. 

3. State Agency Report of Obligations 

for SSA Disability Programs (SSA– 

4513); Time Report of Personnel 

Services for Disability Determination 

Services (SSA–4514); State Agency 

Schedule of Equipment Purchased for 

SSA Disability Programs (SSA–871)—20 

CFR 404.1626—0960–0421. SSA uses 

Forms SSA–4513, SSA–4514, and SSA– 

871 to collect data necessary for detailed 

analysis and evaluation of costs State 

Disability Determination Services (DDS) 

incur in making disability 

determinations for SSA. The data are 

also utilized in determining funding 

levels for each DDS. Respondents are 

State DDSs. 

Type of Request: Revision of an OMBapproved information collection. 

Number of Respondents: 54. 

Estimated Annual Burden: 756 hours. 

Respondents Frequency of 

response 

Total annual 

responses 

Average 

burden per 

response 

(min) 

Estimated 

annual burden 

(hours) 

SSA–4513 &Addendum ....................................................... 54 4 216 90 324 

SSA–4514 ............................................................................ 54 4 216 90 324 

SSA–871 .............................................................................. 54 4 216 30 108 

Totals ............................................................................ 54 ........................ ........................ ........................ 756 

4. Social Security Number 

Verification Services—20 CFR 401.45— 

0960–0660. Internal Revenue Service 

regulations obligate employers to 

provide SSA with wage and tax data 

using Form W–2 or its electronic 

equivalent. As part of this process the 

employer must furnish the employee’s 

name and Social Security number 

(SSN). The employee’s name and SSN 

must match SSA’s records for SSA to 

post earnings to the employee’s earnings 

record, which SSA maintains. SSA 

offers several cost-free methods for 

employers to verify employee 

information. The cost-free methods 

include: 

1. Internet-based service, known as 

the Social Security Number Verification 

Service (SSNVS)—employers can verify 

if the reported names and SSNs of their 

employees match SSA’s records; 

2. The Employee Verification Service 

(EVS)—employers verify, via paper and 

telephone, whether the reported names 

and SSNs of their employees match 

SSA’s records; 

3. SSA’s National 800 Number—an 

automated telephone employee 

verification service (TNEV) allows 

callers with an SSA-authorized PIN and 

password to verify employees’ names 

and SSNs through TNEV. 

Type of Request: Revision of an OMBapproved information collection. 

Verification system Number of 

respondents 

Frequency of 

response 

Number of 

responses 

Average 

burden per 

response 

(minutes) 

Total annual 

burden 

(hours) 

EVS ...................................................................................... 15,000 2 30,000 10 5,000 

EVS One-Time Registration ................................................ 50 1 50 2 2 

SSNVS ................................................................................. 200,000 60 12,000,000 5 1,000,000 

TNEV .................................................................................... 35,000 16 560,000 9 84,000 

Totals ............................................................................ 250,050 79 12,590,050 26 1,089,002 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Notices 33315 

1MSCI is controlled by Pioneer Railcorp. See 

Pioneer Railcorp—Continuance in Control 

Exemption—Gettysburg & Northern Railroad Co., 

STB Finance Docket No. 34010 (STB served Feb. 27, 

2001). 

2See Tishomingo Railroad Company, Inc.—Lease 

and Operation Exemption—Line of State of 

Mississippi at Iuka, MS, STB Finance Docket No. 

33806 (STB served Oct. 28, 1999). 

3 In order to quality for a change in operators 

exemption, an applicant must give notice to 

shippers on the line. See 49 CFR 1150.42(b). MSCI 

states that no shippers are known to have shipped 

or received freight within the last 2 years, therefore 

no service of this notice is required on shippers. 

MSCI also certifies that a copy of the verified notice 

of exemption was sent to the State. 

Dated: July 6, 2009. 

John Biles, 

Reports Clearance Officer, Center for Reports 

Clearance, Social Security Administration. 

[FR Doc. E9–16303 Filed 7–9–09; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35258] 

Mississippi Central Railroad Co.— 

Change in Operators Exemption— 

Tishomingo Railroad Company, Inc 

Mississippi Central Railroad Co. 

(MSCI),1 a Class III rail carrier, has filed 

a verified notice of exemption under 49 

CFR 1150.41 to change operators from 

Tishomingo Railroad Company, Inc. 

(TISH),2 to MSCI on a line of railroad of 

the State of Mississippi (the State), at 

Iuka, MS. Pursuant to an agreement 

with TISH, MSCI will lease and operate 

approximately 10 miles of rail line 

between Norfolk Southern Railway 

Company’s Iuka Wye at milepost 0.0, 

and the Tri-State Commerce Park at 

milepost 10.0, in Tishomingo County, 

MS. MSCI states that, pursuant to the 

lease agreement with the State, MSCI 

will lease, operate, maintain, and 

perform all common carrier service on 

the line. This change in operators is 

exempt under 49 CFR 1150.41(c).3

Based on projected revenues for the 

line, MSCI expects to remain a Class III 

rail carrier after consummation of the 

proposed transaction. MSCI certifies 

that its projected annual revenues as a 

result of this transaction will not result 

in the creation of a Class II or Class I rail 

carrier. 

MSCI states that it intends to 

consummate the transaction on August 

1, 2009 (at least 30 days after the notice 

of exemption was filed), and that 

operations will begin thereafter. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

No. 110–161, § 193, 121 Stat. 1844 

(2007), nothing in this decision 

authorizes the following activities at any 

solid waste rail transfer facility: 

Collecting, storing, or transferring solid 

waste outside of its original shipping 

container; or separating or processing 

solid waste (including baling, crushing, 

compacting, and shredding). The term 

‘‘solid waste’’ is defined in section 1004 

of the Solid Waste Disposal Act, 42 

U.S.C. 6903. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions for stay must 

be filed no later than July 17, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35258, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy of each 

pleading must be served on Daniel A. 

LaKemper, General Counsel, Mississippi 

Central Railroad Co., 1318 S. Johanson 

Road, Peoria, IL 61607. 

Board decisions and notices are 

available on our Web site at ‘‘http:// 

www.stb.dot.gov.’’ 

Decided: July 6, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–16319 Filed 7–9–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in California 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of limitation on claims 

for judicial review of actions by the 

California Department of Transportation 

(Caltrans), pursuant to 23 U.S.C. 327. 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans that 

are final within the meaning of 23 

U.S.C. 139(l)(1). The actions relate to a 

proposed highway project, the Cold 

Spring Canyon Bridge Suicide Barrier 

project on State Route 154 at Cold 

Spring Canyon Bridge, 05–SB–154–PM 

22.9/23.1, in the County of Santa 

Barbara, State of California. Those 

actions grant licenses, permits, and 

approvals for the project. 

DATES: By this notice, the FHWA, on 

behalf of Caltrans, is advising the public 

of final agency actions subject to 23 

U.S.C. 139(l)(1). A claim seeking 

judicial review of the Federal agency 

actions on the highway project will be 

barred unless the claim is filed on or 

before January 6, 2010. If the Federal 

law that authorizes judicial review of a 

claim provides a time period of less 

than 180 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: For 

Caltrans: Matt Fowler, Chief, 

Environmental Branch, Caltrans, 50 

Higuera Street, San Luis Obispo, CA 

93401 Monday through Friday 8 a.m. to 

5 p.m. (805) 542–4603 or 

matt_c_fowler@dot.ca.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, the Federal Highway 

Administration (FHWA) assigned, and 

the California Department of 

Transportation (Caltrans) assumed, 

environmental responsibilities for this 

project pursuant to 23 U.S.C. 327. 

Notice is hereby given that the Caltrans 

has taken final agency actions subject to 

23 U.S.C. 139(l)(1) by issuing licenses, 

permits, and approvals for the following 

highway project in the State of 

California. The project includes the 

installation of a physical suicide barrier 

on each side of the Cold Spring Canyon 

Bridge, on State Route 154 near San 

Marcos Pass in Santa Barbara County. 

The bridge spans a distance of over 

1,200 feet in length and is more than 

400 feet in height. The purpose of the 

proposed project is to: (1) Reduce the 

number of suicides at the Cold Spring 

Canyon Bridge resulting from 

individuals jumping off the bridge, and 

(2) Reduce the exposure to risks for 

emergency personnel such as law 

enforcement officers or search and 

rescue teams when attempting to 

prevent persons from jumping off of the 

bridge, and reduce the number of 

recoveries that need to be performed 

following a suicide jump from the 

bridge. The actions by the Federal 

agencies, and the laws under which 

such actions were taken, are described 

in the Environmental Assessment/ 

Finding of No Significant Impact (EA/ 

FONSI) for the project, approved on 

June 22, 2009, and in other documents 

in the FHWA project records. The EA/ 

FONSI and other project records are 

available by contacting Caltrans at the 

address provided above. The Caltrans 

EA/FONSI can be viewed and 

downloaded from the Caltrans Web site 

at http://www.dot.ca.gov/dist05/ 

projects/sb_cold_springs/eir09june.pdf 


sroberts on DSKD5P82C1PROD with NOTICES