Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices 36519 

any rights, claims, or causes of action in 

connection as a result of BNYMC’s 

ownership of the Securities, if such 

amounts are in excess of the sum of: 

(1) The purchase price paid for the 

Securities by BNYMC; and 

(2) The interest due on the Securities 

from and after the date BNYMC 

purchased the Securities from the Cash 

Collateral Fund, determined at the lastpublished interest rate on the Securities 

preceding Lehman’s bankruptcy filing 

(after deducting all reasonable expenses 

incurred in connection with the 

recovery); 

(h) BNY Mellon and its affiliates, as 

applicable, will maintain, or cause to be 

maintained, for a period of six (6) years 

from the date of any of covered 

transaction such records as are 

necessary to determine whether the 

conditions of this exemption have been 

met. 

Notice to Interested Persons 

The persons who may be interested in 

the publication in the Federal Register 

of the Notice of Proposed Exemption 

(the Notice) include each of the 

investors with a direct interest in the 

Cash Collateral Fund. 

It is represented that each of these 

interested persons will be notified of the 

publication of the Notice by personal or 

express delivery, within fifteen (15) 

calendar days of publication of the 

Notice in the Federal Register. Such 

mailing will contain a copy of the 

Notice, as it appears in the Federal 

Register on the date of publication, plus 

a copy of the Supplemental Statement, 

as required, pursuant to 29 CFR 

2570.43(b)(2), which will advise all 

interested persons of their right to 

comment and to request a hearing. 

Any written comments and/or 

requests for a hearing must be received 

by the Department from interested 

persons within 45 days of the 

publication of this proposed exemption 

in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Angelena C. Le Blanc of the Department, 

telephone (202) 693–8540. (This is not 

a toll-free number.) 

General Information 

The attention of interested persons is 

directed to the following: 

(1) The fact that a transaction is the 

subject of an exemption under section 

408(a) of the Act and/or section 

4975(c)(2) of the Code does not relieve 

a fiduciary or other party in interest or 

disqualified person from certain other 

provisions of the Act and/or the Code, 

including any prohibited transaction 

provisions to which the exemption does 

not apply and the general fiduciary 

responsibility provisions of section 404 

of the Act, which, among other things, 

require a fiduciary to discharge his 

duties respecting the plan solely in the 

interest of the participants and 

beneficiaries of the plan and in a 

prudent fashion in accordance with 

section 404(a)(1)(b) of the Act; nor does 

it affect the requirement of section 

401(a) of the Code that the plan must 

operate for the exclusive benefit of the 

employees of the employer maintaining 

the plan and their beneficiaries; 

(2) Before an exemption may be 

granted under section 408(a) of the Act 

and/or section 4975(c)(2) of the Code, 

the Department must find that the 

exemption is administratively feasible, 

in the interests of the plan and of its 

participants and beneficiaries, and 

protective of the rights of participants 

and beneficiaries of the plan; 

(3) The proposed exemption, if 

granted, will be supplemental to, and 

not in derogation of, any other 

provisions of the Act and/or the Code, 

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 

whether the transaction is in fact a 

prohibited transaction; and 

(4) The proposed exemption, if 

granted, will be subject to the express 

condition that the material facts and 

representations contained in each 

application are true and complete, and 

that each application accurately 

describes all material terms of the 

transaction which is the subject of the 

exemption. 

Signed at Washington, DC, this 16th day of 

July 2009. 

Ivan Strasfeld, 

Director of Exemption Determinations, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. E9–17467 Filed 7–22–09; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Brookwood-Sago Mine Safety Grants 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice, change in the grant 

application deadline. 

SUMMARY: On June 29, 2009, the U.S. 

Department of Labor, Mine Safety and 

Health Administration (MSHA), 

announced it was making $500,000 

available in grant funds for educational 

and training programs to help identify, 

avoid, and prevent unsafe working 

conditions in and around mines. 74 FR 

31049–31051. This notice advised that 

the solicitation for grant applications 

would be available June 30, 2009, on the 

Grants.gov Web site. The closing date 

for receipt of the grant applications was 

July 31, 2009. Because of administrative 

limitations associated with the 

Grants.gov Web site, MSHA is extending 

the deadline for receipt of grant 

applications for the Brookwood-Sago 

Mine Safety Grants to August 1, 2009. 

DATES: The closing date for submitting 

grant applications will be August 1, 

2009 (no later than 11:59 p.m. EDST). 

MSHA will award grants on or before 

September 30, 2009. 

ADDRESSES: Applications for grants 

submitted under this competition must 

be submitted electronically using the 

Government-wide site at http:// 

www.grants.gov. If applying online 

poses a hardship to any applicant, the 

MSHA Directorate of Educational Policy 

and Development will provide 

assistance to ensure that applications 

can be submitted online by the closing 

date. MSHA’s Web page at http:// 

www.msha.gov is a valuable source of 

background information on BrookwoodSago Safety Grants. 

FOR FURTHER INFORMATION CONTACT: Any 

questions regarding this solicitation for 

grant applications (SGA 09–3BS) should 

be directed to Robert Glatter at 

glatter.robert@dol.gov or at 202–693– 

9570 (this is not a toll-free number) or 

the Grant Officer, Darrell A. Cooper at 

cooper.darrell@dol.gov or at 202–693– 

9831 (this is not a toll-free number). 

Authority: 30 U.S.C. 965. 

Michael A. Davis, 

Deputy Assistant Secretary for Operations, 

Mine Safety and Health. 

[FR Doc. E9–17487 Filed 7–22–09; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Solicitation for Grant Applications; 

National Farmworker Jobs Program for 

Program Year 2009 

AGENCY: U.S. Department of Labor 

(Department or DOL), Employment and 

Training Administration (ETA). 

ACTION: Announcement of a Program 

Year (PY) 2009 grant competition for the 

Arkansas, Hawaii, Indiana, Maine, and 

Nebraska service delivery areas for 

operating the National Farmworker Jobs 

Program (NFJP) under section 167 of the 

Workforce Investment Act of 1998 


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