Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices 36515 

1For purposes of this proposed exemption, 

references to specific provisions of Title I of the 

Act, unless otherwise specified, refer also to the 

corresponding provisions of the Code. 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Dated: July 16, 2009. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E9–17536 Filed 7–22–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Foreign Claims Settlement 

Commission 

F.C.S.C. Meeting Notice No. 4–09 

The Foreign Claims Settlement 

Commission, pursuant to its regulations 

(45 CFR Part 504) and the Government 

in the Sunshine Act (5 U.S.C. 552b), 

hereby gives notice in regard to the 

scheduling of meetings for the 

transaction of Commission business and 

other matters specified, as follows: 

Date and Time: Tuesday, July 28, 

2009, at 11 a.m. 

Subject Matter: Issuance of Proposed 

Decisions in claims against Albania and 

Libya. 

Status: Open. 

All meetings are held at the Foreign 

claims Settlement Commission, 600 E 

Street, NW., Washington, DC. Requests 

for information, or advance notices of 

intention to observe an open meeting, 

may be directed to: Administrative 

Officer, Foreign Claims Settlement 

Commission, 600 E Street, NW., Room 

6002, Washington, DC 20579. 

Telephone: (202) 616–6975. 

Dated at Washington, DC. 

Mauricio J. Tamargo, 

Chairman. 

[FR Doc. E9–17443 Filed 7–22–09; 8:45 am] 

BILLING CODE 4410–01–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

[Application No. and Proposed Exemption 

Involving: Bank of New York Mellon 

Corporation, D–11553] 

Notice of Proposed Exemption 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Notice of proposed exemption. 

SUMMARY: This document contains a 

notice of pendency before the 

Department of Labor (the Department) of 

a proposed exemption from certain of 

the prohibited transaction restrictions of 

the Employee Retirement Income 

Security Act of 1974 (ERISA or 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 requests for 

a hearing on the pending exemption, 

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 

requests for a hearing (at least three 

copies) should be sent to the Employee 

Benefits Security Administration 

(EBSA), Office of Exemption 

Determinations, Room N–5649, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Attention: Application No. D–11553. 

Interested persons are also invited to 

submit comments and/or hearing 

requests to EBSA via e-mail or FAX. 

Any such comments or requests should 

be sent either by e-mail to: 

moffitt.betty@dol.gov, or by FAX to 

(202) 219–0204 by the end of the 

scheduled comment period. The 

application for exemption and the 

comments received will be available for 

public inspection in the Public 

Documents Room of the Employee 

Benefits Security Administration, U.S. 

Department of Labor, Room N–1513, 

200 Constitution Avenue, NW., 

Washington, DC 20210. 

Notice to Interested Persons 

Notice of the proposed exemption 

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 exemption was requested in 

an application 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, this notice of proposed 

exemption is issued solely by the 

Department. 

The application contains 

representations with regard to the 

proposed exemption which is 

summarized below. Interested persons 

are referred to the application on file 

with the Department for a complete 

statement of the facts and 

representations. 

Bank of New York Mellon Corporation 

Located in Pittsburgh, PA 

[Application No. D–11553] 

Proposed Exemption 

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, 32847, August 10, 1990). 

If the proposed exemption is granted, 

the restrictions of sections 406(a)(1)(A) 

through (D), 406(b)(1) and 406(b)(2) of 

the Act and the sanctions resulting from 

the application of section 4975 of the 

Code, by reason of section 4975(c)(1)(A) 

through (E) of the Code,1 shall not 

apply, effective November 25, 2008, to 

the cash sale of certain securities (the 

Securities) issued by Lehman Brothers 

Holdings Inc. or its affiliates (Lehman) 

for an aggregate purchase price of 

approximately $5,512,395 by the EB 

SMAM Securities Lending Temporary 

Investment Fund (the Cash Collateral 

Fund) to the Bank of New York Mellon 

Corporation (BNYMC), a party in 

interest with respect to the employee 

benefit plans (the Plan(s)) invested, 

directly or indirectly, in the Cash 

Collateral Fund; provided that the 

following conditions are met: 

(a) The sale of the Securities was a 

one-time transaction for cash; 

(b) The Cash Collateral Fund received 

an amount for the sale of the Securities 

which was equal to the sum of: 

(1) the amortized cost of the 

Securities, and (2) the accrued but 


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