Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 36779 

aggregate amount that is more than the 

sum of: 

(1) The purchase price paid to the 

Plan for the Securities by BNY Mellon; 

and 

(2) the income (interest or dividends, 

as applicable) due on the Securities 

from and after the date BNY Mellon 

purchased the Securities from the Plan, 

at the rate specified in the respective 

offering documents for the Securities or 

determined pursuant to a successful 

auction with respect to the Securities, 

BNY Mellon will refund such excess 

amount promptly to the Plan (after 

deducting all reasonable expenses 

incurred in connection with the 

recovery); 

(k) Neither BNYMC nor any affiliate 

exercises investment discretion or 

renders investment advice (within the 

meaning of 29 CFR 2510.3–21(c)) with 

respect to the decision to accept the 

written offer or retain the Security; 

(l) BNY Mellon maintains, or causes 

to be maintained, for a period of six (6) 

years from the date of any covered 

transaction such records as are 

necessary to enable the person 

described below in paragraph (m)(i), to 

determine whether the conditions of 

this exemption have been met, except 

that— 

(i) No party in interest with respect to 

a Plan which engages in the covered 

transactions, other than BNY Mellon, 

shall be subject to a civil penalty under 

section 502(i) of the Act or the taxes 

imposed by section 4975(a) and (b) of 

the Code, if such records are not 

maintained, or not available for 

examination, as required, below, by 

paragraph (m)(i); 

(ii) A separate prohibited transaction 

shall not be considered to have occurred 

solely because due to circumstances 

beyond the control of BNY Mellon, such 

records are lost or destroyed prior to the 

end of the six-year period. 

(m)(i) Except as provided, below, in 

paragraph (m)(ii), and notwithstanding 

any provisions of subsections (a)(2) and 

(b) of section 504 of the Act, the records 

referred to, above, in paragraph (l) are 

unconditionally available at their 

customary location for examination 

during normal business hours by— 

(A) Any duly authorized employee or 

representative of the Department, the 

Internal Revenue Service, or the 

Securities and Exchange Commission; 

or 

(B) Any fiduciary of any Plan that 

engages in the covered transactions, or 

any duly authorized employee or 

representative of such fiduciary; or 

(C) Any employer of participants and 

beneficiaries and any employee 

organization whose members are 

covered by a Plan that engages in the 

covered transactions, or any authorized 

employee or representative of these 

entities; or 

(D) Any participant or beneficiary of 

a Plan that engages in a covered 

transaction, or duly authorized 

employee or representative of such 

participant or beneficiary; 

(ii) None of the persons described, 

above, in paragraph (m)(i)(B)–(D) shall 

be authorized to examine trade secrets 

of BNY Mellon, or commercial or 

financial information which is 

privileged or confidential; and 

(iii) Should BNY Mellon refuse to 

disclose information on the basis that 

such information is exempt from 

disclosure, BNY Mellon shall, by the 

close of the thirtieth (30th) day 

following the request, provide a written 

notice advising that person of the 

reasons for the refusal and that the 

Department may request such 

information. 

Section II. Definitions 

(a) The term ‘‘affiliate’’ means any 

person directly or indirectly, through 

one or more intermediaries, controlling, 

controlled by, or under common control 

with such other person; 

(b) The term ‘‘Auction Rate Security’’ 

or ‘‘Security’’ means a security: 

(1) That is either a debt instrument 

(generally with a long-term nominal 

maturity) or preferred stock; and 

(2) with an interest rate or dividend 

that is reset at specific intervals through 

a ‘‘Dutch auction’’ process; 

(c) The term ‘‘Independent’’ means a 

person who is not BNYMC or an affiliate 

(as defined in Section II(a)); and 

(d) The term ‘‘Plan’’ means any plan 

described in section 3(3) of the Act and/ 

or section 4975(e)(1) of the Code. 

For a more complete statement of the 

facts and representations supporting the 

Department’s decision to grant this 

exemption, refer to the notice of 

proposed exemption published on May 

6, 2009 at 74 FR 20987. 

DATES: Effective Date: This exemption is 

effective from October 3, 2008 through 

December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: Gary 

H. Lefkowitz of the Department, 

telephone (202) 693–8546. (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 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) This exemption is supplemental to 

and not in derogation of, any other 

provisions of the Act and/or the Code, 

including statutory or administrative 

exemptions and transactional 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 

(3) The availability of this exemption 

is subject to the express condition that 

the material facts and representations 

contained in the 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. E9–17468 Filed 7–23–09; 8:45 am] 

BILLING CODE 4510–29–P 

NATIONAL SCIENCE FOUNDATION 

Agency Information Collection 

Activities: Comment Request 

AGENCY: National Science Foundation. 

ACTION: Submission for OMB Review; 

Comment Request. 

SUMMARY: The National Science 

Foundation (NSF) has submitted the 

following information collection 

requirement to OMB for review and 

clearance under the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. This is the second notice for public 

comment; the first was published in the 

Federal Register at 74 FR 24043, and 

one comment was received. NSF is 

forwarding the proposed renewal 

submission to the Office of Management 

and Budget (OMB) for clearance 

simultaneously with the publication of 

this second notice. The full submission 

may be found at: http:// 

www.reginfo.gov/public/do/PRAMain. 


srobinson on DSKHWCL6B1PROD with NOTICES
36780 Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices 

Comments regarding (a) Whether the 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; (b) the accuracy of the 

agency’s estimate of burden including 

the validity of the methodology and 

assumptions used; (c) ways to enhance 

the quality, utility and clarity of the 

information to be collected; or (d) ways 

to 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 technology should be 

addressed to: Office of Information and 

Regulatory Affairs of OMB, Attention: 

Desk Officer for National Science 

Foundation, 725 17th Street, NW., Room 

10235, Washington, DC 20503, and to 

Suzanne Plimpton, Reports Clearance 

Officer, National Science Foundation, 

4201 Wilson Boulevard, Suite 295, 

Arlington, Virginia 22230 or send e-mail 

to splimpto@nsf.gov. Comments 

regarding these information collections 

are best assured of having their full 

effect if received within 30 days of this 

notification. Copies of the submission(s) 

may be obtained by calling 703–292– 

7556. 

FOR FURTHER INFORMATION CONTACT: 

Written comments regarding the 

information collection and requests for 

copies of the proposed information 

collection request should be addressed 

to Suzanne Plimpton, Reports Clearance 

Officer, National Science Foundation, 

4201 Wilson Blvd., Rm. 295, Arlington, 

VA 22230, or by e-mail to 

splimpto@nsf.gov. 

NSF may not conduct or sponsor a 

collection of information unless the 

collection of information displays a 

currently valid OMB control number 

and the agency informs potential 

persons who are to respond to the 

collection of information that such 

persons are not required to respond to 

the collection of information unless it 

displays a currently valid OMB control 

number. 

SUPPLEMENTARY INFORMATION: 

Comment: On May 22, 2009, we 

published in the Federal Register (74 

FR 24043) a 60-day notice of our intent 

to request reinstatement of this 

information collection authority from 

OMB. In that notice, we solicited public 

comments for 60 days ending July 21, 

2009. One comment came from B. 

Sachau of Florham Park, NJ, via e-mail 

on May 22, 2009, who objected to this 

information collection. 

Response: (Some background on the 

program to clarify the survey request is 

provided.) The Alliances for Broadening 

Participation in STEM (ABP) includes 

three programs: the Louis Stokes 

Alliances for Minority Participation 

(LSAMP) program; the Bridge to the 

Doctorate (LSAMP–BD) Activity; and 

the Alliances for Graduate Education 

and the Professoriate (AGEP) program. 

This portfolio of programs seeks to 

increase the number of students 

successfully completing quality degree 

programs in science, technology, 

engineering and mathematics (STEM). 

Particular emphasis is placed on 

transforming STEM education through 

innovative academic strategies and 

experiences in support of groups that 

historically have been underrepresented 

in STEM disciplines: AfricanAmericans, Alaskan Natives, Native 

Americans, Hispanic Americans, and 

Native Pacific Islanders. 

Managed synergistically, the ABP 

cluster enables seamless transitions 

from the STEM baccalaureate to 

attainment of the doctorate and entry to 

the STEM professoriate. ABP support 

begins at the baccalaureate level through 

the LSAMP program. LSAMP 

emphasizes development of broad based 

regional and national alliances of 

academic institutions, school districts, 

State and local governments, and the 

private sector to increase the diversity 

and quality of the STEM workforce. 

Eligible LSAMP undergraduate students 

may receive continued support for up to 

two additional years of STEM graduate 

study through the Bridge to the 

Doctorate (BD) Activity. The Bridge to 

the Doctorate provides significant 

financial support for matriculating 

candidates in STEM graduate programs 

at eligible alliance sites. 

Alliances for Graduate Education and 

the Professoriate (AGEP) furthers the 

graduate education of underrepresented 

STEM students through the doctorate 

level, preparing them for fulfilling 

opportunities and productive careers as 

STEM faculty and research 

professionals. AGEP also supports the 

transformation of institutional culture to 

attract and retain STEM doctoral 

students into the professorate. Further 

information may be found via the AGEP 

Web page: http://www.agep.us/ 

index.asp#maincontent. 

NSF believes that because the 

comment does not contain suggestions 

for altering the collection of information 

for which NSF is seeking OMB 

approval, NSF is proceeding with the 

clearance request. 

Title of Collection: National 

Evaluation of the Alliances for Graduate 

Education and the Professoriate Faculty 

and Student Surveys. 

OMB Control No.: 3145–NEW. 

Abstract: The Division of Human 

Resource Development (EHR/HRD) of 

the National Science Foundation has 

requested impact information on the 

Alliances for Graduate Education and 

the Professoriate (AGEP) Program. 

Funded by NSF, the AGEP Program has 

funded 28 alliances of colleges and 

universities to promote the participation 

of underrepresented minority groups in 

PhD programs in the fields of science, 

technology, engineering, and 

mathematics (STEM). The ultimate goal 

of the program is to increase the number 

of underrepresented minorities in these 

fields who enter the professoriate. NSF 

now seeks follow-up information on 

program participants—that is, students 

and faculty— to determine what impact 

the program has had on graduate 

students’ decisions to enroll in and 

graduate from STEM doctoral programs 

and enter the professoriate. NSF 

proposes a one-time on-line survey of 

STEM graduate students currently 

enrolled in STEM doctoral programs 

and faculty members at universities 

taking part in AGEP. 

Estimate of Burden: The Foundation 

estimates that, on average, 30 minutes 

per respondent will be required to 

complete the surveys, for a total of 8,250 

hours for all respondents. Respondents 

from the 104 institutions that received 

NSF AGEP support will be asked to 

complete this survey once. 

Respondents: STEM faculty at AGEP 

institutions and STEM graduate 

students at AGEP institutions. 

Estimate total number of responses: 

16,500. 

Estimated Total Annual Burden on 

Respondents: 8,250 hours. 

Dated: July 21, 2009. 

Suzanne H. Plimpton, 

Reports Clearance Officer, 

National Science Foundation. 

[FR Doc. E9–17678 Filed 7–23–09; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0323] 

Draft Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Draft Regulatory Guide, 

DG–3038. 


srobinson on DSKHWCL6B1PROD with NOTICES