Submission for OMB Review: Comment Request, 37111-37112 [05-12695]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Notices
order (Order No. 6) requiring TsingTao
China to show cause why it should not
be found in default. TsingTao China did
not respond to the show cause order. On
November 10, 2004, the ALJ issued an
ID (Order No. 8), which was not
reviewed by the Commission, finding
respondent TsingTao China in default.
On November 22, 2004, the
complainants filed a motion for
immediate relief against TsingTao China
based on the ‘886 patent.
On April 13, 2005, the Commission
issued a notice indicating (1) that it had
determined not to review the ALJ’s ID
granting the Commission investigative
attorney’s (‘‘IA’’) motion for summary
determination of no violation because of
noninfringement of the ‘886 patent by
Pet Center, Inc., and (2) that it was
terminating the investigation as to the
last respondent, Pet Center. 70 FR 20596
(April 20, 2005). The Commission also
requested briefing on the issues of
remedy, the public interest, and
bonding relating to the default finding
of unlawful importation and sale of
infringing products by TsingTao China.
Id. The IA submitted his brief on
remedy, the public interest, and
bonding and his proposed order on
April 25, 2005. The complainants did
not submit a brief or a proposed order
and the respondent did not file a reply
submission.
The Commission found that each of
the statutory requirements of section
337(g)(1)(A)–(E), 19 U.S.C.
1337(g)(1)(A)–(E), has been met with
respect to defaulting respondent
TsingTao China. Accordingly, pursuant
to section 337(g)(1), 19 U.S.C.
1337(g)(1), and Commission rule
210.16(c) 19 CFR 210.16(c), the
Commission presumed the facts alleged
in the amended complaint to be true.
The Commission determined that the
appropriate form of relief in this
investigation is a limited exclusion
order prohibiting the unlicensed entry
of pet food treats covered by the ‘886
patent that are manufactured abroad by
or on behalf of, or imported by or on
behalf of, TsingTao China or any of its
affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns.
The Commission further determined
that the public interest factors
enumerated in section 337(g)(1), 19
U.S.C. 1337(g)(1), do not preclude
issuance of the limited exclusion order.
Finally, the Commission determined
that the amount of bond to permit
temporary importation during the
Presidential review period shall be in
the amount of 100 percent of the entered
value of the infringing imported pet
food treats. The Commission’s order was
VerDate jul<14>2003
16:46 Jun 27, 2005
Jkt 205001
delivered to the President on the day of
its issuance.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.16(c) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.16(c)).
Issued: June 22, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–12684 Filed 6–27–05; 8:45 am]
BILLING CODE 7020–02–P
JUDICIAL CONFERENCE OF THE
UNITED STATES
Meeting of the Judicial Conference
Advisory Committee on Rules of
Bankruptcy Procedure
Judicial Conference of the
United States, Advisory Committee on
Rules of Bankruptcy Procedure.
ACTION: Notice of open meeting.
AGENCY:
SUMMARY: The Advisory Committee on
Rules of Bankruptcy Procedure will
hold a two-day meeting. The meeting
will be open to public observation but
not participation.
DATES: August 3–4, 2005.
Time: 8:30 a.m. to 5 p.m.
ADDRESSES: Thurgood Marshall Federal
Judiciary Building, Judicial Conference
Center, One Columbus Circle, NE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: John
K. Rabiej, Chief, Rules Committee
Support Office, Administrative Office of
the United States Courts, Washington,
DC 20544, telephone (202) 502–1820.
Dated: June 22, 2005.
John K. Rabiej,
Chief, Rules Committee Support Office.
[FR Doc. 05–12686 Filed 6–27–05; 8:45 am]
BILLING CODE 2210–55–M
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
April 20, 2005.
The Department of Labor (DOL) has
submitted the following public
information collection request (ICR) to
the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
37111
44 U.S.C. chapter 35). A copy of this
ICR, with applicable supporting
documentation, may be obtained by
contacting the Darrin King on 202–693–
4129 (this is not a toll-free number) or
e-mail: king.darrin@dol.gov.
Comments should be sent to Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Employee Benefits Security
Administration (EBSA), Office of
Management and Budget, Room 10235,
Washington, DC 20503, 202–395–7316
(this is not a toll-free number), within
30 days from the date of this publication
in the Federal Register.
The OMB is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• 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,
e.g., permitting electronic submission of
responses.
Agency: Employee Benefits Security
Administration.
Type of Review: Extension of
currently approved collection.
Title: Prohibited Transaction
Exemption 86–128.
OMB Number: 1210–0059.
Frequency: On occasion; quarterly;
and annually.
Type of Response: Third party
disclosure.
Affected Public: Business or other forprofit; not-for-profit institutions; and
individuals or households.
Number of Respondents: 4,724.
Number of Annual Responses:
528,909.
Estimated Time Per Response: Varies
from 10 minutes to 1 and 1⁄4 hours.
Total Burden Hours: 93,530.
Total Annualized capital/startup
costs: $0.
Total Annual Costs (operating/
maintaining systems or purchasing
services): $183,554.
Description: Prohibited Transaction
Class Exemption 86–128 permits
persons who serve as fiduciaries for
E:\FR\FM\28JNN1.SGM
28JNN1
37112
Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Notices
employee benefit plans to effect or
execute securities transactions on behalf
of employee benefit plans. The
exemption also allows sponsors of
pooled separate accounts and other
pooled investment funds to use their
affiliates to effect or execute securities
transactions for such accounts in order
to recapture brokerage commissions for
benefit of employee benefit plans whose
assets are maintained in pooled separate
accounts managed by the insurance
companies. This exemption provides
relief from certain prohibitions in
section 406(b) of the Employee
Retirement Income Security Act of 1974
(ERISA) and from the taxes imposed by
section 4975(a) and (b) of the Internal
Revenue Code of 1986 (the Code) by
reason of Code section 4975(c)(1)(E) or
(F).
In order to insure that the exemption
is not abused, that the rights of
participants and beneficiaries are
protected, and that the exemption’s
conditions are being complied with, the
Department has included in the
exemption five information collection
requirements. The first requirement is
written authorization executed in
advance by an independent fiduciary of
the plan whose assets are involved in
the transaction with the brokerfiduciary. The second requirement is,
within three months of the
authorization, the broker-fiduciary
furnish the independent fiduciary with
any reasonably available information
necessary for the independent fiduciary
to determine whether an authorization
should be made. The information must
include a copy of the exemption, a form
for termination, and a description of the
broker-fiduciary’s brokerage placement
practices. The third requirement is that
the broker-fiduciary must provide a
termination form to the independent
fiduciary annually so that the
independent fiduciary may terminate
the authorization without penalty to the
plan; failure to return the form
constitutes continuing authorization.
The fourth requirement is for the brokerfiduciary to report all transactions to the
independent fiduciary, either by
confirmation slips or through quarterly
reports. The fifth requirement calls for
the broker-fiduciary to provide an
annual summary of the transactions.
The annual summary must contain all
security transaction-related charges
incurred by the plan, the brokerage
placement practices, and a portfolio
turnover ratio.
Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 05–12695 Filed 6–27–05; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
June 16, 2005.
The Department of Labor (DOL) has
submitted the following public
information collection requests (ICRs) to
the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. chapter 35). A copy of each
ICR, with applicable supporting
documentation, may be obtained by
contacting Darrin King on 202–693–
4129 (this is not a toll-free number) or
e-mail: king.darrin@dol.gov.
Comments should be sent to Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Employment Standards Administration
(ESA), Office of Management and
Budget, Room 10235, Washington, DC
20503, 202–395–7316 (this is not a tollfree number), within 30 days from the
date of this publication in the Federal
Register.
The OMB is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• 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,
e.g., permitting electronic submission of
responses.
Agency: Employment Standards
Administration.
Type of Review: Extension of
currently approved collection.
Title: (1) Miner’s Claim for Benefits
under the Black Lung Benefits Act; (2)
Employment History.
OMB Number: 1215–0052.
Frequency: On occasion.
Type of Response: Reporting.
Affected Public: Individuals or
households and business or other forprofit.
Number of Respondents: 9,000.
Estimated
annual responses
Form
Average response time
(hours)
Estimated annual burden
hours
CM–911 .......................................................................................................................................
CM–911a .....................................................................................................................................
4,000
5,000
0.75
0.67
3,000
3,333
Total ......................................................................................................................................
9,000
........................
6,333
Total Annualized Capital/Startup
Costs: $0.
Total Annual Costs (Operating/
Maintaining Systems or Purchasing
Services): $1,000.
Description: The Black Lung Act of
1977, as amended, 30 U.S.C. 901 et seq.,
provides for the payment of benefits to
a coal miner who is totally disabled due
to pneumoconiosis (black lung disease)
and to certain survivors of the miner
VerDate jul<14>2003
16:46 Jun 27, 2005
Jkt 205001
who died due to pneumoconiosis. A
miner who applies for black lung
benefits must complete the CM–911
(application form). The completed CM–
911 gives basic identifying information
about the applicant and is the beginning
of the development of the black lung
claim. An applicant filing for black
lungs benefits must also complete a
CM–911a at the same time the black
lung application form is submitted. The
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
CM–911a when completed is formatted
to render a complete history of
employment and helps to establish if
the miner currently or formerly worked
in the nation’s coal mines. The Black
Lung Benefits Act as amended, 30
U.S.C. et seq. and 20 CFR 725.304a,
necessitates the collection of this
information.
Agency:Employment Standards
Administration.
E:\FR\FM\28JNN1.SGM
28JNN1
]]>Agencies
[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Notices]
[Pages 37111-37112]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12695]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review: Comment Request
April 20, 2005.
The Department of Labor (DOL) has submitted the following public
information collection request (ICR) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of
this ICR, with applicable supporting documentation, may be obtained by
contacting the Darrin King on 202-693-4129 (this is not a toll-free
number) or e-mail: king.darrin@dol.gov.
Comments should be sent to Office of Information and Regulatory
Affairs, Attn: OMB Desk Officer for the Employee Benefits Security
Administration (EBSA), Office of Management and Budget, Room 10235,
Washington, DC 20503, 202-395-7316 (this is not a toll-free number),
within 30 days from the date of this publication in the Federal
Register.
The OMB is particularly interested in comments which:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
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, e.g., permitting
electronic submission of responses.
Agency: Employee Benefits Security Administration.
Type of Review: Extension of currently approved collection.
Title: Prohibited Transaction Exemption 86-128.
OMB Number: 1210-0059.
Frequency: On occasion; quarterly; and annually.
Type of Response: Third party disclosure.
Affected Public: Business or other for-profit; not-for-profit
institutions; and individuals or households.
Number of Respondents: 4,724.
Number of Annual Responses: 528,909.
Estimated Time Per Response: Varies from 10 minutes to 1 and \1/4\
hours.
Total Burden Hours: 93,530.
Total Annualized capital/startup costs: $0.
Total Annual Costs (operating/maintaining systems or purchasing
services): $183,554.
Description: Prohibited Transaction Class Exemption 86-128 permits
persons who serve as fiduciaries for
[[Page 37112]]
employee benefit plans to effect or execute securities transactions on
behalf of employee benefit plans. The exemption also allows sponsors of
pooled separate accounts and other pooled investment funds to use their
affiliates to effect or execute securities transactions for such
accounts in order to recapture brokerage commissions for benefit of
employee benefit plans whose assets are maintained in pooled separate
accounts managed by the insurance companies. This exemption provides
relief from certain prohibitions in section 406(b) of the Employee
Retirement Income Security Act of 1974 (ERISA) and from the taxes
imposed by section 4975(a) and (b) of the Internal Revenue Code of 1986
(the Code) by reason of Code section 4975(c)(1)(E) or (F).
In order to insure that the exemption is not abused, that the
rights of participants and beneficiaries are protected, and that the
exemption's conditions are being complied with, the Department has
included in the exemption five information collection requirements. The
first requirement is written authorization executed in advance by an
independent fiduciary of the plan whose assets are involved in the
transaction with the broker-fiduciary. The second requirement is,
within three months of the authorization, the broker-fiduciary furnish
the independent fiduciary with any reasonably available information
necessary for the independent fiduciary to determine whether an
authorization should be made. The information must include a copy of
the exemption, a form for termination, and a description of the broker-
fiduciary's brokerage placement practices. The third requirement is
that the broker-fiduciary must provide a termination form to the
independent fiduciary annually so that the independent fiduciary may
terminate the authorization without penalty to the plan; failure to
return the form constitutes continuing authorization. The fourth
requirement is for the broker-fiduciary to report all transactions to
the independent fiduciary, either by confirmation slips or through
quarterly reports. The fifth requirement calls for the broker-fiduciary
to provide an annual summary of the transactions. The annual summary
must contain all security transaction-related charges incurred by the
plan, the brokerage placement practices, and a portfolio turnover
ratio.
Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 05-12695 Filed 6-27-05; 8:45 am]
BILLING CODE 4510-29-P
