Proposed Information Collection Request Submitted for Public Comment and Recommendations; Foreign Labor Certification Quarterly Activity Report, 66860-66861 [E5-6097]
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66860
Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Notices
exemption, as described herein, and
ensures that such terms and conditions
are at all times satisfied;
(d) Throughout the duration of the
Lease of the Premises, the I/F monitors
compliance with the terms of the Lease
of the Premises and takes any and all
steps necessary to ensure that the Plan
is protected, including, but not limited
to, notifying Dakotas NECA of the Plan’s
intention to extend the Lease of the
Premises at the conclusion of the initial
five (5) year term of the Lease;
(e) The rent paid by the Plan for the
Premises under the terms of the Lease
and under the terms of any subsequent
extension of the Lease is at no time
greater than the fair market rental value
of the Premises, as determined by an
independent, qualified appraiser
retained by the Board of Trustees of the
Plan (the Trustees);
(f) The Plan pays no rent for the
Premises, any remodeling or
maintenance costs, any taxes, insurance,
operating expenses or other costs,
expenses, or charges for the Premises for
the period from the date of the Plan’s
first occupancy of the Premises to the
date the final exemption is published in
the Federal Register. Nothing in this
condition (f) shall preclude the payment
by the Plan of rent plus its proportionate
share of the cost of taxes, maintenance,
and insurance on the Premises after the
final exemption is published in the
Federal Register and the Lease of the
Premises is executed;
(g) Under the provisions of the Lease,
the transaction is on terms and at all
times remains on terms that are at least
as favorable to the Plan as those that
would have been negotiated under
similar circumstances at arm’s length
with an unrelated third party;
(h) The transaction is appropriate and
helpful in carrying out the purposes for
which the Plan is established or
maintained;
(i) The Trustees maintain, or cause to
be maintained within the United States
for a period of six (6) years in a manner
that is convenient and accessible for
audit and examination, such records as
are necessary to enable the persons
described, below, in paragraph (j)(1) of
this exemption to determine whether
the conditions of this exemption have
been met; except that—
(1) If the records necessary to enable
the persons described, below, in
paragraph (j)(1) of this exemption to
determine whether the conditions of
this exemption have been met are lost
or destroyed, due to circumstances
beyond the control of the Trustees, then
no prohibited transaction will be
considered to have occurred solely on
VerDate Aug<31>2005
18:27 Nov 02, 2005
Jkt 208001
the basis of the unavailability of those
records; and
(2) No party in interest, other than the
Trustees shall be subject to the civil
penalty that may be assessed under
section 502(i) of the Act, or to the taxes
imposed by section 4975(a) and (b) of
the Code, if the records are not
maintained, or are not available for
examination as required by paragraph (i)
of this exemption; and
(j)(1) Except as provided, below, in
paragraph (j)(2) of this exemption and
notwithstanding any provisions of
sections (a)(2) and (b) of section 504 of
the Act, the records referred to in
paragraph (i) of this exemption 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 any other
applicable federal or state regulatory
agency;
(B) Any fiduciary of the Plan, or any
duly authorized representative of such
fiduciary;
(C) Any contributing employer to the
Plan and any employee organization
whose members are covered by the Plan,
or any duly authorized employee or
representative of these entities; or
(D) Any participant or beneficiary of
the Plan, or any duly authorized
representative of such participant or
beneficiary.
(2) None of the persons described,
above, in paragraph (j)(1)(B)–(D) of this
exemption are authorized to examine
trade secrets or commercial or financial
information that is privileged or
confidential.
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
August 12, 2005, at 70 FR 47252.
For Further Information Contact:
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 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
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
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 31st day of
October, 2005.
Ivan Strasfeld,
Director of Exemption Determinations,
Employee Benefits Security Administration,
U.S. Department of Labor.
[FR Doc. 05–21963 Filed 11–2–05; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Proposed Information Collection
Request Submitted for Public
Comment and Recommendations;
Foreign Labor Certification Quarterly
Activity Report
ACTION:
Notice.
SUMMARY: The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95) [44 U.S.C. 3506(c)(A)]. This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the
Employment and Training
E:\FR\FM\03NON1.SGM
03NON1
Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Notices
Administration, Office of National
Programs is soliciting comments
concerning the proposed collection of
information on the Foreign Labor
Certification Quarterly Activity Report
from the State Workforce Agencies. A
copy of the proposed Information
Collection Request (ICR) can be
obtained by contacting the office listed
below in the addressee section of this
Notice.
DATES: Written comments must be
submitted to the office listed in the
addressee’s section below on or before
January 3, 2006.
ADDRESSES: John R. Beverly,
Administrator, Office of National
Programs, U.S. Department of Labor,
Employment and Training
Administration, Room C–4312, 200
Constitution Avenue, NW., Washington,
DC 20210, phone: (202) 693–3010 (this
is not a toll-free number); fax: (202)
693–2768; e-mail:
ETAperforms@dol.gov.
FOR FURTHER INFORMATION CONTACT:
Gregory Wilson, Program Analyst,
Division of Foreign Labor Certification,
U.S. Department of Labor, Employment
& Training Administration, Room C–
4312, 200 Constitution Avenue, NW.,
Room C–4312, Washington, DC 20210;
phone: (202) 693–3010 (this is not a tollfree number); fax: (202) 693–2768; email: ETAperforms@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Foreign labor certification programs
administered by the Employment and
Training Administration (ETA) of the
Department of Labor (DOL or
Department) require State Workforce
Agencies (SWAs) to initially process
applications for temporary labor
certifications (H–2A and H–2B) filed by
U.S. employers on behalf of foreign
workers seeking to be employed in the
U.S. SWAs are also responsible for
issuing prevailing wage determinations,
reviewing employer-provided wage
surveys or other source data, conducting
housing inspections of facilities offered
to migrant and seasonal workers, and
conducting and monitoring recruitment
activities seeking qualified U.S. workers
for the temporary jobs employers are
attempting to fill with foreign workers.
The SWAs perform these functions
under a reimbursable grant that is
awarded annually. The information
pertaining to these functions is
proposed to be collected on the Form
ETA 9127 and will be used by
Departmental staff to manage foreign
(alien) labor certification programs in
the SWAs. The Department will use the
data collected to: (1) Monitor the
VerDate Aug<31>2005
18:27 Nov 02, 2005
Jkt 208001
number of temporary applications that
are received, processed, and forwarded
to the national processing centers; (2)
determine the number of prevailing
wage determinations issued to
employers under the permanent and
temporary labor certification programs,
as well as the H–1B program for
nonimmigrant professionals in specialty
occupations; and (3) track the number of
agricultural prevailing wage and
practice surveys conducted, housing
inspections made, and job orders filed.
The information on workload will be
used for formulating budget estimates
for both state and Federal workloads,
and for monitoring a state’s performance
against the grant statement of work and
work plan. Without such information,
the budget workload figures will be
estimates and the allocation of funding
to the SWAs will not reflect the true
workload in a state.
II. Review Focus
Currently, the Department is soliciting
comments concerning the proposed
collection of information on the Foreign
Labor Certification Quarterly Activity
Report.
The Department is particularly
interested in comments which:
• Evaluate whether the proposed
information collection 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 collections techniques or
other forms of information, e.g.,
permitting electronic submissions of
responses.
A copy of the proposed ICR can be
obtained by contacting the office listed
above in the addressee section of this
notice.
III. Current Actions
In order for the Department to meet its
statutory responsibilities under the
Immigration and Nationality Act, there
is a need for a new collection of
information pertaining to the SWAs
changing role in the program. There is
an increase in burden due to a change
in the frequency of the report.
PO 00000
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Fmt 4703
Sfmt 4703
66861
Type of Review: Proposed information
request.
Agency: Employment and Training
Administration, Labor.
Title: Foreign Labor Certification
Quarterly Activity Report OMB Number:
1205–XXXX (new).
Affected Public: State, local, or tribal
governments.
Form: ETA 9127.
Total Respondents: 54 State
Workforce Agencies.
Frequency of Response: Quarterly.
Total Responses: 216.
Average Burden Hours Per Response:
2 hours.
Estimate Total Annual Burden Hours:
432.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
ICR; they will also become a matter of
public record.
Dated: October 18, 2005.
Emily Stover DeRocco,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. E5–6097 Filed 11–2–05; 8:45 am]
BILLING CODE 4510–30–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (05–149)]
Notice of Intent To Grant Partially
Exclusive License
National Aeronautics and
Space Administration.
ACTION: Notice of intent to grant
partially exclusive license.
AGENCY:
SUMMARY: This notice is issued in
accordance with 35 U.S.C. 209(c)(1) and
37 CFR 404.7(a)(1)(i). NASA hereby
gives notice of its intent to grant a
partially exclusive license in the United
States to practice the inventions
described and claimed in U.S. Patent
Nos. 5,153,131, entitled ‘‘High Aspect
Reactor Vessel and Method of Use’’;
5,153,132, entitled ‘‘Three-Dimensional
Co-culture Process’’; 5,153,133, entitled
‘‘Method for Culturing Mammalian Cells
in a Horizontally Rotated Bioreactor’’;
5,155,034, entitled ‘‘Three Dimensional
Cell to Tissue Assembly Process’’;
5,155,035, entitled ‘‘ Method for
Culturing Mammalian Cells in a
Perfused Bioreactor’’; 5,308,764, entitled
‘‘Multi-Cellular Three-Dimensional
Living Mammalian Tissue’’; 5,496,722,
entitled ‘‘Method for Producing Nonneoplastic, Three-dimensional,
Mammalian Tissue and Cell Aggregates
under Microgravity Culture Conditions
E:\FR\FM\03NON1.SGM
03NON1
]]>Agencies
[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Notices]
[Pages 66860-66861]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6097]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Proposed Information Collection Request Submitted for Public
Comment and Recommendations; Foreign Labor Certification Quarterly
Activity Report
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a preclearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and/or continuing
collections of information in accordance with the Paperwork Reduction
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(A)]. This program helps to
ensure that requested data can be provided in the desired format,
reporting burden (time and financial resources) is minimized,
collection instruments are clearly understood, and the impact of
collection requirements on respondents can be properly assessed.
Currently, the Employment and Training
[[Page 66861]]
Administration, Office of National Programs is soliciting comments
concerning the proposed collection of information on the Foreign Labor
Certification Quarterly Activity Report from the State Workforce
Agencies. A copy of the proposed Information Collection Request (ICR)
can be obtained by contacting the office listed below in the addressee
section of this Notice.
DATES: Written comments must be submitted to the office listed in the
addressee's section below on or before January 3, 2006.
ADDRESSES: John R. Beverly, Administrator, Office of National Programs,
U.S. Department of Labor, Employment and Training Administration, Room
C-4312, 200 Constitution Avenue, NW., Washington, DC 20210, phone:
(202) 693-3010 (this is not a toll-free number); fax: (202) 693-2768;
e-mail: ETAperforms@dol.gov.
FOR FURTHER INFORMATION CONTACT: Gregory Wilson, Program Analyst,
Division of Foreign Labor Certification, U.S. Department of Labor,
Employment & Training Administration, Room C-4312, 200 Constitution
Avenue, NW., Room C-4312, Washington, DC 20210; phone: (202) 693-3010
(this is not a toll-free number); fax: (202) 693-2768; e-mail:
ETAperforms@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Foreign labor certification programs administered by the Employment
and Training Administration (ETA) of the Department of Labor (DOL or
Department) require State Workforce Agencies (SWAs) to initially
process applications for temporary labor certifications (H-2A and H-2B)
filed by U.S. employers on behalf of foreign workers seeking to be
employed in the U.S. SWAs are also responsible for issuing prevailing
wage determinations, reviewing employer-provided wage surveys or other
source data, conducting housing inspections of facilities offered to
migrant and seasonal workers, and conducting and monitoring recruitment
activities seeking qualified U.S. workers for the temporary jobs
employers are attempting to fill with foreign workers. The SWAs perform
these functions under a reimbursable grant that is awarded annually.
The information pertaining to these functions is proposed to be
collected on the Form ETA 9127 and will be used by Departmental staff
to manage foreign (alien) labor certification programs in the SWAs. The
Department will use the data collected to: (1) Monitor the number of
temporary applications that are received, processed, and forwarded to
the national processing centers; (2) determine the number of prevailing
wage determinations issued to employers under the permanent and
temporary labor certification programs, as well as the H-1B program for
nonimmigrant professionals in specialty occupations; and (3) track the
number of agricultural prevailing wage and practice surveys conducted,
housing inspections made, and job orders filed. The information on
workload will be used for formulating budget estimates for both state
and Federal workloads, and for monitoring a state's performance against
the grant statement of work and work plan. Without such information,
the budget workload figures will be estimates and the allocation of
funding to the SWAs will not reflect the true workload in a state.
II. Review Focus
Currently, the Department is soliciting comments concerning the
proposed collection of information on the Foreign Labor Certification
Quarterly Activity Report.
The Department is particularly interested in comments which:
Evaluate whether the proposed information collection 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 collections
techniques or other forms of information, e.g., permitting electronic
submissions of responses.
A copy of the proposed ICR can be obtained by contacting the office
listed above in the addressee section of this notice.
III. Current Actions
In order for the Department to meet its statutory responsibilities
under the Immigration and Nationality Act, there is a need for a new
collection of information pertaining to the SWAs changing role in the
program. There is an increase in burden due to a change in the
frequency of the report.
Type of Review: Proposed information request.
Agency: Employment and Training Administration, Labor.
Title: Foreign Labor Certification Quarterly Activity Report OMB
Number: 1205-XXXX (new).
Affected Public: State, local, or tribal governments.
Form: ETA 9127.
Total Respondents: 54 State Workforce Agencies.
Frequency of Response: Quarterly.
Total Responses: 216.
Average Burden Hours Per Response: 2 hours.
Estimate Total Annual Burden Hours: 432.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the ICR; they will also become a matter of public record.
Dated: October 18, 2005.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. E5-6097 Filed 11-2-05; 8:45 am]
BILLING CODE 4510-30-P
