Proposed Extension of Information Collection; Comment Request; Prohibited Transaction Class Exemption 91-38, Bank Collective Investment Funds, 19543-19544 [E6-5564]

Download as PDF wwhite on PROD1PC65 with NOTICES Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Notices ’613 patent’’), and claims 1–2 of United States Patent No. 6,840,612 (‘‘the ’612 patent’’). The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation names HANA Corporation (‘‘HANA’’) of Seoul, Republic of Korea, and InkSticks.com, Inc. (‘‘InkSticks.com’’) of Cheyenne, Wyoming, as respondents. The administrative law judge (‘‘ALJ’’) issued an initial determination on December 20, 2005, finding HANA and InkSticks.com in default, because neither respondent replied to the complaint or notice of investigation, and neither respondent replied to a show cause order issued by the ALJ on November 5, 2005. The Commission declined to review the ALJ’s determination that respondents HANA and InkSticks.com, the only respondents named in the investigation, defaulted. Commission Notice, dated January 13, 2006. On February 10, 2006, the Commission issued a notice requesting 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 HANA and InkSticks.com. Complainant submitted a brief along with proposed orders on February 24, 2006. The Commission investigative attorney (‘‘IA’’) also submitted a brief on remedy, the public interest, and bonding along with proposed orders on February 24, 2006. The complainant and the IA chose not to file reply briefs. Having examined the record of this investigation, including the submissions of the parties, the Commission has determined that each of the statutory requirements of section 337(g)(1), 19 U.S.C. 1337(g)(1), has been met with respect to defaulting respondents HANA and InkSticks.com. 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 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 ink sticks for solid ink printers covered by one or more of claim 16 of the ’713 patent, claims 5–10 and 13–14 of the ’613 patent, or claims 1–2 of the ’612 patent that are manufactured abroad by or on behalf of, or imported by or on behalf of, HANA or InkSticks.com or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The Commission further determined that the appropriate VerDate Aug<31>2005 16:37 Apr 13, 2006 Jkt 208001 form of relief also includes a cease and desist order prohibiting InkSticks.com from importing, selling for importation, marketing, advertising, distributing, offering for sale, selling, transferring (except for exportation), advertising, and soliciting United States agents or distributors for ink sticks for solid ink printers that are covered by one or more of claim 16 of the ’713 patent, claims 5– 10 and 13–14 of the ’613 patent, or claims 1–2 of the ’612 patent. 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 or the cease and desist order. Finally, the Commission determined that the amount of bond to permit temporary importation during the Presidential review period, under 19 U.S.C. 1337(j), shall be in the amount of 100 percent of the entered value of the infringing imported ink sticks for solid ink printers. The Commission’s orders were delivered to the President and the United States Trade Representative on the day of their 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 § 210.16(c) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.16(c). Issued: April 11, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–5571 Filed 4–13–06; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–06–025] Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: April 21, 2006 at 11 a.m. PLACE: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: None. 2. Minutes. 3. Ratification List. 4. Inv. No. 731–TA–1103 (Preliminary) (Certain Activated Carbon from China)—briefing and vote. (The Commission is currently scheduled to transmit its determination to the Secretary of Commerce on or before AGENCY HOLDING THE MEETING: PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 19543 April 24, 2006; Commissioners’ opinions are currently scheduled to be transmitted to the Secretary of Commerce on or before May 1, 2006.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Issued: April 12, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 06–3632 Filed 4–12–06; 12:30 pm] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection; Comment Request; Prohibited Transaction Class Exemption 91–38, Bank Collective Investment Funds Employee Benefits Security Administration, Department of Labor. ACTION: Notice. AGENCY: 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 continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95). This program helps to ensure that the Department can properly assess the impact of its information collection requirements on respondents and minimize the reporting burden (in both time and financial resources) on the public and that the public can clearly understand the Department’s information collection instruments and can provide the requested data in the desired format. Currently, the Employee Benefits Security Administration (EBSA) is soliciting comments on a proposed extension of the information collection provisions of Prohibited Transaction Class Exemption (PTE) 91– 38, Bank Collective Investment Funds. A copy of the Information Collection Request (ICR) can be obtained by contacting the office listed in the Addresses section of this notice. DATES: Written comments must be submitted to the office shown in the Addresses section below on or before June 13, 2006. E:\FR\FM\14APN1.SGM 14APN1 19544 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Notices Direct all written comments to Susan G. Lahne, Office of Policy and Research, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N–5718, Washington, DC 20210, (202) 693–8410, FAX (202) 219–4745 (the foregoing are not toll-free numbers). Comments may also be submitted electronically to the following Internet e-mail address: ebsa.opr@dol.gov. SUPPLEMENTARY INFORMATION: wwhite on PROD1PC65 with NOTICES ADDRESSES: I. Background Prohibited Transaction Exemption (PTE) 91–38 provides an exemption from the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) for certain transactions between a bank collective investment fund and persons who are parties in interest with respect to an employee benefit plan. Without the exemption, sections 406 and 407(a) of ERISA and section 4975(c)(1) of the Internal Revenue Code may prohibit transactions between the collective investment fund (CIF) and a party in interest to one or more of the employee benefit plans participating in the collective investment fund. Under PTE 91–38, a collective investment fund generally may engage in transactions with parties in interest to a plan that invests in the fund as long as the plan’s total investment in the fund does not exceed a specified percentage of the total assets of the fund. The PTE also contains more limited or differently defined relief for funds holding more than the specified percentage, for multiemployer plans, and for transactions involving employer securities and employer real property. In order to ensure that the rights of participants and beneficiaries are protected, and that bank collective investment funds can demonstrate compliance with the terms of the exemption, the Department requires a bank to maintain records regarding the exempted transactions and make them available for inspection to specified interested persons (including the Department and the Internal Revenue Service) on request for a period of six years. EBSA previously submitted the information collection provisions of PTE 91–38 to the Office of Management and Budget (OMB) for review in an ICR that was approved under the OMB Control No. 1210–0083. The current approval is scheduled to expire on July 31, 2006. II. Desired Focus of Comments The Department is particularly interested in comments that: VerDate Aug<31>2005 16:37 Apr 13, 2006 Jkt 208001 • 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., by permitting electronic submission of responses. III. Current Action This notice requests comments on a proposed extension of the ICR included in PTE 91–38. The Department is not proposing or implementing changes to the existing ICR at this time. The following summarizes the ICR and the current burden estimates: Type of Review: Extension of a currently approved collection of information. Agency: Employee Benefits Security Administration, Department of Labor. Title: Prohibited Transaction Class Exemption 91–38; Exemption for Certain Transactions Involving Bank Collective Investment Funds. OMB Number: 1210–0082. Affected Public: Individuals or households; Business or other for-profit; Not-for-profit institutions. Estimated Total Burden hours: 200. Respondents: 1200. Frequency of Response: On occasion. Responses: 1200. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of the information collection request; they will also become a matter of public record. Dated: April 10, 2006. Susan G. Lahne, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. E6–5564 Filed 4–13–06; 8:45 am] BILLING CODE 4510–29–P PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection; Comment Request; Prohibited Transaction Class Exemption 90–1, Pooled Separate Accounts Employee Benefits Security Administration, Department of Labor. ACTION: Notice. AGENCY: 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 continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA 95). This program helps to ensure that the Department can properly assess the impact of its information collection requirements on respondents and minimize the reporting burden (time and financial resources) on the public and that the public can understand the Department’s collection instruments and provide the requested data in the desired format. Currently, the Employee Benefits Security Administration (EBSA) is soliciting comments on a proposed extension of the information collection request (ICR) incorporated in Prohibited Transaction Class Exemption (PTE) 90–1, Pooled Separate Accounts. A copy of the ICR may be obtained by contacting the office listed in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the office shown in the ADDRESSES section below on or before June 13, 2006. ADDRESSES: Direct all written comments to Susan G. Lahne, Office of Policy and Research, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N–5718, Washington, DC 20210, (210) 693–8410, FAX (202) 219–4745 (the foregoing are not toll-free numbers). Comments may also be submitted electronically to the following Internet e-mail address: ebsa.opr@dol.gov. SUPPLEMENTARY INFORMATION: I. Background PT E 90–1 provides an exemption from certain provisions of the Employee Retirement Income Security Act of 1974 (ERISA) relating to transactions involving insurance company pooled separate accounts in which employee benefit plans participate. Without the E:\FR\FM\14APN1.SGM 14APN1

Agencies

[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Notices]
[Pages 19543-19544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5564]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection; Comment Request; 
Prohibited Transaction Class Exemption 91-38, Bank Collective 
Investment Funds

AGENCY: Employee Benefits Security Administration, Department of Labor.

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 continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995 
(PRA 95). This program helps to ensure that the Department can properly 
assess the impact of its information collection requirements on 
respondents and minimize the reporting burden (in both time and 
financial resources) on the public and that the public can clearly 
understand the Department's information collection instruments and can 
provide the requested data in the desired format. Currently, the 
Employee Benefits Security Administration (EBSA) is soliciting comments 
on a proposed extension of the information collection provisions of 
Prohibited Transaction Class Exemption (PTE) 91-38, Bank Collective 
Investment Funds. A copy of the Information Collection Request (ICR) 
can be obtained by contacting the office listed in the Addresses 
section of this notice.

DATES: Written comments must be submitted to the office shown in the 
Addresses section below on or before June 13, 2006.

[[Page 19544]]


ADDRESSES: Direct all written comments to Susan G. Lahne, Office of 
Policy and Research, Employee Benefits Security Administration, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-5718, 
Washington, DC 20210, (202) 693-8410, FAX (202) 219-4745 (the foregoing 
are not toll-free numbers). Comments may also be submitted 
electronically to the following Internet e-mail address: 
ebsa.opr@dol.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Prohibited Transaction Exemption (PTE) 91-38 provides an exemption 
from the prohibited transaction provisions of the Employee Retirement 
Income Security Act of 1974 (ERISA) for certain transactions between a 
bank collective investment fund and persons who are parties in interest 
with respect to an employee benefit plan. Without the exemption, 
sections 406 and 407(a) of ERISA and section 4975(c)(1) of the Internal 
Revenue Code may prohibit transactions between the collective 
investment fund (CIF) and a party in interest to one or more of the 
employee benefit plans participating in the collective investment fund. 
Under PTE 91-38, a collective investment fund generally may engage in 
transactions with parties in interest to a plan that invests in the 
fund as long as the plan's total investment in the fund does not exceed 
a specified percentage of the total assets of the fund. The PTE also 
contains more limited or differently defined relief for funds holding 
more than the specified percentage, for multiemployer plans, and for 
transactions involving employer securities and employer real property. 
In order to ensure that the rights of participants and beneficiaries 
are protected, and that bank collective investment funds can 
demonstrate compliance with the terms of the exemption, the Department 
requires a bank to maintain records regarding the exempted transactions 
and make them available for inspection to specified interested persons 
(including the Department and the Internal Revenue Service) on request 
for a period of six years.
    EBSA previously submitted the information collection provisions of 
PTE 91-38 to the Office of Management and Budget (OMB) for review in an 
ICR that was approved under the OMB Control No. 1210-0083. The current 
approval is scheduled to expire on July 31, 2006.

II. Desired Focus of Comments

    The Department is particularly interested in comments that:
     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., by 
permitting electronic submission of responses.

III. Current Action

    This notice requests comments on a proposed extension of the ICR 
included in PTE 91-38. The Department is not proposing or implementing 
changes to the existing ICR at this time. The following summarizes the 
ICR and the current burden estimates:
    Type of Review: Extension of a currently approved collection of 
information.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Prohibited Transaction Class Exemption 91-38; Exemption for 
Certain Transactions Involving Bank Collective Investment Funds.
    OMB Number: 1210-0082.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Estimated Total Burden hours: 200.
    Respondents: 1200.
    Frequency of Response: On occasion.
    Responses: 1200.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of the information 
collection request; they will also become a matter of public record.

    Dated: April 10, 2006.
Susan G. Lahne,
Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. E6-5564 Filed 4-13-06; 8:45 am]
BILLING CODE 4510-29-P

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