Notice of Meeting; Sunshine Act, 32142-32143 [06-5114]

Download as PDF jlentini on PROD1PC65 with NOTICES 32142 Federal Register / Vol. 71, No. 106 / Friday, June 2, 2006 / Notices approved the terms and conditions of the Interim Lease Extension on behalf of the Plans; and (3) determined that the leasing of the Property since November 26, 2003 pursuant to the Interim Lease and, since March 1, 2005, pursuant to the Interim Lease Extension, (i) complies with the relevant provisions of Prohibited Transaction Exemption (PTE) 93–8 (58 FR 7258, February 5, 1993), as amended by PTE 98–22 (63 FR 27329, May 18, 1998), (except as modified by this exemption); (ii) continues to be an appropriate investment for the Plans on and after November 26, 2003, consistent with each Plan’s investment policies and liquidity needs; and (iii) is in the best interests of each Plan and its respective participants and beneficiaries on and after November 26, 2003. (c) The rent paid to the Plans under the Interim Lease and the Interim Lease Extension is no less than the fair market rental value of the Property, as established by a qualified, independent appraiser. Effective March 1, 2006, the rent is adjusted to the greater of the current annualized rental of $656,400 or the then-current, fair market rental value, as determined by IFS on the basis of an appraisal conducted by the independent appraiser selected by IFS. (d) The base rent has been adjusted or is adjusted annually by IFS based upon an independent appraisal of the Property. (e) Under both the Interim Lease and the Interim Lease Extension, FFJS pays for property and liability insurance on the Property, property taxes, utility costs, other costs for maintaining the Property including environmental assessments, engineering inspection reports, as well as all other expenses that are incident to such agreements. (f) IFS has monitored, and continues to monitor, compliance with the terms of the Interim Lease since November 26, 2003 and the terms of the Interim Lease Extension throughout the duration of these agreements. (g) IFS is responsible for legally enforcing the payment of the rent and the proper performance of all other obligations of FFJS and its successors in interest, FFJS LLC and MFW LLC, under the terms of such agreements. (h) IFS makes determinations, on behalf of the Plans, with respect to any sale or future leasing of the Property. (i) IFS has determined that (1) the leasing of the Property pursuant to the Interim Lease on and after November 26, 2003 was no less favorable to the Plans than similar leasing arrangements between unrelated parties; (2) the thenprevailing rent received by the Plans under the interim lease was no less favorable to the Plans than the rent the VerDate Aug<31>2005 18:05 Jun 01, 2006 Jkt 208001 Plans would have received under similar circumstances if the rent had been negotiated at arm’s length with unrelated third parties; and (3) the terms and conditions of the Interim Lease Extension have been or are no less favorable to the Plans than those obtainable by the Plans under similar circumstances when negotiated at arm’s length with unrelated third parties. (j) With respect to the Interim Lease Extension, FFJS (1) has made a twomonth security deposit pursuant to the agreement; and (2) is required to pay an additional four-month security deposit (Additional Deposit) after the expiration of the first 12 months of the Interim Lease Extension, calculated at the rental amount to be effective March 1, 2006. (k) Over the last six months of the Interim Lease Extension, one-sixth of the Additional Deposit is applied to the rent each month, so long as there is no uncured default. Effective Date: This exemption is effective from November 26, 2003 until February 28, 2005 with respect to the Interim Lease and from March 1, 2005 until August 31, 2006 with respect to the Interim Lease Extension. 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 February 13, 2006 at 71 FR 7647. FOR FURTHER INFORMATION CONTACT: Ms. Anna Mpras Vaughan of the Department, telephone (202) 693–8565. (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 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 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. Ivan Strasfeld, Director of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor. [FR Doc. E6–8529 Filed 6–1–06; 8:45 am] BILLING CODE 4510–29–P FEDERAL MINE SAFETY AND HEALTH REVEW COMMISSION Notice of Meeting; Sunshine Act May 26, 2006. TIME AND DATE: 10 a.m., Thursday, June 8, 2006. PLACE: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC. STATUS: Open. MATTERS TO BE CONSIDERED: The Commission will consider and act upon the following in open session: Secretary of Labor v. Jim Walter Resources, Inc., Docket No. SE 2003–160. (Issues include whether the judge correctly determined that the operator violated 30 CFR 75.360(b)(3), and that the violation was significant and substantial and attributable to the operator’s unwarrantable failure; whether the judge correctly determined that the operator did not violate 30 CFR 75.1101–23(a); whether the judge correctly determined that the operator violated 30 CFR 75.1101–23(c), and that the violation was not significant and substantial; and whether the judge properly followed section 110(i) of the Mine Act in setting the penalty amounts for the violations found.) Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs, subject to 29 CFR 2706.150(a)(3) and 2706.160(d). FOR FURTHER INFORMATION CONTACT: Jean Ellen, (202) 434–9950 / (202) 708–9300 E:\FR\FM\02JNN1.SGM 02JNN1 Federal Register / Vol. 71, No. 106 / Friday, June 2, 2006 / Notices for TDD Relay / 1–800–877–8339 for toll free. Jean H. Ellen, Chief Docket Clerk. [FR Doc. 06–5114 Filed 5–31–06; 2:03 pm] BILLING CODE 6735–01–M NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (06–038)] Notice of Information Collection AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Notice of information collection. SUMMARY: The National Aeronautics and Space Administration, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. 3506(c)(2)(A)). DATES: All comments should be submitted within 60 calendar days from the date of this publication. ADDRESSES: All comments should be addressed to Mr. Walter Kit, National Aeronautics and Space Administration, Washington, DC 20546–0001. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mr. Walter Kit, NASA PRA Officer, NASA Headquarters, 300 E Street, SW., JE000, Washington, DC 20546, (202) 358–1350, Walter.Kit1@nasa.gov. SUPPLEMENTARY INFORMATION: I. Abstract This collection provides a means by which NASA employees and contractors can voluntarily and confidentially report any safety concerns or hazards pertaining to NASA programs, projects, or operations. II. Method of Collection jlentini on PROD1PC65 with NOTICES The current, paper-based reporting system ensures the protection of a submitters anonymity and secure submission of the report by way of the U.S. Postal Service. III. Data Title: NASA Safety Reporting System. OMB Number: 2700–0063. Type of review: Extension of currently approved collection. VerDate Aug<31>2005 18:42 Jun 01, 2006 Jkt 208001 Affected Public: Federal Government; Business or other for-profit. Number of Respondents: 75. Responses Per Respondent: 1. Annual Responses: 75. Hours Per Request: 15 min. Annual Burden Hours: 19. Frequency of Report: As needed. IV. Request for Comments Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility; (2) the accuracy of NASA’s estimate of the burden (including hours and cost) of the proposed collection of information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. Dated: May 25, 2006. Patricia L. Dunnington, Chief Information Officer. [FR Doc. E6–8521 Filed 6–1–06; 8:45 am] BILLING CODE 7510–13–P NUCLEAR REGULATORY COMMISSION Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment. SUMMARY: The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: NRC Form 531, Request for Taxpayer Identification Number. 2. Current OMB approval number: OMB No. 3150–0188. 3. How often the collection is required: One time from each applicant or individual to enable the Department PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 32143 of the Treasury to process electronic payments or collect debts owed to the Government. 4. Who is required or asked to report: All individuals doing business with the U.S. Nuclear Regulatory Commission, including contractors and recipients of credit, licenses, permits, and benefits. 5. The number of annual respondents: 300. 6. The number of hours needed annually to complete the requirement or request: 25 hours (5 minutes per respondent). 7. Abstract: The Debt Collection Improvement Act of 1996 requires that agencies collect taxpayer identification numbers (TINs) from individuals who do business with the Government, including contractors and recipients of credit, licenses, permits, and benefits. The TIN will be used to process all electronic payments (refunds) made to licensees by electronic funds transfer by the Department of the Treasury. The Department of the Treasury will use the TIN to determine whether the refund can be used to administratively offset any delinquent debts reported to the Treasury by other government agencies. In addition, the TIN will be used to collect and report to the Department of the Treasury any delinquent indebtedness arising out of the licensee’s or applicant’s relationship with the NRC. Submit, by August 1, 2006, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O–1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton (T–5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, by E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Notices]
[Pages 32142-32143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5114]


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FEDERAL MINE SAFETY AND HEALTH REVEW COMMISSION


Notice of Meeting; Sunshine Act

May 26, 2006.

Time and Date: 10 a.m., Thursday, June 8, 2006.

Place:  The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey 
Avenue, NW., Washington, DC.

Status: Open.

Matters to be Considered: The Commission will consider and act upon the 
following in open session: Secretary of Labor v. Jim Walter Resources, 
Inc., Docket No. SE 2003-160. (Issues include whether the judge 
correctly determined that the operator violated 30 CFR 75.360(b)(3), 
and that the violation was significant and substantial and attributable 
to the operator's unwarrantable failure; whether the judge correctly 
determined that the operator did not violate 30 CFR 75.1101-23(a); 
whether the judge correctly determined that the operator violated 30 
CFR 75.1101-23(c), and that the violation was not significant and 
substantial; and whether the judge properly followed section 110(i) of 
the Mine Act in setting the penalty amounts for the violations found.)
    Any person attending this meeting who requires special 
accessibility features and/or auxiliary aids, such as sign language 
interpreters, must inform the Commission in advance of those needs, 
subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

For Further Information Contact: Jean Ellen, (202) 434-9950 / (202) 
708-9300

[[Page 32143]]

for TDD Relay / 1-800-877-8339 for toll free.

Jean H. Ellen,
Chief Docket Clerk.
[FR Doc. 06-5114 Filed 5-31-06; 2:03 pm]
BILLING CODE 6735-01-M

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