Public Announcement; Pursuant to the Government in the Sunshine Act, 3644 [E9-1050]
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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices
DEPARTMENT OF JUSTICE
Parole Commission
Public Announcement; Pursuant to the
Government in the Sunshine Act
(Pub. L. 94–409) [5 U.S.C. Section 552b]
AGENCY HOLDING MEETING: Department
of Justice, United States Parole
Commission.
TIME AND DATE: 10 a.m., Thursday,
January 22, 2009.
PLACE: 5550 Friendship Blvd., Fourth
Floor, Chevy Chase, MD 20815.
STATUS: Open.
Matters To Be Considered
The following matters have been
placed on the agenda for the open
Parole Commission meeting:
1. Approval of Minutes of December
2008 Quarterly Business Meeting.
2. Reports from the Chairman,
Commissioners, Chief of Staff, and
Section Administrators. Agency
Contact; Thomas W. Hutchison, Chief of
Staff, United States Parole Commission,
(301) 492–5990.
Dated: January 12, 2009.
Rockne J. Chickinell,
General Counsel, U.S. Parole Commission.
[FR Doc. E9–1050 Filed 1–16–09; 8:45 am]
BILLING CODE 4410–31–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Prohibited Transaction Exemptions
and Grant of Individual Exemptions
Involving: Calpine Corporation, D–
11458 (2009–01); Starrett Corporation
Pension Plan (the Plan), D–11473
(2009–02); and General Motors
Corporation and Its Wholly Owned
Subsidiaries (together, GM) (2009–03)
mstockstill on PROD1PC66 with NOTICES
AGENCY: Employee Benefits Security
Administration, Labor.
ACTION: Grant of Individual Exemptions.
SUMMARY: This document contains
exemptions issued by the Department of
Labor (the Department) from certain of
the prohibited transaction restrictions of
the Employee Retirement Income
Security Act of 1974 (ERISA or the Act)
and/or the Internal Revenue Code of
1986 (the Code).
A notice was published in the Federal
Register of the pendency before the
Department of a proposal to grant such
exemption. The notice set forth a
summary of facts and representations
contained in the application for
VerDate Nov<24>2008
18:54 Jan 16, 2009
Jkt 217001
exemption and referred interested
persons to the application for a
complete statement of the facts and
representations. The application has
been available for public inspection at
the Department in Washington, DC. The
notice also invited interested persons to
submit comments on the requested
exemption to the Department. In
addition the notice stated that any
interested person might submit a
written request that a public hearing be
held (where appropriate). The applicant
has represented that it has complied
with the requirements of the notification
to interested persons. No requests for a
hearing were received by the
Department. Public comments were
received by the Department as described
in the granted exemption.
The notice of proposed exemption
was issued and the exemption is being
granted solely by the Department
because, effective December 31, 1978,
section 102 of Reorganization Plan No.
4 of 1978, 5 U.S.C. App. 1 (1996),
transferred the authority of the Secretary
of the Treasury to issue exemptions of
the type proposed to the Secretary of
Labor.
Statutory Findings
In accordance with section 408(a) of
the Act and/or section 4975(c)(2) of the
Code and the procedures set forth in 29
CFR Part 2570, Subpart B (55 FR 32836,
32847, August 10, 1990) and based upon
the entire record, the Department makes
the following findings:
(a) The exemption is administratively
feasible;
(b) The exemption is in the interests
of the plan and its participants and
beneficiaries; and
(c) The exemption is protective of the
rights of the participants and
beneficiaries of the plan.
Calpine Corporation, Located in
Houston, TX
[Prohibited Transaction Exemption
2009–01; Exemption Application No.
D–11459]
Exemption
Effective January 31, 2008, the
restrictions of sections 406(a), 406(b)(1)
and (b)(2), and 407(a) of the Act and the
sanctions resulting from the application
of section 4975(c)(1)(A) through (E) of
the Code, shall not apply to (1) the past
acquisition by the Calpine Corporation
Retirement Savings Plan (the Plan) of
warrants (the Warrants) issued by the
Calpine Corporation (the Applicant) that
would have permitted, under certain
conditions, the purchase of shares of
newly issued Calpine Common Stock
(the New Stock) pursuant to certain
bankruptcy proceedings; (2) the holding
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
of the Warrants by the Plan; and (3) the
disposition of the Warrants. This
exemption is subject to adherence to the
following conditions:
(a) The acquisition and holding of the
Warrants by the Plan occurred in
connection with the Applicant’s
bankruptcy proceedings pursuant to
which all holders of Calpine Common
Stock prior to January 31, 2008 (the Old
Stock) were treated in the same manner;
(b) The Plan had little, if any, ability
to affect the negotiation of the
Applicant’s Plan of Reorganization
pursuant to Chapter 11 of the United
States Bankruptcy Code;
(c) The Plan acquired the Warrants
automatically and without any action on
the part of the Plan;
(d) The Plan did not pay any fees or
commissions in connection with the
acquisition and holding of the Warrants;
(e) All decisions regarding the holding
and disposition of the Warrants by the
Plan were made in accordance with
Plan provisions for individually
directed investment of participant
accounts by the individual participants
whose accounts in the Plan received the
Warrants; and
(f) The Plan received the same
proportionate number of Warrants as
other owners of Old Stock.
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
September 3, 2008 at 73 FR 51524.
FOR FURTHER INFORMATION CONTACT: Mr.
Anh-Viet Ly, Department of Labor,
telephone number (202) 693–8648. (This
is not a toll-free number.)
Starrett Corporation Pension Plan (the
Plan), Located in New York, NY
[Prohibited Transaction Exemption
2009–02; Application Number: D–
11473]
Exemption
The restrictions of sections 406(a),
406(b)(1) and (b)(2) of the Act, and the
sanctions resulting from the application
of section 4975 of the Code, by reason
of section 4975(c)(1)(A), through (E) of
the Code, shall not apply to the cash
sale (the Sale) by the Plan to the Starrett
Corporation (the Applicant), a party in
interest with respect to the Plan, of a
$25,000 face amount 7.797% secured
senior note (the Security) issued by the
Osprey Trust (the Trust), an Enron
related entity, provided that the
following conditions were satisfied:
(a) The Sale is a one-time transaction
for cash;
(b) The Plan pays no commissions,
fees or other expenses in connection
with the Sale;
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]]>Agencies
[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Page 3644]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1050]
[[Page 3644]]
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DEPARTMENT OF JUSTICE
Parole Commission
Public Announcement; Pursuant to the Government in the Sunshine
Act
(Pub. L. 94-409) [5 U.S.C. Section 552b]
AGENCY HOLDING MEETING: Department of Justice, United States Parole
Commission.
TIME AND DATE: 10 a.m., Thursday, January 22, 2009.
PLACE: 5550 Friendship Blvd., Fourth Floor, Chevy Chase, MD 20815.
Status: Open.
Matters To Be Considered
The following matters have been placed on the agenda for the open
Parole Commission meeting:
1. Approval of Minutes of December 2008 Quarterly Business Meeting.
2. Reports from the Chairman, Commissioners, Chief of Staff, and
Section Administrators. Agency Contact; Thomas W. Hutchison, Chief of
Staff, United States Parole Commission, (301) 492-5990.
Dated: January 12, 2009.
Rockne J. Chickinell,
General Counsel, U.S. Parole Commission.
[FR Doc. E9-1050 Filed 1-16-09; 8:45 am]
BILLING CODE 4410-31-P
