Ultimizers, Inc., Boring, OR; Notice of Revised Determination on Reconsideration, 67926-67927 [E9-30256]
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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
The Applicant believes that the
aforementioned conditions of the Notice
should be amended to clarify that it will
apply only to future cash recoveries that
may arise from the Judgment. Therefore,
the Applicant has revised Conditions (e)
and (f)(3) of the final exemption to read
as follows:
(e) Cotter pays the Plan future cash
recoveries, if any, resulting from the
Judgment; and * * *
(f)(3) [The independent fiduciary] ensures
that the Plan receives all future cash
recoveries, if any, resulting from the
Judgment.
The Department does not concur with
the Applicant’s comment. Therefore, it
has not revised Conditions (e) and (f)(3)
of the operative language. Although the
Department is aware of Mr. Geib’s
financial circumstances, it wishes to
emphasize that to the extent Cotter
recovers any consideration (either in
cash or in kind) resulting from the
Judgment, that such consideration
should be paid to the Plan.
After giving full consideration to the
entire record, the Department has
decided to grant the exemption. The
complete application file is made
available for public inspection in the
Public Disclosure Room of the
Employee Benefits Security
Administration, Room N–1513, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210.
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 25, 2009 at 74 FR 49025.
FOR FURTHER INFORMATION CONTACT: Mr.
Anh-Viet Ly of the Department at (202)
693–8648. (This is not a toll-free
number.)
erowe on DSK5CLS3C1PROD with NOTICES
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,1 by reason
of section 4975(c)(1)(A) through (E) of
the Code, shall not apply to the
proposed sale by the Plan (the Sale) to
Unaka Company Incorporated (Unaka),
a party in interest with respect to the
Plan, of two promissory notes (the
Notes) that are secured by deeds of trust
on certain parcels of real property.
This exemption is subject to the
following conditions:
(a) The Sale is a one-time transaction
for cash;
1 Unless otherwise noted herein, reference to
specific provisions of the Act refer also to the
corresponding provisions of the Code.
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14:14 Dec 18, 2009
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(b) As consideration, the Plan receives
the greater of the current outstanding
balance of the Notes, plus all accrued
but unpaid interest to the date of the
Sale (Sale Date), or the fair market value
of the Notes as determined by qualified,
independent appraisers in updated
appraisals on the Sale Date.
(c) The Plan pays no commissions,
costs, fees, or other expenses with
respect to the Sale; and
(d) As soon as it is feasible following
the Sale, the Plan releases the deeds of
trust securing the Notes.
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 25, 2009 at 74 FR 49029.
FOR FURTHER INFORMATION CONTACT: Mr.
Anh-Viet Ly of the Department at (202)
693–8648. (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
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.
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Signed at Washington, DC, this 15th day of
December 2009.
Ivan Strasfeld,
Director of Exemption Determinations,
Employee Benefits Security Administration,
U.S. Department of Labor.
[FR Doc. E9–30263 Filed 12–18–09; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–70,295]
Ultimizers, Inc., Boring, OR; Notice of
Revised Determination on
Reconsideration
By application dated September 21,
2009, a company official requested
administrative reconsideration of the
Department’s negative determination
regarding eligibility for workers and
former workers of Ultimizers, Inc.,
Boring, Oregon (subject firm) to apply
for Trade Adjustment Assistance (TAA).
The Department’s Notice of Affirmative
Determination Regarding Application
for Reconsideration was signed on
October 15, 2009, and published in the
Federal Register on October 27, 2009
(74 FR 55261).
The initial investigation resulted in a
negative determination issued on
September 9, 2009, was based on the
finding that imports of optimizing
lumber cut-off saws, feeders, sorters and
scanners did not contribute importantly
to worker separations at the subject firm
and no shift in production to a foreign
source occurred.
To support the request for
reconsideration, the petitioner supplied
additional information regarding lost
bids by the subject firm during the
relevant period. The Department of
Labor conducted a bid survey of the
domestic firms to which the subject
facility was the lowest domestic bidder.
The results of the survey revealed that
the bids were awarded to foreign
producers. The loss of these contracts
contributed importantly to the declines
in sales and employment at the subject
firm. The investigation further revealed
that sales, production and employment
at the subject firm declined during the
relevant period.
Conclusion
After careful review of the additional
facts obtained on reconsideration, I
determine that workers of Ultimizers,
Inc., Boring, Oregon, who are engaged in
activities related to the production of
parts feeding and assembly equipment
meet the worker group certification
E:\FR\FM\21DEN1.SGM
21DEN1
Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
criteria under Section 222(a) of the Act,
19 U.S.C. 2272(a). In accordance with
Section 223 of the Act, 19. U.S.C. 2273,
I make the following certification:
All workers of Ultimizers, Inc., Boring,
Oregon, who became totally or partially
separated from employment on or after May
18, 2008, through two years from the date of
this certification, and all workers in the
group threatened with total or partial
separation from employment on date of
certification through two years from the date
of certification, are eligible to apply for
adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.
Signed in Washington, DC, this 10th day of
December 2009.
Del Min Amy Chen,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–30256 Filed 12–18–09; 8:45 am]
BILLING CODE 4510–FN–P
NATIONAL SCIENCE FOUNDATION
Agency Information Collection
Activities: Comment Request
National Science Foundation.
Submission for OMB Review;
Comment Request.
AGENCY:
erowe on DSK5CLS3C1PROD with NOTICES
ACTION:
SUMMARY: The National Science
Foundation (NSF) has submitted the
following information collection
requirement to OMB for review and
clearance under the Paperwork
Reduction Act of 1995, Public Law 104–
13. This is the second notice for public
comment; the first was published in the
Federal Register at 74 FR 54084, and no
substantial comments were received.
NSF is forwarding the proposed renewal
submission to the Office of Management
and Budget (OMB) for clearance
simultaneously with the publication of
this second notice. The full submission
may be found at: https://
www.reginfo.gov/public/do/PRAMain.
Comments regarding (a) whether the
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (b) the accuracy of the
agency’s estimate of burden including
the validity of the methodology and
assumptions used; (c) ways to enhance
the quality, utility and clarity of the
information to be collected; or (d) ways
to 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 should be
addressed to: Office of Information and
VerDate Nov<24>2008
14:14 Dec 18, 2009
Jkt 220001
Regulatory Affairs of OMB, Attention:
Desk Officer for National Science
Foundation, 725—17th Street, NW.,
Room 10235, Washington, DC 20503,
and to Suzanne H. Plimpton, Reports
Clearance Officer, National Science
Foundation, 4201 Wilson Boulevard,
Suite 295, Arlington, Virginia 22230 or
send e-mail to chines@nsf.gov.
Comments regarding these information
collections are best assured of having
their full effect if received within 30
days of this notification. Copies of the
submission(s) may be obtained by
calling 703–292–7556.
FOR ADDITIONAL INFORMATION OR
COMMENTS: Contact Suzanne Plimpton,
the NSF Reports Clearance Officer,
phone (703) 292–7556, or send e-mail to
splimpto@nsf.gov. Individuals who use
a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339, which is accessible 24
hours a day, 7 days a week, 365 days a
year (including Federal holidays).
NSF may not conduct or sponsor a
collection of information unless the
collection of information displays a
currently valid OMB control number
and the agency informs potential
persons who are to respond to the
collection of information that such
persons are not required to respond to
the collection of information unless it
displays a currently valid OMB control
number.
SUPPLEMENTARY INFORMATION:
Title of Collection: Partnership for
Innovation Program: Research and
Technology Development Outcomes.
OMB Number: 3145–NEW.
Proposed Project: The proposed
National Science Foundation Survey
will collect data from a sample of about
435 companies that are partners on 84
PFI awards from 2003–2007 in order to
examine research and technology
development outcomes related to their
participation on a PFI award.
Use of the Information: Analysis of
these data is necessary to provide
information to provide outcome
evaluation and improvement evaluation
of the Partnership for Innovation
Program and to better understand the
impact of some aspects of industryuniversity partnerships on companies.
Respondents: The Survey will be sent
to companies that participated in 84
Partnerships for Innovation projects
from 2003 to 2007. In total, we estimate
that there are 435 companies affiliated
with the 84 PFI projects.
Burden on the Public: The Foundation
estimates about 435 responses annually
at 20 minutes per response; this totals
to approximately 145 hours annually.
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67927
Dated: December 16, 2009.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. E9–30270 Filed 12–18–09; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Facility Operating License No. R–102;
Docket No. 50–252; NRC–2009–0557]
Notice of Acceptance for Docketing
and Opportunity for Hearing on the
Application Regarding Renewal for an
Additional 20-Year Period for the
University of New Mexico AGN–201M
Research Reactor and Order Imposing
Procedures for Access to Safeguards
Information and Sensitive Unclassified
Non-Safeguards Information
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of acceptance for
docketing.
FOR FURTHER INFORMATION CONTACT: Paul
V. Doyle Jr., Project manager, Research
and Test Reactors Branch A, Division of
Policy and Rulemaking, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Rockville, MD 20852. Telephone: (301)
415–1058; fax number: (301) 415–3031;
e-mail: Paul.Doyle@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering an
application for the renewal of Facility
Operating License No. R–102
(‘‘Application’’), which currently
authorizes the University of New
Mexico (UNM, the licensee) to operate
the University of New Mexico AGN–
201M Reactor (UNMR) at a maximum
steady-state thermal power of 5 watts
(W) thermal power. The renewed
license would authorize the applicant to
operate the UNMR up to a steady-state
thermal power of 5 W for an additional
20 years from the date of issuance.
On February 21, 2007, as
supplemented on November 9, 2009, the
NRC received an application from the
licensee filed pursuant to 10 CFR Part
50.51(a), to renew Facility Operating
License No. R–102 for the UNMR.
The Application contains sensitive
unclassified non-safeguards information
(SUNSI) and Safeguards Information
(SGI).
Based on its initial review of the
application, the NRC staff determined
that UNM submitted sufficient
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67926-67927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30256]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-70,295]
Ultimizers, Inc., Boring, OR; Notice of Revised Determination on
Reconsideration
By application dated September 21, 2009, a company official
requested administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers of
Ultimizers, Inc., Boring, Oregon (subject firm) to apply for Trade
Adjustment Assistance (TAA). The Department's Notice of Affirmative
Determination Regarding Application for Reconsideration was signed on
October 15, 2009, and published in the Federal Register on October 27,
2009 (74 FR 55261).
The initial investigation resulted in a negative determination
issued on September 9, 2009, was based on the finding that imports of
optimizing lumber cut-off saws, feeders, sorters and scanners did not
contribute importantly to worker separations at the subject firm and no
shift in production to a foreign source occurred.
To support the request for reconsideration, the petitioner supplied
additional information regarding lost bids by the subject firm during
the relevant period. The Department of Labor conducted a bid survey of
the domestic firms to which the subject facility was the lowest
domestic bidder. The results of the survey revealed that the bids were
awarded to foreign producers. The loss of these contracts contributed
importantly to the declines in sales and employment at the subject
firm. The investigation further revealed that sales, production and
employment at the subject firm declined during the relevant period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Ultimizers, Inc., Boring,
Oregon, who are engaged in activities related to the production of
parts feeding and assembly equipment meet the worker group
certification
[[Page 67927]]
criteria under Section 222(a) of the Act, 19 U.S.C. 2272(a). In
accordance with Section 223 of the Act, 19. U.S.C. 2273, I make the
following certification:
All workers of Ultimizers, Inc., Boring, Oregon, who became
totally or partially separated from employment on or after May 18,
2008, through two years from the date of this certification, and all
workers in the group threatened with total or partial separation
from employment on date of certification through two years from the
date of certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of 1974, as
amended.
Signed in Washington, DC, this 10th day of December 2009.
Del Min Amy Chen,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-30256 Filed 12-18-09; 8:45 am]
BILLING CODE 4510-FN-P
