Mine Safety and Health Administration (MSHA) - FedReg E8-25248 - Proposed Information Collection Request

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Federal Register/Vol. 73, No. 206/Thursday, October 23, 2008/Notices 63209 Section III. Temporary Exemption for and its affiliates as constituted on March (iv) Whether investment by the Investment in Bear Stearns Master Note 15, 2008. applicable Client Plan in the underlying (f) The term ‘‘Independent Fiduciary’’ securities that were loaned was The restrictions of sections means a fiduciary who is independent consistent with the investment 406(a)(1)(A) through (D) and sections of and unrelated to JPMCB and Bear guidelines for the particular Client Plan 406(b)(1) and (2) of the Act and the Stearns Affiliates. For purposes of this account. sanctions resulting from the application exemption, a fiduciary will not be For a more complete statement of of section 4975 of the Code, by reason deemed to be independent of and facts and representations supporting the of section 4975(c)(1)(A) through (E) of unrelated to JPMCB and Bear Stearns Department’s decision to grant PTE 99– the Code, shall not apply to the Affiliates if: 34, refer to the proposed exemption (64 investment of securities lending (i) Such fiduciary directly or FR 34281, June 25, 1999) and the grant collateral by JPMCB, as the investment indirectly controls, is controlled by, or notice (64 FR 46419, August 25, 1999). manager of such collateral on behalf of is under common control with JPMCB the Client Plan or Collective Fund that Signed at Washington, DC, this 17th day of or a Bear Stearns Affiliate; ...

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Federal RegisterOctober 23, 2008/ Thursday,/ Notices73, No. 206/ Vol.

63209

Section III. Temporary Exemption forand its affiliates as constituted on March(iv) Whether investment by the Investment in Bear Stearns Master Note 15, 2008. applicable Client Plan in the underlying (f) The term ‘‘Independent Fiduciary’’ securities that were loaned was The restrictions of sections means a fiduciary who is independent consistent with the investment 406(a)(1)(A) through (D) and sections of and unrelated to JPMCB and Bear guidelines for the particular Client Plan 406(b)(1) and (2) of the Act and the Stearns Affiliates. For purposes of this account. sanctions resulting from the application exemption, a fiduciary will not be For a more complete statement of of section 4975 of the Code, by reason deemed to be independent of and facts and representations supporting the of section 4975(c)(1)(A) through (E) of unrelated to JPMCB and Bear Stearns Department’s decision to grant PTE 99– the Code, shall not apply to the Affiliates if: 34, refer to the proposed exemption (64 investment of securities lending (i) Such fiduciary directly or FR 34281, June 25, 1999) and the grant collateral by JPMCB, as the investment indirectly controls, is controlled by, or notice (64 FR 46419, August 25, 1999). manager of such collateral on behalf of is under common control with JPMCB the Client Plan or Collective Fund that Signed at Washington, DC, this 17th day of or a Bear Stearns Affiliate; October, 2008. has lent the securities, in the Bear (ii) Such fiduciary, or any officer, Stearns Master Note (as defined in Ivan L. Strasfeld, director, partner, employee or relative of paragraph (b) below), provided that the Director, Office of Exemption Determinations, the fiduciary, is an officer, director, condition set forth below in paragraph Employee Benefits Security Administration, partner or employee of JPMCB or a Bear U.S. Department of Labor. (a) is met. Stearns Affiliate (or is a relative of such (a) Repayment of the Bear Stearns [FR Doc. E8–25235 Filed 10–22–08; 8:45 am] persons); Master Note is unconditionally BILLING CODE 4510–29–P (iii) Such fiduciary directly or guaranteed by JPMCB. indirectly receives any compensation or (b) For purposes of this Section III, the other consideration for his or her own term ‘‘Bear Stearns Master Note’’ means DEPARTMENT OF LABOR personal account in connection with the $750 million Evergreen Advance any transaction described in this Mine Safety and Health Administration dated October 23, 2007, under the exemption, except that the Independent Master Note Agreement dated February Fiduciary may receive compensation Proposed Information Collection 9, 2007, by and between JPMCB as agent from JPMCB for acting as Independent Request; Submitted for Public for a group of lending entities and Fiduciary as contemplated herein if the Comment and Recommendations; Part certain subsidiaries of The Bear Stearns amount or payment of such 46—Training, Training Plans, and Companies Inc., which matured on June compensation is not contingent upon or Records; Sections 46.3, 46.5, 46.6, 13, 2008, and was paid in full. in any way affected by the Independent 46.7, 46.8, 46.9, and 46.11 Fiduciary’s ultimate decision; or Section IV. Definitions (iv) The annual gross revenue ACTION :Notice. For purposes of this exemption, received by such fiduciary, during any (a) The terms ‘‘JPMCB’’ and ‘‘JPMCC’’ year of its engagement, from JPMCB and SUMMARY :The Department of Labor, as as referred to herein in Sections I, II and Bear Stearns Affiliates exceeds five part of its continuing effort to reduce III, refer to JPMorgan Chase Bank, percent (5%) of the fiduciary’s annual paperwork and respondent burden National Association, and its parent, gross revenue from all sources for its conducts a preclearance consultation JPMorgan Chase & Co., Inc. prior tax year. program to provide the general public (b) The term ‘‘affiliate’’ means any (g) The term ‘‘Review’’ means a test by and Federal agencies with an entity now or in the future, directly or an Independent Fiduciary of a opportunity to comment on proposed indirectly, controlling, controlled by, or representative sample of transactions and/or continuing collections of under common control with JPMCC or falling under section II(b)(i) of this information in accordance with the its successors. (For purposes of this Exemption that is sufficient in size to Paperwork Reduction Act of 1995 definition, the term ‘‘control’’ means the afford the Independent Fiduciary a (PRA95) [44 U.S.C. 3506 (c)(2)(A)]. This power to exercise a controlling reasonable basis to make findings as to program helps to ensure that requested influence over the management or compliance with the following: data can be provided in the desired policies of a person other than an (i) Whether allocation of the format, reporting burden (time and individual.) opportunity to lend securities to the financial resources) is minimized, (c) The term ‘‘U.S. Affiliated applicable client plan account was in collection instruments are clearly Borrower’’ means an affiliate of JPMCC accordance with JPMCB’s internal understood, and the impact of collection that is a bank supervised by the United securities loan allocation procedures; requirements on respondents can be States or a State, or a brokerdealer (ii) Whether the loan of securities by properly assessed. registered under the 1934 Act. the Client Plan to Global Capital Currently, the Mine Safety and Health (d) The term ‘‘Foreign Affiliated Markets was at market rates and terms Administration (MSHA) is soliciting Borrower’’ means an affiliate of JPMCC which were at least as favorable to such comments concerning the proposed that is a bank or a brokerdealer which Client Plan as if made at the same time extension of the information collection is supervised by— and under the same circumstances to an related to the 30 CFR Sections 46.3, (i) The Financial Services Authority unrelated party (as required by section 46.5, 46.6, 46.7, 46.8, 46.9, and 46.11; in the United Kingdom; II(d) hereof); Training Plans, New Miner Training; (ii) OSFI in Canada;(iii) Whether with respect to each NewlyHired Experienced Miner (iii) The Australian Securities &successive twoweek period, on average, Training; New Task Training; Annual Investments Commission in Australia;at least 50 percent or more of the Refresher Training; Records of Training; and outstandingdollar value of securities and SiteSpecific Hazard Awareness (iv) The Financial Services Agency inloans negotiated on behalf of Client Training. Japan. Plansby FMP, in the aggregate, were to (e) The term ‘‘Bear Stearns Affiliate’’unrelated borrowers (as required by DATES :Submit comments on or before means The Bear Stearns Companies Inc. section II(q) of the exemption); and December 22, 2008.

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Federal Register/ Notices73, No. 206/ Vol.October 23, 2008/ Thursday,

ADDRESSES :Send comments to U.S.hazard training to nonminers,comments on the plan to mine Department of Labor, Mine Safety and operators, or to the Regional Manager, as including the following persons: Health Administration, Debbie Ferraro, appropriate. The burden hours and costs Scientific workers; delivery workers and Management Services Division, 1100 of this provision are not borne by mine customers; occasional, shortterm Wilson Boulevard, Room 2141, operators, but by miners and their maintenance or service workers, or Arlington, VA 22209–3939. Commenters representatives. manufacturers’ representatives; and Paragraph (g) requires that the miners’ are encouraged to send their comments outside vendors, visitors, office or staff representative must be provided with a on a computer disk, or via email topersonnel who do not work at the mine copy of the approved plan within one [e-mail], along with ansite on a continuing basis. week after approval. At mines where no original printed copy. Ms. Ferraro can II. Desired Focus of Comments miners’ representative has been be reached at (202) 693–9821 (voice), or designated, a copy of the plan must be Currently, the Mine Safety and Health (202) 693–9801 (facsimile). posted at the mine or a copy must be Administration (MSHA) is soliciting FOR FURTHER INFORMATION CONTACT : provided to each miner. comments concerning the proposed Contact the employee listed in the Paragraph (h) allows mine operators, extension of the information collection ADDRESSES section of this notice. miners, and miners’ representatives to requirement related to the training and SUPPLEMENTARY INFORMATION : appeal a decision of the Regional retraining of miners, training plans, and Manager in writing to the Director for records of training. MSHA is I. Background Education Policy and Development. The particularly interested in comments Paragraph (a) of § 46.3 requires mine Director would issue a decision on the that: operators to develop and implement a appeal within 30 days after receipt of •Evaluate whether the proposed written training plan approved by the appeal. collection of information is necessary MSHA that contains effective programs Paragraph (i) requires mine operators for the proper performance of the for training new miners and to make available at the mine site a copy functions of the agency, including experienced miners, training miners for of the current training plan for whether the information will have new tasks, annual refresher training, inspection by MSHA and for practical utility; and hazard training. examination by miners and their •Evaluate the accuracy of the Paragraph (b) requires the following representatives. If the training plan is agency’s estimate of the burden of the information, at a minimum, to be not maintained at the mine site, mine proposed collection of information, included in a training plan: operators must have the capability to including the validity of the (1) The company name, mine name, provide the plan upon request by methodology and assumptions used; and MSHA mine identification number; MSHA, miners, or their representatives. •Enhance the quality, utility, and (2) The name and position of the Paragraph (a) of § 46.5 requires mine clarity of the information to be person designated by the operator who operators to provide each new miner collected; and is responsible for the health and safety with no less than 24 hours of training. •Minimize the burden of the training at the mine. This person may be Miners who have not received the full collection of information on those who the operator; 24 hours of new miner training must are to respond, including through the (3) A general description of the work where an experienced miner can use of appropriate automated, teaching methods and the course observe that the new miner is working electronic, mechanical, or other materials that are to be used in in a safe manner. technological collection techniques or providing the training, including the Paragraph (a) of § 46.6 requires mine other forms of information technology, subject areas to be covered and the operators to provide each newly hired e.g., permitting electronic submissions approximate time to be spent on each experienced miner with certain training of responses. subject area; before the miner begins work. A copy of the proposed information (4) A list of the persons who will Paragraph (a) of § 46.7 requires, beforecollection request can be obtained by provide the training, and the subject a miner performs a task for which he or contacting the employee listed below in areas in which each person is competent she has no experience, that the minethe FOR FURTHER INFORMATION CONTACT to instruct; and operator train the miner in the safetysection of this notice, or viewed on the (5) The evaluation procedures used to and health aspects and safe work Internet by accessing the MSHA home determine the effectiveness of training. procedures specific to that task. Ifpage (http://www.msha.gov/) and Paragraph (c) requires a plan that does changes have occurred in a miner’sselecting ‘‘Rules and Regs’’, and then not include the minimum information regularly assigned task, the mineselecting ‘‘Fed Reg Docs.’’ specified in paragraph (b) to be operator must provide the miner with III. Current Actions approved by MSHA. For each size training that addresses the changes. category, the Agency estimates that 20 Paragraph (a) of § 46.8 requires, at USGS data show that domestic percent of mine operators will choose to least every 12 months, that the mine production of sand and gravel and write a plan and send it to MSHA for operator provide each miner with no crushed stone increased every year approval. between 1991 and 1999, an indication of less than 8 hours of refresher training. Paragraph (d) requires mine operators Paragraph (a) of § 46.9 requires the the continuing strong demand for to provide miners’ representatives with mine operators upon completion of each construction aggregates in the United a copy of the training plan. At mines training program, to record and certify States. The number of hours worked at where no miners’ representative has on MSHA Form 5000–23, or on a form sand and gravel and crushed stone been designated, a copy of the plan that contains the required information, operations has been increasing steadily must be posted at the mine or a copy that the miner has completed the since 1991. must be provided to each miner. training. False certification that training MSHA’s objective in these Paragraph (e) provides that within 2 was completed is punishable under requirements is to ensure that all miners weeks following receipt or posting of § 110(a) and (f) of the Act. receive the required training, which the training plan, miners or theirParagraph (a) of § 46.11 requires thewould result in a decrease in accidents, representatives may submit written mine operator to provide sitespecific injuries, and fatalities. Therefore, MSHA

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Federal Register/ Vol./ NoticesOctober 23, 2008/ Thursday,73, No. 206

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is continuing this requirement under 30Clearance Officer, NASA Headquarters,They will also become a matter of CFR 46.3, 46.5, 46.6, 46.7, 46.8, 46.9,300 E Street, SW., JB0000, Washington,public record. and 46.11.DC 20546, (202) 358–1350,Walter.Kit Walter Kit, Type of Review:[e-mail]. NASA Clearance Officer. Agency:Mine Safety and Health SUPPLEMENTARY INFORMATION : [FR Doc. E8–25199 Filed 10–22–08; 8:45 am] Administration. BILLING CODE 7510–13–P OMB Number:1219–0131. I. Abstract Title:Part 46—Training, Training This information collection is an Plans, and Records; Sections 46.3, 46.5, NATIONAL AERONAUTICS AND application form to be considered for an 46.6, 46.7, 46.8, 46.9, and 46.11. SPACE ADMINISTRATION undergraduate or graduate scholarship. Affected Public:Business or other for Students are required to submit an profit. [Notice: (08–081)] application package consisting of an Total Respondents:6,325. application form, academic background, Notice of Information Collection Frequency:On occasion. proposed area of study, curriculum vitae Total Responses:1,077,296. AGENCY :National Aeronautics and or personal statement, three letters of Estimated Total Burden Hours: Space Administration (NASA). reference, and an essay or research 295,779 hours. ACTION :Notice of information collection. proposal. Estimated Total Burden Cost: $493,634. II. Method of Collection SUMMARY :The National Aeronautics and Comments submitted in response to Space Administration, as part of its this notice will be summarized and/or NASA will utilize a Webbased continuing effort to reduce paperwork included in the request for Office of application form with instructions and and respondent burden, invites the Management and Budget approval of the other application materials also online. general public and other Federal information collection request; they will All data will be collected via this Web agencies to take this opportunity to also become a matter of public record. based application (separate under comment on proposed and/or graduate and graduate forms) and unless Dated at Arlington, Virginia, this 17th day continuing information collections, as the user chooses to download the of October, 2008. required by the Paperwork Reduction application form and other application David L. Meyer, Act of 1995 (Pub. L. 104–13, 44 U.S.C. materials and mail them in. Director, Office of Administration and 3506(c)(2)(A)). Management. III. Data DATES :All comments should be [FR Doc. E8–25248 Filed 10–22–08; 8:45 am] submitted within 60 calendar days from Title:NASA Aeronautics Scholarship BILLING CODE 4510–43–P the date of this publication. Program. ADDRESSES :All comments should be OMB Number:2700–0134. addressed to Dr. Walter Kit, National NATIONAL AERONAUTICS AND Type of Review: Aeronautics and Space Administration, Revision of currently SPACE ADMINISTRATION approved collection. Washington, DC 20546–0001. Affected Public:Individuals. FOR FURTHER INFORMATION CONTACT : [08–080] Estimated Number of Respondents: Requests for additional information or Notice of Information Collection of the information collection400. copies instrument(s) and instructions should Estimated Time per Response:1.0 AGENCY :National Aeronautics and be directed to Dr. Walter Kit, NASA hour. Space Administration (NASA). Clearance Officer, NASA Headquarters, Estimated Total Annual Burden ACTION :Notice of information collection. 300 E Street SW., JE0000, Washington, Hours:400 hours. DC 20546, (202) 358–1350,Walter.Kit SUMMARY :The National Aeronautics and Estimated Total Annual Cost:$0.00. [e-mail]. Space Administration, as part of its IV. Request for Comments SUPPLEMENTARY INFORMATION : continuing effort to reduce paperwork and respondent burden, invites the Comments are invited on: (1) Whether I. Abstract general public and other Federal the proposed collection of information NASA’s Science Engineering agencies to take this opportunity to is necessary for the proper performance Mathematics and Aerospace Academy comment on proposed and/or of the functions of NASA, including (SEMAA) is a national education continuing information collections, as whether the information collected has project, which works with K–12 required by the Paperwork Reduction practical utility; (2) the accuracy of students and their families, that Act of 1995 (Pub. L. 104–13, 44 U.S.C. NASA’s estimate of the burden employs handson, inquirybased 3506(c)(2)(A)). (including hours and cost) of the activities and emphasizes the benefits of DATES :All comments should be proposed collection of information; (3) STEM literacy. This data collection will submitted within 60 calendar days from ways to enhance the quality, utility, and help to assess SEMAA project the date of this publication. clarity of the information to be effectiveness and to provide data that ADDRESSES : collected; and (4) ways to minimize the All comments should be can inform decisions made by NASA addressed to Dr. Walter Kit, National burden of the collection of information leadership and local sites about project Aeronautics and Space Administration, on respondents, including automated modifications and implementation. Washington, DC 20546–0001. collection techniques or the use of other II. Method of Collection forms of information technology. FOR FURTHER INFORMATION CONTACT : Requests for additional information orComments submitted in response toNASA will utilize a Webbased copies of the information collectionthis notice will be summarized andapplication form with instructions and instrument(s) and instructions shouldincluded in the request for OMBother application materials also online. be directed to Dr. Walter Kit, NASAapproval of this information collection.All data will be collected via this Web

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