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Federal Register / Vol. 71, No.

207 / Thursday, October 26, 2006 / Notices 62611

Attention: Department of Justice Desk There are an estimated 62 total burden agencies concerning the proposed
Officer, Washington, DC 20503. hours associated with this collection. collection of information are
Additionally, comments may be If additional information is required encouraged. Your comments should
submitted to OMB via facsimile to (202) contact: Lynn Bryant, Department address one or more of the following
395–5806. Clearance Officer, United States four points:
Written comments and suggestions Department of Justice, Policy and (1) Evaluate whether the proposed
from the public and affected agencies Planning Staff, Justice Management collection of information is necessary
concerning the proposed collection of Division, Suite 1600, Patrick Henry for the proper performance of the
information are encouraged. Your Building, 601 D Street, NW., functions of the agency, including
comments should address one or more Washington, DC 20530. whether the information will have a
of the following four points: Dated: October 20, 2006. practical utility;
—Evaluate whether the proposed Lynn Bryant, (2) Evaluate the accuracy of the
collection of information is necessary Department Clearance Officer, United States agency’s estimate of the burden of the
for the proper performance of the Department of Justice. propose collection of information,
functions of the agency, including [FR Doc. E6–17915 Filed 10–25–06; 8:45 am] including the validity of the
whether the information will have BILLING CODE 4410–FY–P
methodology and assumptions used;
practical utility; (3) Enhance the quality, utility, and
—Evaluate the accuracy of the agencies clarity of the information to be
estimate of the burden of the DEPARTMENT OF JUSTICE collected; and
proposed collection of information, (4) Minimize the burden of the
including the validity of the Federal Bureau of Investigation collection of information on those who
methodology and assumptions used; [OMB Number 1110–NEW] are to respond, including through the
—Enhance the quality, utility, and use of appropriate automated,
clarity of the information to be Agency Information Collection electronic, mechanical, or other
collected; and Activities: Proposed Collection, technological collection techniques of
—Minimize the burden of the collection Comments Requested other forms of information technology,
of information on those who are to e.g., permitting electronic submission of
respond, including through the use of ACTION: 30-day Notice of Information responses.
appropriate automated, electronic, Collection Under Review: Three Overview of this information
mechanical, or other technological Fingerprint Cards: Arrest and collection:
collection techniques or other forms Institution; Applicant; Personal (1) Type of information collection:
of information technology, e.g., Identification. Approval of existing collection in use
permitting electronic submission of The Department of Justice, Federal without an OMB control number.
responses. Bureau of Investigation, Criminal Justice (2) The title of the form/collection:
Information Services Division has Three Fingerprint Cards: Arrest and
Overview of This Information Institution; Applicant; Personal
Collection submitted the following information
collection request to the Office of Identification.
(1) Type of Information Collection: Management and Budget (OMB) for (3) The agency form number, if any,
Extension of a currently approved review and clearance in accordance and the applicable component of the
collection. with established review procedures of department sponsoring the collection:
(2) Title of the Form/Collection: the Paperwork Reduction Act of 1995. Forms FD–249 (Arrest and Institution),
Certification of Child Safety Lock. The proposed information collection is FD–258 (Applicant), and FD–353
(3) Agency form number, if any, and published to obtain comments from the (Personal Identification); Criminal
the applicable component of the public and affected agencies. The Justice Information Services Division,
Department of Justice sponsoring the proposed information collection was Federal Bureau of Investigation,
collection: Form Number: None. Bureau previously published in the Federal Department of Justice.
of Alcohol, Tobacco, Firearms and Register Volume on (August 28, 2006, (4) Affected public who will be asked
Explosives. Volume 71, Number 166, Pages 50943– or required to respond, as well as a brief
(4) Affected public who will be asked 50944, allowing for a 60 day comment abstract: Primary: City, county, State,
or required to respond, as well as a brief period. Federal and tribal law enforcement
abstract: Primary: Business or other for- The purpose of this notice is to allow agencies; civil entities requesting
profit. Other: None. Abstract: Prior to for an additional 30 days for public security clearance and background
transferring a handgun to a non- comment until November 27, 2006. This checks. This collection is needed to
licensee, the licensed importer, process is conducted in accordance with collect information on individuals
manufacturer or dealer must certify that 5 CFR 1320.10. requesting background checks, security
the non-licensee has been or within 10 Written comments and/or suggestions clearance, or those individuals who
days will be provided with secure gun regarding the items contained in this have been arrested for or accused of
storage or a safety device for the notice, especially the estimated public criminal activities. Acceptable data is
handgun. burden and associated response time, stored as part of the Integrated
(5) An estimate of the total number of should be directed to the Office of Automated Fingerprint Identification
respondents and the amount of time Management and Budget, Office of System (IAFIS) of the Federal Bureau of
estimated for an average respondent to Information and Regulatory Affairs, Investigation.
respond: There will be an estimated Attention Department of Justice Desk (5) An estimate of the total number of
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61,356 respondents, who will complete Officer, Washington, DC 20503. respondents and the amount of time
the certification in approximately 5 Additionally, comments may be estimated for an average respondent to
seconds. submitted to OMB via facsimile to (202) respond: There are approximately
(6) An estimate of the total burden (in 395–5806. Written comments and 80,100 agencies as respondents at 10
hours) associated with the collection: suggestions from the public and affected minutes per fingerprint card completed.

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62612 Federal Register / Vol. 71, No. 207 / Thursday, October 26, 2006 / Notices

(6) An estimate of the total public section 406(a) and 406(b)(1) and (b)(2) of safeguards to protect the Fund. In
burden (in hours) associated with this the Employee Retirement Income response, the Applicants state that
collection: There are approximately Security Act of 1974 (ERISA or the Act) numerous safeguards will be in place to
486,724 annual burden hours associated and from the sanctions resulting from protect the Fund with regard to both the
with this collection. the application of section 4975 of the creation and operation of Trustco. In
If additional information is required Internal Revenue Code of 1986 (the this regard, the Applicants represent
contact: Ms. Lynn Bryant, Department Code), as amended, by reason of section that the establishment and operation of
Clearance Officer, Justice Management 4975(c)(1)(A) through (E) of the Code. Trustco will be overseen by: The Office
Division, United States Department of Specifically, PTE 95–31 permits the of the Comptroller of the Currency (the
Justice, Patrick Henry Building, Suite provision of certain services, and the OCC), an independent fiduciary, an
1600, 601 D Street, NW., Washington, receipt of compensation for such independent auditor, and the Fund’s
DC 20530. services, by Pentegra to: Employers (the board of trustees. The Applicants state
Dated: October 20, 2006.
Employers) that participate in the Fund that, before granting trust status to
and the Thrift Plan; and employee Trustco, the OCC must determine that
Lynn Bryant,
benefit plans (the Plans) sponsored by Trustco can reasonably be expected to
Department Clearance Officer, United States such Employers. The exemption achieve and maintain profitability, and
Department of Justice.
contained herein expands the scope of operate in a safe and sound manner. To
[FR Doc. E6–17916 Filed 10–25–06; 8:45 am] PTE 95–31 by permitting the provision the extent trust status is granted to
BILLING CODE 4410–02–P of certain trust services, and the receipt Trustco, the OCC will thereafter
of compensation for such services, by periodically examine, among other
Trustco (a wholly-owned, for-profit things, the trust company’s
DEPARTMENT OF LABOR subsidiary corporation of the Fund that management, operations, internal
will provide directed, non-discretionary controls, audits, earnings, asset
Employee Benefits Security trust services) to the Plans, the management and compliance with
Administration Employers, the Thrift Plan, and applicable laws and regulations.
individual retirement accounts (the The Applicants state that the
[Prohibited Transaction Exemption 2006–
15; Exemption Application No. D–11039] IRAs) established by certain employees, establishment and operation of Trustco
officers, directors and/or shareholders of will be further overseen by an
Grant of Individual Exemption To the Employers (the Individuals). In independent fiduciary (currently, Ernst
Amend Prohibited Transaction addition, the exemption permits the & Young LLP). In this regard, the
Exemption (PTE) 95–31 Involving the provision of certain services by Pentegra independent fiduciary will review the
Financial Institutions Retirement Fund to the Thrift Plan and the IRAs; and the services that will be provided by
(the Fund) and the Financial receipt of compensation by Pentegra in Trustco, and, if the services are
Institutions Thrift Plan (the Thrift Plan) connection therewith. reasonable and appropriate for the trust
Located in White Plains, NY This individual exemption to amend company, give an express approval for
PTE 95–31 was requested in an such services. The independent
AGENCY: Employee Benefits Security application filed on behalf of the Fund fiduciary will also review the provision
Administration, U.S. Department of and the Thrift Plan (together, the of trust services by Trustco to ensure
Labor. Applicants) pursuant to section 408(a) that the terms contained therein reflect
ACTION: Grant of Individual Exemption of the Act and section 4975(c)(2) of the terms at least as favorable to Trustco
to Amend PTE 95–31. Code, and in accordance with the and the Retirement Fund. Thereafter,
procedures set forth in 29 CFR Part the independent fiduciary must perform
SUMMARY: This document contains a 2570, Subpart B (55 FR 32836, August periodic reviews to ensure that the
final exemption that amends PTE 95–31 10, 1990).1 The notice of proposed services being provided by Trustco
(60 FR 18619, April 12, 1995), an amendment gave interested persons an remain appropriate for Pentegra and
exemption granted to the Fund and the opportunity to submit written Trustco.
Thrift Plan. PTE 95–31 involves the comments or requests for a public The Applicants additionally state that
provision of certain services, and the hearing on the proposed amendment to Trustco’s financial statements will be
receipt of compensation for such the Department. The Department audited each year by an independent
services, by Pentegra Services, Inc. received 7 comments and no written certified public accountant, and such
(Pentegra), a wholly-owned, for-profit requests for a public hearing. The audited statements will be reviewed by
subsidiary corporation of the Fund. Applicants responded to these the independent fiduciary.
These transactions are described in a comments in a letter received by the The Applicants represent also that the
notice of pendancy that was published Department on February 19, 2004. Ernst Trustco board will be independent from
in the Federal Register on July 3, 2002 & Young LLP, an independent fiduciary the Pentegra and Thrift Plan boards (as
(67 FR 44643). as discussed in further detail below, described in further detail below). The
EFFECTIVE DATE: This exemption is submitted a letter received by the Applicants state that, at least once a
effective October 26, 2006. Department on February 9, 2006. year, the Trustco board of directors will
provide a written report to the Fund
FOR FURTHER INFORMATION CONTACT: Discussion of the Comments Received Board, describing in detail: the services
Christopher Motta, Office of Exemption Several of the commenters expressed provided by Trustco, the fees received
Determinations, Employee Benefits general concern that the proposed for such services, and an estimate of the
Security Administration, U.S. exemption does not contain sufficient fees the trust company expects to
Department of Labor, telephone (202)
receive the following year.
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693–8544. (This is not a toll-free 1 Section 102 of the Reorganization Plan No. 4 of A commenter requested specific
number.) 1978 (43 FR 44713, October 17, 1978, 5 U.S.C. App information regarding: (1) Pentegra
1 [1995]) generally transferred the authority of the
SUPPLEMENTARY INFORMATION: PTE 95–31 Secretary of the Treasury to issue administrative
clients that have requested the creation
provides an exemption from certain exemptions under section 4975 of the Code to the of Trustco; (2) Pentegra’s stand-alone
prohibited transaction restrictions of Secretary of Labor. expenses, and the percentage that such

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