Federal Register Notice of Availability of 2006 Form M-1

Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Notices
The Department of Justice, Office of
Justice Programs, Office for Victims of
Crime has submitted the following
information collection request to the
Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. Comments are
encouraged and will be accepted for
‘‘sixty days’’ until February 5, 2007.
This process is conducted in accordance
with 5 CFR 1320.10. Comments should
be directed to OMB, Office of
Information and Regulation Affairs,
Attention: Department of Justice Desk
Officer (202) 395–6466, Washington, DC
20503.
If you have comments especially on
the estimated public burden or
associated response time, suggestions,
or need a copy of the proposed
information collection instrument with
instructions or additional information,
please contact Chandria Slaughter,
Office for Victims of Crime, 810 Seventh
Street, NW., Washington, DC 20531; by
facsimile at (202) 305–2440 or by e-mail,
to [email protected].
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agencies
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—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 (e.g.,
permitting electronic submission of
responses).
Overview of this information:
(1) Type of information collection:
Reinstatement with change, of a
previously approved collection for
which approval has expired.
(2) The title of the form/collection:
International Terrorism Victim Expense
Reimbursement Program (ITVERP)
Application.

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(3) The agency form number, if any,
and the applicable component of the
department sponsoring the collection:
Form Number: The Office of
Management and Budget Number for the
certification form is 121–0170. The
Office for Victims of Crime, Office of
Justice Programs, within the United
States Department of Justice is
sponsoring the collection.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individual victims,
surviving family members or personal
representatives. Other: Federal
Government. This application will be
used to apply for expense
reimbursement by U.S. nationals and
U.S. Government employees who are
victims of acts of international terrorism
that occur(red) outside of the United
States. The application will be used to
collect necessary information on the
expenses incurred by the applicant, as
associated with his or her victimization,
as well as other pertinent information,
and will be used by OVC to make an
award determination.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond/reply: It is estimated that 2,000
respondents will complete the
certification in approximately 45
minutes.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The estimated total public
burden associated with this information
collection is 1,500 hours.
If additional information is required
contact: Lynn Bryant, Department
Clearance Officer, Policy and Planning
Staff, Justice Management Division,
United States Department of Justice, 601
D Street, NW., Patrick Henry Building,
Suite 1600, NW., Washington, DC
20530.
Dated: December 4, 2006.
Lynn Bryant,
Department Clearance Officer, United States
Department of Justice.
[FR Doc. E6–20774 Filed 12–6–06; 8:45 am]
BILLING CODE 4410–18–P

DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Publication of Year 2006 Form M–1
With Electronic Filing Option, Notice
AGENCY: Employee Benefits Security
Administration, Department of Labor.

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70991

ACTION: Notice on the Availability of the
Year 2006 Form M–1 with Electronic
Filing Option.
SUMMARY: This document announces the
availability of the Year 2006 Form M–
1, Annual Report for Multiple Employer
Welfare Arrangements and Certain
Entities Claiming Exception. It is
substantively identical to the 2005 Form
M–1. The Form M–1 may again be filed
electronically over the Internet.
FOR FURTHER INFORMATION CONTACT: For
inquiries regarding the Form M–1 filing
requirement, contact Amy J. Turner or
Beth Gelman, Office of Health Plan
Standards and Compliance Assistance,
at (202) 693–8335. For inquiries
regarding how to obtain or file a Form
M–1, see the Supplementary
Information section below.
SUPPLEMENTARY INFORMATION:

I. Background
The Form M–1 is required to be filed
under section 101(g) and section 734 of
the Employee Retirement Income
Security Act of 1974, as amended
(ERISA), and 29 CFR 2520.101–2.
II. The Year 2006 Form M–1
This document announces the
availability of the Year 2006 Form M–
1, Annual Report for Multiple Employer
Welfare Arrangements (MEWAs) and
Certain Entities Claiming Exception
(ECEs). This year’s Form M–1 is
substantively identical to the Year 2005
Form M–1. The electronic filing option
has been retained and filers are
encouraged to use this method. The
Year 2006 Form M–1 is due March 1,
2007, with an extension until May 1,
2007 available.
The Employee Benefits Security
Administration (EBSA) is committed to
working together with administrators to
help them comply with this filing
requirement. Copies of the Form M–1
are available on the Internet at http://
www.dol.gov/ebsa/forms_requests.html.
In addition, after printing, copies will be
available by calling the EBSA toll-free
publication hotline at 1–866–444–EBSA
(3272). Questions on completing the
form are being directed to the EBSA
help desk at (202) 693–8360. For
questions regarding the electronic filing
capability, contact the EBSA computer
help desk at (202) 693–8600.
Statutory Authority: 29 U.S.C. 1021–1024,
1027, 1029–31, 1059, 1132, 1134, 1135,
1181–1183, 1181 note, 1185, 1185a–b, 1191,
1191a–c; Secretary of Labor’s Order No. 1–
2003, 68 FR 5374 (February 2, 2003).

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70992

Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Notices

Signed at Washington, DC this 1st day of
December, 2006.
Bradford P. Campbell,
Acting Assistant Secretary, Employee Benefits
Security Administration.
[FR Doc. E6–20686 Filed 12–6–06; 8:45 am]
BILLING CODE 4510–29–P

DEPARTMENT OF LABOR
Employee Benefits Security
Administration
[Application No. L–11348]

Prohibited Transaction Exemption
2006–19; Grant of Individual
Exemption Involving Kaiser Aluminum
Corporation and Its Subsidiaries
(Together, Kaiser) Located in Foothill
Ranch, CA
AGENCY: Employee Benefits Security
Administration, U.S. Department of
Labor.
ACTION: Grant of individual exemption.

This document contains a final
exemption before the Department of
Labor (the Department) that provides
relief from certain prohibited
transaction restrictions of the Employee
Retirement Income Security Act of 1974
(the Act).1 The exemption permits,
effective July 6, 2006, (1) the acquisition
by the VEBA for Retirees of Kaiser
Aluminum (the Hourly VEBA) and by
the Kaiser Aluminum Salaried Retirees
VEBA (the Salaried VEBA; together, the
VEBAs) of certain publicly traded
common stock issued by Kaiser (the
Stock or the Shares), through an in-kind
contribution to the VEBAs by Kaiser of
such Stock, for the purpose of
prefunding VEBA welfare benefits; (2)
the holding by the VEBAs of such Stock
acquired pursuant to the contribution;
and (3) the management of the Shares,
including their voting and disposition,
by an independent fiduciary (the
Independent Fiduciary) designated to
represent the interests of each VEBA
with respect to the transactions. The
exemption affects the VEBAs and their
participants and beneficiaries.
DATES: Effective Date: This exemption is
effective as of July 6, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Blessed Chuksorji, Office of Exemption
Determinations, Employee Benefits
Security Administration, U.S.
Department of Labor, telephone (202)
1 Because the VEBAs are not qualified under
section 401 of the Internal Revenue Code of 1986,
as amended (the Code) there is no jurisdiction
under Title II of the Act pursuant to section 4975
of the Code. However, there is jurisdiction under
Title I of the Act.

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693–8567. (This is not a toll-free
number.)
On
October 26, 2006, the Department
published a notice of proposed
exemption in the Federal Register at 71
FR 62615. The document contained a
notice of proposed individual
exemption from the restrictions of
sections 406(a)(1)(E), 406(a)(2),
406(b)(1), 406(b)(2) and 407(a) of the
Act. The proposed exemption had been
requested in an application filed by
Kaiser pursuant to section 408(a) of the
Act, and in accordance with the
procedures set forth in 29 CFR Part
2570, Subpart B (55 FR 32836, August
10, 1990). Effective December 31, 1978,
section 102 of Reorganization Plan No.
4 of 1978 (43 FR 47713, October 17,
1978) transferred the authority of the
Secretary of the Treasury to issue
exemptions of the type requested to the
Secretary of Labor. Accordingly, this
exemption is being issued solely by the
Department.
The proposed exemption gave
interested persons an opportunity to
comment and to request a hearing. In
this regard, all interested persons were
invited to submit written comments or
requests for a hearing on the pending
exemption on or before November 21,
2006. All comments were to be made
part of the record.
During the comment period, the
Department received 18 comments by
telephone from participants in the
Hourly and Salaried VEBAs regarding
benefits questions or requests for a
simplified explanation of the
transactions. For those inquiries
pertaining to benefits, the Department
referred the participants to sources
recommended by either Independent
Fiduciary Services, Inc. (IFS), the
Independent Fiduciary for the Hourly
VEBA or Fiduciary Counselors, Inc.
(FCI), the Independent Fiduciary for the
Salaried VEBA. Of the participant
comments, one participant in the
Hourly VEBA submitted a written
comment to the Department regarding a
substantive matter. For a response, the
comment was forwarded to IFS. The
Department did not receive any requests
from any VEBA participants for a public
hearing.
In addition to the VEBA participant
comments, the Department received
written comments from IFS and FCI.
Both comments are intended to clarify
the Summary of Facts and
Representations (the Summary) and the
conditions and definitions of the
proposal.
The written comments and the
responses are discussed below.

SUPPLEMENTARY INFORMATION:

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Hourly VEBA Participant’s Comment
A retired Kaiser employee and a
participant in the Hourly VEBA
questioned the decision to use the
Kaiser Stock to fund the Hourly VEBA.
The commenter suggested that each
current retiree be given shares of Kaiser
Stock to manage as such retiree wished.
In response to the comment, IFS
explains that Kaiser and various unions
(the Unions) engaged in negotiations,
and that the Unions, representing the
interests of all Kaiser retirees (both
current and future), agreed to use the
Stock to fund the plans that would
provide retiree health benefits for both
current and future retirees of the
VEBAs. IFS further explains that this
decision was memorialized in the
collective bargaining agreements that
were ratified by Kaiser employees
working under the agreements. In
addition, IFS notes that the agreements
were subsequently approved by the
Bankruptcy Court.
Summary Clarifications
In its comment letter, IFS has
suggested the following clarifications to
the Summary:
1. Footnote 8. IFS explains that
Footnote 8 of the Summary ends with
the phrase ‘‘* * * the pre-emergence
sales are treated as if they occurred on
or after the Effective Date.’’ IFS states
that Section 2.3 of the Stock Transfer
Restriction Agreement provides that
these pre-emergence sales are treated as
if they occurred on the day immediately
succeeding the Effective Date.
Therefore, IFS recommends that
Footnote 8 of the Summary be revised
to read ‘‘* * * the pre-emergence sales
are treated as if they occurred on the
day immediately succeeding the
Effective Date.’’
2. Representation 6(a)(1). IFS
indicates that Representation 6(a)(1) of
the Summary states that ‘‘On July 7,
2006, Kaiser issued 8,809,000 shares of
its common stock to the Hourly Trust.’’
Similarly, in Representation 10(c),
under the caption ‘‘Pricing of the Hourly
VEBA Shares,’’ it states that ‘‘The
Hourly VEBA received its 8,809,000
Shares as of July 7, 2006.’’ IFS explains
that Representation 10(c) further states
that market-driven sales of preemergence Shares provided a
benchmark value ‘‘of the Shares to
which the Hourly VEBA was eventually
entitled on July 7, 2006.’’ IFS wishes to
clarify that the correct number of Shares
issued to the Hourly VEBA was
8,809,900.
In addition, IFS wishes to clarify that
Kaiser issued the Shares—and the
Hourly VEBA became the legal owner of

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