NASA Advisory Council, Financial Audit Committee, Meeting, 17479-17480 [05-6734]
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Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Notices
a pension plan within a reasonable time
after withholding or receipt by the
employer.
B. Loan at a fair market interest rate
to a party in interest with respect to a
plan. (See VFC Program, section 7.B.1.).
C. Purchase or sale of an asset
(including real property) between a plan
and a party in interest at fair market
value. (See VFC Program, sections 7.D.1.
and 7.D.2.).
D. Sale of real property to a plan by
the employer and the leaseback of the
property to the employer, at fair market
value and fair market rental value,
respectively. (See VFC Program, section
7.D.3.).
E. Purchase of an asset by a plan
where the asset has been determined to
be illiquid (including real property) as
described under the revised VFC
Program from a party in interest at no
greater than fair market value at that
time, and/or the subsequent sale of such
asset to a party in interest, provided the
plan receives the correction amount as
described in section 5(b) of the Program.
(See VFC Program, as amended, section
7.D.6.).
Section II: Conditions
A. With respect to a transaction
involving participant contributions or
loan repayments to pension plans
described in Section I.A., the
contributions or repayments were
transmitted to the pension plan not
more than 180 calendar days from the
date the amounts were received by the
employer (in the case of amounts that a
participant or beneficiary pays to an
employer) or the date the amounts
otherwise would have been payable to
the participant in cash (in the case of
amounts withheld by an employer from
a participant’s wages).
B. With respect to the transactions
described in Sections I.B., I.C., I.D., or
I.E., the plan assets involved in the
transaction, or series of related
transactions, did not, in the aggregate,
exceed 10 percent of the fair market
value of all the assets of the plan at the
time of the transaction.
C. The fair market value of any plan
asset involved in a transaction described
in Sections I.C., I.D., or I.E. was
determined in accordance with section
5 of the VFC Program.
D. The terms of a transaction
described in Sections I.B., I.C., I.D., or
I.E., were at least as favorable to the
plan as the terms generally available in
arm’s-length transactions between
unrelated parties.
E. With respect to any transaction
described in Section I, the transaction
was not part of an agreement,
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arrangement or understanding designed
to benefit a party in interest.
F. (1) With respect to any transaction
described in Section I, the applicant has
not taken advantage of the relief
provided by the VFC Program and this
exemption for a similar type of
transaction(s) identified in the current
application during the period which is
three years prior to submission of the
current application.
(2) Notwithstanding the foregoing,
Section II.F.(1) shall not apply to an
applicant provided that:
(a) The applicant was a broker-dealer
registered under the Securities
Exchange Act of 1934, a bank
supervised by the United States or a
State thereof, a broker-dealer or bank
subject to foreign government
regulation, an insurance company
qualified to do business in a State, or an
affiliate thereof;
(b) The applicant was a party in
interest (including a fiduciary) solely by
reason of providing services to the plan
or solely by reason of a relationship to
such service provider described in
section 3(14)(F), (G), (H) or (I) of ERISA
(and/or the corresponding provisions of
section 4975 of the Code);
(c) Neither the applicant nor any
affiliate (i) was a fiduciary (within the
meaning of section 3(21)(A) of ERISA)
with respect to the assets of the plan
involved in the transaction and (ii) used
its discretion to cause the plan to engage
in the transaction;
(d) Individuals acting on behalf of the
applicant had no actual knowledge or
reason to know that the transaction was
not exempt pursuant to a statutory or
administrative exemption under ERISA
and/or the Code; and
(e) Prior to the transaction, the
applicant established written policies
and procedures that were reasonably
designed to ensure compliance with the
prohibited transaction rules and the
applicant engaged in periodic
monitoring for compliance.
G. With respect to a transaction
involving a sale of an illiquid asset
under the VFC Program by the plan to
a party in interest described in Section
I.E., the plan paid no brokerage fees, or
commissions in connection with the
sale of the asset.
Section IV: Notice
A. Written notice of the transaction(s)
for which the applicant is seeking relief
pursuant to the revised VFC Program,
and this exemption, and the method of
correcting the transaction, was provided
to interested persons within 60 calendar
days following the date of the
submission of an application under the
revised VFC Program. A copy of the
notice was provided to the appropriate
Regional Office of the United States
Department of Labor, Employee Benefits
Security Administration within the
same 60-day period, and the applicant
indicated the date upon which notice
was distributed to interested persons.
Plan assets were not used to pay for the
notice. The notice included an objective
description of the transaction and the
steps taken to correct it, written in a
manner reasonably calculated to be
understood by the average Plan
participant or beneficiary. The notice
provided for a period of 30 calendar
days, beginning on the date the notice
was distributed, for interested persons
to provide comments to the appropriate
Regional Office. The notice included the
address and telephone number of such
Regional Office.
B. Notice was given in a manner that
was reasonably calculated, taking into
consideration the particular
circumstances of the plan, to result in
the receipt of such notice by interested
persons, including but not limited to
posting, regular mail, or electronic mail,
or any combination thereof. The notice
informed interested persons of the
applicant’s participation in the revised
VFC Program as amended and intention
of availing itself of relief under the
exemption.
Section III: Compliance With the
Revised VFC Program
NASA Advisory Council, Financial
Audit Committee, Meeting
A. The applicant has met all of the
applicable requirements of the revised
VFC Program.
B. EBSA has issued a no action letter
to the applicant pursuant to the revised
VFC Program with respect to a
transaction described in Section I.
AGENCY:
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Signed at Washington, DC, this 30th day of
March, 2005.
Ivan L. Strasfeld,
Director of Exemption Determinations,
Employee Benefits, Security Administration,
U.S. Department of Labor.
[FR Doc. 05–6626 Filed 4–5–05; 8:45 am]
BILLING CODE 4510–29–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice 05–068]
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
SUMMARY: In accordance with the
Federal Advisory Committee Act
(FACA), Pub. L. 92–463, as amended,
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Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Notices
the National Aeronautics and Space
Administration announces a
forthcoming meeting of the NASA
Advisory Council (NAC), Financial
Audit Committee (NFAC).
DATES: Friday, April 22, 2005, 11 a.m.
to 3 p.m.
ADDRESSES: National Aeronautics and
Space Administration, 300 E Street,
SW., Room 9H40, Washington, DC
20546.
Ms.
Ermerdene Lee, of the Chief Financial
Officer’s Office, National Aeronautics
and Space Administration, Washington,
DC 20546. (202) 358–4529, e-mail
elee1@hq.nasa.gov.
FOR FURTHER INFORMATION CONTACT:
The
meeting will be open to the public up
to the capacity of the room. The agenda
for the meeting includes the following
topics:
—NASA Financial Systems Overview
—NASA Management Material
Weaknesses Discussion
Attendees will be requested to sign a
register and to comply with NASA
security requirements, including the
presentation of a valid picture ID, before
receiving an access badge. Foreign
nationals attending this meeting will be
required to provide the following
information no less than 3 working days
prior to the meeting: full name; gender,
date/place of birth; citizenship; visa/
green card information (number, type,
expiration date); passport information
(number, country, expiration date);
employer/affiliation information (name
of institution, address, country, phone);
title/position of attendee. To expedite
admittance, attendees with U.S.
citizenship can provide identifying
information in advance by contacting
Ermerdene Lee via e-mail at
elee1@hq.nasa.gov or by telephone at
(202) 358–4529. It is imperative that the
meeting be held on this date to
accommodate the scheduling priorities
of the key participants.
SUPPLEMENTARY INFORMATION:
Michael F. O’Brien,
Assistant Administrator for External
Relations.
[FR Doc. 05–6734 Filed 4–5–05; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Records Schedules; Availability and
Request for Comments
National Archives and Records
Administration (NARA).
AGENCY:
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Notice of availability of
proposed records schedules; request for
comments.
ACTION:
SUMMARY: The National Archives and
Records Administration (NARA)
publishes notice at least once monthly
of certain Federal agency requests for
records disposition authority (records
schedules). Once approved by NARA,
records schedules provide mandatory
instructions on what happens to records
when no longer needed for current
Government business. They authorize
the preservation of records of
continuing value in the National
Archives of the United States and the
destruction, after a specified period, of
records lacking administrative, legal,
research, or other value. Notice is
published for records schedules in
which agencies propose to destroy
records not previously authorized for
disposal or reduce the retention period
of records already authorized for
disposal. NARA invites public
comments on such records schedules, as
required by 44 U.S.C. 3303a(a).
DATES: Requests for copies must be
received in writing on or before May 23,
2005. Once the appraisal of the records
is completed, NARA will send a copy of
the schedule. NARA staff usually
prepare appraisal memorandums that
contain additional information
concerning the records covered by a
proposed schedule. These, too, may be
requested and will be provided once the
appraisal is completed. Requesters will
be given 30 days to submit comments.
ADDRESSES: You may request a copy of
any records schedule identified in this
notice by contacting the Life Cycle
Management Division (NWML) using
one of the following means: Mail: NARA
(NWML), 8601 Adelphi Road, College
Park, MD 20740–6001.
E-mail: records.mgt@nara.gov.
FAX: 301–837–3698.
Requesters must cite the control
number, which appears in parentheses
after the name of the agency which
submitted the schedule, and must
provide a mailing address. Those who
desire appraisal reports should so
indicate in their request.
FOR FURTHER INFORMATION CONTACT: Paul
M. Wester, Jr., Director, Life Cycle
Management Division (NWML),
National Archives and Records
Administration, 8601 Adelphi Road,
College Park, MD 20740–6001.
Telephone: 301–837–3120. E-mail:
records.mgt@nara.gov.
SUPPLEMENTARY INFORMATION: Each year
Federal agencies create billions of
records on paper, film, magnetic tape,
and other media. To control this
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accumulation, agency records managers
prepare schedules proposing retention
periods for records and submit these
schedules for NARA’s approval, using
the Standard Form (SF) 115, Request for
Records Disposition Authority. These
schedules provide for the timely transfer
into the National Archives of
historically valuable records and
authorize the disposal of all other
records after the agency no longer needs
them to conduct its business. Some
schedules are comprehensive and cover
all the records of an agency or one of its
major subdivisions. Most schedules,
however, cover records of only one
office or program or a few series of
records. Many of these update
previously approved schedules, and
some include records proposed as
permanent.
No Federal records are authorized for
destruction without the approval of the
Archivist of the United States. This
approval is granted only after a
thorough consideration of their
administrative use by the agency of
origin, the rights of the Government and
of private persons directly affected by
the Government’s activities, and
whether or not they have historical or
other value.
Besides identifying the Federal
agencies and any subdivisions
requesting disposition authority, this
public notice lists the organizational
unit(s) accumulating the records or
indicates agency-wide applicability in
the case of schedules that cover records
that may be accumulated throughout an
agency. This notice provides the control
number assigned to each schedule, the
total number of schedule items, and the
number of temporary items (the records
proposed for destruction). It also
includes a brief description of the
temporary records. The records
schedule itself contains a full
description of the records at the file unit
level as well as their disposition. If
NARA staff has prepared an appraisal
memorandum for the schedule, it too
includes information about the records.
Further information about the
disposition process is available on
request.
Schedules Pending
1. Department of Education, Office for
Civil Rights, (N1–441–05–1, 9 items, 6
temporary items). Civil rights
compliance reports submitted by state
vocational education agencies, reference
copies of electronic master files of
elementary and secondary school civil
rights surveys, and electronic copies of
documents created using electronic mail
and word processing. Proposed for
permanent retention are such records as
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Agencies
[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Notices]
[Pages 17479-17480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6734]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice 05-068]
NASA Advisory Council, Financial Audit Committee, Meeting
AGENCY: National Aeronautics and Space Administration.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Federal Advisory Committee Act (FACA),
Pub. L. 92-463, as amended,
[[Page 17480]]
the National Aeronautics and Space Administration announces a
forthcoming meeting of the NASA Advisory Council (NAC), Financial Audit
Committee (NFAC).
DATES: Friday, April 22, 2005, 11 a.m. to 3 p.m.
ADDRESSES: National Aeronautics and Space Administration, 300 E Street,
SW., Room 9H40, Washington, DC 20546.
FOR FURTHER INFORMATION CONTACT: Ms. Ermerdene Lee, of the Chief
Financial Officer's Office, National Aeronautics and Space
Administration, Washington, DC 20546. (202) 358-4529, e-mail
elee1@hq.nasa.gov.
SUPPLEMENTARY INFORMATION: The meeting will be open to the public up to
the capacity of the room. The agenda for the meeting includes the
following topics:
--NASA Financial Systems Overview
--NASA Management Material Weaknesses Discussion
Attendees will be requested to sign a register and to comply with
NASA security requirements, including the presentation of a valid
picture ID, before receiving an access badge. Foreign nationals
attending this meeting will be required to provide the following
information no less than 3 working days prior to the meeting: full
name; gender, date/place of birth; citizenship; visa/green card
information (number, type, expiration date); passport information
(number, country, expiration date); employer/affiliation information
(name of institution, address, country, phone); title/position of
attendee. To expedite admittance, attendees with U.S. citizenship can
provide identifying information in advance by contacting Ermerdene Lee
via e-mail at elee1@hq.nasa.gov or by telephone at (202) 358-4529. It
is imperative that the meeting be held on this date to accommodate the
scheduling priorities of the key participants.
Michael F. O'Brien,
Assistant Administrator for External Relations.
[FR Doc. 05-6734 Filed 4-5-05; 8:45 am]
BILLING CODE 7510-13-P