Notice of a Change in Status of an Extended Benefit (EB) Period for Washington, 8584-8585 [E9-3946]
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8584
Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices
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(d) Plans will not waive any rights or
claims in connection with any Covered
Sale;
(e) With only very narrow exceptions:
(1) The decision to accept an Offer or
retain the ARS shall be made by a Plan
fiduciary or Plan participant or IRA
owner who is Independent of Morgan
Stanley; and
(2) Neither Morgan Stanley nor any
affiliate shall exercise investment
discretion or render investment advice
[within the meaning of 29 CFR 2510.3–
21(c)] with respect to the decision to
accept the Offer or retain the ARS;
(f) Plans shall not pay any
commissions or transaction costs with
respect to any Covered Sale;
(g) A Covered Sale shall not be part
of an arrangement, agreement or
understanding designed to benefit a
party in interest to the affected Plan;
(h) With respect to any Settlement
Sale, the terms and delivery of the Offer,
and the terms of Settlement Sale, shall
be consistent with the requirements set
forth in the Settlement Agreement;
(i) Each Offer made in connection
with an Unrelated Sale shall describe all
of the material terms of the Unrelated
Sale, including:
(1) The identity and par value of the
Auction Rate Security;
(2) the interest or dividend amounts
that are due with respect to the Auction
Rate Security; and
(3) the most recent rate information
for the Auction Rate Security (if reliable
information is available);
(j) Each Offer made in connection
with a Settlement Agreement shall
describe all of the material terms of the
Settlement Sale, including:
(1) How the Plan can determine: The
ARS held by the Plan with Morgan
Stanley; the number of shares and par
value of the ARS; interest or dividend
amounts; purchase dates for the ARS;
and (if reliable information is available)
the most recent rate information for the
ARS;
(2) The background of the Offer;
(3) That neither the tender of ARS nor
the purchase of ARS pursuant to the
Offer will constitute a waiver of any
claim of the tendering Plan;
(4) The methods and timing by which
the Plan may accept the Offer; and
(5) The purchase dates, or the manner
of determining the purchase dates, for
ARS pursuant to the Offer and the
timing for acceptance by Morgan
Stanley of tendered ARS for payment.
Notice To Interested Persons
The Applicant represents that the
potentially interested participants and
beneficiaries cannot all be identified
and therefore the only practical means
VerDate Nov<24>2008
18:09 Feb 24, 2009
Jkt 217001
of notifying such participants and
beneficiaries of this proposed
exemption is by the publication of this
notice in the Federal Register.
Comments and requests for a hearing
must be received by the Department not
later than 45 days from the date of
publication of this notice of proposed
exemption in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Chris Motta of the Department,
telephone (202) 693–8540. (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 of the Act and/or the Code,
including any prohibited transaction
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) Before an exemption may be
granted under section 408(a) of the Act
and/or section 4975(c)(2) of the Code,
the Department must find that the
exemption is administratively feasible,
in the interests of the plan and of its
participants and beneficiaries, and
protective of the rights of participants
and beneficiaries of the plan;
(3) The proposed exemptions, if
granted, will be supplemental to, and
not in derogation of, any other
provisions of the Act and/or the Code,
including statutory or administrative
exemptions and transitional 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
(4) The proposed exemptions, if
granted, will be subject to the express
condition that the material facts and
representations contained in each
application are true and complete, and
that each 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 19th day of
February 2009.
Ivan Strasfeld,
Director of Exemption Determinations,
Employee Benefits Security Administration,
U.S. Department of Labor.
[FR Doc. E9–3997 Filed 2–24–09; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Notice of a Change in Status of an
Extended Benefit (EB) Period for
Washington
AGENCY: Employment and Training
Administration, Labor.
ACTION: Notice.
SUMMARY: This notice announces a
change in benefit period eligibility
under the EB Program for Washington.
The following change has occurred
since the publication of the last notice
regarding the State’s EB status:
• Based on data reported by the
Bureau of Labor Statistics on January 27,
2009, Washington’s 3-month seasonally
adjusted total unemployment rate was
6.6 percent and equals or exceeds 110
percent of the corresponding rate in
both prior years. This causes
Washington to be triggered ‘‘on’’ to an
EB period beginning February 15, 2009.
Information for Claimants
The duration of benefits payable in
the EB Program, and the terms and
conditions on which they are payable,
are governed by the Federal-State
Extended Unemployment Compensation
Act of 1970, as amended, and the
operating instructions issued to the
states by the U.S. Department of Labor.
In the case of a state beginning an EB
period, the State Workforce Agency will
furnish a written notice of potential
entitlement to each individual who has
exhausted all rights to regular benefits
and is potentially eligible for EB (20
CFR 615.13(c)(1)).
Persons who believe they may be
entitled to EB, or who wish to inquire
about their rights under the program,
should contact their State Workforce
Agency.
FOR FURTHER INFORMATION CONTACT:
Scott Gibbons, U.S. Department of
Labor, Employment and Training
Administration, Office of Workforce
Security, 200 Constitution Avenue NW.,
Frances Perkins Bldg., Room S–4231,
Washington, DC 20210, telephone
number (202) 693–3008 (this is not a
toll-free number) or by e-mail:
gibbons.scott@dol.gov.
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Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices
Signed in Washington, DC, this 13th day of
February 2009.
Douglas F. Small,
Deputy Assistant Secretary, Employment and
Training Administration.
[FR Doc. E9–3946 Filed 2–24–09; 8:45 am]
BILLING CODE 4510–FW–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Announcement Regarding States
Triggering ‘‘On’’ to the Second-Tier of
Emergency Unemployment
Compensation 2008 (EUC08)
AGENCY: Employment and Training
Administration, Labor.
ACTION: Notice.
pwalker on PROD1PC71 with NOTICES
Information for Claimants
The duration of benefits payable in
the EUC program, and the terms and
conditions under which they are
payable, are governed by Public Laws
110–252 and 110–449, and the operating
instructions issued to the states by the
U.S. Department of Labor. The State
Workforce Agency in states beginning a
high unemployment period, will furnish
a written notice of potential entitlement
to each individual who is potentially
eligible for Second-Tier of EUC08
benefits.
Persons who believe they may be
entitled to additional benefits under the
EUC08 program, or who wish to inquire
about their rights under the program,
should contact their State Workforce
Agency.
18:09 Feb 24, 2009
Jkt 217001
Signed in Washington, DC, this 13th day of
February 2009.
Douglas F. Small,
Deputy Assistant Secretary, Employment and
Training Administration.
[FR Doc. E9–3945 Filed 2–24–09; 8:45 am]
BILLING CODE 4510–FW–P
LIBRARY OF CONGRESS
SUMMARY: Announcement regarding
states triggering ‘‘on’’ to the Second-Tier
of Emergency Unemployment
Compensation (EUC08).
Public Law 110–449 created a
Second-Tier of benefits for qualified
unemployed workers claiming benefits
in high unemployment states. The
Department of Labor produces a trigger
notice indicating which states qualify
for the Second-Tier of EUC08 benefits
and provides the beginning and ending
dates of the Second-Tier period for each
qualifying state. The trigger notice
covering state eligibility for the SecondTier of the EUC08 program can be found
at: https://ows.doleta.gov/unemploy/
claims_arch.asp. A new trigger notice is
posted at this location each week that
the program is in effect.
Beginning February 15, 2009, the
following states are in a high
unemployment period, resulting in their
triggering ‘‘on’’ to the Second-Tier of the
EUC08 program: Alabama, Maine,
Massachusetts, and New York.
VerDate Nov<24>2008
FOR FURTHER INFORMATION CONTACT:
Scott Gibbons, U.S. Department of
Labor, Employment and Training
Administration, Office of Workforce
Security, 200 Constitution Avenue,
NW., Frances Perkins Bldg., Room S–
4231, Washington, DC 20210, telephone
number (202) 693–3008 (this is not a
toll-free number) or by e-mail:
gibbons.scott@dol.gov.
Copyright Royalty Board
Notice of Intent To Audit
AGENCY: Copyright Royalty Board,
Library of Congress.
ACTION: Public notice.
SUMMARY: The Copyright Royalty Judges
are announcing receipt of notices of
intent to audit the 2007 and 2008
statements of account submitted by
Sirius Satellite Radio Inc. and XM
Satellite Radio, Inc.
FOR FURTHER INFORMATION CONTACT:
Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by
telephone at (202) 707–7658 or e-mail at
crb@loc.gov.
SUPPLEMENTARY INFORMATION: Section
106(6) of the Copyright Act, title 17 of
the United States Code, gives a
copyright owner of sound recordings an
exclusive right to perform the
copyrighted works publicly by means of
a digital audio transmission. This right
is limited by section 114(d), which
allows certain non-interactive digital
audio services, including preexisting
satellite digital audio radio services, to
make digital transmissions of a sound
recording under a compulsory license.
Moreover, these services may make any
necessary ephemeral reproductions to
facilitate the digital transmission of the
sound recording under a second license
set forth in section 112(e) of the
Copyright Act.
Licensees may operate under these
licenses provided they pay the royalty
fees and comply with the terms of the
licenses set by the Copyright Royalty
Judges (‘‘Judges’’). On January 24, 2008,
the Judges issued their final
determination setting rates and terms for
the section 112 and 114 licenses for the
period 2007–2012. 73 FR 4080. As part
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8585
of the terms set for these licenses, the
Judges designated SoundExchange, Inc.,
as the organization charged with
collecting the royalty payments and
statements of account and distributing
the royalties to the copyright owners
and performers entitled to receive such
royalties under the section 112 and 114
licenses. 37 CFR 382.13(b)(1). As the
designated Collective, SoundExchange
may conduct a single audit of a licensee
for any calendar year for the purpose of
verifying their royalty payments.
SoundExchange must first file with the
Judges a notice of intent to audit a
licensee and serve the notice on the
licensee to be audited. 37 CFR
382.15(b), (c).
On February 13, 2009, pursuant to 37
CFR 382.15(c), SoundExchange filed
with the Judges separate notices of
intent to audit Sirius Satellite Radio Inc.
and XM Satellite Radio Inc. for the years
2007 and 2008. Section 382.15(c)
requires the Judges to publish a notice
in the Federal Register within 30 days
of receipt of the notice announcing the
Collective’s intent to conduct an audit.
In accordance with 37 CFR 382.15(c),
the Copyright Royalty Judges are
publishing today’s notice to fulfill this
requirement with respect to
SoundExchange’s separate notices of
intent to audit Sirius Satellite Radio Inc.
and XM Satellite Radio Inc. each filed
on February 13, 2009.
Dated: February 20, 2009.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. E9–3991 Filed 2–24–09; 8:45 am]
BILLING CODE 1410–72–P
NATIONAL SCIENCE FOUNDATION
National Science Board; Sunshine Act
Meetings; Notice (Revised 2/20/09)
The National Science Board, pursuant
to NSF regulations (45 CFR Part 614),
the National Science Foundation Act, as
amended (42 U.S.C. 1862n–5), and the
Government in the Sunshine Act (5
U.S.C. 552b), hereby gives notice in
regard to the scheduling of meetings for
the transaction of National Science
Board business and other matters
specified, as follows:
AGENCY HOLDING MEETING: National
Science Board.
DATE AND TIME: Monday, February 23,
2009, at 8 a.m.; and Tuesday, February
24, 2009 at 8 a.m.
PLACE: National Science Foundation
4201 Wilson Blvd. Room 1235
Arlington, VA 22230. All visitors must
report to the NSF visitor desk at the 9th
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Agencies
[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Pages 8584-8585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3946]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Notice of a Change in Status of an Extended Benefit (EB) Period
for Washington
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces a change in benefit period eligibility
under the EB Program for Washington.
The following change has occurred since the publication of the last
notice regarding the State's EB status:
Based on data reported by the Bureau of Labor Statistics
on January 27, 2009, Washington's 3-month seasonally adjusted total
unemployment rate was 6.6 percent and equals or exceeds 110 percent of
the corresponding rate in both prior years. This causes Washington to
be triggered ``on'' to an EB period beginning February 15, 2009.
Information for Claimants
The duration of benefits payable in the EB Program, and the terms
and conditions on which they are payable, are governed by the Federal-
State Extended Unemployment Compensation Act of 1970, as amended, and
the operating instructions issued to the states by the U.S. Department
of Labor. In the case of a state beginning an EB period, the State
Workforce Agency will furnish a written notice of potential entitlement
to each individual who has exhausted all rights to regular benefits and
is potentially eligible for EB (20 CFR 615.13(c)(1)).
Persons who believe they may be entitled to EB, or who wish to
inquire about their rights under the program, should contact their
State Workforce Agency.
FOR FURTHER INFORMATION CONTACT: Scott Gibbons, U.S. Department of
Labor, Employment and Training Administration, Office of Workforce
Security, 200 Constitution Avenue NW., Frances Perkins Bldg., Room S-
4231, Washington, DC 20210, telephone number (202) 693-3008 (this is
not a toll-free number) or by e-mail: gibbons.scott@dol.gov.
[[Page 8585]]
Signed in Washington, DC, this 13th day of February 2009.
Douglas F. Small,
Deputy Assistant Secretary, Employment and Training Administration.
[FR Doc. E9-3946 Filed 2-24-09; 8:45 am]
BILLING CODE 4510-FW-P