Notice of Intent To Audit, 16852-16853 [2010-7444]
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mstockstill on DSKH9S0YB1PROD with NOTICES
16852
Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices
reviewed the terms and conditions of
the Sale and of the Top-Up Payments
and determined that both were
protective of the interests of the Plans;
(b) The Independent Fiduciary
determined that the terms and
conditions of both the Sale and the TopUp Payments were at least as favorable
to the Plans as those that would have
been obtained in an arm’s length
transaction between unrelated parties;
(c) The terms and conditions of both the
Sale and of the Top-Up Payments were
at least as favorable to the Plans as those
that would have been obtained in an
arm’s length transaction between
unrelated parties; and (d) The
Independent Fiduciary provided its
opinion in written reports on behalf of
the Plans as to the fairness and
reasonableness of the Sale of the Plans’
interests in the Funds to the Applicant,
and determined that the terms of the
original Sale and subsequent Top-Up
Payments were especially beneficial to
each of the Plans because: (i) On
February 20, 2009, the Plans received a
return of their aggregate cost basis of
their interests in the Funds (which cost
basis was determined by the
Independent Fiduciary to exceed the
aggregate fair market value of the Plans’
interests in the Funds as of October 31,
2008), plus interest accrued on the
Funds from their date of acquisition by
each Plan through the date of the Sale;
and (ii) On September 14, 2009, the
Independent Fiduciary determined that,
in instances where the fair market value
of any Fund on December 31, 2008
exceeded its original cost basis, each of
the Plans received a Top-Up Payment
on September 14, 2009 comprised of the
increased value of such Fund, plus
interest accrued on such increased value
from December 31, 2008 to the date of
the Top-Up Payments (September 14,
2009).
Notice to Interested Persons: Notice of
the proposed exemption shall be given
to all interested persons in the manner
agreed upon by the Applicant and the
Department within 15 days of the date
of publication in the Federal Register.
Comments and requests for a hearing are
due forty-five (45) days after publication
of the notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Mr.
Mark Judge of the Department at (202)
693–8550. (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
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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 are the subject of the
exemption.
Signed at Washington, DC, this 30th day of
March 2010.
Ivan Strasfeld,
Director of Exemption Determinations,
Employee Benefits Security Administration,
U.S. Department of Labor.
[FR Doc. 2010–7447 Filed 4–1–10; 8:45 am]
BILLING CODE 4510–29–P
LIBRARY OF CONGRESS
Copyright Royalty Board
Notice of Intent To Audit
AGENCY: Copyright Royalty Board,
Library of Congress.
ACTION: Public notice.
PO 00000
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Sfmt 4703
SUMMARY: The Copyright Royalty Judges
are announcing receipt of notices of
intent to audit the 2009 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 by email 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, affirmed
in part, remanded in part,
SoundExchange v. Librarian of
Congress, 571 F.3d 1220 (DC Cir. 2009).
As part 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 March 23, 2010, pursuant to 37
CFR 382.15(c), SoundExchange filed
with the Judges separate notices of
intent to audit Sirius Satellite Radio Inc.
(‘‘Sirius’’) and XM Satellite Radio Inc.
(‘‘XM’’) for the year 2009.1 Section
1 On February 13, 2009, SoundExchange filed
with the Judges separate notices of intent to audio
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Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices
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
March 23, 2010.
Dated: March 30, 2010.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2010–7444 Filed 4–1–10; 8:45 am]
BILLING CODE 1410–72–P
OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE
Office of the Director of National
Intelligence; Privacy Act of 1974;
System of Records
AGENCY: Office of the Director of
National Intelligence.
ACTION: Notice to establish systems of
records.
Dated: March 25, 2010.
John F. Hackett,
Director, Information Management.
The Office of the Director of
National Intelligence (ODNI) provides
notice that it is establishing fourteen
(14) new systems of records subject to
the Privacy Act of 1974, as amended, 5
U.S.C. 552a. These systems of records
are maintained by the ODNI.
DATES: This action will be effective on
May 12, 2010, unless comments are
received that result in a contrary
determination.
ADDRESSES: You may submit comments,
identified by RIN number, by any of the
following methods:
Federal eRulemaking Portal: https://
www.regulations.gov.
Mail: Director, Information
Management, Office of the Director of
National Intelligence, Washington, DC
20511.
FOR FURTHER INFORMATION CONTACT: Mr.
John F. Hackett, Director, Information
Management, 703–275–2215.
SUPPLEMENTARY INFORMATION: The ODNI
was created by the Intelligence Reform
and Terrorism Prevention Act of 2004
(IRTPA), Public Law 108–458, 118 Stat.
3638 (Dec. 17, 2004). ODNI published
its final Privacy Act Regulation on
March 28, 2008 (73 FR 16531) and
twelve Privacy Act systems of records
notices on December 28, 2007 (72 FR
73887). ODNI now adds fourteen (14)
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
Sirius and XM for the years 2007 and 2008. See 74
FR 8585 (February 25, 2009).
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additional systems of records to its
inventory of record systems subject to
the Privacy Act of 1974 (5 U.S.C. 552a).
These systems of records are subject to
routine uses established by final rule
dated March 28, 2008 (73 FR 16531,
16541). To protect classified and
sensitive personnel or law enforcement
information contained in these systems,
the Office of the Director of National
Intelligence is proposing to exempt
these systems of records from certain
portions of the Privacy Act where
necessary, as permitted by law. As
required by the Privacy Act, a proposed
rule is being published concurrently
with this notice to seek public comment
on exemption of these systems. The
ODNI has previously established a rule
that it will preserve the exempt status of
records it receives when the reason for
the exemption remains valid (73 FR
16537). In accordance with 5 U.S.C.
552a (r), the ODNI has provided a report
of these new systems of records to the
Office of Management and Budget and
to Congress.
SYSTEM NAME:
Manuscript, Presentation, and
Resume Review Records (ODNI–01).
SECURITY CLASSIFICATION:
The classification of records in this
system can range from UNCLASSIFIED
to TOP SECRET.
SYSTEM LOCATION:
Office of the Director of National
Intelligence, Washington, DC 20511.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former employees of the
Office of the Director of National
Intelligence (ODNI), including assignees
and detailees to the ODNI, contractors,
individuals hired under the
Intergovernmental Personnel Act, and
other individuals who have had access
to ODNI information or facilities and
who are subject to prepublication
review of writings or presentations
pursuant to non-disclosure agreements.
CATEGORIES OF RECORDS IN THE SYSTEM:
Manuscripts and other writings
(including those supporting oral
presentations), resumes, videos, internet
postings, and other works or products
relating to the activities of the ODNI;
records consulted in conducting prepublication review; records generated in
documenting pre-publication review
decisions.
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16853
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The National Security Act of 1947, as
amended, 50 U.S.C. 401–442; The
Federal Records Act of 1950, as
amended, 44 U.S.C. 3101 et seq.;
Executive Order 12333, as amended (73
FR 45325); Executive Order 12958, as
amended (68 FR 15315); Executive
Order 9397, as amended (73 FR 70239);
and 32 CFR 1701 et seq. (73 FR 16531,
16541).
PURPOSE(S):
ODNI reviews writings intended for
publication to ensure that potentially
classified material or information that
requires protection from public
disclosure is not compromised.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
See General Routine Uses Applicable
to More than One ODNI Privacy Act
System of Records, Subpart C of ODNI’s
Privacy Act Regulation published at 32
CFR part 1701 (73 FR 16531, 16541) and
incorporated by reference (see also
https://www.dni.gov). In addition, a
record from this system of records
maintained by ODNI may be disclosed
as a routine use to Federal agencies
involved in a classification review of
ODNI records.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are stored in secured
areas within the control of the ODNI.
Electronic records are stored in secure
file-servers located within secure
facilities under control of the ODNI.
RETRIEVABILITY:
By name and case number.
Information may be retrieved from this
system of records by automated or hand
search based on indices and automated
capabilities utilized in the normal
course of business. All searches of this
system of records will be performed in
ODNI offices by authorized staff.
SAFEGUARDS:
Information in this system is
safeguarded in accordance with
recommended and/or prescribed
administrative, physical, and technical
safeguards. Records are maintained in a
secure government or contractor facility
with access to the facility limited to
authorized personnel only and
authorized and escorted visitors.
Physical security protections include
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]]>Agencies
[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16852-16853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7444]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
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 2009 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 by
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,
affirmed in part, remanded in part, SoundExchange v. Librarian of
Congress, 571 F.3d 1220 (DC Cir. 2009). As part 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 March 23, 2010, pursuant to 37 CFR 382.15(c), SoundExchange
filed with the Judges separate notices of intent to audit Sirius
Satellite Radio Inc. (``Sirius'') and XM Satellite Radio Inc. (``XM'')
for the year 2009.\1\ Section
[[Page 16853]]
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.
---------------------------------------------------------------------------
\1\ On February 13, 2009, SoundExchange filed with the Judges
separate notices of intent to audio Sirius and XM for the years 2007
and 2008. See 74 FR 8585 (February 25, 2009).
---------------------------------------------------------------------------
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 March 23, 2010.
Dated: March 30, 2010.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2010-7444 Filed 4-1-10; 8:45 am]
BILLING CODE 1410-72-P
