Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Notices 20373 

ADDRESSES: A copy of this ICR, with 

applicable supporting documentation; 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained from the RegInfo.gov 

Web site, http://www.reginfo.gov/

public/do/PRAMain, on the day 

following publication of this notice or 

by contacting Michel Smyth by 

telephone at 202–693–4129 (this is not 

a toll-free number) or sending an e-mail 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for the Department of Labor 

Employee Benefits Security 

Administration (EBSA), Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, Telephone: 

202–395–6929/Fax: 202–395–6881 

(these are not toll-free numbers), e-mail: 

OIRA_submission@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Contact Michel Smyth by telephone at 

202–693–4129 (this is not a toll-free 

number) or by e-mail at 

DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: Prohibited 

Transaction Exemption 98–54 permits 

certain foreign exchange transactions 

between employee benefit plans and 

certain banks and broker-dealers that are 

parties in interest with respect to such 

plans. In order that such transactions 

will be consistent with the requirements 

of Employee Retirement Income 

Security Act section 408(a), 29 U.S.C. 

110/(a), the exemption imposes the 

following conditions at the time the 

foreign exchange transaction is entered 

into: (a) The terms of the transaction 

must not be less favorable that those 

available in comparable arm’s-length 

transactions between unrelated parties 

or those afforded by the bank or the 

broker-dealer in comparable arm’slength transactions involving unrelated 

parties; (b) neither the bank nor the 

broker-dealer has any discretionary 

authority with respect to the investment 

of the assets involved in the transaction; 

(c) the bank or broker-dealer maintains 

at all times written policies and 

procedures regarding the handling of 

foreign exchange transactions for plans 

for which it is a party in interest which 

ensure that the party acting for the bank 

or the broker-dealer knows it is dealing 

with a plan; (d) the transactions are 

performed in accordance with a written 

authorization executed in advance by an 

independent fiduciary of the plan 

whose assets are involved in the 

transaction and who is independent of 

the bank or broker-dealer engaging in 

the covered transaction; (e) transactions 

are executed within one business day of 

receipt of funds; (f) the bank or the 

broker-dealer at least once a day at a 

time specified in written procedures 

establishes a rate or range of rates of 

exchange to be used for the transactions 

covered by this exemption, and executes 

transactions at either the next scheduled 

time or no later than 24 hours after 

receipt of notice of receipt of funds; 

(g) prior to execution of a transaction, 

the bank or the broker-dealer provides 

the authorizing fiduciary with a copy of 

its written policies and procedures for 

foreign exchange transactions involving 

income item conversions and de 

minimis purchase and sale transactions; 

(h) the bank or the broker-dealer 

furnishes the authorizing fiduciary a 

written confirmation statement with 

respect to each covered transaction 

within 5 days of execution; (i) the bank 

or the broker-dealer maintains records 

necessary for plan fiduciaries, 

participants, and the DOL and Internal 

Revenue Service to determine whether 

the conditions of the exemption have 

been met for a period of six years from 

the date of execution of a transaction. 

See 63 FR 63503. 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by the OMB under the PRA 

and displays a currently valid OMB 

Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information if the 

collection of information does not 

display a valid OMB control number. 

See 5 CFR 1320.5(a) and 1320.6. The 

DOL obtains OMB approval for this 

information collection under OMB 

Control Number 1210–0111. The current 

OMB approval is scheduled to expire on 

April 30, 2011; however, it should be 

noted that information collections 

submitted to the OMB receive a monthto-month extension while they undergo 

review. For additional information, see 

the related notice published in the 

Federal Register on November 10, 2010 

(75 FR 69130). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within 30 days of publication of 

this notice in the Federal Register. In 

order to ensure appropriate 

consideration, comments should 

reference OMB Control Number 1210– 

0111. The OMB is particularly 

interested in comments that: 

• 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 

agency’s 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. 

Agency: Employee Benefits Security 

Administration (EBSA). 

Title of Collection: Prohibited 

Transaction Exemption 98–54 Relating 

to Certain Employee Benefit Plan 

Foreign Exchange Transactions 

Executed Pursuant to Standing 

Instructions. 

OMB Control Number: 1210–0111. 

Affected Public: Private sector— 

Businesses or other for profits. 

Total Estimated Number of 

Respondents: 35. 

Total Estimated Number of 

Responses: 420,000. 

Total Estimated Annual Burden 

Hours: 4200. 

Total Estimated Annual Costs Burden: 

$0. 

Dated: April 5, 2011. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2011–8618 Filed 4–11–11; 8:45 am] 

BILLING CODE 4510–29–P 

LIBRARY OF CONGRESS 

Copyright Office 

[Docket No. RM 2010–10] 

Section 302 Report 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of inquiry: Extension of 

comments and reply comments period. 

SUMMARY: In Section 302 of the Satellite 

Television Extension and Localism Act 

(‘‘STELA’’), Congress directed the 

Copyright Office (‘‘Office’’) to prepare a 

report addressing possible mechanisms, 

methods, and recommendations for 

phasing out the statutory licensing 


srobinson on DSKHWCL6B1PROD with NOTICES
20374 Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Notices 

1 Innovation in the Broadcast Television Bands: 

Allocations, Channel Sharing and Improvements to 

VHF, Notice of Proposed Rulemaking, ET Docket 

No. 10–235, 25 FCC Rcd 16498 (rel. Nov. 30, 2010) 

(reply comment are due April 18, 2011). 

2The 2011 NAB Show begins on Saturday, April 

9 and ends on Thursday, April 14. See 2011 NAB 

Show Web Site, available at: http:// 

www.nabshow.com/2011/default.asp. 

requirements set forth in Sections 111, 

119, and 122 of the Copyright Act. The 

Office published a Notice of Inquiry 

(‘‘NOI’’) in the Federal Register on 

March 3, 2011, seeking comment on 

issues related to Section 302. (76 FR 

11816). This notice is extending the 

time in which comments and reply 

comments can be filed in this 

proceeding. 

DATES: Comments originally due on 

April 18, 2011, are now due no later 

than April 25, 2011. Reply comments 

originally due on May 18, 2011, are now 

due no later than May 25, 2011. 

ADDRESSES: All comments and reply 

comments shall be submitted 

electronically. A comment page 

containing a comment form is posted on 

the Copyright Office Web site at 

http://www.copyright.gov/docs/ 

section302. The Web site interface 

requires submitters to complete a form 

specifying name and organization, as 

applicable, and to upload comments as 

an attachment via a browser button. To 

meet accessibility standards, all 

comments must be uploaded in a single 

file in either the Adobe Portable 

Document File (PDF) format that 

contains searchable, accessible text (not 

an image); Microsoft Word; 

WordPerfect; Rich Text Format (RTF); or 

ASCII text file format (not a scanned 

document). The maximum file size is 6 

megabytes (MB). The name of the 

submitter and organization should 

appear on both the form and the face of 

the comments. All comments will be 

posted publicly on the Copyright Office 

Web site exactly as they are received, 

along with names and organizations. If 

electronic submission of comments is 

not feasible, please contact the 

Copyright Office at (202) 707–0796 for 

special instructions. 

FOR FURTHER INFORMATION CONTACT: Ben 

Golant, Assistant General Counsel, and 

Tanya M. Sandros, Deputy General 

Counsel, Copyright GC/I&R, P.O. Box 

70400, Southwest Station, Washington, 

DC 20024. Telephone: (202) 707–8380. 

Telefax: (202) 707–8366 or by electronic 

mail at bgol@loc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 27, 2010, the President 

signed the Satellite Television 

Extension and Localism Act of 2010. 

See Public Law 111–175, 124 Stat. 1218 

(2010). The legislation extended the 

term of the Section 119 license for 

another five years, updated the statutory 

license structures to account for changes 

resulting from the nationwide transition 

to digital television, and revised the 

Section 111 and Section 122 licenses in 

several other respects. In addition, 

STELA instructed the Copyright Office, 

the Government Accountability Office 

(‘‘GAO’’) and the FCC to conduct studies 

and report findings to Congress on 

different structural and regulatory 

aspects of the broadcast signal carriage 

marketplace in the United States. 

Section 302 of STELA, entitled ‘‘Report 

on Market Based Alternatives to 

Statutory Licensing,’’ charges the 

Copyright Office with the following: 

Not later than 18 months after the date of 

the enactment of this Act, and after 

consultation with the Federal 

Communications Commission, the Register of 

Copyrights shall submit to the appropriate 

Congressional committees a report 

containing: 

(1) Proposed mechanisms, methods, and 

recommendations on how to implement a 

phase-out of the statutory licensing 

requirements set forth in sections 111, 119, 

and 122 of title 17, United States Code, by 

making such sections inapplicable to the 

secondary transmission of a performance or 

display of a work embodied in a primary 

transmission of a broadcast station that is 

authorized to license the same secondary 

transmission directly with respect to all of 

the performances and displays embodied in 

such primary transmission; 

(2) any recommendations for alternative 

means to implement a timely and effective 

phase-out of the statutory licensing 

requirements set forth in sections 111, 119, 

and 122 of title 17, United States Code; and 

(3) any recommendations for legislative or 

administrative actions as may be appropriate 

to achieve such a phase-out. 

In response to these directives, the Office 

published a Notice of Inquiry (‘‘NOI’’) in the 

Federal Register seeking comments and 

information from the public on several issues 

that are central to the scope and operation of 

Section 302 and critical to the Office’s 

analysis of the legal and business landscapes. 

79 FR 11816 (March 3, 2011). 

II. Notice of Extension of Time 

On April 6, 2011, the Copyright Office 

received a Motion for an Extension of 

Time to file comments and reply 

comments in this proceeding from the 

National Association of Broadcasters 

(‘‘NAB’’). It requests that the Copyright 

Office grant a seven-day extension of the 

deadlines for all interested parties to 

submit comments and reply comments 

in response to the Notice of Inquiry. 

Noting that comments are currently due 

on April 18, 2011 and reply comments 

are due on May 18, 2011, NAB 

respectfully requests an extension of 

these deadlines until April 25, 2011 and 

May 25, 2011, respectively. 

NAB asserts that approval of its 

motion will enable it and many other 

concerned parties to help develop a 

more robust record in response to the 

NOI, while still permitting them to 

actively participate in a significant FCC 

proceeding with coinciding timelines.1

It also notes that the current deadline 

immediately follows the 2011 NAB 

Show in Las Vegas, NV, which many 

concerned parties—including 

broadcasters, and their counsel—will be 

attending.2 It adds that parties 

interested in responding to the Notice 

who also are involved in the NAB Show 

would lose a significant amount of 

preparation time and would have only 

two business days after the Show ends 

to finalize and file their Comments. 

NAB concludes that the requested 

extension will allow the Copyright 

Office to collect and consider a more 

complete legal and factual record and 

will therefore serve the public interest. 

The Office finds that NAB has 

demonstrated good cause for an 

extension for filing of comments and 

reply comments and is granting its 

request. The Office and all interested 

parties will benefit from a thoughtful, 

thorough, and complete record in this 

proceeding. Accordingly, comments are 

now due on April 25, 2011, one week 

from the original date of April 18, 2011. 

In the event of a government wide 

shutdown, comments will be due the 

next business day after the Library 

reopens pursuant to 17 U.S.C. 703. 

Reply comments will be due on May 25, 

2011, one week from the original date of 

May 18, 2011. 

III. Conclusion 

The Office hereby extends time for 

comments and reply comments from the 

public on the factual and policy matters 

related to the study mandated by 

Section 302 of the Satellite Television 

Extension and Localism Act of 2010. 

The new filing date for comments is 

April 25, 2011. The new filing date for 

reply comments is May 25, 2011. 

Dated: April 7, 2011. 

Maria A. Pallante, 

Acting Register of Copyrights. 

[FR Doc. 2011–8730 Filed 4–11–11; 8:45 am] 

BILLING CODE 4110–30–P 


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