16852 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices 

1On February 13, 2009, SoundExchange filed 

with the Judges separate notices of intent to audio 

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 

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. 

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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices 16853 

Sirius and XM for the years 2007 and 2008. See 74 

FR 8585 (February 25, 2009). 

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. 

SUMMARY: 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: http:// 

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) 

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. 

Dated: March 25, 2010. 

John F. Hackett, 

Director, Information Management. 

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. 

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 

http://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 

mstockstill on DSKH9S0YB1PROD with NOTICES