15604 Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Notices

facilities (and incidental goods) are

furnished on a comparable basis to the

general public.

Part IV—Definitions

For the purposes of this exemption:

(a) The term ‘‘in-house asset manager’’

or ‘‘INHAM’’ means an organization

which is—

(1) either (A) a direct or indirect

wholly-owned subsidiary of an

employer, or a direct or indirect whollyowned subsidiary of a parent

organization of such an employer, or (B)

a membership nonprofit corporation a

majority of whose members are officers

or directors of such an employer or

parent organization; and

(2) an investment adviser registered

under the Investment Advisers Act of

1940 that, as of the last day of its most

recent fiscal year, has under its

management and control total assets

attributable to plans maintained by

affiliates of the INHAM (as defined in

section IV(b)) in excess of $50 million;

Provided that plans maintained by

such affiliates of the INHAM have, as of

the last day of each plan’s reporting

year, aggregate assets of at least $250

million.

(b) For purposes of section IV(a), an

‘‘affiliate’’ of an INHAM means a

member of either (1) a controlled group

of corporations (as defined in section

414(b) of the Code) of which the INHAM

is a member, or (2) a group of trades or

businesses under common control (as

defined in section 414(c) of the Code) of

which the INHAM is a member;

provided that ‘‘50 percent’’ shall be

substituted for ‘‘80 percent’’ wherever

‘‘80 percent’’ appears in section 414(b)

or 414(c) or the rules thereunder.

(c) The term ‘‘party in interest’’ means

a person described in Act section 3(14)

and includes a ‘‘disqualified person’’ as

defined in Code section 4975(e)(2).

(d) An INHAM is ‘‘related’’ to a party

in interest for purposes of section I(f) of

this exemption if the party in interest

(or a person controlling, or controlled

by, the party in interest) owns a five

percent or more interest in the INHAM

or if the INHAM (or a person

controlling, or controlled by, the

INHAM) owns a five percent or more

interest in the party in interest. For

purposes of this definition:

(1) The term ‘‘interest’’ means with

respect to ownership of an entity—

A) The combined voting power of all

classes of stock entitled to vote or the

total value of the shares of all classes of

stock of the entity if the entity is a

corporation.

(B) The capital interest or the profits

interest of the entity if the entity is a

partnership, or

(C) The beneficial interest of the

entity if the entity is a trust or

unincorporated enterprise; and

(2) A person is considered to own an

interest held in any capacity if the

person has or shares the authority—

(A) To exercise any voting rights or to

direct some other person to exercise the

voting rights relating to such interest, or

(B) To dispose or to direct the

disposition of such interest.

(e) For purposes of this exemption,

the time as of which any transaction

occurs is the date upon which the

transaction is entered into. In addition,

in the case of a transaction that is

continuing, the transaction shall be

deemed to occur until it is terminated.

If any transaction is entered into on or

after [date of publication of final class

exemption], or any renewal that requires

the consent of the INHAM occurs on or

after [date of publication of final class

exemption], and the requirements of

this exemption are satisfied at the time

the transaction is entered into or

renewed, respectively, the requirements

will continue to be satisfied thereafter

with respect to the transaction. Nothing

in this paragraph shall be construed as

exempting a transaction entered into by

a plan which becomes a transaction

described in section 406 of the Act or

section 4975 of the Code while the

transaction is continuing, unless the

conditions of the exemption were met

either at the time the transaction was

entered into or at the time the

transaction would have become

prohibited but for this exemption.

(f) Fiduciary Audit. A ‘‘fiduciary

audit’’ of a plan must include, among

other things, the following:

(1) A determination as to whether the

plan has developed adequate policies

and procedures designed to assure

compliance with the proposed

exemption;

(2) A test of a representative sample

of the plan’s transactions to determine

operational compliance with the written

policies and procedures;

(3) A determination as to whether the

INHAM has satisfied the definition of an

INHAM under the proposal; and

(4) A written report describing the

steps performed by the auditor during

the course of its review and the

auditor’s findings and

recommendations.

Signed at Washington, DC, this 20th day of

March, 1995.

Alan D. Lebowitz,

Deputy Assistant Secretary for Program

Operations, Pension and Welfare Benefits

Administration, Department of Labor.

[FR Doc. 95–7364 Filed 3–23–95; 8:45 am]

BILLING CODE 4510–29–P

Employment Standards Administration

Wage and Hour Division; Minimum

Wages for Federal and Federally

Assisted Construction; General Wage

Determination Decisions

General wage determination decisions

of the Secretary of Labor are issued in

accordance with applicable law and are

based on the information obtained by

the Department of Labor from its study

of local wage conditions and data made

available from other sources. They

specify the basic hourly wage rates and

fringe benefits which are determined to

be prevailing for the described classes of

laborers and mechanics employed on

construction projects of a similar

character and in the localities specified

therein.

The determinations in these decisions

of prevailing rates and fringe benefits

have been made in accordance with 29

CFR part 1, by authority of the Secretary

of Labor pursuant to the provisions of

the Davis-Bacon Act of March 3, 1931,

as amended (46 Stat. 1494, as amended,

40 U.S.C. 276a) and of other Federal

statutes referred to in 29 CFR part 1,

Appendix, as well as such additional

statutes as may from time to time be

enacted containing provisions for the

payment of wages determined to be

prevailing by the Secretary of Labor in

accordance with the Davis-Bacon Act.

The prevailing rates and fringe benefits

determined in these decisions shall, in

accordance with the provisions of the

foregoing statutes, constitute the

minimum wages payable on Federal and

federally assisted construction projects

to laborers and mechanics of the

specified classes engaged on contract

work of the character and in the

localities described therein.

Good cause is hereby found for not

utilizing notice and public comment

procedure thereon prior to the issuance

of these determinations as prescribed in

5 U.S.C. 553 and not providing for delay

in the effective date as prescribed in that

section, because the necessity to issue

current construction industry wage

determinations frequently and in large

volume causes procedures to be

impractical and contrary to the public

interest.

General wage determination

decisions, and modifications and

supersedeas decisions thereto, contain

no expiration dates and are effective

from their date of notice in the Federal

Register, or on the date written notice

is received by the agency, whichever is

earlier. These decisions are to be used

in accordance with the provisions of 29

CFR parts 1 and 5. Accordingly, the

applicable decision, together with any
Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Notices 15605

modifications issued, must be made a

part of every contract for performance of

the described work within the

geographic area indicated as required by

an applicable Federal prevailing wage

law and 29 CFR part 5. The wage rates

and fringe benefits, notice of which is

published herein, and which are

contained in the Government Printing

Office (GPO) document entitled

‘‘General Wage Determinations Issued

Under The Davis-Bacon And Related

Acts,’’ shall be the minimum paid by

contractors and subcontractors to

laborers and mechanics.

Any person, organization, or

governmental agency having an interest

in the rates determined as prevailing is

encouraged to submit wage rate and

fringe benefit information for

consideration by the Department.

Further information and selfexplanatory forms for the purpose of

submitting this data may be obtained by

writing to the U.S. Department Labor,

Employment Standards Administration,

Wage and Hour Division of Wage

Determinations, 200 Constitution

Avenue, NW., Room S–3014,

Washington, DC 20210.

New General Wage Determination

Decisions

The number of the decisions added to

the Government Printing Office

document entitled ‘‘General Wage

Determinations Issued Under the DavisBacon and Related Acts’’ are listed by

Volume and State:

Volume V

Oklahoma

OK950037 (Mar. 24, 1995)

Modification to General Wage

Determination Decisions

The number of decisions listed in the

Government Printing Office document

entitled ‘‘General Wage Determinations

Issued Under the Davis-Bacon and

Related Acts’’’ being modified are listed

by Volume and State. Dates of

publication in the Federal Register are

in parentheses following the decisions

being modified.

Volume I

New Jersey

NJ950003 (Feb. 10, 1995)

NJ950004 (Feb. 10, 1995)

Massachusetts

MA950007 (Feb. 10, 1995)

Rhode Island

RI950002 (Feb. 10, 1995)

Volume II

None

Volume III

Florida

FL950002 (Feb. 10, 1995)

FL950014 (Feb. 10, 1995)

FL950017 (Feb. 10, 1995)

FL950069 (Feb. 10, 1995)

Georgia

GA950050 (Feb. 10, 1995)

Volume IV

Illinois

IL950001 (Feb. 10, 1995)

IL950002 (Feb. 10, 1995)

IL950015 (Feb. 10, 1995)

Michigan

MI950001 (Feb. 10, 1995)

MI950002 (Feb. 10, 1995)

MI950003 (Feb. 10, 1995)

MI950004 (Feb. 10, 1995)

MI950005 (Feb. 10, 1995)

MI950007 (Feb. 10, 1995)

MI950012 (Feb. 10, 1995)

MI950017 (Feb. 10, 1995)

MI950031 (Feb. 10, 1995)

MI950046 (Feb. 10, 1995)

MI950047 (Feb. 10, 1995)

Volume V

Kansas

KS950011 (Feb. 10, 1995)

KS950012 (Feb. 10, 1995)

KS950013 (Feb. 10, 1995)

KS950015 (Feb. 10, 1995)

KS950018 (Feb. 10, 1995)

KS950019 (Feb. 10, 1995)

KS950020 (Feb. 10, 1995)

KS950021 (Feb. 10, 1995)

KS950022 (Feb. 10, 1995)

KS950023 (Feb. 10, 1995)

KS950028 (Feb. 10, 1995)

Oklahoma

OK950013 (Feb. 10, 1995)

Texas

TX950034 (Feb. 10, 1995)

TX950063 (Feb. 10, 1995)

Volume VI

Alaska

AK950001 (Feb. 10, 1995)

Nevada

NV950002 (Feb. 10, 1995)

General Wage Determination

Publication

General wage determinations issued

under the Davis-Bacon and Related

Acts, including those noted above, may

be found in the Government Printing

Office (GPO) document entitled

‘‘General Wage Determinations Issued

Under The Davis-Bacon and Related

Acts’’. This publication is available at

each of the 50 Regional Government

Depository Libraries and many of the

1,400 Government Depository Libraries

across the country.

The general wage determinations

issued under the Davis-Bacon and

Related Acts are available electronically

by subscription to the FedWorld

Bulletin Board System of the National

Technical Information Service (MTIS) of

the U.S. Department of Commerce at

(703) 487–4630.

Hard-copy subscriptions may be

purchased from: Superintendent of

Documents, U.S. Government Printing

Office, Washington, D.C. 20402, (202)

512–1800.

When ordering hard-copy

subscription(s), be sure to specify the

State(s) of interest, since subscriptions

may be ordered for any or all of the six

separate volumes, arranged by State.

Subscriptions include an annual edition

(issued in January or February) which

includes all current general wage

determinations for the States covered by

each volume. Throughout the remainder

of the year, regular weekly updates will

be distributed to subscribers.

Signed at Washington, D.C. this 17th day

of March 1995.

Alan L. Moss,

Director, Division of Wage Determinations.

[FR Doc. 95–7080 Filed 3–23–95; 8:45 am]

BILLING CODE 4510–27–M

LIBRARY OF CONGRESS

Copyright Office

[Docket No. 95–3]

Registrability of Pictorial, Graphic, or

Sculptural Works Where a Design

Patent Has Been Issued

AGENCY: Copyright Office, Library of

Congress.

ACTION: Policy decision and amendment

of regulations.

SUMMARY: The Copyright Office of the

Library of Congress issues this policy

decision to clarify its practices and to

amend the regulations regarding the

registrability of claims to copyright in

pictorial, graphic, and sculptural works

for which a design patent has been

issued. Under the current regulations, a

copyright claim in a patented design, or

in a scientific or technical drawing in an

application of an issued patent is

refused registration under the so-called

‘‘election doctrine.’’ We believe there is

no longer any legal justification for the

continuation of this practice.

EFFECTIVE DATE: April 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Acting General

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

70400, Southwest Station, Washington,

D.C. 20024. Telephone: (202) 707–8380.

Telefax: (202) 707–8366.

SUPPLEMENTARY INFORMATION: Under the

current Copyright Act, copyright is

secured at the time of creation of the

work without the necessity of any

formalities, such as registration of an

eligible unpublished work or

publication with copyright notice,

required under the 1909 Act. A patent,

on the other hand, must be pursued

through the process of examination in