54872 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices 

5. The Investing Fund Advisor, or 

Trustee or Sponsor, as applicable, will 

waive fees otherwise payable to it by the 

Investing Fund in an amount at least 

equal to any compensation (including 

fees received pursuant to any plan 

adopted by a Fund under rule 12b–l 

under the Act) received from a Fund by 

the Investing Fund Advisor, or Trustee 

or Sponsor, or an affiliated person of the 

Investing Fund Advisor, or Trustee or 

Sponsor, other than any advisory fees 

paid to the Investing Fund Advisor, or 

Trustee or Sponsor, or its affiliated 

person by the Fund, in connection with 

the investment by the Investing Fund in 

the Fund. Any Investing Fund SubAdvisor will waive fees otherwise 

payable to the Investing Fund SubAdvisor, directly or indirectly, by the 

Investing Management Company in an 

amount at least equal to any 

compensation received from a Fund by 

the Investing Fund Sub-Advisor, or an 

affiliated person of the Investing Fund 

Sub-Advisor, other than any advisory 

fees paid to the Investing Fund SubAdvisor or its affiliated person by the 

Fund, in connection with the 

investment by the Investing 

Management Company in the Fund 

made at the direction of the Investing 

Fund Sub-Advisor. In the event that the 

Investing Fund Sub-Advisor waives 

fees, the benefit of the waiver will be 

passed through to the Investing 

Management Company. 

6. No Investing Fund or Investing 

Fund Affiliate (except to the extent it is 

acting in its capacity as an investment 

adviser to a Fund) will cause a Fund to 

purchase a security in an Affiliated 

Underwriting. 

7. The Board of a Fund, including a 

majority of the disinterested Board 

members, will adopt procedures 

reasonably designed to monitor any 

purchases of securities by the Fund in 

an Affiliated Underwriting, once an 

investment by an Investing Fund in the 

securities of the Fund exceeds the limit 

of section 12(d)(1)(A)(i) of the Act, 

including any purchases made directly 

from an Underwriting Affiliate. The 

Board will review these purchases 

periodically, but no less frequently than 

annually, to determine whether the 

purchases were influenced by the 

investment by the Investing Fund in the 

Fund. The Board will consider, among 

other things: (i) Whether the purchases 

were consistent with the investment 

objectives and policies of the Fund; (ii) 

how the performance of securities 

purchased in an Affiliated Underwriting 

compares to the performance of 

comparable securities purchased during 

a comparable period of time in 

underwritings other than Affiliated 

Underwritings or to a benchmark such 

as a comparable market index; and (iii) 

whether the amount of securities 

purchased by the Fund in Affiliated 

Underwritings and the amount 

purchased directly from an 

Underwriting Affiliate have changed 

significantly from prior years. The 

Board will take any appropriate actions 

based on its review, including, if 

appropriate, the institution of 

procedures designed to assure that 

purchases of securities in Affiliated 

Underwritings are in the best interest of 

shareholders. 

8. Each Fund will maintain and 

preserve permanently in an easily 

accessible place a written copy of the 

procedures described in the preceding 

condition, and any modifications to 

such procedures, and will maintain and 

preserve for a period of not less than six 

years from the end of the fiscal year in 

which any purchase in an Affiliated 

Underwriting occurred, the first two 

years in an easily accessible place, a 

written record of each purchase of 

securities in Affiliated Underwritings 

once an investment by an Investing 

Fund in the securities of the Fund 

exceeds the limit of section 

12(d)(1)(A)(i) of the Act, setting forth 

from whom the securities were 

acquired, the identity of the 

underwriting syndicate’s members, the 

terms of the purchase, and the 

information or materials upon which 

the Board’s determinations were made. 

9. Before investing in a Fund in 

excess of the limits in section 

12(d)(1)(A), an Investing Fund will 

execute a FOF Participation Agreement 

with the Fund stating that their 

respective boards of directors or trustees 

and their investment advisors, or 

Trustee and Sponsor, as applicable, 

understand the terms and conditions of 

the order, and agree to fulfill their 

responsibilities under the order. At the 

time of its investment in shares of a 

Fund in excess of the limit in section 

12(d)(1)(A)(i), an Investing Fund will 

notify the Fund of the investment. At 

such time, the Investing Fund will also 

transmit to the Fund a list of the names 

of each Investing Fund Affiliate and 

Underwriting Affiliate. The Investing 

Fund will notify the Fund of any 

changes to the list as soon as reasonably 

practicable after a change occurs. The 

Fund and the Investing Fund will 

maintain and preserve a copy of the 

order, the FOF Participation Agreement, 

and the list with any updated 

information for the duration of the 

investment and for a period of not less 

than six years thereafter, the first two 

years in an easily accessible place. 

10. Before approving any advisory 

contract under section 15 of the Act, the 

board of directors or trustees of each 

Investing Management Company, 

including a majority of the disinterested 

directors or trustees, will find that the 

advisory fees charged under such 

contract are based on services provided 

that will be in addition to, rather than 

duplicative of, the services provided 

under the advisory contract(s) of any 

Fund in which the Investing 

Management Company may invest. 

These findings and their basis will be 

recorded fully in the minute books of 

the appropriate Investing Management 

Company. 

11. Any sales charges and/or service 

fees charged with respect to shares of an 

Investing Fund will not exceed the 

limits applicable to a fund of funds as 

set forth in Rule 2830. 

12. No Fund relying on this section 

12(d)(1) relief will acquire securities of 

any investment company or company 

relying on section 3(c)(1) or 3(c)(7) of 

the Act in excess of the limits contained 

in section 12(d)(1)(A) of the Act, except 

to the extent permitted by exemptive 

relief from the Commission permitting 

the Fund to purchase shares of other 

investment companies for short-term 

cash management purposes. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–25560 Filed 10–22–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

Sun Sports and Entertainment, Inc.; 

Order of Suspension of Trading 

October 21, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Sun Sports 

and Entertainment, Inc. (‘‘Sun Sports’’) 

because of questions regarding the 

accuracy of statements by Sun Sports in 

press releases and statements to 

investors concerning, among other 

things, the company’s business 

prospects and financial viability. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of Sun Sports. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 


CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices 54873 

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

2Each OFA must be accompanied by the filing 

fee, which currently is set at $1,500. See 49 CFR 

1002.2(f)(25). 

securities of the above-listed company is 

suspended for the period from 9:30 a.m. 

EDT October 21, 2009 through 11:59 

p.m. EST, on November 3, 2009. 

By the Commission. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–25639 Filed 10–21–09; 11:15 

am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6792] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘The 

Dead Sea Scrolls: Ancient Artifacts, 

Timeless Treasures’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the objects to be 

included in the exhibition ‘‘The Dead 

Sea Scrolls: Ancient Artifacts, Timeless 

Treasures,’’ imported from abroad for 

temporary exhibition within the United 

States, are of cultural significance. The 

objects are imported pursuant to loan 

agreements with the foreign owners or 

custodians. I also determine that the 

exhibition or display of the exhibit 

objects at the Milwaukee Public 

Museum, Milwaukee, WI, from on or 

about January 21, 2010, until on or 

about May 6, 2010, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Carol B. 

Epstein, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202/632–6473). The address 

is U.S. Department of State, SA–5, L/PD, 

Fifth Floor, Washington, DC 20522– 

0505. 

October 19, 2009. 

Maura M. Pally, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. E9–25563 Filed 10–22–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 6791] 

Determination and Certification Under 

Section 7046(d) of the Department of 

State, Foreign Operations, and Related 

Programs Appropriations Act, 2008 

Pursuant to the authority vested in me 

as Secretary of State, including under 

section 7046(d)(1) of the Department of 

State, Foreign Operations, and Related 

Programs Appropriations Act, 2009 

(Div. H, Pub. L. 111–8), I hereby 

determine and certify that the 

Government of Colombia is meeting the 

conditions described in Section 

7046(d)(2) of the FY 2009 SFOAA, and 

that I have consulted with Congress as 

consistent with the latter. 

This Determination shall be published 

in the Federal Register and copies shall 

be transmitted to the appropriate 

committees of Congress. 

Dated: October 16, 2009. 

Hillary Rodham Clinton, 

Secretary of State, Department of State. 

[FR Doc. E9–25562 Filed 10–22–09; 8:45 am] 

BILLING CODE 4710–29–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–551 (Sub-No. 1X)] 

Knox and Kane Railroad Company— 

Abandonment Exemption—in Clarion, 

Forest, Elk and McKean Counties, PA 

Knox and Kane Railroad Company 

(Knox and Kane), has filed a verified 

notice of exemption under 49 CFR 1152 

Subpart F—Exempt Abandonments to 

abandon its entire line of railroad 

between milepost 95.3 at North Clarion 

Junction, PA, and milepost 165.2 at Mt. 

Jewett, PA, a distance of 69.9 miles, in 

Clarion, Forest, Elk and McKean 

Counties, PA. The line includes no 

stations and traverses United States 

Postal Service Zip Codes 16254, 16235, 

16233, 16260, 16239, 16347, 16735, 

16734, and 16740. 

Knox and Kane has certified that: (1) 

No local traffic has moved over the line 

for at least 2 years; (2) there is no 

overhead traffic on the line; (3) no 

formal complaint filed by a user of rail 

service on the line (or by a state or local 

government entity acting on behalf of 

such user) regarding cessation of service 

over the line either is pending with the 

Surface Transportation Board or with 

any U.S. District Court or has been 

decided in favor of complainant within 

the 2-year period; and (4) the 

requirements at 49 CFR 1105.7 

(environmental report), 49 CFR 1105.8 

(historic report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

The Board generally does not impose 

labor protective conditions on a 

railroad, such as Knox and Kane here, 

that is abandoning its entire line. See, 

Northampton and Bath R. Co.— 

Abandonment, 354 I.C.C. 784 (1978). 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on 

November 24, 2009, unless stayed 

pending reconsideration. Petitions to 

stay that do not involve environmental 

issues,1 formal expressions of intent to 

file an OFA under 49 CFR 

1152.27(c)(2),2 and trail use/rail banking 

requests under 49 CFR 1152.29 must be 

filed by November 2, 2009. Petitions to 

reopen or requests for public use 

conditions under 49 CFR 1152.28 must 

be filed by November 12, 2009, with the 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. 

A copy of any petition filed with the 

Board should be sent to Knox and 

Kane’s representative: Andrew P. 

Goldstein, 2175 K Street, NW., Suite 

600, Washington, DC 20037. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

Knox and Kane has filed both an 

environmental report and a historic 

report that address the effects, if any, of 

the abandonment on the environment 

and historic resources. SEA will issue 

an environmental assessment (EA) by 

October 30, 2009. Interested persons 

may obtain a copy of the EA by writing 

to SEA (Room 1100, Surface 


CPrice-Sewell on DSKGBLS3C1PROD with NOTICES