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Federal Register / Vol. 68, No.

55 / Friday, March 21, 2003 / Notices 13965

(a) The sale is a one-time cash Property. Mr. Elarmo has determined operate for the exclusive benefit of the
transaction; that the fair market value of the Property employees of the employer maintaining
(b) The Plan receives the greater of is $290,000. the plan and their beneficiaries;
either: (i) $290,000; or (ii) the fair 4. The applicant now proposes that (2) Before an exemption may be
market value for the Property the sale of the Property would provide granted under section 408(a) of the Act
established at the time of the sale by an liquidity to the Plan. Plan assets would and/or section 4975(c)(2) of the Code,
independent, qualified appraiser; and then not be locked into a piece of land the Department must find that the
(c) The Plan pays no commissions or that has little foreseeable use. The Plan exemption is administratively feasible,
other expenses associated with the sale. will pay no commissions or other in the interests of the plan and of its
(B) Summary of Facts and expenses associated with the sale. The participants and beneficiaries, and
applicant will pay the Plan in cash, the protective of the rights of participants
Representations
greater of either:(a) $290,000; or (b) the and beneficiaries of the plan;
1. The Plan is a discretionary profit fair market value of the Property, as (3) The proposed exemptions, if
sharing plan. The Plan’s current trustee established by a qualified, independent granted, will be supplemental to, and
is Mr. Gorman. The Plan sponsor is a appraiser at the time of the transaction. not in derogation of, any other
single practitioner law firm, with one 5. In summary, the applicant provisions of the Act and/or the Code,
secretary as an employee. The Plan has represents that the transaction will including statutory or administrative
2 participants. As of July 8, 2002, the satisfy the statutory criteria of section exemptions and transitional rules.
Plan had approximately $408,567.64 in 408(a) of the Act and section 4975(c)(2) Furthermore, the fact that a transaction
total assets. of the Code because: (a) The proposed is subject to an administrative or
2. On August 20, 1996, the Plan sale will be a one-time cash transaction; statutory exemption is not dispositive of
purchased the Property from Bruce (b) the Plan will receive the greater of whether the transaction is in fact a
Munro and Shirley G. Mackintosh, either: (i) $290,000; or (ii) the current prohibited transaction; and
unrelated third parties, for $143,000. fair market value for the Property, as (4) The proposed exemptions, if
Mr. Gorman propose to pay the fair established at the time of the sale by an granted, will be subject to the express
market value of the Property, which independent, qualified appraiser; (c) the condition that the material facts and
would be paid in full in cash at a closing Plan will pay no fees, commissions or representations contained in each
to be held subsequent to the granting of other expenses associated with the sale; application are true and complete, and
the proposed exemption. and (d) the sale will enable the Plan to that each application accurately
The applicant states that the Property divest itself of a non-income producing describes all material terms of the
has not been an income-producing asset asset and acquire investments which transaction which is the subject of the
and has been held for possible may yield higher returns. exemption.
appreciation. The Plan has paid for Notice to Interested Persons: Notice of
taxes, insurance and maintenance on Signed at Washington, DC this 18th day of
the proposed exemption shall be given
the Property since the acquisition (the March, 2003.
to all interested persons in the manner
Holding Costs). Specifically, the Plan Ivan Strasfeld,
agreed upon by the applicant and
has paid the following Holding Costs Department within 15 days of the date Director of Exemption Determinations,
since its acquisition of the Property: (i) Employee Benefits Security Administration,
of publication in the Federal Register.
Real estate taxes, $9,600; (ii) Insurance, Department of Labor.
Comments and requests for a hearing are
$1,500; (iii) Maintenance fees, $3,000. [FR Doc. 03–6851 Filed 3–20–03; 8:45 am]
due forty-five (45) days after publication
The applicant states that the Holding of the notice in the Federal Register. BILLING CODE 4510–29–P
Costs for the Property have been For Further Information Contact:
approximately $14,100. Therefore, the Khalif I. Ford of the Department at (202)
total cost for the Property (i.e., the 693–8540. (This is not a toll-free DEPARTMENT OF LABOR
acquisition price of $143,000, plus the number.) Employment Standards Administration
Holding Costs of approximately Wage and Hour Division
General Information
$14,100) is approximately $157,100 as
of July 2002. The attention of interested persons is Minimum Wages for Federal and
3. The Property is an unimproved 909 directed to the following: Federally Assisted Construction;
square foot parcel of land located at 19 (1) The fact that a transaction is the
General Wage Determination Decisions
Yankee Point Drive, Carmel, California. subject of an exemption under section
The Property was appraised on April 15, 408(a) of the Act and/or section General wage determination decisions
2002. The appraisal was prepared by 4975(c)(2) of the Code does not relieve of the Secretary of Labor are issued in
Raymond A. Elarmo (Mr. Elarmo), who a fiduciary or other party in interest or accordance with applicable law and are
is an independent, licensed real estate disqualified person from certain other based on the information obtained by
appraiser in the state of California. provisions of the Act and/or the Code, the Department of Labor from its study
Mr. Elarmo represents that although including any prohibited transaction of local wage conditions and data made
the Property is adjacent to the home of provisions to which the exemption does available from other sources. They
Mr. Gorman, the Property may or may not apply and the general fiduciary specify the basic hourly wage rates and
not increase the value of Mr. Gorman’s responsibility provisions of section 404 fringe benefits which are determined to
home due to concerns regarding water of the Act, which, among other things, be prevailing for the described classes of
availability for the Property. require a fiduciary to discharge his laborers and mechanics employed on
Mr. Elarmo states that consideration duties respecting the plan solely in the construction projects of a similar
was given in the appraisal to three interest of the participants and character and in the localities specified
approaches to value, i.e., the cost beneficiaries of the plan and in a herein.
approach, sales comparison approach, prudent fashion in accordance with The determinations in these decisions
and income approach. Mr. Elarmo relied section 404(a)(1)(b) of the Act; nor does of prevailing rates and fringe benefits
on the sales comparison approach to it affect the requirement of section have been made in accordance with 29
determine the fair market value of the 401(a) of the Code that the plan must CFR Part 1, by authority of the Secretary

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13966 Federal Register / Vol. 68, No. 55 / Friday, March 21, 2003 / Notices

of Labor pursuant to the previsions of Wage and Hour Division, Division of WI020033 (Mar. 1, 2002)
the Davis-Bacon Act of March 3, 1931, Wage Determinations, 200 Constitution WI020036 (Mar. 1, 2002)
as amended (46 Stat. 1494, as amended, Avenue, NW., Room S–3014, WI020046 (Mar. 1, 2002)
WI020047 (Mar. 1, 2002)
40 U.S.C. 276a) and of other Federal Washington, DC 20210.
WI020048 (Mar. 1, 2002)
statutes referred to in 29 CFR Part 1, WI020049 (Mar. 1, 2002)
Modification to General Wage
Appendix, as well as such additional WI020050 (Mar. 1, 2002)
Determination Decisions
statutes as may from time to time be
enacted containing provisions for the The number of the decisions listed to Volume V
payment of wages determined to be the Government Printing Office Kansas
prevailing by the Secretary of Labor in document entitled ‘‘General Wage KS020008 (Mar. 1, 2002)
accordance with the Davis-Bacon Act. Determinations Issued Under the Davis- Nebraska
The prevailing rates and fringe benefits Bacon and Related Acts’’ being modified NE020001 (Mar. 1, 2002)
are listed by Volume and State. Dates of NE020003 (Mar. 1, 2002)
determined in these decisions shall, in NE020007 (Mar. 1, 2002)
accordance with the provisions of the publication in the Federal Register are NE020010 (Mar. 1, 2002)
foregoing statutes, constitute in in parentheses following the decisions NE020011 (Mar. 1, 2002)
minimum wages payable on Federal and being modified. NE020019 (Mar. 1, 2002)
federally assisted construction projects Volume I NE020021 (Mar. 1, 2002)
to laborers and mechanics of the NE020041 (Mar. 1, 2002)
Rhode Island
specified classes engaged on contract Volume VI
RI020002 (Mar. 1, 2002)
work of the character and in the
localities described therein. Volume II None
Good cause is hereby found for not Pennsylvania Volume VII
utilizing notice and public comment PA020001 (Mar. 1, 2002) California
procedure thereon prior to the issuance PA020002 (Mar. 1, 2002) CA020013 (Mar. 1, 2002)
of these determinations as prescribed in PA020004 (Mar. 1, 2002) CA020028 (Mar. 1, 2002)
5 U.S.C. 553 and not providing for delay PA020011 (Mar. 1, 2002) Hawaii
in the effective date as prescribed in that PA020013 (Mar. 1, 2002) HI020001 (Mar. 1, 2002)
PA020016 (Mar. 1, 2002)
section, because the necessity to issue PA020027 (Mar. 1, 2002) General Wage Determination
current construction industry wage PA020038 (Mar. 1, 2002) Publication
determinations frequently and in large PA020041 (Mar. 1, 2002)
volume causes procedure to be practical PA020042 (Mar. 1, 2002) General wage determination issued
and contrary to the public interest. West Virginia under the Davis-Bacon and related Acts,
General wage determination WV020001 (Mar. 1, 2002) including those noted above, may be
decisions, and modifications and WV020002 (Mar. 1, 2002) found in the Government Printing Office
supersedeas decisions thereto, contain WV020003 (Mar. 1, 2002) (GPO) document entitled ‘‘General Wage
on expiration dates and are effective WV020006 (Mar. 1, 2002) determinations Issued Under the Davis-
from their date of notice in the Federal WV020009 (Mar. 1, 2002) Bacon And Related Acts’’. This
WV020010 (Mar. 1, 2002)
Register, or on the date written notice publication is available at each of the 50
is received by the agency, whichever is Volume III Regional Government Depository
earlier. These decisions are to be used Tennessee Libraries and many of the 1,400
in accordance with the provisions of 29 TN020003 (Mar. 1, 2002) Government Depository Libraries across
CFR Part 1 and 5. Accordingly, the TN020042 (Mar. 1, 2002) the country.
applicable decision, together with any TN020043 (Mar. 1, 2002) General wage determinations issued
modifications issued, must be made a TN020044 (Mar. 1, 2002) under the Davis-Bacon and related Acts
part of every contract for performance of Volume IV are available electronically at no cost on
the described work within the Illinois the Government Printing Office site at
geographic area indicated as required by IL020001 (Mar. 1, 2002) http://www.access.gpo.gov/davisbacon.
an applicable Federal prevailing wage IL020012 (Mar. 1, 2002) They are also available electronically by
law and 29 CFR Part 5. The wage rates IL020013 (Mar. 1, 2002) subscription to the Davis-Bacon Online
and fringe benefits, notice of which is IL020019 (Mar. 1, 2002) Service (http://
published herein, and which are Michigan davisbacon.fedworld.gov) of the
contained in the Government Printing MI020004 (Mar. 1, 2002) National Technical Information Service
Office (GPO) document entitled Wisconsin (NTIS) of the U.S. Department of
WI020001 (Mar. 1, 2002)
‘‘General Wage Determinations Issued WI020002 (Mar. 1, 2002)
Commerce at 1–800–363–2068. This
Under The Davis-Bacon And Related WI020003 (Mar. 1, 2002) subscription offers value-added features
Acts,’’ shall be the minimum paid by WI020004 (Mar. 1, 2002) such as electronic delivery of modified
contractors and subcontractors to WI020005 (Mar. 1, 2002) wage decisions directly to the user’s
laborers and mechanics. WI020006 (Mar. 1, 2002) desktop, the ability to access prior wage
Any person, organization, or WI020007 (Mar. 1, 2002) decisions issued during the year,
governmental agency having an interest WI020008 (Mar. 1, 2002) extensive Help desk Support, etc.
in the rates determined as prevailing is WI020009 (Mar. 1, 2002) Hard-copy subscriptions may be
encouraged to submit wage rate and WI020010 (Mar. 1, 2002) purchased from: Superintendent of
fringe benefit information for WI020013 (Mar. 1, 2002) Documents, U.S. Government Printing
WI020016 (Mar. 1, 2002)
consideration by the Department. WI020017 (Mar. 1, 2002)
Office, Washington, DC 20402, (202)
Further information and self- WI020021 (Mar. 1, 2002) 512–1800.
explanatory forms for the purpose of WI020024 (Mar. 1, 2002) When ordering hard-copy
submitting this data may be obtained by WI020027 (Mar. 1, 2002) subscription(s), be sure to specify the
writing to the U.S. Department of Labor, WI020030 (Mar. 1, 2002) State(s) of interest, since subscriptions
Employment Standards Administration, WI020032 (Mar. 1, 2002) may be ordered for any or all of the six

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Federal Register / Vol. 68, No. 55 / Friday, March 21, 2003 / Notices 13967

separate Volumes, arranged by State. expiration date); passport information NATIONAL COMMUNICATIONS
Subscriptions include an annual edition (number, country, expiration date); SYSTEM
(issued in January or February) which employer/affiliation information (name
includes all current general wage of institution, address, country, phone); National Security Telecommunications
determinations for the States covered by title/position of attendee. To expedite Advisory Committee
each volume. Throughout the remainder admittance, attendees can provide AGENCY: National Communications
of the year, regular weekly updates will identifying information in advance by System (NCS).
be distributed to subscribers. contacting K. Lee Pagel via e-mail at ACTION: Notice of meeting.
Signed at Washington, DC this 13th day of lee.pagel@nasa.gov or by telephone at
March 2003. (202) 358–4621. Attendees will be SUMMARY: A meeting of the President’s
Carl J. Poleskey, escorted at all times. National Security Telecommunications
Chief, Branch of Construction Wage It is imperative that the meeting be Advisory Committee will be on
Determinations. Thursday, May 1, 2003, from 10 a.m. to
held on these dates to accommodate the
[FR Doc. 03–6610 Filed 3–20–03; 8:45 am]
scheduling priorities of the key 3 p.m. The meeting will be closed to the
BILLING CODE 4510–27–M
participants. public to allow for oral discussion of
information voluntarily submitted to the
June W. Edwards, Federal government in expectation of
NATIONAL AERONAUTICS AND Advisory Committee Management Officer, protection from disclosure as provided
SPACE ADMINISTRATION National Aeronautics and Space in the provisions of the Critical
Administration. Infrstructure Information Act of 2002.
[Notice (03–032)] This is necessary to protect information
[FR Doc. 03–6745 Filed 3–20–03; 8:45 am]
NASA Advisory Council, Task Force on BILLING CODE 7510–01–P
regarding vulnerabilities resulting from
International Space Station changing technologies and dependence
Operational Readiness; Meeting upon privately oeprated infrastructures.
FOR FURTHER INFORMATION CONTACT:
AGENCY: National Aeronautics and NATIONAL COMMUNICATIONS Telephone Ms. Marilyn Witcher, (703)
Space Administration (NASA). SYSTEM 607–6214, or write the Manager,
ACTION: Notice of Meeting. National Communications System, 701
National Security Telecommunications South Court House Road, Arlington,
SUMMARY: The National Aeronautics and Advisory Committee Virginia 22204–2198.
Space Administration announces an
open meeting of the NASA Advisory Peter Fonash,
AGENCY: National Communications
Council (NAC), Task Force on Federal Register Liaison Officer, National
System (NCS).
International Space Station Operational Communications System.
Readiness (IOR). ACTION: Notice of meeting. [FR Doc. 03–6773 Filed 3–20–03; 8:45 am]
DATES: Wednesday, April 16, 2003, 12 BILLING CODE 5001–08–M

Noon–1 p.m. Eastern Standard Time. SUMMARY: A meeting of the President’s


National Security Telecommunications
ADDRESSES: NASA Headquarters, 300 E
Street, SW., Room 7U22, Washington, Advisory Committee will be held via THE NATIONAL FOUNDATION ON THE
DC 20546. conference call on Wednesday, April 2, ARTS AND THE HUMANITIES
2003, from 1 p.m. to 3 p.m. The
FOR FURTHER INFORMATION CONTACT: Mr. Meetings of Humanities Panel
conference call will be closed to the
Lee Pagel, Code IH, National
public to allow for oral discussion of AGENCY: The National Endowment for
Aeronautics and Space Administration,
Washington, DC 20546–0001, 202/358– information voluntarily submitted to the the Humanities.
4621. Federal government in expectation of ACTION: Notice of meetings.
protection from disclosure as provided
SUPPLEMENTARY INFORMATION: This
in the provisions of the Critical SUMMARY: Pursuant to the provisions of
meeting will be open to the public up
Infrastructure Information Act of 2002. the Federal Advisory Committee Act
to the seating capacity of the room. Five
seats will be reserved for members of This is necessary to protect information (Pub. L. 92–463, as amended), notice is
the press. The agenda for the meeting is regarding vulnerabilities resulting from hereby given that the following
as follows: changing technologies and dependence meetings of the Humanities Panel will
—To assess the operational readiness upon privately operated infrastructures,. be held at the Old Post Office, 1100
of the International Space Station to Pennsylvania Avenue, NW.,
FOR FURTHER INFORMATION CONTACT:
support the new crew and the American Washington, DC 20506.
Telephone Ms. Marilyn Witcher, (703)
and Russian flight team’s preparedness FOR FURTHER INFORMATION CONTACT:
607–6214, or write the Manager,
to accomplish the Expedition Seven Daniel Schneider, Advisory Committee
National Communications System, 701
mission. Management Officer, National
South Court House Road, Arlington, Endowment for the Humanities,
Attendees will be requested to sign a Virginia 22204–2198.
register and to comply with NASA Washington, DC 20506; telephone (202)
security requirements, including the Peter Fonash, 606–8322. Hearing-impaired individuals
presentation of a valid picture ID, before Federal Register Liaison Officer, National are advised that information on this
receiving an access badge. Foreign Communications System. matter may be obtained by contacting
nationals attending this meeting will be [FR Doc. 03–6772 Filed 3–20–03; 8:45 am]
the Endowment’s TDD terminal on (202)
required to provide the following 606–8282.
BILLING CODE 5001–08–M
information: full name; gender; date/ SUPPLEMENTARY INFORMATION: The
place of birth; citizenship; visa/ proposed meetings are for the purpose
greencard information (number, type, of panel review, discussion, evaluation

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