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Excepted Service; Consolidated Listing of Schedules A, B, and C Exceptions
This provides the consolidated notice of all agency specific excepted authorities, approved by the Office of Personnel Management (OPM), under Schedule A, B, and C, as of June 30, 2019, as required by Civil Service Rule VI, Exceptions from the Competitive Service.
Notice of Funding Opportunity for America's Marine Highway Projects
. Statement whether during the past five years, the applicant or
any predecessor or related company has been in bankruptcy or in
reorganization under Chapter 11 of the Bankruptcy Code, or in any
insolvency or reorganization proceedings, and whether any
Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 5702
would have to disclose if a non-convertible bond that was
previously guaranteed is no longer guaranteed, or if the issuer or
guarantor declares bankruptcy. An issuer would also have to disclose if
its common stock is delisted, and Nasdaq would
Registration Modernization
statement that can be provided in the
``Other'' space is a transfer occurring ``by operation of law,'' a
legal concept referring to rights that arise under specific
contingencies such as by court-ordered or bankruptcy-related transfers,
certain forms
Debt Collection Practices (Regulation F)
in court.''); Buchanan v. Northland Grp., Inc., 776 F.3d
393, 399 (6th Cir. 2015) (``Legal defenses are not moral defenses .
. . [a]nd a creditor remains free, in the absence of a bankruptcy
order or something comparable preventing it from trying
Proposed Agency Information Collection Activities; Comment Request
the person or entity initially
borrows under the program or facility, that the person or entity is not
insolvent. The amendments provide that a borrower is considered
insolvent if the borrower is in bankruptcy, resolution under Title II
of Public Law 111
Delegation of Authority to the General Counsel of the Commission
with its bankruptcy program and they are
intended to conserve Commission resources by delegating to staff the
discretion to file objections in bankruptcy cases with respect to the
frequently recurring issue of non-debtor third-party releases
Position Limits for Derivatives
a market participant to exceed federal
limits if necessary to take on the positions and associated risk of
another market participant during a potential default or bankruptcy
situation. This exemption would be available on a case-by-case basis
Special Servicing of Telecommunications Programs Loans for Financially Distressed Borrowers
associated with coordinating with DOJ. RUS will still work
closely with DOJ on cases involving foreclosure or bankruptcy, but this
rule will enable RUS to resolve many servicing actions without having
to involve DOJ. This will streamline and expedite
Financial Responsibility Requirements Under CERCLA Section 108(b) for Facilities in the Chemical Manufacturing Industry
The Environmental Protection Agency (EPA or the Agency) is proposing to not impose financial responsibility requirements for facilities in the Chemical Manufacturing industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Section 108(b) addresses the promulgation of regulations that require classes of facilities to establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances.
General Updates and Elimination of Certain TAAF and PWEDA Regulations
.
Firm means an individual proprietorship, partnership, joint
venture, association, corporation (includes a development corporation),
business trust, cooperative, trustee in bankruptcy or receiver under
court decree, and includes fishing, agricultural
Wood Mouldings and Millwork Products From Brazil and the People's Republic of China: Initiation of Less-Than-Fair-Value Investigations
facilities and bankruptcies; and
actual and potential negative effects on cash flow.\30\ We have
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have
Wood Mouldings and Millwork Products From the People's Republic of China: Initiation of Countervailing Duty Investigation
or suppression;
lost sales and revenues; declining financial performance; a decline in
the domestic industry's capacity utilization and production and related
workers; shuttered manufacturing facilities and bankruptcies; and
actual and potential negative
Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority
); of an involuntary act (death or legal disability) of the
grantee of a station authorization; by involuntary assignment of the
physical property constituting the station under a court decree in
bankruptcy proceedings or other court order; or by operation of law
2010/2014 Quadrennial Regulatory Review; Rules and Policies To Promote New Entry and Ownership Diversity in the Broadcasting Services
is a ``failed''
station that has
[[Page 5168]]
not been in operation due to financial distress for at least four
consecutive months immediately prior to the application, or is a debtor
in an involuntary bankruptcy or insolvency proceeding at the time
Standardized Approach for Calculating the Exposure Amount of Derivative Contracts
a QCCP
B. Treatment of Client Financial Collateral Held by a CCP
C. Clearing Member Exposure When CCP Performance Is Not
Guaranteed
D. Bankruptcy Remoteness of Collateral
E. Adjusted Collateral Haircuts for Derivative Contracts
F. OCC
Meeting of the Judicial Conference Advisory Committee on Bankruptcy Rules
No: 2020-00782]
JUDICIAL CONFERENCE OF THE UNITED STATES
Meeting of the Judicial Conference Advisory Committee on
Bankruptcy Rules
AGENCY: Judicial Conference of the United States Advisory Committee on
Bankruptcy Rules.
ACTION: Notice of open
4th Tier Cigarettes From the Republic of Korea: Initiation of Less-Than-Fair-Value Investigation
's capacity utilization and production and related
workers; shuttered manufacturing facilities and bankruptcies; and
actual and potential negative effects on cash flow.\28\ We have
assessed the allegations and supporting evidence regarding material
injury
Hearings of the Judicial Conference Advisory Committee on the Federal Rules of Appellate, Bankruptcy, and Civil Procedure
No: 2020-00230]
JUDICIAL CONFERENCE OF THE UNITED STATES
Hearings of the Judicial Conference Advisory Committee on the
Federal Rules of Appellate, Bankruptcy, and Civil Procedure
AGENCY: Advisory Committee on the Federal Rules of Appellate
Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act
that EPA selected for the site and pay any response costs above
the amount that the United States recovered from Eastman Kodak Company
in a 2014 bankruptcy settlement. In return, the United States agrees
not to sue the defendants under sections 106
Small Shipyard Grant Program; Application Deadlines
predecessor or related company has been in bankruptcy
or in reorganization under Chapter 11 of the Bankruptcy Code, or in any
insolvency or reorganization proceedings, and whether any substantial
property of the applicant or any predecessor or related
Agency Information Collection Activities: Submission for OMB Review; Comment Request (OMB No. 3064-0029; -0030; -0070; -0104; -0204)
agreement under the laws of all
relevant jurisdictions, including in the event of bankruptcy,
insolvency, or a similar proceeding. A custody agreement may permit the
posting party to substitute or direct any reinvestment of posted
collateral held
Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing of a Proposed Rule Change in Connection With the Proposed Commencement of Operations of Boston Security Token Exchange LLC as a Facility of the Exchange
-802 of the
LLC Act; (iii) the resignation, expulsion, bankruptcy or dissolution of
the last remaining Member, or the occurrence of any other event which
terminates the continued membership of the last remaining Member in the
Company, unless the business
Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of Partial Amendment No. 2 and Order Granting Accelerated Approval of the Proposed Rule Change To Amend FINRA Rule 5110 (Corporate Financing Rule-Underwriting Terms and Arrangements) To Make Substantive, Organizational, and Terminology Changes, as Modified by Partial Amendment No. 1 and Partial Amendment No. 2
proceeding or plan of
reorganization as a result of action by the government or court (e.g.,
bankruptcy or tax court proceeding); \43\ (4) non-convertible
securities purchased by the participating member in a public offering
at the public offering price
Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Include a New Foreign Legal Opinion Fee Applicable to Non-U.S. Membership Applicants, and Delete a Requirement for Direct Non-U.S. Members Relating to Annual Opinion Updates
of a non-U.S. bank, provides an extensive legal
opinion addressing complex issues such as netting, bankruptcy, and
choice of law issues under the law of the applicant's home jurisdiction
(the ``foreign insolvency and netting opinion'').\9\ The foreign
Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of a Proposed Rule Change To Amend the Membership Application Program (“MAP”) Rules To Address the Issue of Pending Arbitration Claims
of unpaid awards relating to the five
customer claims was $2.5 million. Three of the four associated
persons relating to the unpaid awards were suspended or barred from
the industry by FINRA. The fourth associated person declared
bankruptcy
Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB
to underwriting activity are to be included in the memorandum
items.
One commenter asked if firms should exclude certain noncash
transactions, including if a firm obtains securities from a bankruptcy
settlement or a loan default. The Board is confirming
Exemption From the Swap Clearing Requirement for Certain Affiliated Entities-Alternative Compliance Frameworks for Anti-Evasionary Measures
\ Affiliates, as separate legal entities, are managed in
bankruptcy as separate estates and the trustee for each debtor estate
has a duty to the creditors of the affiliate, not the corporate family,
the parent of the affiliates, or the corporate family
Financial Responsibility Requirements Under CERCLA Section 108(b) for Facilities in the Petroleum and Coal Products Manufacturing Industry
EPA (or the Agency) is proposing to not impose financial responsibility requirements for facilities in the Petroleum and Coal Products Manufacturing industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Section 108(b) addresses the promulgation of regulations that require classes of facilities to establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances.
Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing of Proposed Rule Change, as Modified by Partial Amendment No. 1, Relating to Amendments to the ICE Clear Europe CDS Procedures
include any bankruptcy or insolvency law or other law affecting
creditors' rights to which the relevant obligation is or may become
subject. In addition, the NTCE Supplement includes the concept of
``Fallback Discounting,'' which if designated
Self-Regulatory Organizations; the Options Clearing Corporation; Order Approving Proposed Rule Change Related to Proposed Changes to the Options Clearing Corporation's Rules, Margin Policy, Margin Methodology, Clearing Fund Methodology Policy, and Clearing Fund and Stress Testing Methodology To Address Specific Wrong-Way Risk
to products based on a Clearing
Member Group's own equity in a default or bankruptcy scenario.\11\
\10\ Because the SWWR arising from equities issued by a Clearing
Member or its affiliates would be fully covered as part of margins,
OCC proposes
Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing of Proposed Rule Change To Amend Rule 5815 To Preclude Stay During Hearing Panel Review of Staff Delisting Determinations in Certain Circumstances
the
initial listing application has yet to be approved; and in the case of
proposed 5815 (a)(1)(B)(ii)(c), in connection with a company that has
declared bankruptcy or announced liquidation pursuant to rule 5110(b).
After considering the record
Joint Industry Plan; Notice of Filing of Amendment No. 5 to the Plan for the Purpose of Developing and Implementing Procedures Designed To Facilitate the Listing and Trading of Standardized Options To Adopt a Penny Interval Program
filed for Chapter
11 Bankruptcy on September 12, 2017. Subsequent to the bankruptcy
filing, SDRL was delisted from NYSE and listed on an OTC market.
When a security moves to the OTC market, many options exchanges seek
to delist the security
Proposed Submission of Information Collections for OMB Review; Comment Request; Payment of Premiums; Termination Premium
sponsors and controlled group members meet the
bankruptcy liquidation requirements of ERISA section 4041(c)(2)(B)(i))
or in an involuntary termination under ERISA section 4042, and the
termination date under section 4048 of ERISA is after 2005
Hearings of the Judicial Conference Advisory Committee on the Federal Rules of Bankruptcy Procedure
. 84, No. 240 / Friday, December 13, 2019 /
Notices
[[Page 68100]]
JUDICIAL CONFERENCE OF THE UNITED STATES
Hearings of the Judicial Conference Advisory Committee on the
Federal Rules of Bankruptcy Procedure
AGENCY: Advisory Committee
Notice of an Amended Privacy Act System of Records; Request for Comment
contempt proceedings, certain requests that the
Board initiate litigation or intervene in non-Agency litigation,
investigative subpoena enforcement cases, injunction and mandamus
actions regarding Agency cases under investigation, bankruptcy case
Self-Regulatory Organizations; The Options Clearing Corporation; Notice of No Objection To Advance Notice Related to Proposed Changes to The Options Clearing Corporation's Rules, Margin Policy, Margin Methodology, Clearing Fund Methodology Policy, and Clearing Fund and Stress Testing Methodology To Address Specific Wrong-Way Risk
would be to provide protection from
the risk of potential market exposure to products based on a Clearing
Member Group's own equity in a default or bankruptcy scenario.\12\
\11\ Because the SWWR arising from equities issued by a Clearing
Member
Supervisory Highlights Consumer Reporting Special Edition, Issue 20 (Fall 2019)
where the furnishers
failed to promptly update or correct information. These situations
included when consumers' charged-off balances had been discharged in
bankruptcy, and when consumers paid their charged-off balances in full.
In both situations
In the Matter of FirstEnergy Nuclear Operating Company; Beaver Valley Power Station, Unit Nos. 1 and 2, and Independent Spent Fuel Storage Installation (ISFSI); Davis-Besse Nuclear Power Station, Unit No. 1 and ISFSI; and Perry Nuclear Power Plant, Unit No. 1 and ISFSI
permit.''
On March 31, 2018, FirstEnergy Solutions Corp. (FES), together
with FENOC, FENGen, and FES's other subsidiaries, filed voluntary
petitions for bankruptcy protection under Chapter 11 of the United
States Bankruptcy Code in the United
2020 Rate Changes for the Basetime, Overtime, Holiday, and Laboratory Services Rates
allowance for bad debt (for example, debt owed that is not paid in full
by plants and establishments that declare bankruptcy) divided by
previous fiscal year's total hours (regular, overtime, and holiday)
worked.
The 2020 calculation for bad debt rate
Federal Interest Rate Authority
Experiment,'' Journal of Law and Economics, vol. 60
(November 2017); and Piotr Danisewicz and Ilaf Elard, ``The Real
Effects of Financial Technology: Marketplace Lending and Personal
Bankruptcy'' (July 5, 2018). Available at http
Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change Relating to the ICC Clearing Rules
clarifies that the applicable laws to be considered
include any bankruptcy or insolvency law or other law affecting
creditors' rights to which the relevant obligation is or may become
subject. In addition, the NTCE Supplement includes the concept
North Dakota: Codification and Incorporation by Reference of Approved State Underground Storage Tank Program
.1-24-08-104 Bankruptcy or other incapacity of owner or
operator or provider of financial assurance.
Section 33.1-24-08-105 Replenishment of guarantees, letters of
credit, or surety bonds.
Section 33.1-24-08-115 Definitions (lender liability).
Section 33
Total and Permanent Disability Discharge of Loans Under Title IV of the Higher Education Act
adjusted the disability component of its Death, Disability, and
Bankruptcy assumption (DDB), which also includes closed school and
borrower defense discharges that have been the subject of recent
regulations. To calculate the effect on past cohorts from
Office of Women's Business Ownership: Women's Business Center Program
The U.S. Small Business Administration (SBA) is codifying regulations for the Women's Business Center (WBC) Program as directed in section 29 of the Small Business Act (the Act). This final rule also codifies policy and procedural changes included in the WBC Program Announcement and Notice of Award (NOA). These changes include, but are not limited to, the following: Language on risk assessment, as required by the Uniform Grant Guidance; limitations on carryovers; a reduction in reporting requirements; and eligibility criteria for selection as a WBC. Implementing these regulations will result in greater standardization and transparency in the delivery of the WBC Program.
Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of a Proposed Rule Change To Amend FINRA Rule 12000 Series To Expand Options Available to Customers if a Firm or Associated Person Is or Becomes Inactive
and such motion has not been denied; and (4) the firm or
associated person has filed a petition in bankruptcy and the
bankruptcy proceeding is pending or the award has been discharged by
the bankruptcy court. See Notice to Members 00-55 (August 2000). In
July
Texas Regulatory Program
. Texas
also proposed to remove a restriction in its rules that conflicts with
the United States Bankruptcy Code.
DATES: The effective date is December 20, 2019.
FOR FURTHER INFORMATION CONTACT: William Joseph, Director, Tulsa Field
Office, Office
Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing of Advance Notice Related to Proposed Changes to The Options Clearing Corporation's Rules, Margin Policy, Margin Methodology, Clearing Fund Methodology Policy, and Clearing Fund and Stress Testing Methodology To Address Specific Wrong-Way Risk
Group
may be assumed to have a price at or near zero in a default or
bankruptcy scenario, and those positions (e.g., equity used as a hedge,
stock loans, options on equity, single-stock futures) may experience
substantial losses. In addition, SWWR
Notice of Lodging of Proposed Amended Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act
addresses issues raised by the
bankruptcy liquidation of Reilly Tar's successor in liability, updated
state and federal Performance Standards for various contaminants of
concern, as well as an evolved understanding of the conceptual site
model
Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade Shares of the iShares California Short Maturity Muni Bond ETF of the iShares U.S. ETF Trust Under Rule 14.11(i), Managed Fund Shares
; significant developments involving
the issuer or counterparty specifically (e.g., default, bankruptcy,
etc.) or the securities markets generally; and settlement practices,
registration procedures, limitations on currency conversion or
repatriation
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