Offices of Emergency Steel Guarantee Loan Board, 63975-63976 [E7-22253]
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Federal Register / Vol. 72, No. 219 / Wednesday, November 14, 2007 / Rules and Regulations
953, 954, as amended, sec. 1701, 106 Stat.
2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2092,
2093, 2111, 2201, 2232, 2233, 2297f); secs.
201, as amended, 202, 206, 88 Stat.1242, as
amended, 1244, 1246 (42 U.S.C. 5841, 5842,
5846); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note).
Section 71.9 also issued under Pub. L. 95–
601, sec. 10, 92 Stat. 2951, as amended by
Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851).
Section 71.97 also issued under sec. 301,
Pub. L. 96–295, 94 Stat. 789–790.
§ 72.10
18. In § 71.9, paragraph (c)(2) is
revised to read as follows:
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Employee protection.
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(c) * * *
(2) Imposition of a civil penalty on the
licensee, applicant, or a contractor or
subcontractor of the licensee or
applicant; or
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PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
19. The authority citation for part 72
continues to read as follows:
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I
20. In § 72.10, paragraph (c)(2) is
revised to read as follows:
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14:53 Nov 13, 2007
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PART 76—CERTIFICATION OF
GASEOUS DIFFUSION PLANTS
Authority: Sec. 161, 68 Stat. 948, as
amended, secs. 1312, 1701, as amended, 106
Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321–
349 (42 U.S.C. 2201, 2297b-11, 2297f); secs.
201, as amended, 204, 206, 88 Stat. 1244,
1245, 1246 (42 U.S.C. 5841, 5842, 5845,
5846). Sec. 234(a), 83 Stat. 444, as amended
by Pub. L. 104–134, 110 Stat. 1321, 1321–349
(42 U.S.C. 2243(a)); sec. 1704, 112 Stat. 2750
(44 U.S.C. 3504 note).
Section 76.7 is also issued under Pub. L.
95–601, sec. 10, 92 Stat. 2951 as amended by
Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 76.22 is also issued
under sec.193(f), as amended, 104 Stat. 2835,
as amended by Pub. L. 104–134, 110 Stat.
1321, 1321–349 (42 U.S.C. 2243(f)). Section
76.35(j) also issued under sec. 122, 68 Stat.
939 (42 U.S.C. 2152).
22. Section 76.7 is amended by
revising paragraph (c)(2) and adding a
new paragraph (c)(3) to read as follows:
I
Authority: Secs. 51, 53, 57, 62, 63, 65, 69,
81, 161, 182, 183, 184, 186, 187, 189, 68 Stat.
929, 930, 932, 933, 934, 935, 948, 953, 954,
955, as amended; sec. 234, 83 Stat. 444, as
amended (42 U.S.C. 2071, 2073, 2077, 2092,
2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub.
L. 86–373, 73 Stat. 688, as amended (42
U.S.C. 2021); sec. 201, as amended; 202, 206,
88 Stat. 1242, as amended; 1244, 1246 (42
U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec.
10, 92 Stat. 2951, as amended by Pub. L. 102–
485, sec. 7902, 106 Stat. 3123 (42 U.S.C.
5851); sec. 102, Pub. L. 91–190, 83 Stat. 853
(42 U.S.C. 4332); secs. 131, 132, 133, 135,
137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230,
2232, 2241; sec. 148, Pub. L. 100–203, 101
Stat. 1330–235 (42 U.S.C. 10151, 10152,
10153, 10155, 10157, 10161, 10168); sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Section 72.44(g) also issued under secs.
142(b) and 148(c), (d), Pub. L. 100–203, 101
Stat. 1330–232, 1330–236 (42 U.S.C.
10162(b), 10168(c), (d)). Section 72.46 also
issued under sec. 189, 68 Stat. 955 (42 U.S.C.
2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230
(42 U.S.C. 10154). Section 72.96(d) also
issued under sec. 145(g), Pub. L. 100–203,
101 Stat. 1330–235 (42 U.S.C. 10165(g)).
Subpart J also issued under secs. 2(2), 2(15),
2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat.
2202, 2203, 2204, 2222, 2224 (42 U.S.C.
10101, 10137(a), 10161(h)). Subparts K and L
are also issued under sec. 133, 98 Stat. 2230
(42 U.S.C. 10153) and sec. 218(a), 96 Stat.
2252 (42 U.S.C. 10198).
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(c) * * *
(2) Imposition of a civil penalty on the
licensee, applicant, or a contractor or
subcontractor of the licensee or
applicant.
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21. The authority citation for part 76
is revised to read as follows:
I
§ 71.9
Employee protection.
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§ 76.7
Employee protection.
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(c) * * *
(2) Imposition of a civil penalty on the
Corporation or a contractor or
subcontractor of the Corporation.
(3) Other enforcement action.
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Dated at Rockville, Maryland, this 7th day
of November 2007.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E7–22190 Filed 11–13–07; 8:45 am]
BILLING CODE 7590–01–P
EMERGENCY STEEL GUARANTEE
LOAN BOARD
13 CFR Part 400
[Docket No. 071031635–7636–01]
63975
changed the location of its offices and
is amending its regulations to reflect
such change.
DATES: This rule is effective November
14, 2007.
ADDRESSES: Comments may be
submitted by any of the following:
• E-mail: LoanBoard@doc.gov.
• Mail: Marcela Villalta Scott,
General Counsel, Emergency Steel
Guarantee Loan Board, U.S. Department
of Commerce, Room 5876, Washington,
DC 20230.
• Fax: 202–482–0512.
FOR FURTHER INFORMATION CONTACT:
Marcela Villalta Scott, General Counsel,
Emergency Steel Guarantee Loan Board,
at (202) 482–3843 or
LoanBoard@doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The principal offices of the
Emergency Steel Guarantee Loan
Program as set forth in 13 CFR 400.103
have changed to the U.S. Department of
Commerce, Washington, DC 20230.
Classification
Executive Order 12866
This final rule has been determined to
be exempt from Executive Order 12866.
Administrative Procedure Act
This rule is exempt from the
rulemaking requirements contained in 5
U.S.C. 553 pursuant to 5 U.S.C.
553(a)(2), as it involves a matter relating
to loans and to Board management. As
such, prior notice and an opportunity
for public comment and a delay in
effectiveness otherwise required under 5
U.S.C. 553 are inapplicable to this rule.
Regulatory Flexibility Act
Because this rule is not subject to a
requirement to provide prior notice and
an opportunity for public comment
pursuant to 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
List of Subjects in 13 CFR Part 400
Administrative practice and
procedure, Environmental impact
statement, Freedom of Information,
Loan Programs—Steel, Reporting and
recordkeeping requirements.
Offices of Emergency Steel Guarantee
Loan Board
Emergency Steel Guarantee
Loan Board.
ACTION: Final rule.
Dated: November 7, 2007.
Marcela Villalta Scott,
General Counsel, Emergency Steel Guarantee
Loan Board.
I
AGENCY:
SUMMARY: The Emergency Steel
Guarantee Loan Board (‘‘Board’’) has
PO 00000
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For the reasons set forth in the
preamble, amend 13 CFR part 400 as
follows:
I 1. The authority citation for part 400
continues to read as follows:
E:\FR\FM\14NOR1.SGM
14NOR1
63976
Federal Register / Vol. 72, No. 219 / Wednesday, November 14, 2007 / Rules and Regulations
Authority: Pub. L. 106–51, 113 Stat. 252
(15 U.S.C. 1841 note).
Washington, DC 20581. Electronic mail:
lpatent@cftc.gov or achapin@cftc.gov.
SUPPLEMENTARY INFORMATION:
2. Section 400.103 is revised to read
as follows:
I
§ 400.103
I. Background
Offices.
The principal offices of the Board are
in the U.S. Department of Commerce,
Washington, DC 20230.
[FR Doc. E7–22253 Filed 11–13–07; 8:45 am]
BILLING CODE 3510–NB–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Parts 1, 3, 4, 15, and 166
RIN 3038–AC26
Exemption From Registration for
Certain Foreign Persons
Commodity Futures Trading
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Commodity Futures
Trading Commission (‘‘Commission’’)
has amended Commission Regulation
3.10 concerning the registration of firms
located outside the U.S. that are engaged
in intermediating commodity interest
transactions on U.S. designated contract
markets (‘‘DCMs’’) and U.S. derivative
transaction execution facilities
(‘‘DTEFs’’).1 The amended regulation
codifies past actions of the Commission
or its staff to permit certain foreign firms
that limit their customers to foreign
customers, and submit U.S. DCM and
DTEF business on behalf of those
customers for clearing on an omnibus
basis through a registered futures
commission merchant (‘‘FCM’’), to be
exempt from registration as an FCM
pursuant to section 4d of the
Commodity Exchange Act (‘‘Act’’). The
amended regulation similarly extends
the relief from registration to those
foreign persons acting in the capacity of
an introducing broker (‘‘IB’’),
commodity trading advisor (‘‘CTA’’) and
commodity pool operator (‘‘CPO’’)
solely on behalf of foreign customers.
DATES: Effective Date: December 14,
2007.
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FOR FURTHER INFORMATION CONTACT:
Lawrence B. Patent, Deputy Director, or
Andrew V. Chapin, Special Counsel, at
(202) 418–5430, Division of Clearing
and Intermediary Oversight, Commodity
Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street, NW.,
1 Commission regulations referred to herein are
found at 17 CFR Ch. I (2007). References to trading
on U.S. DCMs or DTEFs shall include trading that
is subject to the rules of such entities as well.
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14:53 Nov 13, 2007
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The Commission published for
comment on April 2, 2007 proposed
amendments to Commission Regulation
3.10 (‘‘the Proposal’’) 2 to clarify when
certain persons located outside the U.S.
may conduct commodity interest
activities with respect to U.S. markets
on behalf of customers located outside
the U.S. without having to register in
the appropriate capacity with the
Commission. In particular, the
Commission proposed to exempt from
registration as an FCM certain foreign
firms that limit their customers to
foreign customers and submit U.S. DCM
and DTEF business on behalf of those
customers for clearing on an omnibus
basis through a registered FCM. These
firms were referred to in the Proposal as
‘‘foreign brokers.’’ The Commission also
proposed to create a single definition of
‘‘foreign broker’’ and ‘‘commodity
interest’’ consistent with the Proposal.
Part 3 of the Commission’s regulations
governs the registration of
intermediaries engaged in the offer and
sale of, and providing advice
concerning, futures and commodity
options traded on U.S. markets,
including both DCMs and DTEFs. In
particular, Regulation 3.10 sets forth the
manner in which FCMs, IBs, CTAs,
CPOs, and leverage transaction
merchants must apply for registration
with the Commission. Regulation
3.10(c) also provides an exemption from
registration for certain persons.
Currently, the only exemption from
registration as an FCM is for any person
trading solely for proprietary accounts,
as defined in Regulation 1.3(y).
As explained in the Proposal, the
Commission sought to provide clarity to
its registration requirements under Part
3 by codifying the longstanding
Commission policy, known as the
‘‘foreign broker exemption,’’ regarding
the activities of certain foreign
intermediaries engaged in soliciting or
accepting commodity interest
transactions solely on behalf of
customers located outside the U.S. In
particular, the Commission proposed to
exempt from registration as an FCM any
person that (1) limits its customers to
customers located outside the U.S., (2)
confines its commodity interest
activities to areas outside the U.S, and
(3) submits its trades for clearing on an
omnibus basis through a registered
FCM.
2 72
PO 00000
FR 15637 (April 2, 2007).
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II. Comments Regarding the Proposal
The Commission received two
comment letters on the Proposal, one
from the National Futures Association
(‘‘NFA’’) and one from the Futures
Industry Association (‘‘FIA’’). Both NFA
and FIA supported the Commission’s
initiative to codify the foreign broker
exemption as a means to provide greater
legal certainty to futures industry
participants. However, FIA commented
that the effect of the Proposal would be
to extend the Commission’s regulatory
requirements over the activities of
foreign brokers, rather than simply
codify the Commission’s existing policy.
In particular, FIA stated that, as
proposed, amended Regulation
3.10(c)(2)(ii) would subject foreign
brokers to the full panoply of
Commission regulations applicable to
registered FCMs, such as requirements
regarding fitness, customer funds
segregation, and regulatory capital.3 As
such, FIA recommended that the
Commission revise the proposed
amendment to Regulation 3.10(c) to
limit the extent to which the provisions
of the Act and Commission regulations
apply in a manner consistent with the
Commission’s longstanding policy
towards foreign brokers. In support of
its request, FIA noted that the
Commission has recognized that a
foreign broker holding a customer
omnibus account with a registered FCM
does not implicate the same regulatory
concerns as a foreign broker that has
more direct contact with U.S. markets,
such as a registered FCM clearing on a
DCM or DTEF.4
Additionally, both FIA and NFA
recommended that the Commission
provide greater legal certainty to futures
industry participants by similarly
codifying existing Commission policy
with respect to registration exemptions
for other foreign intermediaries, i.e., IBs,
CTAs and CPOs, that are not engaged in
commodity interest activities on behalf
of U.S. customers. In support of its
request, FIA referred to the Federal
Register release issued by the
Commission promulgating final rules
establishing the registration
requirements and procedures for
introducing brokers and other futures
industry professionals. In that release,
the Commission stated that:
given this agency’s limited resources, it is
appropriate at this time to focus [the
3 Proposed Regulation 3.10(c)(2)(ii) provided that
a foreign broker acting in accordance with the
codified foreign broker exemption ‘‘remains subject
to all other provisions of the Act and of the rules,
regulations, and orders thereunder.’’ (emphasis
added).
4 See, e.g., 72 FR at 15639 (April 2, 2007).
E:\FR\FM\14NOR1.SGM
14NOR1
Agencies
[Federal Register Volume 72, Number 219 (Wednesday, November 14, 2007)]
[Rules and Regulations]
[Pages 63975-63976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22253]
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EMERGENCY STEEL GUARANTEE LOAN BOARD
13 CFR Part 400
[Docket No. 071031635-7636-01]
Offices of Emergency Steel Guarantee Loan Board
AGENCY: Emergency Steel Guarantee Loan Board.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Emergency Steel Guarantee Loan Board (``Board'') has
changed the location of its offices and is amending its regulations to
reflect such change.
DATES: This rule is effective November 14, 2007.
ADDRESSES: Comments may be submitted by any of the following:
E-mail: LoanBoard@doc.gov.
Mail: Marcela Villalta Scott, General Counsel, Emergency
Steel Guarantee Loan Board, U.S. Department of Commerce, Room 5876,
Washington, DC 20230.
Fax: 202-482-0512.
FOR FURTHER INFORMATION CONTACT: Marcela Villalta Scott, General
Counsel, Emergency Steel Guarantee Loan Board, at (202) 482-3843 or
LoanBoard@doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The principal offices of the Emergency Steel Guarantee Loan Program
as set forth in 13 CFR 400.103 have changed to the U.S. Department of
Commerce, Washington, DC 20230.
Classification
Executive Order 12866
This final rule has been determined to be exempt from Executive
Order 12866.
Administrative Procedure Act
This rule is exempt from the rulemaking requirements contained in 5
U.S.C. 553 pursuant to 5 U.S.C. 553(a)(2), as it involves a matter
relating to loans and to Board management. As such, prior notice and an
opportunity for public comment and a delay in effectiveness otherwise
required under 5 U.S.C. 553 are inapplicable to this rule.
Regulatory Flexibility Act
Because this rule is not subject to a requirement to provide prior
notice and an opportunity for public comment pursuant to 5 U.S.C. 553,
or any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
List of Subjects in 13 CFR Part 400
Administrative practice and procedure, Environmental impact
statement, Freedom of Information, Loan Programs--Steel, Reporting and
recordkeeping requirements.
Dated: November 7, 2007.
Marcela Villalta Scott,
General Counsel, Emergency Steel Guarantee Loan Board.
0
For the reasons set forth in the preamble, amend 13 CFR part 400 as
follows:
0
1. The authority citation for part 400 continues to read as follows:
[[Page 63976]]
Authority: Pub. L. 106-51, 113 Stat. 252 (15 U.S.C. 1841 note).
0
2. Section 400.103 is revised to read as follows:
Sec. 400.103 Offices.
The principal offices of the Board are in the U.S. Department of
Commerce, Washington, DC 20230.
[FR Doc. E7-22253 Filed 11-13-07; 8:45 am]
BILLING CODE 3510-NB-P