Special 301 Out-of-Cycle Review of Taiwan: Request for Public Comment, 42378-42379 [E8-16636]

Download as PDF 42378 ACTION: Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / Notices Notice of Issuance; Correction. SUMMARY: This document corrects a Notice of Issuance of Amendment to Facility Operating License appearing in the Federal Register on June 17, 2008 (73 FR 34346), for Surry Power Station, Unit No. 2. This notice was incorrectly put under the Section titled ‘‘Notice of Issuance of Amendments to Facility Operating Licenses and Final Determination of No Significant Hazards Consideration and Opportunity for a Hearing (Exigent Public Announcement or Emergency Circumstances).’’ It should have appeared under the Section titled ‘‘Notice of Issuance of Amendments to Facility Operating Licenses.’’ FOR FURTHER INFORMATION CONTACT: Siva Lingam, Project Manager, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone (301) 415–1564, e-mail: Siva.Lingam@nrc.gov. Dated in Rockville, Maryland, this 14th day of July 2008. For the Nuclear Regulatory Commission. Siva P. Lingam, Project Manager, Plant Licensing Branch II– 1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8–16576 Filed 7–18–08; 8:45 am] BILLING CODE 7590–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Special 301 Out-of-Cycle Review of Taiwan: Request for Public Comment Office of the United States Trade Representative. ACTION: Request for written submissions from the public. PWALKER on PROD1PC71 with NOTICES AGENCY: SUMMARY: Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 2242), requires the United States Trade Representative (USTR) to identify trading partners that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. (Section 182 is commonly referred to as the ‘‘Special 301’’ provisions of the Trade Act.) In addition, the USTR is required to determine which of these trading partners should be identified as Priority Foreign Countries. Acts, policies or practices that are the basis of a trading partner’s identification as a Priority Foreign Country are normally the subject of an investigation under the Section 301 provisions of the Trade Act. VerDate Aug<31>2005 19:22 Jul 18, 2008 Jkt 214001 On April 25, 2008, USTR announced the results of the 2008 Special 301 Review and stated that an Out-of-Cycle Review of Taiwan would be conducted this year. Pursuant to this Out-of-Cycle Review, USTR requests written submissions from the public concerning acts, policies, and practices regarding the adequacy and effectiveness of intellectual property protection and enforcement in Taiwan. DATES: Submissions must be received on or before 10 a.m. on Monday, September 8, 2008. ADDRESSES: All comments should be addressed to Jennifer Choe Groves, Director for Intellectual Property and Innovation and Chair of the Special 301 Committee, Office of the United States Trade Representative, and sent (i) electronically, to FR0606@ustr.eop.gov (please note, ‘‘FR0606’’ consists of the numbers ‘‘zero-six-zero-six,’’) with ‘‘Taiwan Out-of-Cycle Review’’ in the subject line, or (ii) by fax, to (202) 395– 9458, with a confirmation copy sent electronically to the email address above. FOR FURTHER INFORMATION CONTACT: Jennifer Choe Groves, Director for Intellectual Property and Innovation and Chair of the Special 301 Committee, Office of the United States Trade Representative at (202) 395–4510. SUPPLEMENTARY INFORMATION: Pursuant to Section 182 of the Trade Act, USTR must identify those trading partners that deny adequate and effective protection for intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. Those trading partners that have the most onerous or egregious acts, policies, or practices and whose acts, policies or practices have the greatest adverse impact (actual or potential) on relevant U.S. products are to be identified as Priority Foreign Countries. Acts, policies or practices that are the basis of a trading partner’s designation as a Priority Foreign Country are normally the subject of an investigation under the Section 301 provisions of the Trade Act. USTR may not identify a trading partner as a Priority Foreign Country if it is entering into good faith negotiations, or making significant progress in bilateral or multilateral negotiations, to provide adequate and effective protection of intellectual property rights. On April 25, 2008, USTR announced the results of the 2008 Special 301 Review and stated that an Out-of-Cycle Review of Taiwan would be conducted this year. Pursuant to this Out-of-Cycle Review, USTR requests written PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 submissions from the public concerning acts, policies, and practices regarding the adequacy and effectiveness of intellectual property protection and enforcement in Taiwan. Requirements for comments: Comments should include a description of experiences with respect to Taiwan in the field of intellectual property rights and the effect of the acts, policies, and practices of Taiwan on U.S. industry. Comments should be as detailed as possible and should provide all necessary information for assessing the effect of any acts, policies, and practices of Taiwan. Any comments that include quantitative loss claims should be accompanied by the methodology used in calculating such estimated losses. Comments must be in English. No submissions will be accepted via postal service mail. Documents should be submitted as either WordPerfect, MS Word, Adobe, or Text files. Supporting documentation submitted as spreadsheets are acceptable as Quattro Pro or Excel files. All comments and supporting documentation received by USTR will be made available to the public through electronic or other means. A submitter requesting that information contained in a comment be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the submitter. A nonconfidential version of the comment must also be provided. For any document containing business confidential information, the file name of the business confidential version should begin with the characters ‘‘BC-’’, and the file name of the public version should begin with the character ‘‘P-’’. The ‘‘P-’’ or ‘‘BC-’’ should be followed by the name of the submitter. Submissions should not include separate cover letters; information that might appear in a cover letter should be included in the submission itself. To the extent possible, any attachments to the submission should be included in the same file as the submission itself, and not as separate files. Dates: Submissions must be received on or before 10 a.m. on Monday, September 8, 2008. All comments should be addressed to Jennifer Choe Groves, Director for Intellectual Property and Innovation and Chair of the Special 301 Committee, Office of the United States Trade Representative, and sent (i) electronically, to FR0606@ustr.eop.gov (please note, ‘‘FR0606’’ consists of the numbers ‘‘zero-six-zero-six,’’) with ‘‘Taiwan Out-of-Cycle Review’’ in the subject line, or (ii) by fax, to (202) 395– E:\FR\FM\21JYN1.SGM 21JYN1 Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / Notices 9458, with a confirmation copy sent electronically to the email address above. Public inspection of submissions: (1) Within one business day of receipt, nonconfidential submissions will be placed in a public file open for inspection at the USTR reading room, Office of the United States Trade Representative, Annex Building, 1724 F Street, NW., Room 1, Washington, DC. An appointment to review the file must be scheduled at least 48 hours in advance and may be made by calling Jacqueline Caldwell at (202) 395–6186. The USTR reading room is open to the public from 10 a.m. to noon and from 1 p.m. to 4 p.m., Monday through Friday. Stanford K. McCoy, Assistant U.S. Trade Representative for Intellectual Property and Innovation. [FR Doc. E8–16636 Filed 7–18–08; 8:45 am] BILLING CODE 3190–W8–P SECURITIES AND EXCHANGE COMMISSION [Securities Exchange Act of 1934 Release No. 58166/July 15, 2008] PWALKER on PROD1PC71 with NOTICES Emergency Order Pursuant to Section 12(k)(2) of the Securities Exchange Act of 1934 Taking Temporary Action To Respond to Market Developments False rumors can lead to a loss of confidence in our markets. Such loss of confidence can lead to panic selling, which may be further exacerbated by ‘‘naked’’ short selling. As a result, the prices of securities may artificially and unnecessarily decline well below the price level that would have resulted from the normal price discovery process. If significant financial institutions are involved, this chain of events can threaten disruption of our markets. The events preceding the sale of The Bear Stearns Companies Inc. are illustrative of the market impact of rumors. During the week of March 10, 2008, rumors spread about liquidity problems at Bear Stearns, which eroded investor confidence in the firm. As Bear Stearns’ stock price fell, its counterparties became concerned, and a crisis of confidence occurred late in the week. In particular, counterparties to Bear Stearns were unwilling to make secured funding available to Bear Stearns on customary terms. In light of the potentially systemic consequences of a failure of Bear Stearns, the Federal Reserve took emergency action. The Commission has taken a series of actions to address concerns about rumors. For example, in April, 2008, we VerDate Aug<31>2005 19:22 Jul 18, 2008 Jkt 214001 charged Paul S. Berliner, a trader, with securities fraud and market manipulation for intentionally disseminating a false rumor concerning The Blackstone Group’s acquisition of Alliance Data Systems Corp (‘‘ADS’’). The Commission alleged that this false rumor caused the price of ADS stock to plummet, and that Berliner profited by short selling ADS stock and covering those sales as the false rumor caused the price of ADS stock to fall. See http:// www.sec.gov/litigation/litreleases/2008/ lr20537.htm. As another example, on July 13, 2008, the Commission announced that the SEC and other securities regulators would immediately conduct examinations aimed at the prevention of the intentional spreading of false information intended to manipulate securities prices. The examinations will be conducted by the SEC’s Office of Compliance Inspections and Examinations, as well as the Financial Industry Regulatory Authority, Inc. and New York Stock Exchange Regulation, Inc. See http://www.sec.gov/news/press/ 2008/2008-140.htm. We intend these and similar actions to provide powerful disincentives to those who might otherwise engage in illegal market manipulation through the dissemination of false rumors and thereby over time to diminish the effect of these activities on our markets. In recent days, however, false rumors have continued to threaten significant market disruption. For example, press reports have described rumors regarding the unwillingness of key counterparties to deal with certain financial institutions. There also have been rumors that financial institutions are facing liquidity problems. As a result of these recent developments, the Commission has concluded that there now exists a substantial threat of sudden and excessive fluctuations of securities prices generally and disruption in the functioning of the securities markets that could threaten fair and orderly markets. Based on this conclusion, the Commission is exercising its powers under Section 12(k)(2) of the Securities Exchange Act of 1934.1 Pursuant to Section 12(k)(2), in appropriate circumstances the Commission may issue summarily an order to alter, supplement, suspend, or impose requirements or restrictions with respect 1 This finding of an ‘‘emergency’’ is solely for purposes of Section 12(k)(2) of the Exchange Act and is not intended to have any other effect or meaning or to confer any right or impose any obligation other than set forth in this Order. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 42379 to matters or actions subject to regulation by the Commission. In these unusual and extraordinary circumstances, we have concluded that requiring all persons to borrow or arrange to borrow the securities identified in Appendix A prior to effecting an order for a short sale of those securities is in the public interest and for the protection of investors to maintain fair and orderly securities markets, and to prevent substantial disruption in the securities markets. This emergency requirement will eliminate any possibility that naked short selling may contribute to the disruption of markets in these securities. We described in the releases in which we proposed and adopted Regulation SHO the bases for the current requirements Regulation SHO imposes. We believe, however, that the unusual circumstances we now confront require the temporarily enhanced requirements we are imposing today. It is ordered that, pursuant to our Section 12(k)(2) powers, in connection with transactions in the publicly traded securities of substantial financial firms, which entities are identified in Appendix A, no person may effect a short sale 2 in these securities using the means or instrumentalities of interstate commerce unless such person or its agent has borrowed or arranged to borrow the security or otherwise has the security available to borrow in its inventory prior to effecting such short sale and delivers the security on settlement date.3 In order to allow market participants time to adjust their operations to implement the enhanced requirements, this Order shall take effect at 12:01 a.m. EDT on Monday, July 21, 2008. This Order shall terminate at 11:59 p.m. EDT on Tuesday, July 29, 2008 unless further extended by the Commission. By the Commission. Florence E. Harmon, Acting Secretary. APPENDIX A Company Ticker symbol(s) BNP Paribas Securities Corp. ...... BNPQF or BNPQY BAC Bank of America Corporation ....... 2 The definition of ‘‘short sale’’ shall be the same definition used in Rule 200(a) of Regulation SHO and the requirements for marking orders ‘‘long’’ or ‘‘short’’ shall be the same as provided in Regulation SHO. 3 Short sales to be effected as a result of a put options exercise are subject to this Order. In addition, we note that short sales used to hedge would also be subject to this Order. E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

[Federal Register Volume 73, Number 140 (Monday, July 21, 2008)]
[Notices]
[Pages 42378-42379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16636]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Special 301 Out-of-Cycle Review of Taiwan: Request for Public 
Comment

AGENCY: Office of the United States Trade Representative.

ACTION: Request for written submissions from the public.

-----------------------------------------------------------------------

SUMMARY: Section 182 of the Trade Act of 1974 (Trade Act) (19 U.S.C. 
2242), requires the United States Trade Representative (USTR) to 
identify trading partners that deny adequate and effective protection 
of intellectual property rights or deny fair and equitable market 
access to U.S. persons who rely on intellectual property protection. 
(Section 182 is commonly referred to as the ``Special 301'' provisions 
of the Trade Act.) In addition, the USTR is required to determine which 
of these trading partners should be identified as Priority Foreign 
Countries. Acts, policies or practices that are the basis of a trading 
partner's identification as a Priority Foreign Country are normally the 
subject of an investigation under the Section 301 provisions of the 
Trade Act.
    On April 25, 2008, USTR announced the results of the 2008 Special 
301 Review and stated that an Out-of-Cycle Review of Taiwan would be 
conducted this year. Pursuant to this Out-of-Cycle Review, USTR 
requests written submissions from the public concerning acts, policies, 
and practices regarding the adequacy and effectiveness of intellectual 
property protection and enforcement in Taiwan.

DATES: Submissions must be received on or before 10 a.m. on Monday, 
September 8, 2008.

ADDRESSES: All comments should be addressed to Jennifer Choe Groves, 
Director for Intellectual Property and Innovation and Chair of the 
Special 301 Committee, Office of the United States Trade 
Representative, and sent (i) electronically, to FR0606@ustr.eop.gov 
(please note, ``FR0606'' consists of the numbers ``zero-six-zero-
six,'') with ``Taiwan Out-of-Cycle Review'' in the subject line, or 
(ii) by fax, to (202) 395-9458, with a confirmation copy sent 
electronically to the email address above.

FOR FURTHER INFORMATION CONTACT: Jennifer Choe Groves, Director for 
Intellectual Property and Innovation and Chair of the Special 301 
Committee, Office of the United States Trade Representative at (202) 
395-4510.

SUPPLEMENTARY INFORMATION: Pursuant to Section 182 of the Trade Act, 
USTR must identify those trading partners that deny adequate and 
effective protection for intellectual property rights or deny fair and 
equitable market access to U.S. persons who rely on intellectual 
property protection. Those trading partners that have the most onerous 
or egregious acts, policies, or practices and whose acts, policies or 
practices have the greatest adverse impact (actual or potential) on 
relevant U.S. products are to be identified as Priority Foreign 
Countries. Acts, policies or practices that are the basis of a trading 
partner's designation as a Priority Foreign Country are normally the 
subject of an investigation under the Section 301 provisions of the 
Trade Act.
    USTR may not identify a trading partner as a Priority Foreign 
Country if it is entering into good faith negotiations, or making 
significant progress in bilateral or multilateral negotiations, to 
provide adequate and effective protection of intellectual property 
rights.
    On April 25, 2008, USTR announced the results of the 2008 Special 
301 Review and stated that an Out-of-Cycle Review of Taiwan would be 
conducted this year. Pursuant to this Out-of-Cycle Review, USTR 
requests written submissions from the public concerning acts, policies, 
and practices regarding the adequacy and effectiveness of intellectual 
property protection and enforcement in Taiwan.
    Requirements for comments: Comments should include a description of 
experiences with respect to Taiwan in the field of intellectual 
property rights and the effect of the acts, policies, and practices of 
Taiwan on U.S. industry. Comments should be as detailed as possible and 
should provide all necessary information for assessing the effect of 
any acts, policies, and practices of Taiwan. Any comments that include 
quantitative loss claims should be accompanied by the methodology used 
in calculating such estimated losses.
    Comments must be in English. No submissions will be accepted via 
postal service mail. Documents should be submitted as either 
WordPerfect, MS Word, Adobe, or Text files. Supporting documentation 
submitted as spreadsheets are acceptable as Quattro Pro or Excel files. 
All comments and supporting documentation received by USTR will be made 
available to the public through electronic or other means. A submitter 
requesting that information contained in a comment be treated as 
confidential business information must certify that such information is 
business confidential and would not customarily be released to the 
public by the submitter. A non-confidential version of the comment must 
also be provided. For any document containing business confidential 
information, the file name of the business confidential version should 
begin with the characters ``BC-'', and the file name of the public 
version should begin with the character ``P-''. The ``P-'' or ``BC-'' 
should be followed by the name of the submitter. Submissions should not 
include separate cover letters; information that might appear in a 
cover letter should be included in the submission itself. To the extent 
possible, any attachments to the submission should be included in the 
same file as the submission itself, and not as separate files.
    Dates: Submissions must be received on or before 10 a.m. on Monday, 
September 8, 2008.
    All comments should be addressed to Jennifer Choe Groves, Director 
for Intellectual Property and Innovation and Chair of the Special 301 
Committee, Office of the United States Trade Representative, and sent 
(i) electronically, to FR0606@ustr.eop.gov (please note, ``FR0606'' 
consists of the numbers ``zero-six-zero-six,'') with ``Taiwan Out-of-
Cycle Review'' in the subject line, or (ii) by fax, to (202) 395-

[[Page 42379]]

9458, with a confirmation copy sent electronically to the email address 
above.
    Public inspection of submissions: (1) Within one business day of 
receipt, non-confidential submissions will be placed in a public file 
open for inspection at the USTR reading room, Office of the United 
States Trade Representative, Annex Building, 1724 F Street, NW., Room 
1, Washington, DC. An appointment to review the file must be scheduled 
at least 48 hours in advance and may be made by calling Jacqueline 
Caldwell at (202) 395-6186. The USTR reading room is open to the public 
from 10 a.m. to noon and from 1 p.m. to 4 p.m., Monday through Friday.

Stanford K. McCoy,
Assistant U.S. Trade Representative for Intellectual Property and 
Innovation.
[FR Doc. E8-16636 Filed 7-18-08; 8:45 am]
BILLING CODE 3190-W8-P