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