Order Instituting Administrative Proceedings Pursuant to Section 15E(a)(2)(A)(ii) of the Securities Exchange Act of 1934 and Notice of Hearing; In the Matter of the Application of Dagong Global Credit Rating Co., Ltd., 20645-20646 [2010-9052]
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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Notices
NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0158]
Draft Regulatory Guide: Issuance,
Availability
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of Issuance and
Availability of Draft Regulatory Guide,
DG–4018.
FOR FURTHER INFORMATION CONTACT:
Gregory C. Chapman, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: (301) 492–
3106 or e-mail to
Gregory.Chapman@nrc.gov.
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with NOTICES
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
comment a draft guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public such information
as methods that are acceptable to the
NRC staff for implementing specific
parts of the NRC’s regulations,
techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
The draft regulatory guide (DG), titled,
‘‘Constraint on Releases of Airborne
Radioactive Materials to the
Environment for Licensees Other than
Power Reactors’’ is temporarily
identified by its task number, DG–4018,
which should be mentioned in all
related correspondence. DG–4018 is
proposed Revision 2 of Regulatory
Guide 4.2, dated December 1996.
This regulatory guide provides
guidance on methods acceptable to the
U.S. Nuclear Regulatory Commission
(NRC) staff for meeting the constraint on
air emissions of radioactive material to
the environment as described in title 10,
section 20.1101(d), of the Code of
Federal Regulations (10 CFR
20.1101(d)). In 1996, the NRC added a
constraint to 10 CFR part 20, ‘‘Standards
for Protection against Radiation’’ (Ref.
1), to remove dual regulation by the
NRC and the U.S. Environmental
Protection Agency (EPA) and to provide
an ‘‘ample margin of safety’’ to members
of the public from air emissions of
radioactive material to the environment.
II. Further Information
The NRC staff is soliciting comments
on DG–4018. Comments may be
accompanied by relevant information or
VerDate Nov<24>2008
14:55 Apr 19, 2010
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supporting data and should mention
DG–4018 in the subject line. Comments
submitted in writing or in electronic
form will be made available to the
public in their entirety through the
NRC’s Agencywide Documents Access
and Management System (ADAMS).
ADDRESSES: You may submit comments
by any one of the following methods.
Please include Docket ID NRC–2010–
0158 in the subject line of your
comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site
Regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2010–0158. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar,
Chief, Rules, Announcements and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, or by fax to RADB at (301) 492–
3446.
You can access publicly available
documents related to this notice using
the following methods:
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents at the NRC’s PDR, Room O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
PO 00000
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20645
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov. Draft Regulatory
Guide, DG–4018 is available
electronically under ADAMS Accession
Number ML092590180.
Federal Rulemaking Web site: Public
comments and supporting materials
related to this notice can be found at
https://www.regulations.gov by searching
on Docket ID: NRC–2010–0158.
FOR FURTHER INFORMATION CONTACT:
Gregory C. Chapman, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: (301) 492–
3106 or e-mail to
Gregory.Chapman@nrc.gov.
Comments would be most helpful if
received by June 14, 2010. Comments
received after that date will be
considered if it is practical to do so, but
the NRC is able to ensure consideration
only for comments received on or before
this date. Although a time limit is given,
comments and suggestions in
connection with items for inclusion in
guides currently being developed or
improvements in all published guides
are encouraged at any time.
Regulatory guides are not
copyrighted, and Commission approval
is not required to reproduce them.
Dated at Rockville, Maryland, this 12th day
of April 2010.
For the Nuclear Regulatory Commission.
Andrea D. Valentin,
Chief, Regulatory Guide Development Branch,
Division of Engineering, Office of Nuclear
Regulatory Research.
[FR Doc. 2010–9055 Filed 4–19–10; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 61906; File No. 3–13860]
Order Instituting Administrative
Proceedings Pursuant to Section
15E(a)(2)(A)(ii) of the Securities
Exchange Act of 1934 and Notice of
Hearing; In the Matter of the
Application of Dagong Global Credit
Rating Co., Ltd.
April 14, 2010.
Dagong Global Credit Rating Co., Ltd.
(‘‘Dagong’’), a credit rating agency based
in Beijing, China, submitted an
application with the Securities and
Exchange Commission (‘‘Commission’’)
for registration as a nationally
recognized statistical rating organization
(‘‘NRSRO’’) pursuant to section 15E(a) of
the Securities Exchange Act of 1934
(‘‘Exchange Act’’) and Rule 17g–1
thereunder.
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20646
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Notices
Pursuant to section 15E(a)(2)(A) of the
Exchange Act, not later than 90 days (or
within such longer period as to which
the applicant consents) after the
application for registration is furnished
to the Commission, the Commission
shall, by order, either grant such
registration or institute proceedings to
determine whether such registration
should be denied. Under section
15E(a)(2)(C), the Commission shall grant
registration as an NRSRO to an
applicant if the Commission finds that
the requirements of Section 15E of the
Exchange Act are satisfied and unless
the Commission finds (in which case
the Commission shall deny such
registration) that, among other things, if
the applicant were so registered, its
registration would be subject to
suspension or revocation under section
15E(d) of the Exchange Act.
If the Commission institutes
proceedings to determine whether an
application for registration should be
denied, section 15E(a)(2)(B)(i)(I) of the
Exchange Act requires that the
Commission shall include notice of the
grounds for denial under consideration
and an opportunity for a hearing.
Section 15E(a)(2)(B)(i)(II) provides that
the proceedings shall be concluded not
later than 120 days after the date on
which the application for registration is
furnished to the Commission. The
Commission may extend the time for
conclusion of such proceedings,
pursuant to section 15E(a)(2)(B)(iii), for
not longer than 90 days, if it finds good
cause for such extension and publishes
its reasons for such finding, or for such
longer period as to which the applicant
consents. Section 15E(a)(2)(B)(ii)
provides that, at the conclusion of such
proceedings, the Commission, by order,
shall grant the application or deny the
application for registration.
After furnishing its application on
December 24, 2009, Dagong consented
to two extensions of time for the
Commission to act on the application.
The first extension was for seven days
and the second extension was fourteen
additional days. Under Section
15E(a)(2)(B), the Commission is required
to act on the application no later than
April 14, 2010, unless further
extensions are granted by Dagong.
Dagong has provided the following
information in connection with its
application to register as an NRSRO.
Dagong is located in Beijing, China.
Dagong has no physical presence in the
United States, does not rate any U.S.
companies, and has no U.S. persons
subscribing to its ratings. When
submitting certifications from
companies that rely on its ratings for
investment purposes, as required for
VerDate Nov<24>2008
14:55 Apr 19, 2010
Jkt 220001
registration, Dagong relied exclusively
on companies located in China.
In addition, to date the Commission
has been unable to determine whether,
under local law requirements applicable
to Dagong, Dagong would be able to
comply with the provisions in Section
17 of the Exchange Act, and the rules
thereunder, relating to making its books
and records available for Commission
examination, producing books and
records to the Commission, and
furnishing reports to the Commission.
Accordingly, pursuant to section
15E(a)(2)(A)(ii) of the Exchange Act, the
Commission is instituting proceedings
to determine whether Dagong’s
application for registration as a
nationally recognized statistical rating
organization should be denied. In these
proceedings, grounds for denial under
consideration will include:
(I) Whether Dagong has a sufficient
connection with U.S. interstate commerce to
register as an NRSRO, and thereby invoke the
regulatory and oversight authority of the
Commission; and
(II) Whether Dagong’s application for
registration should be denied pursuant to
Section 15E(a)(2)(C)(ii)(II) on the grounds
that, if registered as an NRSRO, Dagong
would be subject to having its registration
suspended or revoked under section
15E(d)(1) of the Exchange Act because, in
light of requirements in its home jurisdiction,
Dagong would be unable to comply with
provisions of the U.S. securities laws and
rules (an act identified in Section 15(b)(4)(D)
of the Exchange Act), including, in
particular, Section 17 of the Exchange Act
and Rules 17g–2 and 17g–3 thereunder.
Given the nature of the issues raised
in the application, the Commission is
currently of the view that a hearing on
the basis of written submissions will
sufficiently allow the parties to address
these issues.
Accordingly, it is ordered, that
proceedings under section
15E(a)(2)(A)(ii) of the Exchange Act be
and hereby are instituted to determine
whether the application of Dagong
should be denied.
It is further ordered that a hearing
shall be conducted on the basis of
written submissions (and in accordance
with the Commission’s Rules of
Practice, 17 CFR 201.100, et seq., except
as otherwise provided) addressing
issues of law or fact in dispute and legal
arguments supporting the parties’
positions. Dagong and the interested
divisions or offices of the Commission
shall each file an opening submission
not later than May 5, 2010 and a
responsive submission not later than
May 17, 2010. Each party shall
simultaneously serve according to the
Rules of Practice on the other party a
copy of each submission. Any requests
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
for extensions of time (which shall be
made pursuant to Rule of Practice 161),
and any requests to submit oral
testimony shall be considered
contingent upon Dagong’s consent to a
reasonable extension of time pursuant to
section 15E(a)(2)(B)(iii) of the Exchange
Act in addition to the 90-day extension
the Commission is hereby ordering as
set forth below.
It is further ordered that the time
period for the conclusion of all
proceedings, after which the
Commission is required to grant or deny
the application, is extended for an
additional 90 days pursuant to section
15E(a)(2)(B)(iii) of the Exchange Act to
July 22, 2010. The Commission finds
good cause for this 90-day extension on
the basis that the application raises
substantial legal questions, including
questions of foreign law, which
necessitate granting the parties
sufficient time to prepare written
submissions and the Commission
sufficient time to consider those
submissions.
It is further ordered that any person
who seeks to participate on a limited
basis, or amicus curiae, pursuant to
Rules of Practice 210(c) and (d), shall
file a motion for leave to participate,
together with the proposed submission,
with the Secretary of the Commission
not later than May 5, 2010.
It is further ordered that the Secretary
of the Commission shall serve this
Order forthwith upon Dagong in
accordance with Rule of Practice 141;
and that notice to all other persons shall
be given by publication of this Order
and Notice in the Federal Register; and
that this Order and Notice and any
subsequent orders granting or denying
the application shall be posted on the
Commission’s Web site at https://
www.sec.gov and published in the SEC
Docket.
By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010–9052 Filed 4–19–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Thursday, April 22, 2010 at 1 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
E:\FR\FM\20APN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Notices]
[Pages 20645-20646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9052]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 61906; File No. 3-13860]
Order Instituting Administrative Proceedings Pursuant to Section
15E(a)(2)(A)(ii) of the Securities Exchange Act of 1934 and Notice of
Hearing; In the Matter of the Application of Dagong Global Credit
Rating Co., Ltd.
April 14, 2010.
Dagong Global Credit Rating Co., Ltd. (``Dagong''), a credit rating
agency based in Beijing, China, submitted an application with the
Securities and Exchange Commission (``Commission'') for registration as
a nationally recognized statistical rating organization (``NRSRO'')
pursuant to section 15E(a) of the Securities Exchange Act of 1934
(``Exchange Act'') and Rule 17g-1 thereunder.
[[Page 20646]]
Pursuant to section 15E(a)(2)(A) of the Exchange Act, not later
than 90 days (or within such longer period as to which the applicant
consents) after the application for registration is furnished to the
Commission, the Commission shall, by order, either grant such
registration or institute proceedings to determine whether such
registration should be denied. Under section 15E(a)(2)(C), the
Commission shall grant registration as an NRSRO to an applicant if the
Commission finds that the requirements of Section 15E of the Exchange
Act are satisfied and unless the Commission finds (in which case the
Commission shall deny such registration) that, among other things, if
the applicant were so registered, its registration would be subject to
suspension or revocation under section 15E(d) of the Exchange Act.
If the Commission institutes proceedings to determine whether an
application for registration should be denied, section
15E(a)(2)(B)(i)(I) of the Exchange Act requires that the Commission
shall include notice of the grounds for denial under consideration and
an opportunity for a hearing. Section 15E(a)(2)(B)(i)(II) provides that
the proceedings shall be concluded not later than 120 days after the
date on which the application for registration is furnished to the
Commission. The Commission may extend the time for conclusion of such
proceedings, pursuant to section 15E(a)(2)(B)(iii), for not longer than
90 days, if it finds good cause for such extension and publishes its
reasons for such finding, or for such longer period as to which the
applicant consents. Section 15E(a)(2)(B)(ii) provides that, at the
conclusion of such proceedings, the Commission, by order, shall grant
the application or deny the application for registration.
After furnishing its application on December 24, 2009, Dagong
consented to two extensions of time for the Commission to act on the
application. The first extension was for seven days and the second
extension was fourteen additional days. Under Section 15E(a)(2)(B), the
Commission is required to act on the application no later than April
14, 2010, unless further extensions are granted by Dagong.
Dagong has provided the following information in connection with
its application to register as an NRSRO. Dagong is located in Beijing,
China. Dagong has no physical presence in the United States, does not
rate any U.S. companies, and has no U.S. persons subscribing to its
ratings. When submitting certifications from companies that rely on its
ratings for investment purposes, as required for registration, Dagong
relied exclusively on companies located in China.
In addition, to date the Commission has been unable to determine
whether, under local law requirements applicable to Dagong, Dagong
would be able to comply with the provisions in Section 17 of the
Exchange Act, and the rules thereunder, relating to making its books
and records available for Commission examination, producing books and
records to the Commission, and furnishing reports to the Commission.
Accordingly, pursuant to section 15E(a)(2)(A)(ii) of the Exchange
Act, the Commission is instituting proceedings to determine whether
Dagong's application for registration as a nationally recognized
statistical rating organization should be denied. In these proceedings,
grounds for denial under consideration will include:
(I) Whether Dagong has a sufficient connection with U.S.
interstate commerce to register as an NRSRO, and thereby invoke the
regulatory and oversight authority of the Commission; and
(II) Whether Dagong's application for registration should be
denied pursuant to Section 15E(a)(2)(C)(ii)(II) on the grounds that,
if registered as an NRSRO, Dagong would be subject to having its
registration suspended or revoked under section 15E(d)(1) of the
Exchange Act because, in light of requirements in its home
jurisdiction, Dagong would be unable to comply with provisions of
the U.S. securities laws and rules (an act identified in Section
15(b)(4)(D) of the Exchange Act), including, in particular, Section
17 of the Exchange Act and Rules 17g-2 and 17g-3 thereunder.
Given the nature of the issues raised in the application, the
Commission is currently of the view that a hearing on the basis of
written submissions will sufficiently allow the parties to address
these issues.
Accordingly, it is ordered, that proceedings under section
15E(a)(2)(A)(ii) of the Exchange Act be and hereby are instituted to
determine whether the application of Dagong should be denied.
It is further ordered that a hearing shall be conducted on the
basis of written submissions (and in accordance with the Commission's
Rules of Practice, 17 CFR 201.100, et seq., except as otherwise
provided) addressing issues of law or fact in dispute and legal
arguments supporting the parties' positions. Dagong and the interested
divisions or offices of the Commission shall each file an opening
submission not later than May 5, 2010 and a responsive submission not
later than May 17, 2010. Each party shall simultaneously serve
according to the Rules of Practice on the other party a copy of each
submission. Any requests for extensions of time (which shall be made
pursuant to Rule of Practice 161), and any requests to submit oral
testimony shall be considered contingent upon Dagong's consent to a
reasonable extension of time pursuant to section 15E(a)(2)(B)(iii) of
the Exchange Act in addition to the 90-day extension the Commission is
hereby ordering as set forth below.
It is further ordered that the time period for the conclusion of
all proceedings, after which the Commission is required to grant or
deny the application, is extended for an additional 90 days pursuant to
section 15E(a)(2)(B)(iii) of the Exchange Act to July 22, 2010. The
Commission finds good cause for this 90-day extension on the basis that
the application raises substantial legal questions, including questions
of foreign law, which necessitate granting the parties sufficient time
to prepare written submissions and the Commission sufficient time to
consider those submissions.
It is further ordered that any person who seeks to participate on a
limited basis, or amicus curiae, pursuant to Rules of Practice 210(c)
and (d), shall file a motion for leave to participate, together with
the proposed submission, with the Secretary of the Commission not later
than May 5, 2010.
It is further ordered that the Secretary of the Commission shall
serve this Order forthwith upon Dagong in accordance with Rule of
Practice 141; and that notice to all other persons shall be given by
publication of this Order and Notice in the Federal Register; and that
this Order and Notice and any subsequent orders granting or denying the
application shall be posted on the Commission's Web site at https://www.sec.gov and published in the SEC Docket.
By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-9052 Filed 4-19-10; 8:45 am]
BILLING CODE 8011-01-P
