Agencies and Commissions October 2007 – Federal Register Recent Federal Regulation Documents

This notice is published jointly by the Departmental Offices of the Department of the Treasury (the ``Treasury'') and the Board of Governors of the Federal Reserve System (the ``Board'') (collectively, the ``Agencies'') and proposes rules to implement applicable provisions of the Unlawful Internet Gambling Enforcement Act of 2006 (the ``Act''). In accordance with the requirements of the Act, the proposed rule designates certain payment systems that could be used in connection with unlawful Internet gambling transactions restricted by the Act. The proposed rule requires participants in designated payment systems to establish policies and procedures reasonably designed to identify and block or otherwise prevent or prohibit transactions in connection with unlawful Internet gambling. As required by the Act, the proposed rule also exempts certain participants in designated payment systems from the requirements to establish such policies and procedures because the Agencies believe it is not reasonably practical for those participants to identify and block, or otherwise prevent or prohibit, unlawful Internet gambling transactions restricted by the Act. Finally, the proposed rule describes the types of policies and procedures that non-exempt participants in each type of designated payment system may adopt in order to comply with the Act and includes non-exclusive examples of policies and procedures which would be deemed to be reasonably designed to prevent or prohibit unlawful Internet gambling transactions restricted by the Act. The proposed rule does not specify which gambling activities or transactions are legal or illegal because the Act itself defers to underlying State and Federal gambling laws in that regard and determinations under those laws may depend on the facts of specific activities or transactions (such as the location of the parties).

Notice is hereby given of the names of the members of the Performance Review Board.

The National Credit Union Administration (NCUA) is issuing a final rule on member inspection of federal credit union (FCU) books, records, and minutes. The rule provides that a group of members representing approximately one percent of the membership, with a proper purpose and upon petition, may inspect and copy nonconfidential portions of the credit union's books, records, and minutes. This rule standardizes and clarifies existing member inspection rights.

The Office of Government Ethics is amending its regulations to clarify the sole and exclusive nature of the authority it has conferred on executive branch departments and agencies and to remove certain language that this clarification makes redundant.

The U.S. International Trade Commission (``Commission'') hereby gives notice of the court-ordered remand of its five-year review determinations in the antidumping investigation Nos. 731-TA-340-E and H concerning solid urea from Russia and Ukraine. For further information concerning the conduct of this proceeding and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subpart A (19 CFR part 207).

The National Archives and Records Administration (NARA) is republishing 34 system of records notices in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, to incorporate minor corrective and administrative changes. NARA proposes to add one new system to its inventory, NARA 39, Visitor Ticketing Application (VISTA) Files; change the name of NARA 37 from ``Order Online!'' to ``NARA Online Ordering System;'' and to revise its routine uses (found in Appendix A) to incorporate routine use language recommended by the President's Task Force on Identity Theft. This routine use is being added to all of the systems in NARA's inventory. One system, among NARA's inventory of system notices, NARA 23, Office of Inspector General Investigative Case Files, was published in the Federal Register on June 6, 2007 [72 FR 31348]. That system notice is not republished here. The proposed changes are in compliance with OMB Circular No. A-130, Appendix I. One system is being deleted from the inventory of systems notices because NARA no longer maintains the information (NARA 29, State Historical Records Advisory Board Member Files).

The Securities and Exchange Commission (``Commission'') is adopting rules and rule amendments regarding exemptions from the definitions of ``broker'' and ``dealer'' under the Securities Exchange Act of 1934 (``Exchange Act'') for banks' securities activities. In particular, the Commission is adopting a conditional exemption that will allow banks to effect riskless principal transactions with non- U.S. persons pursuant to Regulation S under the Securities Act of 1933 (``Securities Act''). The Commission also is amending and redesignating an existing exemption from the definition of ``dealer'' for banks' securities lending activities as a conduit lender. In addition, the Commission is conforming a rule that grants a limited exemption from U.S. broker-dealer registration for foreign broker-dealers to the amended definitions of ``broker'' and ``dealer'' under the Exchange Act. Finally, the Commission is withdrawing three rules under the Exchange Act: A rule defining the term ``bank'' for purposes of the Exchange Act's definitions of ``broker'' and ``dealer,'' due to judicial invalidation; a time-limited exemption for banks' securities activities, due to the passage of time; and an exemption from the definitions of ``broker'' and ``dealer'' for savings associations and savings banks, as the exemption no longer necessary in light of subsequent legislation.

The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its regulations to require applicants for new standard design certifications that do not reference a standard design approval; new standard design approvals; combined licenses that do not reference a standard design certification, standard design approval, or manufactured reactor; and new manufacturing licenses that do not reference a standard design certification or standard design approval to assess the effects of the impact of a large, commercial aircraft on the nuclear power plant. Based on the insights gained from this assessment, the applicant shall include in its application a description and evaluation of design features, functional capabilities, and strategies to avoid or mitigate, to the extent practicable, the effects of the aircraft impact with reduced reliance on operator actions. The impact of a large, commercial aircraft is a beyond-design- basis event, and the NRC's requirements applicable to the design, construction, testing, operation, and maintenance of design features, functional capabilities, and strategies for design basis events would not be applicable to design features, functional capabilities, or strategies selected by the applicant solely to meet the requirements of this rule. The objective of this rule is to require nuclear power plant designers to perform a rigorous assessment of design features that could provide additional inherent protection to avoid or mitigate, to the extent practicable, the effects of an aircraft impact, with reduced reliance on operator actions.