Revisions to Rules 144 and 145
Rule 144 under the Securities Act of 1933 creates a safe harbor for the sale of securities under the exemption set forth in Section 4(1) of the Securities Act. We are shortening the holding period requirement under Rule 144 for ``restricted securities'' of issuers that are subject to the reporting requirements of the Securities Exchange Act of 1934 to six months. Restricted securities of issuers that are not subject to the Exchange Act reporting requirements will continue to be subject to a one-year holding period prior to any public resale. The amendments also substantially reduce the restrictions applicable to the resale of securities by non-affiliates. In addition, the amendments simplify the Preliminary Note to Rule 144, amend the manner of sale requirements and eliminate them with respect to debt securities, amend the volume limitations for debt securities, increase the Form 144 filing thresholds, and codify several staff interpretive positions that relate to Rule 144. Finally, we are eliminating the presumptive underwriter provision in Securities Act Rule 145, except for transactions involving a shell company, and revising the resale requirements in Rule 145(d). We believe that the amendments will increase the liquidity of privately sold securities and decrease the cost of capital for all issuers without compromising investor protection.
Sally Shaw; Denial of Petition for Rulemaking
The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM) submitted by Sally Shaw on June 23, 2006. The petition, docketed as PRM-51-11, requests that the NRC prepare a rulemaking to reconcile NUREG-1437, ``Generic Environmental Impact Statement for License Renewal of Nuclear Plants'' (May 1996) (GEIS), for nuclear power plant operating license renewal applications with the National Academy of Sciences' (NAS), ``Health Risks From Exposure to Low Levels of Ionizing Radiation: Biological Effects of Ionizing Radiation (BEIR) VII, Phase 2,'' Seventh Ed., 2005 report. The petitioner believes that this action is necessary because the BEIR VII report represents new and significant information on radiation standards and risk factors that must be reflected in NRC's GEIS. Although the NRC recognizes that the petition highlighted that BEIR VII contains a more refined risk assessment based on additional medical data and a better dosimetry system, the NRC is denying PRM-51-11 because it does not provide significant information or arguments that were not previously considered by the Commission.
Independent External Review Panel To Identify Vulnerabilities in the U.S. Nuclear Regulatory Commission's Materials Licensing Program: Meeting Notice
NRC will convene a meeting of the Independent External Review Panel to Identify Vulnerabilities in the U.S. Nuclear Regulatory Commission's (NRC) Materials Licensing Program from January 8 through January 11, 2008. A sample of agenda items to be discussed during the public session includes: (1) The NRC's basis for classifying Category 3.5 sources; (2) Web-based Licensing; (3) National Source Tracking System; and (4) source security. A copy of the agenda for the meeting can be obtained by e-mailing Mr. Aaron T. McCraw at the contact information below. Purpose: Continue the panel's assessment of the NRC's licensing program by exploring Web-based Licensing, the National Source Tracking System, and the NRC's measures to enhance source security. Date and Time for Closed Sessions: January 11, 2008, from 9 a.m. to 12 p.m. This session will be closed so that NRC staff and the Review Panel can discuss safeguards information and pre-decisional information pursuant to 5 U.S.C. 552b (c)(3) and 5 U.S.C. 552b (c)(9)(B), respectively. Date and Time for Open Sessions: January 8, 2008, from 2 p.m. to 4:30 p.m.; and January 9-10, from 9 a.m. to 4:30 p.m. Address for Public Meeting: U.S. Nuclear Regulatory Commission, Two White Flint North Building, 11545 Rockville Pike, Rockville, Maryland 20852. Specific room locations will be indicated for each day on the agenda. Public Participation: Any member of the public who wishes to participate in the meeting should contact Mr. McCraw using the information below. Contact Information: Aaron T. McCraw, e-mail: firstname.lastname@example.org, telephone: (301) 415-1277.
Request for Public Comment on Short Supply Petition under the North American Free Trade Agreement (NAFTA)
On October 16, 2007, the Chairman of CITA received a request from the National Textile Association (NTA), alleging that certain rayon fibers (other than ``lyocell'') cannot be supplied by the domestic industry in commercial quantities in a timely manner and requesting that CITA consider whether the North American Free Trade Agreement (NAFTA) rule of origin for textile filaments, staple yarns, and woven fabrics, classified under chapters 52, 54 and 55 of the Harmonized Tariff Schedule of the United States (HTSUS) and nonwoven and other textile articles of chapter 56, should be modified to allow the use of non-North American rayon fibers (other than ``lyocell''). CITA is also considering a broad change in the rule of origin for all other textile products to allow the use of non-North American rayon fibers (other than ``lyocell''). The President may proclaim a modification to the NAFTA rules of origin under these circumstances to implement an agreement with the other NAFTA countries on the modification. CITA hereby solicits public comments on this request, in particular with regard to whether rayon fibers (other than ``lyocell'') can be supplied by the domestic industry in commercial quantities in a timely manner. Comments must be submitted by (January 14, 2008 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, Washington, DC 20230.
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991
In this document, the Commission tentatively concludes that it should amend the Commission's rules under the Telephone Consumer Protection Act (TCPA) to require telemarketers to honor registrations with the National Do-Not-Call Registry so that registrations will not automatically expire based on the five year registration period. The Commission proposes extending this requirement indefinitely to minimize the inconvenience to consumers of having to re-register their preferences not to receive telemarketing calls and to further the underlying goal of the National Registry to protect consumer privacy rights. Also in this document, the Commission seeks comment on this tentative conclusion and on how best to coordinate this rule change with the Federal Trade Commission (FTC).
Submission for OMB Review; Comment Request for Review of a Revised Information Collection: RI 98-7
In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget (OMB) a request for review of a revised information collection. RI 98-7, We Need Important Information About Your Eligibility for Social Security Disability Benefits, is used by OPM to verify receipt of Social Security Administration (SSA) disability benefits, to lessen or avoid overpayment to Federal Employees Retirement System (FERS) disability retirees. It notifies the annuitant of the responsibility to notify OPM if SSA benefits begin and the overpayment that will occur with the receipt of both benefits. Approximately 3,000 RI 98-7 forms will be completed annually. The form takes approximately 5 minutes to complete. The annual burden is 250 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, Fax (202) 418-3251 or via e-mail to MaryBeth.Smith- Toomey@opm.gov. Please include a mailing address with your request.
Humanities Panel Federal Advisory Committee; Notice of Charter Renewal
Under the provisions of the Federal Advisory Committee Act of 1972, 5 U.S.C. App. 2 (Pub. L. 92-463, 86 Stat. 770), as amended, the National Endowment for the Humanities (NEH) gives notice that it will renew the charter for the Humanities Panel for 2 years from December 29, 2007 to December 29, 2009. The Chairman of NEH has determined that the renewal of the Humanities Panel is necessary and in the public interest in connection with the performance of duties imposed upon the Chairman of NEH by the Federal Advisory Committee Act of 1972, 5 U.S.C. App. 3(2) (Pub. L. 92-463, 86. Stat. 770), as amended, and section 10(a)(4) of the National Foundation on the Arts and the Humanities Act of 1965, 20 U.S.C. 959(a)(4), as amended.
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
The U.S. Small Business Administration (SBA) is considering granting a request for a waiver of the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing. According to the request, no small business manufacturers supply these classes of products to the Federal Government. If granted, the waiver would allow otherwise qualified regular dealers to supply the products of any domestic manufacturer on a Federal contract set aside for small businesses; service-disabled veteran-owned small businesses or SBA's 8(a) Business Development Program.
Disaster Declaration #11122 and #11123; Oregon Disaster #OR-00023
This is a Notice of the Presidential declaration of a major disaster for the State of Oregon (FEMA-1733-DR), dated 12/09/2007. Incident: Severe Storms and Flooding. Incident Period: 12/01/2007 and continuing.
Disaster Declaration #11124 and #11125; Washington Disaster #WA-00015
This is a Notice of the Presidential declaration of a major disaster for the State of WASHINGTON (FEMA-1734-DR), dated 12/09/2007. Incident: Severe Storms and Flooding. Incident Period: 12/01/2007 and continuing.
Proposed Personnel Demonstration Project; Performance-Based Pay Adjustments in the U.S. Department of Education/Federal Student Aid
Chapter 47 of title 5, United States Code, authorizes the U.S. Office of Personnel Management (OPM), directly or in agreement with one or more agencies, to conduct demonstration projects that experiment with new and different human resources management concepts to determine whether changes in human resources policy or procedures would result in improved Federal human resources management. The U.S. Department of Education/Federal Student Aid and OPM propose to test a performance- based pay system within open pay ranges linked to the corresponding minimum and maximum rates for the grades of the General Schedule pay structure. Section 4703 of title 5 requires OPM to publish the proposed project plan in the Federal Register. This notice fulfills that requirement.
Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in January 2008. Interest assumptions are also published on the PBGC's Web site (http://www.pbgc.gov).
Required Interest Rate Assumption for Determining Variable-Rate Premium for Single-Employer Plans; Interest Assumptions for Multiemployer Plan Valuations Following Mass Withdrawal
This notice informs the public of the interest rates and assumptions to be used under certain Pension Benefit Guaranty Corporation regulations. These rates and assumptions are published elsewhere (or can be derived from rates published elsewhere), but are collected and published in this notice for the convenience of the public. Interest rates are also published on the PBGC's Web site (http://www.pbgc.gov).
Paperwork Reduction Act of 1995, as Amended by Public Law 104-13; Submission for OMB Review; Comment Request
The proposed information collection described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). The Tennessee Valley Authority is soliciting public comments on this proposed collection as provided by 5 CFR Section 1320.8(d)(1). Requests for information, including copies of the information collection proposed and supporting documentation, should be directed to the Agency Clearance Officer: Alice D. Witt, Tennessee Valley Authority, 1101 Market Street (EB 5B), Chattanooga, Tennessee 37402-2801; (423) 751-6832. (SC: 0009BL5) Comments should be sent to the OMB, Office of Information and Regulatory Affairs, Attention: Desk Officer for Tennessee Valley Authority no later than January 14, 2008.
Procurement List; Additions and Deletions
This action adds to the Procurement List services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List a product and services previously furnished by such agencies.
Procurement List; Proposed Addition and Deletion
The Committee is proposing to add to the Procurement List a product to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete a service previously furnished by such agencies. Comments Must Be Received on or Before: January 13, 2008.
Truth in Lending
The Board is revising the official staff commentary to Regulation Z, which implements the Truth in Lending Act, to clarify an amendment published on November 9, 2007. The clarification and the earlier amendment relate to the electronic delivery of disclosures under Regulation Z.
Equal Credit Opportunity
The Board is revising the official staff commentary to Regulation B, which implements the Equal Credit Opportunity Act, to clarify an amendment published on November 9, 2007. The clarification and the earlier amendment relate to the electronic delivery of disclosures under Regulation B.
Exelon Generation Comany, LLC; Biweekly Notice; Application for Amendment to the Facility Operating License Involving Proposed No Significant Hazards Considerations; Correction
This document corrects a notice appearing in the Federal Register on November 20, 2007 (72 FR 65375), that incorrectly identified the amendment numbers for Byron Station, Unit Nos. 1 and 2, and Braidwood Station, Units 1 and 2. This action is necessary to correct the erroneous amendment numbers.
Agency Information Collection Activities: Proposed Collection; Comment Request
The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: NUREG/BR-0238, Materials Annual Fee Billing Handbook. NRC Form 628, ``Financial EDI Authorization''. NUREG/BR-0254, Payment Methods. NRC Form 629, ``Authorization for Payment by Credit Card''. 2. Current OMB approval number: 3150-0190. 3. How often the collection is required: Annually. 4. Who is required or asked to report: Anyone doing business with the Nuclear Regulatory Commission including licensees, applicants and individuals who are required to pay a fee for inspections and licenses. 5. The number of annual respondents: 466 (10 for NRC Form 628 and 456 for NRC Form 629 and NUREG/BR-0254). 6. The number of hours needed annually to complete the requirement or request: 38 (.8 hour for NRC Form 628 and 37 hours for NRC Form 629 and NUREG/BR-0254). 7. Abstract: The U.S. Department of the Treasury encourages the public to pay monies owed the government through use of the Automated Clearinghouse Network and credit cards. These two methods of payment are used by licensees, applicants, and individuals to pay civil penalties, full cost licensing fees, and inspection fees to the NRC. The NRC Form 628, ``Financial EDI Authorization,'' provides an option to make electronic payment through the Automated Clearinghouse (ACH) Network and authorizes the licensee's bank to pay invoices to the NRC through the ACH. The NRC Form 628 requests the licensee's name, electronic funds transfer contact, telephone number, address, authorized signature and title. NRC Form 629, ``Authorization for Payment by Credit Card,'' is another option used to authorize payment. The credit card authorization form is used by licensees to authorize payment by credit card for license fees and for payment of fees for fingerprint cards, and solicits information that identifies the cardholder's name, address, account number, card expiration date, cards accepted, cardholder's signature, invoice number or license number. There are no record keeping requirements associated with this collection. Submit, by February 11, 2008, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: http:// www.nrc.gov/public-involve/doc-comment/omb/index.html. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.
Agency Forms Submitted for OMB Review, Request for Comments
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding an Information Collection Request (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB) to request a revision to a currently approved collection of information: 3220-0185, Report of Medicaid State Office on Beneficiary's In Status consisting of Form RL- 380-F, Report to State Medicaid Office. Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collection of information to determine (1) the practical utility of the collection; (2) the accuracy of the estimated burden of the collection; (3) ways to enhance the quality, utility and clarity of the information that is the subject of collection; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if RRB and OIRA receive them within 30 days of publication date. Under Section 7(d) of the Railroad Retirement Act, the RRB administers the Medicare program for persons covered by the railroad retirement system. Under Section 1843 of the Social Security Act, states may enter into ``buy-in agreements'' with the Secretary of Health and Human Services for the purpose of enrolling certain groups of low-income individuals under the Medicare medical insurance (Part B) program and paying the premiums for their insurance coverage. Generally, these individuals are categorically needy under Medicaid and meet the eligibility requirements for Medicare Part B. States can also include in their buy-in agreements, individuals who are eligible for medical assistance only. The RRB uses Form RL-380-F, Report to State Medicaid Office, to obtain information needed to determine if certain railroad beneficiaries are entitled to receive Supplementary Medical Insurance program coverage under a state buy-in agreement in states in which they reside. Completion of Form RL-380-F is voluntary. One response is received from each respondent. At the request of various state Medicaid offices, the RRB proposes revisions to Form RL-380-F to add items requesting a beneficiary's Part A and Part B effective date. The new information will assist them in locating pertinent records of the subject beneficiary. Other minor non- burden impacting editorial changes are proposed. Previous Requests for Comments: The RRB has already published the initial 60-day notice (72 FR 57078 on October 5, 2007) required by 44 U.S.C. 3506(c)(2). That request elicited no comments.
Notice of Intent To Grant Exclusive License
This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant an exclusive license in the United States to practice the invention described and claimed in U.S. Patent No. 6,667,725, Radio Frequency Telemetry System for Sensors and Actuators, and U.S. Patent No. 7,191,013, Hand Held Device for Wireless Powering and Interrogation of BioMEMS Sensors and Actuators to Endotronix having its principal place of business in Peoria, Illinois. The patent rights in these inventions have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.
Notice of Intent To Grant Partially Exclusive License
This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant a partially exclusive license in the United States to practice the invention described and claimed in U.S. Patent Application Serial No.10/385,168 entitled Phase/Matrix Transformation Weld Process and Apparatus and NASA Case No. MFS-31559-1-DIV to Keystone Synergistic Enterprises, Inc. having its principal place of business in Port St. Lucie, Florida. The patent rights in this invention have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective partially exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.
Notice of Intent To Grant a Partially Exclusive License
This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant a partially exclusive license in the United States to practice the invention described and claimed in U.S. Patent Application Serial No. 11/543,284 entitled Fiber Optic Liquid Mass Flow Sensor and Method and NASA Case No. MFS-32031-1 to Kratos Defense and Security Solutions having its principal place of business in San Diego, California. The patent rights in this invention have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective partially exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.
Customer Proprietary Network Information
The Commission adopted rules to implement section 222 of the Communications Act of 1934, as amended, which governs carriers' use and disclosure of customer proprietary network information. The rules in Sec. Sec. 64.2003, 64.2005, 64.2007, 64.2009, 64.2010, and 64.2011 required Office of Management and Budget approval and the Commission stated previously in its Federal Register publication that it would announce the effective date of these rules when approved. This document announces the effective date of these rules.
Review of the Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4 GHz Bands
Currently, Globalstar, Inc. (Globalstar) and Iridium Satellite LLC (Iridium) are the two operational providers of Mobile-Satellite Service (MSS) in the 1610-1626.5 MHz band (Big LEO L-band). By this decision, the Federal Communications Commission (Commission) revises the spectrum sharing plan between the two systems. Specifically, the Commission assigns Globalstar exclusive access to the 1610-1617.775 MHz segment of the L-band, assigns Iridium exclusive access to the 1618.725-1626.5 MHz segment, and assigns for sharing between the two MSS providers a small segment of the L-band, at 1617.775-1618.725 MHz.