Agencies and Commissions September 10, 2008 – Federal Register Recent Federal Regulation Documents
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Senior Executive Service Performance Review Board
This notice announces the membership of the Defense Nuclear Facilities Safety Board (DNFSB) Senior Executive Service (SES) Performance Review Board (PRB).
Exemption From Registration Under Section 12(G) of the Securities Exchange Act of 1934 for Foreign Private Issuers
We are adopting amendments to the rule that exempts a foreign private issuer from having to register a class of equity securities under Section 12(g) of the Securities Exchange Act of 1934 (``Exchange Act'') based on the submission to the Commission of certain information published by the issuer outside the United States. The exemption allows a foreign private issuer to have its equity securities traded in the U.S. over-the-counter market without registration under Section 12(g). The adopted rule amendments will eliminate the current written application and paper submission requirements under Rule 12g3-2(b) by automatically exempting from Exchange Act Section 12(g) a foreign private issuer that meets specified conditions. Those conditions will require an issuer to maintain a listing of its equity securities in its primary trading market located outside the United States, and require it to publish electronically in English specified non-United States disclosure documents. As a result, the adopted amendments should make it easier for U.S. investors to gain access to a foreign private issuer's material non-United States disclosure documents and thereby to make better informed decisions regarding whether to invest in that issuer's equity securities through the over-the-counter market in the United States or otherwise. As is currently the case, issuers must continue to register their securities under the Exchange Act to have them listed on a national securities exchange or traded on the OTC Bulletin Board.
Development of Devices Capable of Supporting Multiple Audio Entertainment Services
The Commission adopted a Memorandum Opinion and Order and Report and Order, FCC 08-178 (``Merger Order''), approving the transfer of various licenses and authorizations from XM Satellite Radio Holdings Inc. to Sirius Satellite Radio Inc., both licensees of Satellite Digital Audio Radio Service (``SDARS'') systems in the United States. In the Merger Order, the Commission committed to initiate a Notice of Inquiry (``NOI'') within 30 days of adoption of the Merger Order on the issues of requiring devices capable of receiving SDARS to include digital audio broadcast (``DAB''), or HD Radio\TM\, or any other technologies capable of providing audio entertainment services; and requiring devices capable of receiving HD Radio to include SDARS or any other technologies capable of providing audio entertainment services. With this proceeding, we initiate this NOI.
Privacy Act of 1974, System of Records
The United States Agency for International Development (USAID) is issuing public notice of its intent to establish a new system of records maintained in accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended, entitled ``USAID-028, Personnel Locator Systems.'' This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of record systems maintained by the agency (5 U.S.C. 522a(e)(4)).
NRC Enforcement Policy: Extension of Discretion Period of Interim Enforcement Policy
The U.S. Nuclear Regulatory Commission (NRC) is revising the NRC ``Interim Enforcement Policy Regarding Enforcement Discretion for Certain Fire Protection Issues'' (Title 10 of the Code of Federal Regulations (10 CFR) 50.48 ``Fire Protection''), which will allow a licensee the option to request an extended enforcement discretion period if they are pursuing transition to 10 CFR 50.48(c), ``National Fire Protection Association Standard NFPA 805.''
Filing Dates for the Ohio Special Election in the 11th Congressional District
Ohio has scheduled elections on October 14, 2008, and November 18, 2008, to fill the U.S. House of Representatives seat in the Eleventh Congressional District held by the late Representative Stephanie Tubbs Jones. Committees required to file reports in connection with the Special Primary Election on October 14, 2008, shall file a 12-day Pre-Primary Report. Committees required to file reports in connection with both the Special Primary and Special General Election on November 18, 2008, shall file a 12-day Pre-Primary Report, a 12-day Pre-General Report, and a 30-day Post-General Report.
Industry Codes and Standards; Amended Requirements
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to incorporate by reference the 2004 Edition of Section III, Division 1, and Section XI, Division 1, of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (BPV Code), and the 2004 Edition of the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code) to provide updated rules for constructing and inspecting components and testing pumps, valves, and dynamic restraints (snubbers) in light-water nuclear power plants. The NRC also is incorporating by reference ASME Code Cases N-722, ``Additional Examinations for PWR [pressurized water reactor (PWR)] Pressure Retaining Welds in Class 1 Components Fabricated with Alloy 600/82/182 Materials, Section XI, Division 1,'' and N-729-1, ``Alternative Examination Requirements for PWR Reactor Vessel Upper Heads With Nozzles Having Pressure-Retaining Partial-Penetration Welds, Section XI, Division 1,'' both with conditions. The amendment also removes certain obsolete requirements specified in the NRC's regulations. This action is in accordance with the NRC's policy to periodically update the regulations to incorporate by reference new editions and addenda of the ASME Codes and is intended to maintain the safety of nuclear reactors and make NRC activities more effective and efficient.
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