Federal Regulatory Agencies
News releases, reports, statements and associated documents from federal regulatory agencies ranging from the Securities Exchange Commission to the Commodities Futures Trading Commission
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USITC Institutes Section 337 Investigation of Certain Filament Light-Emitting Diodes and Products Containing Same
WASHINGTON, Sept. 30 -- The U.S. International Trade Commission issued the following news release:
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain filament light-emitting diodes and products containing same (II). The products at issue in the investigation are described in the Commission's notice of investigation.
The investigation is based on a complaint filed by The Regents of the University of California of Oakland, CA, on August 31, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the
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WASHINGTON, Sept. 30 -- The U.S. International Trade Commission issued the following news release:
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain filament light-emitting diodes and products containing same (II). The products at issue in the investigation are described in the Commission's notice of investigation.
The investigation is based on a complaint filed by The Regents of the University of California of Oakland, CA, on August 31, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into theUnited States and sale of certain filament light-emitting diodes and products containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
General Electric Company of Boston, MA;
Consumer Lighting (U.S.) LLC d/b/a GE Lighting of East Cleveland, OH;
Savant Systems, Inc., of Hyannis, MA;
Home Depot Product Authority, LLC, of Atlanta, GA;
Home Depot U.S.A., Inc., of Atlanta, GA;
The Home Depot, Inc., of Atlanta, GA;
Feit Electric Company, Inc., of Pico Rivera, CA;
Satco Products, Inc., of Brentwood, NY;
IKEA Supply AG of Pratteln, Switzerland;
IKEA U.S. Retail LLC of Conshohocken, PA; and
IKEA of Sweden AB of Almhult, Sweden.
By instituting this investigation (337-TA-1220), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
NRC Issues Event Notification 54918 for Sequoyah in Tennessee
WASHINGTON, Sept. 30 -- The Nuclear Regulatory Commission issued the following event notification (No. 54918) involving Sequoyah, Tennessee:
OFFSITE NOTIFICATION - OIL SPILL
"On 9/28/20 at 1143 EDT, a notification to the National Response Center was made after discovery of a visible oil sheen on the waters of the U.S. (Sequoyah's side of the intake forebay skimmer wall at the Essential Raw Cooling Water (ERCW) building). The source was an oil bucket that overflowed with rain at the ERCW pumping station. Efforts are in progress to eliminate all other potential sources of oil at the station that
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WASHINGTON, Sept. 30 -- The Nuclear Regulatory Commission issued the following event notification (No. 54918) involving Sequoyah, Tennessee:
OFFSITE NOTIFICATION - OIL SPILL
"On 9/28/20 at 1143 EDT, a notification to the National Response Center was made after discovery of a visible oil sheen on the waters of the U.S. (Sequoyah's side of the intake forebay skimmer wall at the Essential Raw Cooling Water (ERCW) building). The source was an oil bucket that overflowed with rain at the ERCW pumping station. Efforts are in progress to eliminate all other potential sources of oil at the station thatcould be released to the environment. Estimate of volume spilled is less than one quart.
"The following agencies have also been notified:
- EPA Region 4
- Tennessee Emergency Management Agency (TEMA)
- Tennessee Department of Environment and Conservation (TDEC).
"Cleanup is in progress. Measures to prevent recurrence are being taken.
"This is a four-hour notification, non-emergency for a notification of other government agency. This event is reportable in accordance with 10 CFR 50.72(b)(2)(xi). The NRC Resident Inspector has been notified."
Power Reactor
Event Number: 54918
Facility: Sequoyah
Region: 2
State: TN
Unit: [1] [2] []
RX Type: [1] W-4-LP,[2] W-4-LP
NRC Notified By: Scott Seal
HQ OPS Officer: Jeffrey Whited
Notification Date: 09/28/2020
Notification Time: 14:39 [ET]
Event Date: 09/28/2020
Event Time: 11:43 [EDT]
Last Update Date: 09/28/2020
Emergency Class: Non Emergency
10 CFR Section:
50.72(b)(2)(xi) - Offsite Notification
Person (Organization):
MARK MILLER (R2DO)
Table omitted: https://www.nrc.gov/reading-rm/doc-collections/event-status/event/2020/20200929en.html#en54918
NRC Issues Event Notification 51626 for Jacobs Engineering Group in Tampa
WASHINGTON, Sept. 30 -- The Nuclear Regulatory Commission issued the following event notification (No. 51626) involving Jacobs Engineering Group, Tampa:
EN Revision Imported Date : 9/29/2020
EN Revision Text: AGREEMENT STATE REPORT - STOLEN TROXLER GAUGE
The following report was received from the State of Florida via email:
"At approximately 0800 [EST], a construction 'con-x box' was found with a padlock and chain cut off. The Troxler Gauge Model No. 3440, Ser. No. 70830 was found missing. The incident was immediately reported to [the licensee Radiation Safety Officer], who reported the incident
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WASHINGTON, Sept. 30 -- The Nuclear Regulatory Commission issued the following event notification (No. 51626) involving Jacobs Engineering Group, Tampa:
EN Revision Imported Date : 9/29/2020
EN Revision Text: AGREEMENT STATE REPORT - STOLEN TROXLER GAUGE
The following report was received from the State of Florida via email:
"At approximately 0800 [EST], a construction 'con-x box' was found with a padlock and chain cut off. The Troxler Gauge Model No. 3440, Ser. No. 70830 was found missing. The incident was immediately reported to [the licensee Radiation Safety Officer], who reported the incidentto BRC [Bureau of Radiation Control]. [The licensee Radiation Safety Officer] reported the theft to law enforcement."
The gauge contains 8 mCi of Cs-137 and 40 mCi of Am-241/Be.
* * * UPDATE ON 09/28/2020 AT 1834 EDT FROM MATTHEW SENISON TO JEFFREY WHITED * * *
The following is a summary of an email received from the State of Florida:
The Bureau of Radiation Protection (BRP) was notified on September 28, 2020, that the gauge was listed for sale on Ebay on September 23, 2020 from Hialeah, FL, and is still listed. BRP contacted the Hialeah Police Department.
Notified R1DO (Arner), NMSS Events Notification, and ILTAB via email.
Incident Number: FL15-135
THIS MATERIAL EVENT CONTAINS A "LESS THAN CAT 3" LEVEL OF RADIOACTIVE MATERIAL
Sources that are "Less than IAEA Category 3 sources," are either sources that are very unlikely to cause permanent injury to individuals or contain a very small amount of radioactive material that would not cause any permanent injury. Some of these sources, such as moisture density gauges or thickness gauges that are Category 4, the amount of unshielded radioactive material, if not safely managed or securely protected, could possibly - although it is unlikely - temporarily injure someone who handled it or were otherwise in contact with it, or who were close to it for a period of many weeks. For additional information go to http://www-pub.iaea.org/MTCD/publications/PDF/Pub1227_web.pdf
Agreement State
Event Number: 51626
Rep Org: FLORIDA BUREAU OF RADIATION CONTROL
Licensee: JACOBS ENGINEERING GROUP, INC
Region: 1
City: TAMPA
State: FL
County:
License #: 4282-1
Agreement: Y
Docket:
NRC Notified By: PAUL NORMAN
HQ OPS Officer: DONG HWA PARK
Notification Date: 12/29/2015
Notification Time: 13:36 [ET]
Event Date: 12/29/2015
Event Time: 08:00 [EST]
Last Update Date: 09/28/2020
Emergency Class: Non Emergency
10 CFR Section:
Agreement State
Person (Organization):
RAY MCKINLEY (R1DO)
NMSS_EVENTS_NOTIFICATION (EMAIL)
ILTAB (EMAIL)
This material event contains a "Less than Cat 3" level of radioactive material.
Litigation: SEC Vs. Corbin L. Lambert - SEC Charges Nebraska-Based Investment Adviser Representative for Conducting Fraudulent 'Cherry-Picking' Scheme
WASHINGTON, Sept. 30 -- The Securities and Exchange Commission issued the following litigation release (No. 4:20-cv-03116; D. Neb. filed September 28, 2020):
The Securities and Exchange Commission today charged Lincoln, Nebraska resident Corbin L. Lambert, the former CEO of Continuum Financial, LLC, a Nebraska-registered investment advisory firm, for conducting a cherry-picking scheme that defrauded his clients.
According to the SEC's complaint, from at least January 2017 through March 2018, Lambert placed options trades using Continuum Financial's omnibus account, which is intended to facilitate
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WASHINGTON, Sept. 30 -- The Securities and Exchange Commission issued the following litigation release (No. 4:20-cv-03116; D. Neb. filed September 28, 2020):
The Securities and Exchange Commission today charged Lincoln, Nebraska resident Corbin L. Lambert, the former CEO of Continuum Financial, LLC, a Nebraska-registered investment advisory firm, for conducting a cherry-picking scheme that defrauded his clients.
According to the SEC's complaint, from at least January 2017 through March 2018, Lambert placed options trades using Continuum Financial's omnibus account, which is intended to facilitatepurchases of securities for multiple client accounts, and delayed allocating the securities to specific client accounts until he had observed the securities' performance over the course of the day. The complaint alleges that he then disproportionately cherry-picked the profitable trades to be allocated to his personal account and allocated the unprofitable trades to his clients' accounts. As alleged in the complaint, Lambert misrepresented to clients that all trades would be allocated in a fair and equitable manner. According to the complaint, Lambert concealed his misconduct from the other principals of Continuum Financial.
The SEC's complaint, filed in the U.S. District Court for the District of Nebraska, charges Lambert with violating the antifraud provisions of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, Sections 17(a)(1) and 17(a)(2) of the Securities Act of 1933, and Sections 206(1) and 206(2) of the Investment Advisers Act of 1940.
The SEC's investigation was conducted by Kathryn Wanner and supervised by Robert Conrrad, with assistance from Eugene Orlov and Raymond Wolff in the Division of Economic and Risk Analysis. The litigation will be led by Kathryn Wanner and supervised by Amy Longo.
FDIC: Treatment of Certain Emergency Facilities in the Regulatory Capital Rule and the Liquidity Coverage Ratio Rule
WASHINGTON, Sept. 30 -- The Federal Deposit Insurance Corporation issued the following financial institution letter (No. FIL-93-2020):
Summary:
The FDIC, the Board of Governors of the Federal Reserve System (Federal Reserve), and the Office of the Comptroller of the Currency (the Agencies) are adopting as final the revisions to the regulatory capital rule and the liquidity coverage ratio (LCR) rule to facilitate the use of the Money Market Mutual Fund Liquidity Facility (MMLF) and the Paycheck Protection Program Liquidity Facility (PPPLF).
Statement of Applicability to Institutions with Total
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WASHINGTON, Sept. 30 -- The Federal Deposit Insurance Corporation issued the following financial institution letter (No. FIL-93-2020):
Summary:
The FDIC, the Board of Governors of the Federal Reserve System (Federal Reserve), and the Office of the Comptroller of the Currency (the Agencies) are adopting as final the revisions to the regulatory capital rule and the liquidity coverage ratio (LCR) rule to facilitate the use of the Money Market Mutual Fund Liquidity Facility (MMLF) and the Paycheck Protection Program Liquidity Facility (PPPLF).
Statement of Applicability to Institutions with TotalAssets Under $1 Billion: This Financial Institution Letter (FIL) is applicable to all FDIC-supervised institutions that participate in the MMLF or PPPLF.
Highlights:
* Earlier this year, the Federal Reserve launched several lending facilities to support the economy in light of the coronavirus response, including the MMLF and PPPLF.
* The Agencies revised the regulatory capital rule and the LCR rule to facilitate the use of the MMLF and PPPLF through three interim final rules (IFRs), published in the Federal Register on March 23, April 13, and May 6, 2020. The Agencies are adopting these IFRs as final with no changes.
* Under the IFRs and this final rule, banking organizations may neutralize the regulatory capital effects of participating in the MMLF and the PPPLF. Banking organizations also are required to neutralize the LCR effects of participating in the MMLF and the PPPLF. In addition, Paycheck Protection Program loans receive a zero percent risk weight under the Agencies' regulatory capital rules.
Distribution:
FDIC-Supervised Institutions
Suggested Routing:
Chief Executive Officer
Chief Financial Officer
Chief Risk Officer
Attachment:
Treatment of Certain Emergency Facilities in the Regulatory Capital Rule and the Liquidity Coverage Ratio Rule: https://www.fdic.gov/news/board/2020/2020-09-15-notice-sum-b-fr.pdf
FCC Eliminates Outdated Cable Operator Interest Records Rules
WASHINGTON, Sept. 30 -- The Federal Communications Commission issued the following news release on Sept. 29:
The Federal Communications Commission today adopted a Report and Order eliminating the requirement that cable operators maintain records in their online public inspection files regarding their interests in video programming services.
The Order also eliminates the related requirement that cable operators maintain in their online public inspection files information regarding their carriage of these services on cable systems they own.
These requirements contained in section 76.1710 of the
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WASHINGTON, Sept. 30 -- The Federal Communications Commission issued the following news release on Sept. 29:
The Federal Communications Commission today adopted a Report and Order eliminating the requirement that cable operators maintain records in their online public inspection files regarding their interests in video programming services.
The Order also eliminates the related requirement that cable operators maintain in their online public inspection files information regarding their carriage of these services on cable systems they own.
These requirements contained in section 76.1710 of theCommission's rules were adopted over 25 years ago to help police compliance with the Commission's channel occupancy limits. However, these limits were reversed and remanded by the U.S. Court of Appeals for the D.C. Circuit in 2001, and the Commission has previously determined that no sound evidence or methodology has been offered for establishing new limits.
Given that these requirements no longer serve their intended purpose and the information covered by the rule can be obtained from sources other than public inspection files, the Commission voted to remove this unnecessary and outdated regulatory burden on cable operators. This action is the Commission's 24th order in its Modernization of Media Regulation Initiative.
Dollar Tree Distribution, Inc. Sued by EEOC for Disability Discrimination
SEATTLE, Washington, Sept. 30 -- The Equal Employment Opportunity Commission issued the following news release on Sept. 29:
Dollar Tree Distribution, Inc., violated federal law when it failed to accommodate or hire a deaf applicant for an entry level warehouse job at its Ridgefield, Washington facility, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed today.
According to the EEOC, a Dollar Tree Distribution supervisor deliberately conducted the interview in a manner in which the applicant could not fully understand the supervisor, even though the applicant had
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SEATTLE, Washington, Sept. 30 -- The Equal Employment Opportunity Commission issued the following news release on Sept. 29:
Dollar Tree Distribution, Inc., violated federal law when it failed to accommodate or hire a deaf applicant for an entry level warehouse job at its Ridgefield, Washington facility, the U.S. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed today.
According to the EEOC, a Dollar Tree Distribution supervisor deliberately conducted the interview in a manner in which the applicant could not fully understand the supervisor, even though the applicant hadclearly identified himself as deaf and wore visible hearing aids. The supervisor also failed to respond to questions from the applicant about potential accommodations that would enable him to do the work if hired. The company later notified the applicant that he had not been hired, even though records show that in the same month it hired many other applicants without hearing impairments.
Under the Americans with Disabilities Act (ADA), it is illegal to ignore a deaf applicant's request for an accommodation and to refuse to hire an applicant because of his disability. After first attempting to reach a voluntary settlement through conciliation, the EEOC filed the lawsuit (EEOC v. Dollar Tree Distribution, Inc., Civil No. 3:20-cv-05959) in U.S. District Court for the Western District of Washington, and seeks monetary damages on behalf of the deaf applicant, training on anti-discrimination laws, posting of notices at the work site, and other injunctive relief.
"The ADA is a promise that applicants with disabilities will be given the full opportunity to prove their capabilities and contribute to this nation," said Nancy Sienko, director of the EEOC's Seattle Field Office. "To disregard an applicant's request for an accommodation during the interview sabotages that person's opportunity to compete on a level playing field."
"Congress enacted the ADA to remove barriers that keep qualified people with physical or mental disabilities out of the work force," said EEOC Supervisory Trial Attorney John Stanley. "We hope this lawsuit will highlight the importance of ensuring that all staff involved in recruiting and hiring understand how to respond to a disability accommodation request."
Dollar Tree Distribution is a wholly owned subsidiary of Dollar Tree, Inc., a nationwide retailer headquartered in Virginia with 15,237 store locations throughout the United States and Canada. Dollar Tree Distribution, Inc. employed approximately 600 employees at twelve distribution centers in the U.S. in 2019.
The EEOC enforces federal laws prohibiting employment discrimination in the public and private sectors.
