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Petition Tag - commission

1. Save Natural Healthcare

This petition aims to positively influence the approach the European Commission is taking in its efforts to regulate Complementary and Alternative Medicine across the 27 Member States of Europe.

Disproportionate, poorly thought-through legislation represents the single greatest threat to natural health care in the European Union.

Standards of education and training being proposed.
by the European Commission in its efforts to regulate Complementary and Alternative Medicine across the 27 Member States of Europe

The threshold entry route to the register will be through a Bachelor degree with Honours which is comparable to the majority of other medical professions.

Entry to the register may also be possible through possession of an appropriate Masters degree; this is consistent with other professions including physiotherapy, radiography and occupational therapy.
Overseas qualifications will need to be considered separately

We agree that some standards of training and practice should be applied, but to demand that a hairdresser, who is giving an Indian Head Massage must have Bachelor degree with Honours as a minimum qualification to do so is ludicrous.

EU Medicines Directive

“The loaded gun that can turn foods and supplements into illegal drugs”

Official reference: Directive 2001/83/EC, as amended, including Directive 2004/27/EC
30 April 2011, the EU’s Traditional Herbal Medicinal Products Directive (THMPD) came into force

EU Nutrition & Health Claims Regulation
“The greatest infringement on freedom of speech on foods - ever?”
Official reference: Regulation (EC) No 1924/2006, and amending acts

This is a legal framework for health claims that bans all general function claims on commercial foods. Covers claims in all media, including the written and spoken word, websites, pictorial representations and video
other than those approved by the European Food Safety Authority (EFSA)

There has never been a more important time for you to let your elected representatives,
both in the European Parliament and your own local politicians, know just how you feel.

Together We Can Save Natural Healthcare

Sign the petition now so that the Irish Government, European Commission and the European governments, are able to Hear how you feel about your rights to natural healthcare.

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2. Stop Dog-killer from Creating Sculpture for NY Public Library

Artist Tom Otterness has been commissioned by an unnamed donor to sculpt bronze lions at the Battery Park Branch of New York Public Library for $750,000. In 1977, Otterness was involved in another art project. He bought a shelter dog, chained it to a fence, shot it to death and filmed the murder in a movie he called 'Shot Dog Film.'

This crime has tainted any work he shows, publicly, and it would be a disgrace for the NY Public Library to let this project proceed.

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3. EUC bill against old-version blockings

This aims to get 1.000.000 EU citizens to sign a petition to have the EUC - EU Commission - make a Bill that demands for old versions, to be used on new versions, technology from the same company or carrying the same business name.

In expression, most users in the modern day world, have experienced, that things they bought not very long ago, are no longer functioning, either because it is an old version of a renewed item or because it cannot read the Data

PLEASE SPREAD THE WORD TO YOUR FELLOW FRIENDS AND FAMILY - WE NEED TO GET THE CONSUMERS POWER BACK AGAIN - regarding our right to use our bought products.

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4. Abolish FCC Censorship Regulation

"The Federal Communications Commission (FCC) is an independent United States government agency. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions."

The above is taken from the FCC's government website.

The FCC was originally used to monitor radio and television signals. We believe it has outgrown that and began it's catering toward special interest groups such as the Parents Television Council.

The PTC was founded by L. Brent Bozell III in 1995 in response to negative criticism towards the significant increase of sex, violence and profanity on primetime television.

We believe that FCC censorship has outlived it's purpose and call on parents to take action if you want to see freedom of speech thrive.

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5. Independent Rugby League Commission Now!

Want a game the fans own? A game that will be owned and administered by a non-profit company? A game where all profits in the future are retained for rugby league? Well sign the petition.

Independent Rugby League Commission Now Believes:
- That the word Independent is the key.
- That any jobs for mate’s scenario in the Commission - will be detrimental to the future of rugby league.
- That each authority needs to have an evenly weighted representation.
- That the focus is not only on the NRL but on continued game development and the survival of country rugby league.
- That the lesser state leagues in SA, WA, Vic, NT and Tas be heard.

Key people in Rugby League circles have for too long been saying “we have a great product” or “we are the best TV sport”. This means nothing if from the grass roots level to the elite level we don’t have a strategic plan. A plan to encourage kids to play, keep them in the game and show them that there is a path to professionalism that is not farcical and worth taking, a plan that shows a future and builds immunity from other sports. A great product and TV sport also means nothing if the games organisational structure and major bodies look like and work together like water and oil…. they just don’t mix. There’s the NRL, ARL, NSWRL, CRL, QRL, VRL, TRL, SARL, NTRL and WARL all pulling against each other in different directions up against entities like the “AFL Commission” who are heading full steam down their own strategic paths.

Rugby league supporters should not only be worried about their own clubs survival in today’s tough market but should be even more concerned about their games future. Rugby League and the NRL in particular are not just names or brands to us they are our social, sporting and daily grind/mental relief on life. I watched a great interview of the famous Australian surfer Mark Occhilupo. He said that Jack McCoy once told him that in life "You only need three things," he said, "someone to love, something to look forward to something to do." I bet those words sit true for Rugby League fans and their feeling about the game.

Before the 2010 NRL season all NRL clubs and Rugby League bodies agreed in principle to form an Independent Commission. It is now mid season and talk of an Independent Commission has stalled, gone silent, mouths shut etc and the silence is deafening.

I say lets get off our behinds and let the current bodies of our great game know that we as their customers are not happy. Let’s tell them that we want action, we want change and that we want the sleeping giant that is Rugby League to once again wake up and stand proud and tall. Let them know that we want an Independent Rugby League Commission!

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6. Stop Rezoning in Harmony Ridge

The City of Cottleville Planning and Zoning Commission is conducting a public hearing on April 7, 2010 at 7:00pm to review a request from Twin Eagles, LLC to rezone Lots M7 through M11 of "The Courtyards at Harmony Ridge" and the Future Development Parcel on plat “The Lofts at Harmony Ridge, a Condominium” recorded under PB 45 PG 303 for use as multi-family residential development and commercial development.

If approved, this will allow Twin Eagles, LLC to build a multi-story apartment/condo complex in the same area as the courtyards, adjacent to current homeowners.

This land was intended for courtyard homes, not a multi-story building, and goes against everything we were told this community would be when we bought our homes. Rezoning this land would have an immensely negative effect on the quality of life in the neighborhood.

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7. PETITION of The Residents of the City of Rutland, VT.

 Repeated pornography issues in & among the Rutland City Police Department.

 Lack of leadership & morale of/in the Rutland City Police Department.

 Lack of action as is required to do “on behalf of the City and betterment of the community,” by the Police Commission.

 Lack of transparency within the City government & offices.

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8. Ban Plastic Bags in FL and U.S.A.

“Data released by the United States Environmental Protection Agency shows that somewhere between 500 billion and a trillion plastic bags are consumed worldwide each year.”

-National Geographic News September 2, 2003

“Plastic bags account for over 10 percent of the debris washed up on the U.S. coastline.”

-National Marine Debris Monitoring Program

If just 1 out of 5 people in our country used a Bio bag we would save 1,330,560,000,000 bags over our life time.

A study in 1975, showed oceangoing vessels together dumped 8 million pounds of plastic annually. The real reason that the world's landfills weren't overflowing with plastic was because most of it ended up in an ocean-fill.

Ireland took the lead in Europe, taxing plastic bags in 2002 and have now reduced plastic bag consumption by 90%

- BBC News August 20, 2002

China will save 37 million barrels of oil each year due to their ban of free plastic bags

- CNN.com/asia January 9, 2008

Reducing plastic bags will decrease foreign oil dependency.

Bangladesh, China, Ireland, Rwanda, Israel, western India, Botswana, Kenya, Tanzania, South Africa, Taiwan, and Singapore have also banned or are moving toward banning the plastic bag.

- PlanetSave.com February 16, 2008

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9. Stop the London Transit Strike

On Monday, November 16 at 12:01 AM, the London Transit Strike commenced and plagues the residents of the City of London and students of the University of Western Ontario with a lack of transportation options.

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10. Revise the Felony Murder Rule

What’s Wrong With The Felony Murder Rule- Common Sense:

1. It is fundamentally unfair and in violation of basic principles of individual criminal culpability to hold one felon liable for the unseen and unagreed-to results of another felon’s action.

2. The felony murder rule operates as a matter of law upon proof of the intent to commit a felony to relieve the prosecution of its burden of proving intent to kill, which is a necessary element of murder.

3. The intention to commit a felony does not equal the intention to kill, nor is the intention to commit a felony, by itself, sufficient to establish a charge of murder.

4. The felony murder rule violates the Fourteenth Amendment’s guarantee of due process, more specifically, equal protection of the law, because no defense is allowed on the charge of first-degree murder, only the underlying felony.

5. The purpose of creating degrees of murder is to punish with increased severity the more culpable forms of murder, but an accidental or unknown killing during the commission or attempted commission of a felony is punished more severely than all other murder charges with exception to first degree murder.

6. The felony murder rule erodes the relation between criminal liability and moral culpability in that it punishes all homicides in the commission, or attempted commission, of the proscribed felonies, whether intentional, unintentional, or accidental, without proving the relation between the homicide and the perpetrator’s state of mind.

7. Holding one or many criminally liable for the bad results of an act which differs greatly from the intended results is based on a concept of culpability which is totally at odds with the general principles of jurisprudence.

8. The basic rule of culpability is further violated when felony murder is categorized as first-degree murder because all other first-degree murders (carrying equal punishment) require a showing of premeditation, deliberation, and willfulness, while felony murder only requires a showing of intent to do the underlying felony.

9. While the felony murder rule survives in California, and other states, the numerous modifications and restrictions of it by some states courts and legislatures throughout the United States reflect dissatisfaction with the basic harshness and injustice of the doctrine and call into question its continued existence.

10. The felony murder rule can be used by prosecutors in a manner so as to cause grossly disproportionate sentencing, depending on the circumstances of each individual case.

11. The felony murder rule is unconstitutional because the presumption of innocence is thrown out. The prosecutor must only prove intent to commit the original felony; once done, first degree murder attaches to the underlying felony even though intent, (mens rea,) to commit murder does not have to be proved.

12. The felony murder rule is unconstitutional because it violates the Eighth Amendment: cruel and unusual punishment, grossly disproportionate sentencing to the crime(s) actually committed.

13. The felony murder rule bears no rational relationship or equity in its two penalties, with the penalties of other California murder laws, including, at times, the charge of first-degree murder.

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11. Open letter on the Equal Opportunities Commission Bill

Dear friends,

We are writing to draw your attention to the Equal Opportunities Commission, Bill to be introduced by the Government, shortly. An important recommendation of the Sachar Committee Report (Report on Social, Economic and Educational Status of the Muslim Community of India), 2006 was the setting up of an Equal Opportunities Commission (EOC) in India. The Ministry of Minority Affairs set up a committee under the chairmanship of Dr. Menon to examine and determine the structure of an Equal Opportunity Commission. The Committee submitted its report in 2008, which proposed a draft Equal Opportunity Commission Bill (EOC Bill). The Government also set up an expert committee headed by Dr. Kundu to recommend an appropriate diversity index in living, education and work spaces.

We have drafted an open letter to the Ministry of Minority Affairs, highlighting some of the key concerns with the draft bill and demanding a wider public debate before it is introduced in Parliament. Once, endorsed, we will mail copies of the letter to the Ministry of Minority Affairs and the Prime Minister. We also hope to publish the text of the Open letter in atleast two national newspapers.

Do forward it to other organisations and individuals who would wish to sign the petition.

In Solidarity,

Centre for Study of Social Exclusion,
National Law School of India, Bangalore

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12. Preserve Bay Ridge Neighborhood

BCJ HOLDS, L.L.C. (Allen Edwin Homes) has applied to the Charter Township of Texas Planning Commission for approval of a Planned Unit Development (PUD). This proposal includes a request for rezoning (currently zoned R-2) due to substantial reductions in lot size. The reduction in lot size is due to their proposed 38.3 acres of preserved open space, including a perimeter trail that may provide beneficial neighborhood transition zones, and help retain access to open space recreation that Bay Ridge families currently enjoy in the undeveloped lot/field. Without the rezoning, the development would not include preserved open space, and would include a 216-lot subdivision (Comparison Plan), as opposed to a 237-lot subdivision (Preliminary Concept Development Plan). The Concept Plan, which includes the preserved open space, also calls for retaining the Bay Ridge Road and Bentley Drive cul-de-sacs.

However, the Township, County Road Commission, and Fire Department may or may not approve the retention of the two cul-de-sacs, in part based on Section 16-82(a)(1)b of the Zoning Ordinance under Subdivision Control, which requires that “the arrangement of streets shall provide for a continuation of existing streets from adjoining areas in the new subdivision.”

This Preserve Bay Ridge Neighborhood petition seeks approval from the Charter Township of Texas Planning Commission not to extend Bay Ridge Road and Bentley Drive into the new Concept Plan development, and to upgrade the existing cul-de-sacs as per recommendations provided by Thomas C. Wheat in his April 13, 2009 memorandum to the Planning Commission. This request is based on three important factors:

1. Concern that extending Bay Ridge Road and Bentley Drive as through-streets would degrade the quality of life, and decrease the safety of residents and children in the Bay Ridge neighborhood by increasing the speed and frequency of traffic to and from the new Rudgate Trails development.

2. Despite the lot size variance for the Concept Plan, we believe that integrating open space, or “green infrastructure,” in subdivision developments provides substantial quality of life and environmental benefits, including, but not limited to access to recreation lands; natural storm water runoff filtration and retention; wildlife habitat; and scenic beauty.

3. An adequate transition zone would help preserve the character and identity of the respective neighborhoods.

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13. Condemnation for the Brutal Killing of Mrs. Lilia de Vera's Family

We, the Filipinos residing in the Philippines and overseas, strongly condemn the brutal killing of Mrs. Lilia de Villa's husband and 7-year old daughter by policemen pursuing a robbery gang on Dec. 5, 2008 in Paranaque City. This wanton act of savagery and blatant disregard for "Rules of Engagement" by the very same policemen who are supposed to be the guardians of public safety show the ineptitude of our law enforcers and their utter disregard for human life.

According to the account of Mrs. de Vera "my husband's face was unrecognizable because he was shot in the head at close range while he was kneeling with his head bowed down. My daughter's young body was riddled with bullets, one hit her head, blowing her brains out, all from powerful guns and ammunition fired by the men in uniform on two innocent and defenseless persons." What was the only crime of the victims? They were mistaken for robbers while driving their SUV Crosswind in the vicinity of the shoot-out. Based on some eyewitness accounts, the police sprayed bullets on the van, despite the absence of any provocation from the van and in an effort to save their lives, Mr. De Vera grabbed his already bloodied daughter and run away from the van to seek cover from a parked jeepney. Nonetheless, he was shot at close range. How can one mistake a man clutching a bloodied girl for a robbery suspect? Or was this a case of eliminating the only witness who could pinpoint the killers of the girl?

As usual, after a few days in the news and as the victims are not well-known or influential persons in Philippine society, media stopped news coverage and the public is not aware whether the perpetrators of the crime have been brought to the bar of justice.

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14. L'IRTS de Reims peut discriminer au vu et au su de tous sans être inquiété

Mme Jadouy a été écartée par l'IRTS sans aucune raison valable de ses chances à un concours, les tribunaux ne veulent pas voir l'évidence !

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15. 230kV Transmission Line Golden Valley, Arizona

This petition is to the Arizona Corporation Commission regarding Unisource's proposed 230kV Transmission Line through Golden Valley, Arizona.

We are asking the Arizona Corporation Commission to look at alternative routes to the ones proposed by Unisource and Transcon.

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16. Aqua Missouri water & sewer proposed rate increase

Aqua Missouri, Inc. submitted a request to the Public Service Commission on December 7, 2007, to increase our water rate by 50.45% and sewer by 35.74%.

To our knowledge there have been no substantial renovations, repairs or modifications to our systems to constitute this type of rate increase.

Furthermore, this proposed increase would be financially devastating on our residents who are on fixed income and other low income families.

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17. Criminalize Begging and Panhandling in Malaysia

Dear Friends,

I would like to put an end to begging. I always wonder who these people are and how my money is going to be spent: Will it be used to pay for administration or directly in the helping of the needy? How will I know that this person is legitimate? As I ponder these questions, I feel pressured to give and when you give in doubt, you are insincere. Thus making the donation less altruistic than it should be.

I hate stealing of any kind, it robs you not only of material possessions but casts a shadowy cloud over humanity. It taketh away the sense of justice and mercy that the virtuous act of giving is supposed to uphold.

I have heard rumours of syndicates who use the disabled to arouse sympathy, of miscreants who feign incapacity to collect donations and of organisations who are fronts of criminal activity under the guise of religiousity and charity that fool the public. I have personally experienced individuals seeking donations who have been ‘endorsed’ by a letter from some authority. I often wondered why the government issue out such letters claiming the authenticity of these fund raisers, when tax payers have already contributed precisely to manage their welfare.

Therefore, I would like to put forward a programme to eliminate this potential menace by requesting:

1. The government to publicise its welfare programmes and encourage those who wish to help the needy nominate the candidate through proper channels.

2. The establishment of a Charities Commission to oversee the management of charity organisation and those seeking to solicit funds from the public.

3. To make public the names of all tax-exempt charity organisations and their Board of Directors. This task should be handled by a separate organisation (I dub it Charities Exchange) under the purview of the Home Ministry. Its function is to mirror Bursa Malaysia of maintaining adequate disclosure and accountability of the highest order.

4. To cease and desist of issuing of letters on government stationery purporting to allow and support individuals to collect funds from the public.

5. The establishment of policies and rules for soliciting donations.

6. To criminalise panhandling and begging.

I believe this is an issue of great concern to our national security. If you support the same, please sign the attached petition.

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18. Fair Sentencing for Crack Offenses

In an annual report sent to Congress Monday, the US Sentencing Commission announced it had amended federal sentencing guidelines to lower the sentences imposed on people convicted of federal crack cocaine offenses.

Unless Congress takes affirmative action to block the move, it will go into effect on November 1. The report also urged Congress to address the 100:1 sentencing disparity between crack and powder cocaine sentences.

Under the controversial crack laws, people convicted of distribution offenses involving five grams of the drug face five-year mandatory minimum prison sentences, while it takes 500 grams of powder cocaine to trigger the same penalty. Similarly, someone convicted of distributing more than 50 grams of crack faces a 10-year mandatory minimum sentence, while it would take five kilograms of powder cocaine to get the 10 years.

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19. Stop state repression of human rights defenders in India

"No one is going to give them their rights to live with dignity on a silver platter. They have to be extracted with force... We will have to strengthen ourselves to stop those who find it profitable to misuse authority and public funds. Perhaps the courts and the NGOs are the only solution", said Justice Venkatachaliah, former Chairperson of the National Human Rights Commission of India and former Chief Justice of India at a workshop on Human Rights of Marginalised and Tribal Communities.

This statement and the hope put in non-governmental organizations come as a surprise if one looks at the recent developments in different states of India. There are various non-governmental human rights organizations active India and many of them recently faced serious threats by the police and the political powers. Activists were arrested and false charges were filed.

Examples:
The most recent example is that of Subash Mohapatra, the director of the Forum for Fact-finding Documentation and Advocacy. He was arrested from the office of the Chhattisgarh State Human Rights Commission when submitting the reply asked by the Commission regarding a case of Dalit exploitation on July 17, 2007. Human Rights Commissions are meant to protect human rights and are not meant to be the site of its violation. False charges were filed under several sections of the Indian Penal Code (IPC).

Just a few days before his arrest, Amarnath Pandey, advocate and human rights defender from Chhattisgarh was charged with a false case on atrocities against the tribes (for whom he is providing legal service in courts). His life has been threatened many times by the police and he travels with a sign on the rear of his vehicle saying "Chhattisgarh Government may kill me in a fake encounter (extrajudicial killing)”.

Around the same date, on Saturday, 14 July 2007 Saroj Mohanty, poet and long-time activist with Prakrutik Sampad Surakhya Parishad (PSSP), which has been opposing the entry of large bauxite mining companies in Kashipur for over 15 years, has been arrested. Saroj was taken into custody at a railway station in Rayagada District. He is currently in judicial custody in Rayagada district jail. The charges against him are completely fabricated but serious. They include section 395 of the IPC (Dacoity), section 397 (Robbery or dacoity with attempt to cause death or grievous hurt), and section 450 (House trespass with intention to commit offence that is punishable with imprisonment for life).

Brijesh Bilathare, advocate and human rights defender from Madhya Pradesh, had false charges filed against him on 6 June 2007 stating he was obstructing a public servant discharging his duty.

Dr. Binayak Sen, senior human rights activist, was arrested on May 14, 2007 by Chattisgarh police. He is General Secretary, People's Union for Civil Liberties, Chattisgarh and its national vice president. He was detained under the provisions of two highly controversial laws: The Chhattisgarh Special Public Security Act, 2005 and the Unlawful Activities (Prevention) Act, 2004. The allegations are based on assumed connections with Maoist rebels.

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20. Stop ruthless Insurance Law

Insurance agents are given dreams by the insurance companies. More than 95 % lose their agency before the expiry of the 5 years mandatory service as an agent. And there is no renewal commission for these 95%.

There is a simple strategy being adopted by the insurance companies of "Hire and Fire" and get business and make huge profits by not paying the renewal commission.

No one seems to take notice.

Is it justice??

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21. New Housing Director for Highland Park Housing Commission

Each tenants rights have been violated by the Highland Park Housing Commission. Due to the fact that the Comission itself made a decision without tenants approval.

Thereforth it is our rights to block the decision of the Commission on the grounds that (We the Tenants) do not feel that the election Director is qualified to serve in the directors position.

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22. Del Norte County Law Enforcement Review and Oversight Commission

We, the undersigned, call for the immediate formation of a law enforcement oversight and review commission, comprised of private citizens, in Del Norte County.

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23. Stop Lafayette From Polluting Our Seas

August 4, 2006

In many places, pollution from mining operations damages marine habitats and contaminates seafood consumed by local people, threatening our oceans and ultimately ourselves and our future.

In the Philippines, Bicol's immensely beautiful marine environment and its fragile sea creatures face a grave threat—toxic pollution and siltation caused by mining operations in Rapu Rapu Island in Albay.

The pristine waters of the Bicol region are acknowledged as the feeding grounds and migratory route of the whale shark, the largest fish in the sea. It is also home to five of the seven known marine turtles in the world, and its rich seagrass beds and mangroves, which make for a high marine biodiversity index, have turned the area into exceptionally rich fishing grounds for the region's fishermen.

The Philippine government allowed Australian firm Lafayette Philippines Inc to start the extraction of gold, silver, copper and zinc within Rapu Rapu in April 2005 despite strong opposition from local and national groups concerned that toxic mine tailings will be released into the sea. Clearly, the island is a dangerous place for a mine: not only is it situated along the country's typhoon belt, but also along a major fault, making it a high-risk area for mining catastrophes. During its few - months of operation, the mining company showed negligence and government agencies, such as the Environmental Management Bureau and the Mines and Geosciences Bureau, failed to act on behalf of the people and environment. In October and November 2005, cyanide and other contaminants from the mine spilled into the sea and around the island, resulting in massive fish kills.

On May 19, 2006, a government-commissioned report recommended canceling the license of Lafayette in Rapu Rapu and a moratorium on all mining at Rapu Rapu. Greenpeace is running a petition to President Gloria Arroyo to follow the recommendations of the Rapu Rapu Factfinding Commission.

The Greenpeace petition calls for permanent closure of the mine and obligation or Lafayette to clean and rehabilitate the mine site so that further damage can be avoided.

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24. Childcare for a Community (Dewey, AZ) With No Childcare Options

June 8, 2006

We, the undersigned, agree that the lack of childcare in the Dewey/Humboldt Arizona community is of great concern.

Families desiring to utilize childcare services must drive 25+ minutes to towns outside the community. In recognizing uprising gas prices, this places an unwelcome burden on many single parent families. Due to lack of commercial properties available, currently there are no options for placing a childcare facility in the Dewey/Humboldt town.

LadyBug Child Care Center would like to rezone 1851 E Prescott Dells Road, to a Residential Service Zone, which would allow for a small child care center to be placed in a residential home. This home is positioned in an area with little housing and many vacant lots. Only two surrounding homes are inhabited. The Zoning Commission has the ability to remove this critical burden by simply rezoning this property.

Not only would this offer childcare to the town of Dewey/Humboldt, but also the towns of Mayer and Cherry, which currently lack in childcare services as well. Please help us lift this burden to so many families.

Though this sounds like a relatively small request to support, many families are affected by this small petition. Your signatures and support are greatly appreciated.

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25. Give St.Kilda the 4 points!

May 1, 2006

Fremantle supporters are carrying on like idiots and making online petitions to give to the AFL stating that they deserve to win the game that their fine club played against St.Kilda at Launceston. This is not good enough and goes beyoned the ethos of what is expected as an Australian citizen (although they are from the west so maybe that is a tenuous link) and as a 'sport fanatic'.

So what if morally they should have won - the umpires and the AFL stuffed up and we were the lucky beneficiary. Sucked in. But the decision has been made and must stand. We cannot set a precedent whereby results are challenged after the fact, it will open a can of worms bigger than the game itself and end up eating AFL footy alive.

The only clear way to deal with this issue and ensure that no-one ever tries to pull a similar stunt is to allocate Fremantle a score of zero for yesterday's game and forfeit their 2 premiership points which would be awarded to St.Kilda along with all relevant percentage benefits.

PS. Don't even get us started on the issue of coaches running out on the ground during play, it was worse than the time he got on stage with Kiss.

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26. Reinstate Amir Das Commission

The Amir Das Commission, which was investigating the political patrons of Ranveer Sena has been disbanded by the Nitish Kumar Government of Bihar.

Ranveer Sena, a private army of upper-caste landlords brutally massacred 282 dalit, backward rural poor between 1995-2000—including the Bathe and Bathani Tola massacres, where pregnant women's wombs were torn out, lest they produce "Naxalites".

That the Ranveer Sena conducted its killings with impunity and protection, often close to police camps indicates the participation of politically powerful in the cold-blooded plans.
While the Commission was set up with reluctance (and only following massive protests), several obstacles were placed to prevent investigation, earlier by the RJD government and now by the JD(U)-BJP government. The disbanding comes as the final blow to ensure that the killers remain masked.

The announcement for disbanding comes following Sushil Modi's announcement that setting up the commission was flawed (obviously since top BJP and JD (U) leaders are known to have links with the Ranveer Sena).

While those whose families have been massacred and the socially oppressed, rural poor of Bihar are fighting against this, let us stand by them and demand that the patrons of the Sena killers be exposed and Amir Das Commission be allowed to complete its inquiries and table its report.

Please sign the following petition for the same and forward it to others to put the necessary pressure on the Nitish Government.

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27. Remove condominiums from Cottage Grove Ave development plan

March 22, 2006

M.E.N.D., L.L.C. has requested rezoning from "R-2" to "R-4: Multiple Residential District located in the 1500 Block of Cottage Grove Avenue for development of eight 8-unit condos in addition to single-family homes.

The Planning, Programming and Zoning Commission held a meeting on March 7, 2006 at second floor of city hall, where it was requested to rezone this area to "R3-RP", and changed the number of condominium units to seven.

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28. Religious Tolerance and Cultural Diversity

December 17, 2005

An American Hindu family living in a rural Village in Western New York State is appealing a Court Injunction banning their Family Cow.

The Village allows a Commercial Beef farm to operate across the Street from the family's home.

The Local Courts have reufused to address the First Amendment issues, saying the case has nothing to do with Religion. The Judge did not give the family a chance to testify at their trial.

The family wants to keep a cow and her calf on their 14 1/2 acre Village property in order to demonstrate humane and responsible care of cows and to promote vegetarianism, sustainable agriculture and locally grown food as the first steps towards a socially responsible diet.

They advocate Ahimsa (non-violence) and work to promote peace, gratitude and mercy in human society; all of which are symbolized by the cow in their religion.

Although the practice of protecting cows is unique to Hinduism, the principles of responsible and humane treatment of cows represents the Free Speech interests of a broad spectrum of Americans concerned with animal rights, vegetarianism, sustainable agriculture and nonviolence, (Ahimsa).

The Village of Angelica does not forbid farm animals and other residents keep cows, goats, sheep and chickens for commercial purposes and as pets.

Please sign the petition to the US Commission on Civil Rights and let them know the US Courts should give serious consideration to cases involving Free Speech and Religious Expression.

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29. Uniformity for Londons Parks Police / Constabulary Services

Over recent years there has been a rise in the formation of local authority run Parks Police / Constabulary Services operating within the London Region. Parks Police Services are governed by their respective local authority; therefore, none are run to a set regional or national standard.

Typically, there are variations in Training, Uniform, Issue of Personal Protective Equipment, Vehicles, Livery and Rank Structures. Each individual service is accountable to their respective Local Authority and currently falls outside the Independent Police Complaints Commission.

Parks Police Officers (Parks Constables) are attested in a Magistrates Court as Constables under Article 18, Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks & Open Spaces) Act 1967.

This legislation is dated and unclear, which leaves many legal arguments constantly being debated which causes a greater level of confusion amongst the services themselves and Home Office Force Colleagues.

Issues surrounding Uniform, Training, Vehicles, Livery, Protective Equipment and Rank Structures and management needs to be standardised across the London Region, enabling such services to receive the appropriate recognition for the function they perform within our communities. The formation of a 'Local Authority Parks Police Commission' with representatives from each respective Local Authority and representatives from the Metropolitan / City Police, along with a cross section of the community would add to the accountability of such services.

Legislation surrounding Parks Police / Constabulary Services should be revised to fall inline with other more recent Police and Anti Social Behaviour Legislation enabling the potential of these services to be maximised and utilised within London borough's in tackling Crime & Anti Social behaviour.

View petition

30. Petition for Redress of the United States Securities and Exchange Commission

Amendment I - Freedom of Religion, Press, Expression.
Ratified 12/15/1791. Note

Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.

We, the undersigned, respectfully request redress of the
grievances below, as we believe that, as provided for all
under the Constitution of the United States of America, all
men are created equal.
Whereas, if a common person owed a considerable amount
of capital to a Federal agency, it would be required by law
that the debt be paid otherwise the person could be
convicted of theft and/or have his/her assets liquidated to
compensate for the said debt,
Whereas, it is a crime punishable by law to sell anything
that is not individually owned by the seller, or without the
consent of the legitimate owner,
Whereas, it is a crime, according to the Constitution of the
United States of America, to counterfeit United States
securities and current coin,
Whereas, it is the duty of the United States Congress
under Constitutional law, To provide for the Punishment of
counterfeiting the Securities and current Coin of the United
States,
Whereas, it is the duty of the United States Congress to
make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of
the United States, or in any Department or Officer thereof,
We respectfully request that the following questions be
answered:
If the above statements are true, with the Constitution of
the United States of America providing much of the
evidence, how can another set of rules be adopted by the
Securities and Exchange Commission, without the approval
of Congress?
If counterfeiting is indeed a crime, what would the
difference be as opposed to naked short selling?
The following excerpt is available for viewing at the
Securities and Exchange Commission's website, otherwise
the outright approval to counterfeit for self regulatory
agencies:
Naked short selling is not necessarily a violation of the
federal securities laws or the Commission's rules. Indeed,
in certain circumstances, naked short selling contributes to
market liquidity. For example, broker-dealers that make a
market in a security4 generally stand ready to buy and sell
the security on a regular and continuous basis at a publicly
quoted price, even when there are no other buyers or
sellers. Thus, market makers must sell a security to a
buyer even when there are temporary shortages of that
security available in the market. This may occur, for
example, if there is a sudden surge in buying interest in
that security, or if few investors are selling the security at
that time. Because it may take a market maker
considerable time to purchase or arrange to borrow the
security, a market maker engaged in bona fide market
making, particularly in a fast-moving market, may need to
sell the security short without having arranged to borrow
shares. This is especially true for market makers in thinly
traded, illiquid stocks such as securities quoted on the OTC
Bulletin Board,5 as there may be few shares available to
purchase or borrow at a given time.
Regulation SHO, the threshhold securities list, a feable
attempt to appease investors, and forgive past abuses by
clearance corporations, market makers, and hedgefunds.
http://www.sec.gov/spotlight/keyregshoissues.htm
III. Regulation SHO
Compliance with Regulation SHO began on January 3,
2005. Regulation SHO was adopted to update short sale
regulation in light of numerous market developments since
short sale regulation was first adopted in 1938. Some of
the goals of Regulation SHO include:


Establishing uniform "locate" and "close-out" requirements
in order to address problems associated with failures to
deliver, including potentially abusive "naked" short selling.


Locate Requirement: Regulation SHO requires a broker-
dealer to have reasonable grounds to believe that the
security can be borrowed so that it can be delivered on the
date delivery is due before effecting a short sale order in
any equity security.6 This "locate" must be made and
documented prior to effecting the short sale.

"Close-out" Requirement: Regulation SHO imposes
additional delivery requirements on broker-dealers for
securities in which there are a relatively substantial
number of extended delivery failures at a registered
clearing agency7 ("threshold securities"). For instance,
with limited exception, Regulation SHO requires brokers
and dealers that are participants of a registered clearing
agency8 to take action to "close-out" failure-to-deliver
positions ("open fails") in threshold securities that have
persisted for 13 consecutive settlement days.9 Closing out
requires the broker or dealer to purchase securities of like
kind and quantity. Until the position is closed out, the
broker or dealer and any broker or dealer for which it clears
transactions (for example, an introducing broker)10 may
not effect further short sales in that threshold security
without borrowing or entering into a bona fide agreement
to borrow the security (known as the "pre-borrowing"
requirement).


Temporarily suspending Commission and SRO11 short sale
price tests12 in a group of securities to evaluate the overall
effectiveness and necessity of such restrictions. The
Commission will study the impact of relaxing the price tests
for a period of one year.13

Creating uniform order marking requirements for sales of
all equity securities. This means that orders you place with
your broker-dealer must be marked "long," "short," or
"short exempt."14

IV. Threshold Securities
A. The Basics
1. What is a Threshold Security?

Threshold securities are equity securities that have an
aggregate fail to deliver position for:

five consecutive settlement days at a registered clearing
agency (e.g., National Securities Clearing Corporation
(NSCC));15

totaling 10,000 shares or more; and

equal to at least 0.5% of the issuer's total shares
outstanding.16

Threshold securities only include issuers registered or
required to file reports with the Commission ("reporting
companies").17 Therefore, securities of issuers that are not
registered or required to file reports with the Commission,
which includes the majority of issuers on the Pink
Sheets,18 cannot be threshold securities. This is because
the SROs need to look to the total outstanding shares of
the issuer in order to calculate whether or not the
securities meet the definition of a "threshold security." For
non-reporting companies, reliable information on total
outstanding shares is difficult to determine.

2. Who is Responsible for Identifying Threshold Securities?

Regulation SHO requires the SROs to disseminate a daily
list of threshold securities where such SRO, or its market
center,19 is the primary listing venue for any such
security.

3. Where Can I Find Threshold Lists?

Each SRO is responsible for providing the threshold
securities list for those securities for which the SRO is the
primary market. You can obtain SRO threshold lists at the
following websites:

Nasdaq: http://www.nasdaqtrader.com/aspx/regsho.aspx
(includes Nasdaq issues, OTCBB, and other OTC issues)

NYSE: http://www.nyse.com/Frameset.html?
displayPage=/threshold/

AMEX:
http://www.amex.com/amextrader/tradingData/RegSHO/Tr
Da_RegSHO.jsp (Amex listed securities only)

CSE: http://www.chx.com/publications/reg_sho.htm

ArcaEx: http://www.tradearca.com/traders/regsho_th.asp

The Boston Stock Exchange, Philadelphia Stock Exchange
and National Stock Exchange are not the primary listing
exchange for any securities at this time and, therefore, are
currently not publishing threshold securities lists.

4. Inclusion on, and Removal from, Threshold Lists.

At the conclusion of each settlement day, NSCC provides
the SROs with data on securities that have aggregate fails
to deliver at NSCC of 10,000 shares or more. For the
securities for which an SRO is the primary market, that
SRO calculates whether the level of fails for each security is
equal to, or greater than, 0.5% of the issuer's total shares
outstanding of the security. If, for five consecutive
settlement days, such security satisfies these criteria, then
such security is a threshold security. Each SRO includes
such security on its daily threshold list until the aggregate
fails level for the security falls below these levels for five
consecutive days. (See below for a discussion as to why a
security may appear or remain on a threshold list.)

5. Implementation Dates for Threshold Lists.

The SROs disseminated the first threshold lists on January
10, 2005. Regulation SHO does not require a broker or
dealer to close-out the open fail position until a security
appears on a threshold list for 13 consecutive settlement
days and an open fail position for such security exists for
each of those days.. Therefore, the first day on which a
close-out action could have been required for a threshold
security was January 28, 2005.

6. Mandatory Close-Outs of Threshold Securities.

Regulation SHO requires broker-dealers to close-out all
failures to deliver that exist in threshold securities for
thirteen consecutive settlement days by purchasing
securities of like kind and quantity ("close-out").20

Until the position is closed out, the broker or dealer and
any broker or dealer for which it clears transactions (for
example, an introducing broker),21 may not effect further
short sales in that threshold security without borrowing or
entering into a bona fide agreement to borrow the security
(known as a "pre-borrowing" requirement).

7. Key Points to Remember.

Any equity security of an issuer that is registered or
required to file reports with the Commission could qualify
as a threshold security. Therefore, threshold securities may
include equity securities:

listed on an exchange, 22

quoted on Nasdaq,23 or

quoted on the OTCBB.24

Whether or not a security is a threshold security does not
affect the Commission's ability to prosecute manipulative
or fraudulent activity that may have occurred before or
after adoption of Regulation SHO.

B. Reasons Why A Security May Appear on a Threshold List
A security's appearance on a threshold list does not
necessarily mean that any improper activity has occurred
or is occurring. An equity security will appear on a
threshold list if it meets the definition of a threshold
security set forth in Regulation SHO, meaning that failures
to deliver the stock (i.e. to the party on the other side of
the trade) have reached an aggregate of 10,000 shares or
greater at NSCC for five consecutive settlement days and
are equal to 0.5% of total shares outstanding;

C. Reasons Why A Security May Stay on a Threshold List
for Longer Than 13 Consecutive Settlement Days
Even when broker-dealers close-out delivery failures, a
security may remain on an SRO's threshold securities list
for longer than 13 days. Examples of why securities may
remain on the threshold securities list:

after broker-dealers close-out all delivery failures, the
security stays on the threshold list for five consecutive
days;

new delivery failures resulting from long or short sales may
have crossed the threshold, keeping the security on the
SRO's threshold securities list; or

the delivery failures at NSCC may have been established
prior to a security's appearance on the SRO's threshold
securities list, and are grandfathered from the close-out
requirement of Regulation SHO.

For information about specific securities, contact the
appropriate SRO or its market center listed above.

D. Reasons Why A Security With a Large Short Position
May Not Appear on a Threshold List
There are various reasons why an equity security with a
large short position may not appear on an SRO's threshold
securities list, 25 for example:

the aggregate delivery failures do not meet the definition of
a threshold security in Regulation SHO;

the security's issuer is not registered or required to file
reports with the Commission. For instance, the majority of
issuers quoted on the Pink Sheets do not file reports or
register with the Commission, and so would not appear on
threshold lists.26
E. Who Do I Contact For More Information About Securities
On a Threshold List?If you have a question regarding a
security on a particular SRO's threshold security list,
contact that SRO directly. F. Grandfathering
Under Regulation SHO
The requirement to close-out fail to deliver positions in
threshold securities that remain for 13 consecutive
settlement days does not apply to positions that were
established prior to the security becoming a threshold
security. This is known as "grandfathering." For example,
open fail positions in securities that existed prior to the
effective date of Regulation SHO on January 3, 2005 are
not required to be closed out under Regulation SHO.

The grandfathering provisions of Regulation SHO were
adopted because the Commission was concerned about
creating volatility where there were large pre-existing open
positions. The Commission will continue to monitor
whether grandfathered open fail positions are being
cleaned up under existing delivery and settlement
guidelines or whether further action is warranted.

It is important to note that the "grandfathering" clause of
the Regulation does not affect the Commission's ability to
prosecute violations of law that may involve such securities
or violations that may have occurred before the adoption of
Regulation SHO or that occurred before the security
became a threshold security.


How many stocks on the threshhold securities list have
remained there for more than the time the regulation
alotted?
How many "forced buy-ins" have occurred?

http://www.nasdaqtrader.com/aspx/regsho.aspx

How can the Securities and Exchange Commission
guarantee limited liability for negligence and/or misconduct
to any entity or establishment without the approval of
Congress?
See rule below:

http://www.sec.gov/rules/sro/nscc/34-51669.pdf#search
SECURITIES AND EXCHANGE COMMISSION
(Release No. 34-51669; File No. SR-NSCC-2004-09)
May 9, 2005
Self-Regulatory Organizations; National Securities Clearing
Corporation; Order Approving Proposed Rule Change to
Establish a Comprehensive Standard of Care and Limitation
of Liability to its Members
I. Introduction
On December 8, 2004, the National Securities Clearing
Corporation ("NSCC") filed with the Securities and
Exchange Commission ("Commission") proposed rule
change SR-NSCC-2004-09 pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 ("Act").1 Notice of the
proposal was published in the Federal Register on April 6,
2005.2 No comment letters were received. For the reasons
discussed below, the Commission is approving the proposed
rule change.
II. Description
NSCC is establishing a comprehensive standard of care and
limitation of liability with respect to its members.
Historically, the Commission has left to user-governed
clearing agencies the question of how to allocate losses
associated with, among other things, clearing agency
functions.3 The Commission has reviewed clearing agency
services on a case-by-case basis and in determining the
appropriate standard of care has balanced the need for a
high degree of clearing agency care with the effect the
resulting liabilities may have on clearing agency
1 15 U.S.C. 78s(b)(1).
2 Securities Exchange Act Release No. 51458 (March 31,
2005), 70 FR 17494.
3 Securities Exchange Act Release Nos. 20221 (September
23, 1983), 48 FR 45167 and 22940 (February 24, 1986),
51 FR 7169.
2
operations, costs, and safekeeping of securities and funds.4
Because standards of care represent an allocation of rights
and liabilities between a clearing agency and its members,
which are generally sophisticated financial entities, the
Commission has refrained from establishing a unique
federal standard of care and generally has allowed clearing
agencies and other self-regulatory organizations and their
members to establish their own standards of care.5 In
addition, the Commission has recognized that a gross
negligence standard of care is appropriate for certain
noncustodial functions where a clearing agency, its board
of directors, and its members determine to allocate risk to
individual service users.6
NSCC believes that adopting a uniform rule7 limiting
NSCC's liability to its members to
4 Id.
5 Id.
6 Securities Exchange Act Release No. 26154 (October 3,
1988), 53 FR 39556. NSCC's services provided to members
are noncustodial in that, other than clearing fund deposits,
it does not hold its members funds or securities.
7 New Section 2 of Rule 58 states:
SEC. 2. Notwithstanding any other provision in the Rules:
(a) The Corporation will not be liable for any action taken,
or any delay or failure to take any action, hereunder or
otherwise to fulfill the Corporation's obligations to its
Members including Settling Members, Settling Bank Only
Members, Municipal Comparison Only Members, Insurance
Carrier Members, TPA Members, Mutual Fund/Insurance
Services Members, Non-Clearing Members, Fund Members
and Data Services Only Members, other than for losses
caused directly by the Corporation's gross negligence,
willful misconduct, or violation of Federal securities laws for
which there is a private right of action. Under no
circumstances will the Corporation be liable for the acts,
delays, omissions, bankruptcy, or insolvency, of any third
party, including, without limitation, any depository,
custodian, sub-custodian, clearing or settlement system,
transfer agent, registrar, data communication service or
delivery service ("Third Party"), unless the Corporation was
grossly negligent, engaged in willful misconduct, or in
3
direct losses caused by NSCC's gross negligence, willful
misconduct, or violation of Federal
(..continued)
violation of Federal securities laws for which there is a
private right of action in selecting such Third Party.
(b) Under no circumstances will the Corporation be liable
for any indirect, consequential, incidental, special, punitive
or exemplary loss or damage (including, but not limited to,
loss of business, loss of profits, trading losses, loss of
opportunity and loss of use) howsoever suffered or
incurred, regardless of whether the Corporation has been
advised of the possibility of such damages or whether such
damages otherwise could have been foreseen or prevented.
(c) With respect to instructions given to the Corporation by
a Special Representative/Index Recipient Agent, the
Corporation shall have no responsibility or liability for any
errors which may occur in the course of transmissions or
recording of any transmissions or which may exist in any
magnetic tape, document or other media so delivered to
the Corporation.
(d) With respect to the Corporation's distribution facilities,
the Corporation assumes no responsibility whatever for the
form or content of any tickets, checks, papers, documents
or other material (other than items prepared by it)placed in
the boxes in its distribution facilities assigned to each
Settling Member, Municipal Comparison Only Member,
Insurance Carrier Member, TPA Member, Fund Member and
Data Services Only Member, or otherwise handled by the
Corporation; nor does the Corporation assume any
responsibility for any improper or unauthorized removal
from such boxes or from the Corporation's facilities of any
such tickets, checks, papers, documents or other material,
including items prepared by the Corporation.
(e) With respect to Fund/Serv transactions, the
Corporation will not be responsible for the completeness or
accuracy of any transaction or instruction received from or
transmitted to a Settling Member, Data Services Only
Member, TPA Member, TPA Settling Entity, Mutual Fund
Processor or Fund Member through Fund/Serv, nor for any
errors, omissions or delays which may occur in the
transmission of a transaction or instruction to or from a
Settling Member, Data Services Only Member, TPA
Member, TPA Settling Entity, Mutual Fund Processor or
Fund Member.
(f) The Corporation will not be responsible for the
completeness or accuracy of any IPS Data and Repository
Data received from or transmitted to an Insurance Carrier
Member, Member or Data Services Only Member through
IPS nor for any errors, omissions or delays which may
occur in the transmission of such IPS Data and Repository
Data to or from an Insurance Carrier Member, or Data
Services Only Member.
4
securities laws for which there is a private right of action
will: (1) memorialize an appropriate commercial standard of
care that will protect NSCC from undue liability;8 (2)
permit the resources of NSCC to be appropriately utilized
for promoting the accurate clearance and settlement of
securities; and (3) will be consistent with similar rules
adopted by other self-regulatory organizations and
approved by the Commission.9
III. Discussion
Section 19(b) of the Act directs the Commission to approve
a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and the rules and regulations
thereunder applicable to such organization. Section
17A(b)(3)(F) of the Act requires that the rules of a clearing
agency be designed to assure the safeguarding of securities
and funds which are in its custody or control.10 The
Commission believes that NSCC's rule change is consistent
with this Section because it will permit the resources of
NSCC to be appropriately utilized to protect funds and
assets.
8 NSCC has always operated under a gross negligence
standard of care and both internal and external counsel
have consistently advised members that this is the case.
NSCC is seeking to eliminate any confusion due to the
absence of a clear standard set forth in its rules and to
memorialize its historical practice. In addition, NSCC has in
effect a service agreement with the Fixed Income Clearing
Corporation ("FICC") pursuant to which FICC provides
services for NSCC's fixed income products. This service
agreement provides for a gross negligence standard of care.
In the absence of this new rule, NSCC could be in the
position of having to pay for losses caused by FICC that are
not recoverable under the agreement.
9 See, e.g., Securities Exchange Act Release Nos. 37421
(July 11, 1996), 61 FR 37513 [File No. SR-CBOE-96-02];
37563 (August 14, 1996), 61 FR 43285 [File No. SR-PSE-
96-21]; 48201 (July 21, 2003), 68 FR 44128 [File No. SR-
GSCC-2002-10]; and 49373 (March 8, 2004), 69 FR
11921 [File No. SR-FICC-2003-09].
10 15 U.S.C. 78q-1(b)(3)(F).
5
Although the Act does not specify the standard of care that
must be exercised by registered clearing agencies, the
Commission has determined that a gross negligence
standard of care is acceptable for noncustodial functions
where a clearing agency and its participants contractually
agree to limit the liability of the clearing agency.11 NSCC's
functions are noncustodial in that it does not hold its
members' funds or securities. It is reasonable for NSCC,
which is member-owned and governed, and its members to
agree through board approval of the proposed rule change
and to contract with one another in a cooperative
arrangement as to how to
11 In the release setting forth standards that would be
used by the Division of Market Regulation in evaluating
clearing agency registration applications, the Division of
Market Regulation urged clearing agencies to embrace a
strict standard of care in safeguarding participants' funds
and securities. Securities Exchange Act Release No. 16900
(June 17, 1980), 45 FR 4192. In the release granting
permanent registration to The Depository Trust Company,
the National Securities Clearing Corporation, and several
other clearing agencies, however, the Commission
indicated that it did not believe that sufficient justification
existed at that time to require a unique federal standard of
care for registered clearing agencies. Securities Exchange
Act Release No. 20221 (October 3, 1983), 48 FR 45167.
In a subsequent release, the Commission stated that the
clearing agency standard of care and the allocation of rights
and liabilities between a clearing agency and its participants
applicable to clearing agency services generally may be set
by the clearing agency and its participants. In the same
release, the Commission stated that it should review
clearing agency proposed rule changes in this area on a
case-by-case basis and balance the need for a high degree
of clearing agency care with the effect resulting liabilities
may have on clearing agency operations, costs, and
safeguarding of securities and funds. Securities Exchange
Act Release No. 22940 (February 24, 1986), 51 FR 7169.
Subsequently, in a release granting temporary registration
as a clearing agency to The Intermarket Clearing
Corporation, the Commission stated that a gross
negligence standard of care may be appropriate for certain
noncustodial functions that, consistent with minimizing
risk mutualization, a clearing agency, its board of directors,
and its members determine to allocate to individual service
users. Securities Exchange Act Release No. 26154 (October
3, 1988), 53 FR 39556. Finally, in a release granting the
approval of temporary registration as a clearing agency to
the International Securities Clearing Corporation, the
Commission indicated that historically it has left to user-
governed clearing agencies the question of how to allocate
losses associated with noncustodial, data processing,
clearing agency functions and has approved clearing
agency services embodying a gross-negligence standard of
care. Securities Exchange Act Release No. 26812 (May 12,
1989), 54 FR 21691.
6
allocate NSCC's liability among NSCC and its members.
Therefore, the Commission has determined that given the
noncustodial nature of NSCC's services, a gross negligence
standard of care and limitation of liability is allowable for
NSCC.12
IV. Conclusion
On the basis of the foregoing, the Commission finds that
the proposed rule change is consistent with the
requirements of the Act and in particular Section 17A of
the Act and the rules and regulations thereunder.
IT IS THEREFORE ORDERED, pursuant to Section 19(b)(2)
of the Act, that the proposed rule change (File No. SR-
NSCC-2004-09) be and hereby is approved.
12 The Commission notes that the rule change does not
alleviate NSCC from liability for violation of the Federal
securities laws where there exists a private right of action
and therefore is not designed to adversely affect NSCC's
compliance with the Federal securities laws and private
rights of action that exist for violations of the Federal
securities laws.
7
For the Commission by the Division of Market Regulation,
pursuant to delegated authority.13
Margaret H. McFarland
Deputy Secretary
13 17 CFR 200.30-3(a)(12).

If, all men are created equal, we should live and be
governed by one set of laws,rules, and regulations, instead
of certain privileged individuals and corporations, having
the influence to have laws, rules, and regulations,
constructed to their advantages. America was once the
"land of opportunity" for everyone regardless of race,
religion, age, sex, or financial status. It has became the
"land of opportunity" for those who have the ability to
manipulate and control. Sadly, it is "puppetmasters" such
as these that are responsible for financing drug trafficking,
terrorism, corporate crime, and crimes against the liberties
that this country was founded upon.
Companies and shareholders are being robbed of their
dreams, as well as their investments. If these injustices
are permitted, and the criminals have laws taylored to
meet their needs, I say this is not the country our
founding fathers thought to be the land of liberty.
If a person puts all of his effort towards the "American
dream", only to have the dream stolen from him, and the
government permits the abuses without imposing
penalties, I say we have ceased to become what our
founding fathers called America.
I request that you redress the United States Securities and
Exchange Commission and the following regulations and
rules respectively:


SECURITIES AND EXCHANGE COMMISSION
17 CFR PARTS 240, 241 and 242
[Release No. 34-50103; File No. S7-23-03]
RIN 3235-AJ00
SHORT SALES


http://www.sec.gov/rules/sro/nscc/34-51669.pdf#search=

The United States Congress was placed in charge to direct
commissions such as these with regards to rules and
regulations that are in the best interests of the investor,
and not just a choice few. These commissions do not have
the broad knowledge needed to regulate and legislate
themselves, nor do they have that authority.

What the investors and publicly traded companies of
America want is a fair market, free of corruption. This
cannot be done if the commission is permitted to legislate
themselves, for they have became tainted and biased in
the eyes of the common investor.

The U.S. Securities and Exchange Commission is more
than aware of the corruption and abuse that has infiltrated
the stock market in the past as well as the present, yet
they have neglected to take action to provide relief to
companies and investors. The following petition is available
for viewing on the U.S. Securities and Exchange
Commission's website, along with many other letters
voicing complaints to the commission about naked short
selling, regulation SHO, price manipulation, clearance
corporations, and hedgefunds. This petition was sent to
the U.S. Securities and Exchange Commission from R.
Cromwell Coulson, Chairman and CEO of the Pink Sheets.
Dear OTC Investor:

I am writing to alert you of a very important rule change
that is needed to improve the OTC marketplace. I need
your help to make regulators turn on the lights and protect
investors from the menace of hidden short selling in the
OTC market.

I think you'll agree that this issue deserves the small
amount of your time it will take for you to tell the SEC
what you think about this issue.

As Chairman & CEO of the Pink Sheets, I know perhaps
better than anyone the importance of improving the Pink
Sheets and OTCBB trading. And I know the devastating
impact that small companies face when their market is
tarnished by the threat of manipulation.

There is a crisis facing the OTC market today in the lack of
short sale position reporting and disclosure for OTC issues.
This lack of transparency regarding short selling in the OTC
market allows fraudulent acts to go undiscovered and
manipulative short sellers to hide.

I believe regulators should fix the problem. Small issuers
traded on the Pink Sheets and the OTCBB deserve the
same transparency and regulatory oversight of short selling
as those listed on Exchanges or NASDAQ.

Therefore, Pink Sheets has petitioned the SEC to cause the
amendment of NASD Rule 3360 and require NASD broker
dealers to maintain a record of total "short" positions in all
customer and proprietary firm accounts in all publicly
traded equity securities as well as report this information to
the NASD for public dissemination of the short positions by
security. The SEC's action is urgently needed to prevent
fraudulent acts, expose market manipulation, promote fair
principles of trade and protect investors.

Our full rule change request is available for you to read at:
http://sec.gov/rules/petitions/petn4-500.pdf and
comments by other concerned OTC market participants are
available at: http://sec.gov/rules/petitions/4-500.shtml

But I cannot make this important rule change happen
without your help. Thus I'm asking you to write a letter
today, and voice your support to the SEC for the Pink
Sheets' Request for Rulemaking Regarding Member Records
of "Short" Positions and Reporting and Public
Dissemination.

So please send your comments via Email to: rule-
comments@sec.gov with a Cc: copy to: pubcom@nasd.com

Or, if it's more convenient, you can mail your comments
to:

Jonathan G. Katz
Secretary, Securities Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549

With a copy to:

Barbara Z. Sweeney
Senior Vice President and Corporate Secretary, NASD
1735 K Street, NW
Washington DC 20006-1500;

Either way, your Email or letter should refer to SEC File No.
4-500. Request for Rulemaking Regarding Member Records
of "Short" Positions and Reporting and Public Dissemination
of Aggregate Positions by Security.

I know I'm asking you to do a lot. But it's important that
we make the OTC market transparent and fairly regulated.
I think you'll agree that this issue deserves the small
amount of your time to tell the SEC what you think about
this issue.

Remember, the only way to succeed in achieving this rule
change is through the public outcry of investors demanding
the SEC make this needed improvement to the OTC
markets, and there is no substitute for your personal voice
in this debate. This important rule change is not going to
happen if you remain silent.

So please, don't rely on others to get the job done. Write
your Emails or letters today. Together, we must win this
battle and convince the SEC not to treat the OTC
secondary markets for small companies as second class
citizens.

Without this rule change investors and securities
regulators will be blind to any short selling activity in Pink
Sheets and OTCBB stocks. The SEC needs to know that the
lack of short sale information in your securities is
unacceptable and demand they change NASD Rule 3360
immediately.

I'm asking for your help to improve this critical part of the
securities market, so that companies like yours will be
traded in transparent, efficient and well regulated OTC
markets. Please do your part by writing your Email or letter
today. Every voice counts in the debate, and yours could
be the one that puts us over the top.

Thank you for your time and help in this fight.

Sincerely,

R. Cromwell Coulson
Chairman & CEO


P.S. We can only succeed in making these rule changes
with your help. So please, take action today. And once
again, thank you very much for your help.

Note: To comment to the SEC via Internet, use rule-
comments@sec.gov with a Cc: copy to: pubcom@nasd.com

File No. 4-500. Request for rulemaking regarding member
records of "short" positions and reporting and public
dissemination of aggregate positions by security.

SEC Public Petition page:
http://sec.gov/rules/petitions.shtml

Pink Sheets request is available at:
http://sec.gov/rules/petitions/petn4-500.pdf

Comments by other concerned OTC market participants are
available at: http://sec.gov/rules/petitions/4-500.shtml

I humbly ask that you do all that is within your power to
correct that which needs to be corrected.

View petition