Delegation of Authority to Chief Administrative Law Judge, 71037 [E6-20884]

Download as PDF 71037 Rules and Regulations Federal Register Vol. 71, No. 236 Friday, December 8, 2006 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 200 [Release No. 34–54867] Delegation of Authority to Chief Administrative Law Judge Securities and Exchange Commission. ACTION: Final rule. AGENCY: The Securities and Exchange Commission (‘‘Commission’’) is amending its rules to delegate authority to the Chief Administrative Law Judge to issue orders to discontinue administrative proceedings as to a particular respondent who has died or cannot be found, or because of a mistake in the identity of a respondent named in the order for proceedings. The delegation is intended to conserve Commission resources, as well as expedite disposition of administrative proceedings. SUMMARY: EFFECTIVE DATE: January 8, 2007. pwalker on PRODPC60 with RULES FOR FURTHER INFORMATION CONTACT: Geoffrey D. Kruczek, Office of Administrative Law Judges, (202) 551– 6030, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–2557. SUPPLEMENTARY INFORMATION: The Commission today is amending its rules governing the delegation of authority to the Chief Administrative Law Judge. The Commission’s Office of the General Counsel has delegated authority to grant motions of staff counsel to discontinue administrative proceedings as to a particular respondent who has died or cannot be found, or because of a mistake in the identity of a respondent named in the order for proceedings.1 The Commission has determined to extend this delegation to the Chief 1 17 CFR 200.30–14(g)(1)(vi). VerDate Aug<31>2005 16:20 Dec 07, 2006 Jkt 211001 Administrative Law Judge.2 The Commission believes that this delegation will conserve Commission and staff resources, as well as expedite the disposition of staff motions prompted by these circumstances. Nevertheless, the staff may submit motions to the Commission for consideration, as it deems appropriate. The amendment also deletes reference to the Public Utility Holding Company Act of 1935, which has been repealed. Administrative Law Matters The Commission finds, in accordance with section 553(b)(A) of the Administrative Procedure Act, 5 U.S.C. 553(b)(A), that this amendment relates solely to agency organization, procedure or practice. Accordingly, notice and opportunity for public comment are unnecessary. Because notice and comment are not required for this final rule, a regulatory flexibility analysis is not required under the Regulatory Flexibility Act.3 Because the rule relates to ‘‘agency organization, procedure or practice that does not substantially affect the rights or obligations of nonagency parties,’’ it is not subject to the Small Business Regulatory Enforcement Fairness Act.4 Section 23(a)(2) of the Securities Exchange Act of 1934 requires the Commission, in adopting rules under such Act, to consider the anticompetitive effects of any rules it adopts. The Commission does not believe this rule will have any impact on competition because it imposes no new burden on respondents in administrative proceedings, and is intended to expedite disposition of those proceedings. The rule does not contain any collection of information requirements as defined by the Paperwork Reduction Act of 1995, as amended.5 The rule will not impose any costs on the public. Statutory Basis and Text of Amendment This amendment to the Commission’s delegations is being adopted pursuant to statutory authority granted to the Commission, including section 3 of the Sarbanes-Oxley Act of 2002, 15 U.S.C. 7202; section 19 of the Securities Act of 1933, 15 U.S.C. 77s; sections 4A, 19, 2 17 CFR 200.30–10. 5 U.S.C. 603. 4 See 5 U.S.C. 804(3)(C). 5 See 44 U.S.C. 3501 et seq. 3 See PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 and 23 of the Securities Exchange Act of 1934, 15 U.S.C. 78d–1, 78s, 78w; section 319 of the Trust Indenture Act of 1939, 15 U.S.C. 77sss; sections 38 and 40 of the Investment Company Act of 1940, 15 U.S.C. 80a–37 and 80a–39; and section 211 of the Investment Advisers Act of 1940, 15 U.S.C. 80b–11. List of Subjects in 17 CFR Part 200 Authority delegations (Government agencies). Text of Adopted Rule For the reasons set out in the preamble, Title 17, Chapter II of the Code of Federal Regulations is amended as follows: I PART 200—ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS 1. The authority citation for part 200, subpart A, continues to read as follows: I Authority: 15 U.S.C. 77s, 77o, 77sss, 78d, 78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37, 80b–11, and 7202, unless otherwise noted. 2. Section 200.30–10 is amended by: I a. Removing ‘‘the Public Utility Holding Company Act of 1935, 15 U.S.C. 79a et seq.,’’ in the introductory text to paragraph (a); I b. Removing the period at the end of paragraph (a)(7) and in its place adding a semicolon; and I c. Adding paragraph (a)(8). The addition reads as follows: I § 200.30–10 Delegation of authority to Chief Administrative Law Judge. * * * * * (a) * * * (8) To grant motions of staff counsel to discontinue administrative proceedings as to a particular respondent who has died or cannot be found, or because of a mistake in the identity of a respondent named in the order for proceedings. * * * * * Dated: December 4, 2006. By the Commission. Florence E. Harmon, Deputy Secretary. [FR Doc. E6–20884 Filed 12–7–06; 8:45 am] BILLING CODE 8011–01–P E:\FR\FM\08DER1.SGM 08DER1

Agencies

[Federal Register Volume 71, Number 236 (Friday, December 8, 2006)]
[Rules and Regulations]
[Page 71037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20884]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / 
Rules and Regulations

[[Page 71037]]



SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release No. 34-54867]


Delegation of Authority to Chief Administrative Law Judge

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is 
amending its rules to delegate authority to the Chief Administrative 
Law Judge to issue orders to discontinue administrative proceedings as 
to a particular respondent who has died or cannot be found, or because 
of a mistake in the identity of a respondent named in the order for 
proceedings. The delegation is intended to conserve Commission 
resources, as well as expedite disposition of administrative 
proceedings.

EFFECTIVE DATE: January 8, 2007.

FOR FURTHER INFORMATION CONTACT: Geoffrey D. Kruczek, Office of 
Administrative Law Judges, (202) 551-6030, Securities and Exchange 
Commission, 100 F Street, NE., Washington, DC 20549-2557.

SUPPLEMENTARY INFORMATION: The Commission today is amending its rules 
governing the delegation of authority to the Chief Administrative Law 
Judge. The Commission's Office of the General Counsel has delegated 
authority to grant motions of staff counsel to discontinue 
administrative proceedings as to a particular respondent who has died 
or cannot be found, or because of a mistake in the identity of a 
respondent named in the order for proceedings.\1\ The Commission has 
determined to extend this delegation to the Chief Administrative Law 
Judge.\2\ The Commission believes that this delegation will conserve 
Commission and staff resources, as well as expedite the disposition of 
staff motions prompted by these circumstances. Nevertheless, the staff 
may submit motions to the Commission for consideration, as it deems 
appropriate. The amendment also deletes reference to the Public Utility 
Holding Company Act of 1935, which has been repealed.
---------------------------------------------------------------------------

    \1\ 17 CFR 200.30-14(g)(1)(vi).
    \2\ 17 CFR 200.30-10.
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Administrative Law Matters

    The Commission finds, in accordance with section 553(b)(A) of the 
Administrative Procedure Act, 5 U.S.C. 553(b)(A), that this amendment 
relates solely to agency organization, procedure or practice. 
Accordingly, notice and opportunity for public comment are unnecessary. 
Because notice and comment are not required for this final rule, a 
regulatory flexibility analysis is not required under the Regulatory 
Flexibility Act.\3\ Because the rule relates to ``agency organization, 
procedure or practice that does not substantially affect the rights or 
obligations of non-agency parties,'' it is not subject to the Small 
Business Regulatory Enforcement Fairness Act.\4\
---------------------------------------------------------------------------

    \3\ See 5 U.S.C. 603.
    \4\ See 5 U.S.C. 804(3)(C).
---------------------------------------------------------------------------

    Section 23(a)(2) of the Securities Exchange Act of 1934 requires 
the Commission, in adopting rules under such Act, to consider the 
anticompetitive effects of any rules it adopts. The Commission does not 
believe this rule will have any impact on competition because it 
imposes no new burden on respondents in administrative proceedings, and 
is intended to expedite disposition of those proceedings. The rule does 
not contain any collection of information requirements as defined by 
the Paperwork Reduction Act of 1995, as amended.\5\ The rule will not 
impose any costs on the public.
---------------------------------------------------------------------------

    \5\ See 44 U.S.C. 3501 et seq.
---------------------------------------------------------------------------

Statutory Basis and Text of Amendment

    This amendment to the Commission's delegations is being adopted 
pursuant to statutory authority granted to the Commission, including 
section 3 of the Sarbanes-Oxley Act of 2002, 15 U.S.C. 7202; section 19 
of the Securities Act of 1933, 15 U.S.C. 77s; sections 4A, 19, and 23 
of the Securities Exchange Act of 1934, 15 U.S.C. 78d-1, 78s, 78w; 
section 319 of the Trust Indenture Act of 1939, 15 U.S.C. 77sss; 
sections 38 and 40 of the Investment Company Act of 1940, 15 U.S.C. 
80a-37 and 80a-39; and section 211 of the Investment Advisers Act of 
1940, 15 U.S.C. 80b-11.

List of Subjects in 17 CFR Part 200

    Authority delegations (Government agencies).

Text of Adopted Rule

0
For the reasons set out in the preamble, Title 17, Chapter II of the 
Code of Federal Regulations is amended as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND 
REQUESTS

0
1. The authority citation for part 200, subpart A, continues to read as 
follows:

    Authority: 15 U.S.C. 77s, 77o, 77sss, 78d, 78d-1, 78d-2, 78w, 
78ll(d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted.


0
2. Section 200.30-10 is amended by:
0
a. Removing ``the Public Utility Holding Company Act of 1935, 15 U.S.C. 
79a et seq.,'' in the introductory text to paragraph (a);
0
b. Removing the period at the end of paragraph (a)(7) and in its place 
adding a semicolon; and
0
c. Adding paragraph (a)(8).
    The addition reads as follows:


Sec.  200.30-10  Delegation of authority to Chief Administrative Law 
Judge.

* * * * *
    (a) * * *
    (8) To grant motions of staff counsel to discontinue administrative 
proceedings as to a particular respondent who has died or cannot be 
found, or because of a mistake in the identity of a respondent named in 
the order for proceedings.
* * * * *

    Dated: December 4, 2006.

    By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E6-20884 Filed 12-7-06; 8:45 am]
BILLING CODE 8011-01-P