Technical Amendments To Correct Cross-References; Correction, 36359-36360 [E7-12828]

Download as PDF Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Rules and Regulations sroberts on PROD1PC70 with RULES quoted on the OTCBB and pink sheets, are not currently subject to any price test restrictions. Thus, we have concluded that it would be inconsistent with the goal of the amendments to phase-in small capitalization securities or to further clarify, consolidate, or simplify the amendments for small entities. Finally, the amendments will impose performance standards rather than design standards. IX. Administrative Procedure Act Section 553(d) of the Administrative Procedure Act (‘‘APA’’) generally provides that a substantive rule may not be made effective less than 30 days after notice is published in the Federal Register.138 Two exceptions to the 30day requirement, among others, are (i) for a substantive rule that relieves a restriction, and (ii) an agency’s finding of good cause for providing a shorter effective date.139 The amendments will remove all current restrictions on the price at which a security can be sold short. Because the amendments relieve a restriction on short selling, these amendments may be made effective less than 30 days after notice is published in the Federal Register. In addition, we note that a number of commenters to the proposed amendments discussed potential reprogramming costs that market participants may incur if the proposed amendments are not effective prior to the Regulation NMS Compliance Date.140 In meeting the Regulation NMS Compliance Date, market participants have been developing new systems or modifying existing systems to be Regulation NMS-compliant. Immediate effectiveness of these amendments is necessary to provide market participants with sufficient notice and time prior to the Regulation NMS Compliance Date to reprogram their systems without regard to current price test restrictions. Specifically, immediate effectiveness of the amendments is expected to alleviate any necessity for market participants to, in the course of instituting programming changes to meet the requirements of Regulation NMS, program systems to comply with price test restrictions, only to be required to reverse such programming shortly thereafter. Absent immediate effectiveness, market participants may expend unnecessary time and resources programming systems to comply with 138 5 U.S.C. 553(d). id. at 553(d)(1), 553(d)(3). 140 See, e.g., STA Letter, supra note 23; UBS Letter, supra note 23; SIFMA Letter, supra note 23. 139 See VerDate Aug<31>2005 16:12 Jul 02, 2007 Jkt 211001 price test restrictions that are being removed. Thus, the Commission finds that there is good cause for making the amendments effective immediately upon publication in the Federal Register. X. Statutory Authority and Text of the Amendments Pursuant to the Exchange Act and, particularly, Sections 2, 3(b), 6, 9(a), 10(a), 11A, 15, 15A, 17, 17A, 23(a) thereof, 15 U.S.C. 78b, 78c(b), 78f, 78i(a), 78j(a), 78k–1, 78o, 78o–3, 78q, 78q–1, 78w(a), the Commission is removing Rule 10a–1, § 240.10a–1, and amending Regulation SHO, §§ 242.200 and 201. Text of the Amendments to Rule 10a– 1 and Regulation SHO List of Subjects in 17 CFR Parts 240 and 242 Brokers, Fraud, Reporting and recordkeeping requirements, Securities. I For the reasons set out in the preamble, Title 17, Chapter II, of the Code of Federal Regulations is amended as follows. PART 240—GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF 1934 1. The authority citation for part 240 continues to read in part as follows: 36359 § 242.200 Definition of ‘‘short sale’’ and marking requirements. * * * * * (g) A broker or dealer must mark all sell orders of any equity security as ‘‘long’’ or ‘‘short.’’ * * * * * I 5. Section 242.201 is added to read as follows: § 242.201 Price test. (a) No short sale price test, including any short sale price test of any selfregulatory organization, shall apply to short sales in any security. (b) No self-regulatory organization shall have any rule that is not in conformity with, or conflicts with, paragraph (a) of this section. Dated: June 28, 2007. By the Commission. J. Lynn Taylor, Assistant Secretary. [FR Doc. E7–12868 Filed 7–2–07; 8:45 am] BILLING CODE 8010–01–P SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 402 [Regulation No. 2; Docket No.—SSA–2007– 0020] I Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 78j–1, 78k, 78k–1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u–5, 78w, 78x, 78ll, 78mm, 80a– 20, 80a–23, 80a–29, 80a–37, 80b–3, 80b–4, 80b–11, and 7201 et. seq.; and 18 U.S.C. 1350, unless otherwise noted. * * § 240.10a * * * [Removed] 2. Section 240.10a–1 is removed and reserved and the undesignated heading preceding the section is removed. I PART 242—REGULATIONS M, SHO, ATS, AC AND NMS, AND CUSTOMER MARGIN REQUIREMENTS FOR SECURITY FUTURES 3. The authority citation for part 242 continues to read as follows: I Authority: 15 U.S.C. 77g, 77q(a), 77s(a), 78b, 78c, 78g(c)(2), 78i(a), 78j, 78k–1(c), 78l, 78m, 78n, 78o(b), 78o(c), 78o(g), 78q(a), 78q(b), 78q(h), 78w(a), 78dd–1, 78mm, 80a– 23, 80a–29, and 80a–37. 4. Section 242.200 is amended by revising the introductory text of paragraph (g) and removing and reserving paragraph (g)(2) to read as follows: I PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 RIN 0960–AG46 Technical Amendments To Correct Cross-References; Correction Social Security Administration. Correcting amendments. AGENCY: ACTION: SUMMARY: This document contains corrections to the final regulations published in the Federal Register of Thursday, March 29, 2007 (72 FR 14669). The regulations were intended to correct incorrect cross-references in the CFR. DATES: Effective Date: Effective on July 3, 2007. FOR FURTHER INFORMATION CONTACT: Rosemarie A. Greenwald, Social Insurance Specialist, Office of Regulations, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401. Call (410) 966–7813 or TTY 1–800–325– 0778 for information about these correcting amendments. For information on eligibility or filing for benefits, call our national toll-free numbers 1–(800)– 772–1213 or TTY 1–(800)–325–0778. You may also contact Social Security online at http://www.socialsecurity.gov/. SUPPLEMENTARY INFORMATION: E:\FR\FM\03JYR1.SGM 03JYR1 36360 Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Rules and Regulations Background The final regulations published March 29, 2007, changed cross-references in 20 CFR 402.35(b)(2) from §§ 404.984(b), 410.610c(b) and 416.1484(b) to §§ 404.985(c), 410.670c(b) and 416.1485(c), respectively. However, two of the new cross-references, §§ 404.985(c) and 416.1485(c) should have been §§ 404.985(b) and 416.1485(b). In addition, we omitted another set of corrections in the same CFR section. The next-to-last sentence incorrectly cites 20 CFR 404.984, 410.610, and 416.1484, which should correctly read as 20 CFR 404.985(c), 410.670c, and 416.1485(c), respectively. Need for Correction As published, the final regulations contained errors at 20 CFR 402.35(b)(2). Therefore, we are changing the last two sentences of that section to reflect correct CFR citations and crossreferences. (Catalog of Federal Domestic Assistance Programs Nos. 96.001 Social Security— Disability Insurance; 96.002 Social Security—Retirement Insurance; 96.004 Social Security—Survivors Insurance and 96.006 Supplemental Security Income.) Administrative practice and procedure; Freedom of information. Dated: June 27, 2007. Paul Kryglik, Acting SSA Regulations Officer. Accordingly, part 402 of chapter III of title 20 of the Code of Federal Regulations is corrected by making the following correcting amendments: I PART 402—AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC 1. The authority citation for part 402 continues to read as follows: I Authority: Secs. 205, 702(a)(5), and 1106 of the Social Security Act; (42 U.S.C. 405, 902(a)(5), and 1306); 5 U.S.C. 552 and 552a; 8 U.S.C. 1360; 18 U.S.C. 1905; 26 U.S.C. 6103; 30 U.S.C. 923(b); 31 U.S.C. 9701; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235. 2. Section 402.35 is being corrected by revising the second and third sentences of paragraph (b)(2) to read as follows: I Publication. sroberts on PROD1PC70 with RULES * * * * * (b) * * * (2) * * * They are binding on all components of the Social Security Administration, except with respect to claims subject to the relitigation procedures established in 20 CFR VerDate Aug<31>2005 16:12 Jul 02, 2007 Jkt 211001 [FR Doc. E7–12828 Filed 7–2–07; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 880 [Docket No. 2007N–0198 ] Medical Devices; General Hospital and Personal Use Devices; Classification of the Filtering Facepiece Respirator for Use by the General Public in Public Health Medical Emergencies AGENCY: Food and Drug Administration, HHS. ACTION: List of Subjects in 20 CFR Part 402 § 402.35 404.985(c), 410.670c, and 416.1485(c). For a description of Social Security Acquiescence Rulings, see 20 CFR 404.985(b), 410.670c(b), and 416.1485(b) of this title. * * * * * Final rule. SUMMARY: The Food and Drug Administration (FDA) is classifying the filtering facepiece respirator for use by the general public in public health medical emergencies into class II (special controls). The agency is classifying these devices into class II (special controls) in order to provide a reasonable assurance of the safety and effectiveness of these devices and is specifying what those special controls are. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of a guidance document entitled, ‘‘Guidance for Industry and Food and Drug Administration Staff; Class II Special Controls Guidance Document: Filtering Facepiece Respirator for Use by the General Public in Public Health Medical Emergencies.’’ This guidance document will serve as one of the special controls, along with certification of the respirator by the National Institute for Occupational Safety and Health (NIOSH) in accordance with its regulations for nonpowered air-purifying particulate respirators, found in 42 CFR part 84, as specified in the classification regulation. DATES: This rule is effective August 2, 2007. The classification was effective May 8, 2007. FOR FURTHER INFORMATION CONTACT: Sheila A. Murphey, Center for Devices and Radiological Health (HFZ–480), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 240–276–3700. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 I. What is the Background of this Rulemaking? In accordance with section 513(f)(1) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360c(f)(1)), devices that were not in commercial distribution before May 28, 1976, the date of enactment of the Medical Device Amendments of 1976 (the amendments), generally referred to as postamendments devices, are classified automatically by statute into class III without any FDA rulemaking process. These devices remain in class III and require premarket approval, unless the device is classified or reclassified into class I or class II, or FDA issues an order finding the device to be substantially equivalent, in accordance with section 513(i) of the act, to a predicate device that does not require premarket approval. The agency determines whether new devices are substantially equivalent to predicate devices by means of premarket notification procedures in section 510(k) of the act (21 U.S.C. 360(k)) and part 807 (21 CFR part 807) of FDA’s regulations. Section 513(f)(2) of the act provides that any person who submits a premarket notification under section 510(k) of the act for a device that has not previously been classified may, within 30 days after receiving an order classifying the device in class III under section 513(f)(1) of the act, request FDA to classify the device under the criteria set forth in section 513(a)(1) of the act. FDA shall, within 60 days of receiving such a request, classify the device by written order. This classification shall be the initial classification of the device type. Within 30 days after the issuance of an order classifying the device, FDA must publish a notice in the Federal Register announcing such classification (section 513(f)(2) of the act). In accordance with section 513(f)(1) of the act, FDA issued an order on August 30, 2006, classifying the two 3M filtering facepiece respirators intended for use by the general public in public health medical emergencies (designated at that time as the 3MTM N95 Home Respirator with Fluid Resistance and 3MTM N95 Home Respirator) in class III, because each device was not substantially equivalent to a device that was introduced or delivered for introduction into interstate commerce for commercial distribution before May 28, 1976, or a device that was subsequently reclassified into class I or class II. On October 3, 2006, 3M Inc. submitted a petition requesting initial classification of these devices under section 513(f) (2) of the act. The manufacturer recommended that the E:\FR\FM\03JYR1.SGM 03JYR1

Agencies

[Federal Register Volume 72, Number 127 (Tuesday, July 3, 2007)]
[Rules and Regulations]
[Pages 36359-36360]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12828]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 402

[Regulation No. 2; Docket No.--SSA-2007-0020]
RIN 0960-AG46


Technical Amendments To Correct Cross-References; Correction

AGENCY: Social Security Administration.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final regulations 
published in the Federal Register of Thursday, March 29, 2007 (72 FR 
14669). The regulations were intended to correct incorrect cross-
references in the CFR.

DATES: Effective Date: Effective on July 3, 2007.

FOR FURTHER INFORMATION CONTACT: Rosemarie A. Greenwald, Social 
Insurance Specialist, Office of Regulations, Social Security 
Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401. Call 
(410) 966-7813 or TTY 1-800-325-0778 for information about these 
correcting amendments. For information on eligibility or filing for 
benefits, call our national toll-free numbers 1-(800)-772-1213 or TTY 
1-(800)-325-0778. You may also contact Social Security online at  
http://www.socialsecurity.gov/.

SUPPLEMENTARY INFORMATION:

[[Page 36360]]

Background

    The final regulations published March 29, 2007, changed cross-
references in 20 CFR 402.35(b)(2) from Sec. Sec.  404.984(b), 
410.610c(b) and 416.1484(b) to Sec. Sec.  404.985(c), 410.670c(b) and 
416.1485(c), respectively. However, two of the new cross-references, 
Sec. Sec.  404.985(c) and 416.1485(c) should have been Sec. Sec.  
404.985(b) and 416.1485(b). In addition, we omitted another set of 
corrections in the same CFR section. The next-to-last sentence 
incorrectly cites 20 CFR 404.984, 410.610, and 416.1484, which should 
correctly read as 20 CFR 404.985(c), 410.670c, and 416.1485(c), 
respectively.

Need for Correction

    As published, the final regulations contained errors at 20 CFR 
402.35(b)(2). Therefore, we are changing the last two sentences of that 
section to reflect correct CFR citations and cross-references.

(Catalog of Federal Domestic Assistance Programs Nos. 96.001 Social 
Security--Disability Insurance; 96.002 Social Security--Retirement 
Insurance; 96.004 Social Security--Survivors Insurance and 96.006 
Supplemental Security Income.)

List of Subjects in 20 CFR Part 402

    Administrative practice and procedure; Freedom of information.

    Dated: June 27, 2007.
Paul Kryglik,
Acting SSA Regulations Officer.

0
Accordingly, part 402 of chapter III of title 20 of the Code of Federal 
Regulations is corrected by making the following correcting amendments:

PART 402--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC

0
1. The authority citation for part 402 continues to read as follows:

    Authority: Secs. 205, 702(a)(5), and 1106 of the Social Security 
Act; (42 U.S.C. 405, 902(a)(5), and 1306); 5 U.S.C. 552 and 552a; 8 
U.S.C. 1360; 18 U.S.C. 1905; 26 U.S.C. 6103; 30 U.S.C. 923(b); 31 
U.S.C. 9701; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235.


0
2. Section 402.35 is being corrected by revising the second and third 
sentences of paragraph (b)(2) to read as follows:


Sec.  402.35  Publication.

* * * * *
    (b) * * *
    (2) * * * They are binding on all components of the Social Security 
Administration, except with respect to claims subject to the 
relitigation procedures established in 20 CFR 404.985(c), 410.670c, and 
416.1485(c). For a description of Social Security Acquiescence Rulings, 
see 20 CFR 404.985(b), 410.670c(b), and 416.1485(b) of this title.
* * * * *
 [FR Doc. E7-12828 Filed 7-2-07; 8:45 am]
BILLING CODE 4191-02-P