Delegation of Authority to the Director of the Office of Compliance Inspections and Examinations and the Secretary of the Commission, 69531-69532 [E8-27403]
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Federal Register / Vol. 73, No. 224 / Wednesday, November 19, 2008 / Rules and Regulations
or other similar synthetic fiber or
materials that are substantially resistant
to damage from mold, mildew, or other
fungi and other rotting agents
propagated in a moist environment; or
(2) Within the preceding 60 days, if
any part of the parachute is composed
of silk, pongee, or other natural fiber or
materials not specified in paragraph
(a)(1) of this section.
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PART 105—PARACHUTE
OPERATIONS
3. The authority citation for part 105
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113–40114,
44701–44702, 44721.
4. Amend § 105.43 by revising
paragraph (a) and (b)(1) to read as
follows:
■
§ 105.43 Use of single-harness, dualparachute systems.
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(a) The main parachute must have
been packed within 180 days before the
date of its use by a certificated
parachute rigger, the person making the
next jump with that parachute, or a noncertificated person under the direct
supervision of a certificated parachute
rigger.
(b) * * *
(1) Within 180 days before the date of
its use, if its canopy, shroud, and
harness are composed exclusively of
nylon, rayon, or similar synthetic fiber
or material that is substantially resistant
to damage from mold, mildew, and
other fungi, and other rotting agents
propagated in a moist environment; or
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Issued in Washington, DC, on November 6,
2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E8–27459 Filed 11–18–08; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 200
[Release No. 34–58938]
cprice-sewell on PROD1PC64 with RULES
Delegation of Authority to the Director
of the Office of Compliance
Inspections and Examinations and the
Secretary of the Commission
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Securities and Exchange
Commission (‘‘Commission’’) is
VerDate Aug<31>2005
14:43 Nov 18, 2008
Jkt 217001
amending Rules 30–18 1 and 30–7 2 to
delegate to the Director of the Office of
Compliance Inspections and
Examinations (‘‘OCIE’’) and the
Secretary of the Commission,
respectively, functions currently
delegated to the Associate Executive
Director of the Office of Filings and
Information Services (‘‘OFIS’’). This redelegation reflects the transfer to OCIE
and the Office of the Secretary of
functions previously performed by
OFIS, which was fully dissolved in May
2007. The Commission is delegating to
the Director of OCIE functions relating
to, among other things, the granting and
cancellation of the registrations of
brokers, dealers, municipal securities
dealers, government securities brokers
or government securities dealers for
which the Commission is the
appropriate regulatory agency, transfer
agents, and investment advisers. The
Commission is delegating to the
Secretary of the Commission the
function of authenticating all
Commission documents produced for
administrative and judicial proceedings.
DATES:
Effective Date: November 19,
2008.
For
information regarding the delegation of
authority to the Director of OCIE,
contact John Walsh, Associate
Director—Chief Counsel, at (202) 551–
6460, or Nancy Hansbrough, Assistant
Chief Counsel, at (202) 551–6475. For
information regarding the delegation of
authority to the Secretary of the
Commission, contact Florence Harmon,
Acting Secretary, at (202) 551–5604.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Discussion
The advent of the Commission’s
Electronic Data Gathering and Retrieval
(‘‘EDGAR’’) system in the 1980s
diminished the need for the processing
of paper filings (formerly the primary
function of OFIS and its predecessor
offices) and, as a result, the number of
staff to handle the filings. In recognition
of this diminished need, OFIS was
dissolved fully in May 2007, with its
functions allocated among other
divisions and offices within the
Commission in order to achieve greater
efficiencies. Certain of these functions
are now performed by OCIE and the
1 17 CFR 200.30–18: Delegation of Authority to
Director of the Office of Compliance Inspections
and Examinations.
2 17 CFR 200.30–7: Delegation of Authority to
Secretary of the Commission.
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Frm 00011
Fmt 4700
Sfmt 4700
69531
Office of the Secretary of the
Commission.3
The Commission today is amending
Rule 30–18 4 and Rule 30–7,5 which
specify the functions delegated to the
Director of OCIE and the Secretary of
the Commission, respectively, to
include functions currently delegated to
the Associate Executive Director of OFIS
in Rule 30–11.6 The functions that are
being delegated to the Director of OCIE
include, among other things, the
granting and cancellation of the
registrations of brokers, dealers,
municipal securities dealers, transfer
agents, investment advisers, and
government securities brokers or
government securities dealers for which
the Commission is the appropriate
regulatory agency.7 They also include
the functions of notifying a broker or
dealer that has failed to comply with
certain requirements of the Securities
Investor Protection Act of 1970 that it is
unlawful to engage in business as a
broker or dealer, and of authorizing a
broker or dealer to resume business
upon compliance.8 The function that is
being delegated to the Secretary of the
Commission is to authenticate all
Commission documents produced for
administrative and judicial
proceedings.9 As a result of these redelegations, Rule 30–11 is being
removed and reserved.
II. Administrative Procedures Act and
Other Administrative Laws
The Commission has determined that
these amendments to its rules relate
solely to the agency’s organization,
procedure or practice. Therefore, the
provisions of the Administrative
Procedures Act (‘‘APA’’) regarding
notice of proposed rulemaking and
opportunities for public participation
are not applicable.10 For the same
reason, and because these amendments
do not substantially affect the rights or
obligations of non-agency parties, the
provisions of the Small Business
Regulatory Enforcement Fairness Act
are not applicable.11 In addition, the
provisions of the Regulatory Flexibility
Act, which apply only when notice and
comment are required by the APA or
3 See 17 CFR 200.30–11: Delegation of Authority
to Associate Executive Director of the Office of
Filings and Information Services.
4 17 CFR 200.30–18.
5 17 CFR 200.30–7.
6 17 CFR 200.30–11: Delegation of Authority to
Associate Executive Director of the Office of Filings
and Information Services.
7 See 17 CFR 200.30–11(a)–(b).
8 See 17 CFR 200.30–11(c).
9 See 17 CFR 200.30–11(e).
10 5 U.S.C. 533.
11 5 U.S.C. 804.
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69532
Federal Register / Vol. 73, No. 224 / Wednesday, November 19, 2008 / Rules and Regulations
other law, are not applicable.12 Finally,
these amendments do not contain any
collection of information requirements
as defined by the Paperwork Reduction
Act of 1995, as amended.13
III. Cost Benefit Analysis
The Commission is sensitive to the
costs and benefits imposed by its rules.
The rule amendments the Commission
is adopting today re-delegate functions
from the Associate Executive Director of
OFIS to the Director of OCIE and the
Secretary of the Commission to reflect
the transfer of OFIS’s responsibilities to
OCIE and the Office of the Secretary.
The re-delegation will update the
Commission’s rules to accurately reflect
that OCIE and the Office of the Secretary
are performing functions previously
performed by OFIS. The Commission
does not believe that the rule
amendments will impose any costs on
non-agency parties, or that if there are
costs, they are negligible.
Authority: 15 U.S.C. 77o, 77s, 77sss, 78d,
78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37,
80b–11, and 7202, unless otherwise noted.
*
*
*
*
2. Amend § 200.30–7 by redesignating
paragraph (c) as paragraph (d).
■ 3. Section 200.30–11(e) is
redesignated as § 200.30–7(c).
■ 4. Amend § 200.30–18 by
redesignating paragraph (j) as paragraph
(m).
■ 5. Section 200.30–11 paragraphs (a),
(b), and (c) are redesignated as § 200.30–
18 paragraphs (j), (k), and (l).
■ 6. Remove and reserve § 200.30–11.
By the Commission.
Dated: November 13, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–27403 Filed 11–18–08; 8:45 am]
For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and insert the
docket number(s), found in brackets in
the heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Martha Nguyen or Michelle Bernstein,
Center for Drug Evaluation and
Research, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 51, rm. 6224, Silver Spring,
MD 20993–0002, 301–796–3601.
SUPPLEMENTARY INFORMATION:
Table of Contents
*
■
BILLING CODE 8011–01–P
IV. Consideration of Burden on
Competition
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Section 23(a)(2) of the Securities
Exchange Act of 1934 (‘‘Exchange Act’’)
requires the Commission, in making
rules pursuant to any provision of the
Exchange Act, to consider among other
matters the impact any such rule would
have on competition. The Commission
does not believe that the amendments
that the Commission is adopting today
will have any impact on competition.
Food and Drug Administration
V. Statutory Basis
The amendments to the Commission’s
delegations are being adopted pursuant
to statutory authority granted to the
Commission, including Section 4A of
the Exchange Act.
VI. Text of Final Amendments
List of Subjects in 17 CFR Part 200
Administrative practices and
procedures, Authority delegations
(Government agencies).
■ 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
cprice-sewell on PROD1PC64 with RULES
Subpart A—Organization and Program
Management
1. The authority citation for part 200
subpart A continues to read in part as
follows:
■
12 5
U.S.C. 601–12.
U.S.C. 3501–20.
13 44
VerDate Aug<31>2005
14:43 Nov 18, 2008
Jkt 217001
21 CFR Part 2
[Docket No. FDA–2007–N–0314] (formerly
2007N–0262)
RIN 0910–AF92
Use of Ozone-Depleting Substances;
Removal of Essential-Use Designation
(Epinephrine)
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
SUMMARY: The Food and Drug
Administration (FDA), after
consultation with the Environmental
Protection Agency (EPA), is amending
FDA’s regulation on the use of ozonedepleting substances (ODSs) in selfpressurized containers to remove the
essential-use designation for
epinephrine used in oral pressurized
metered-dose inhalers (MDIs). The
Clean Air Act requires FDA, in
consultation with the EPA, to determine
whether an FDA-regulated product that
releases an ODS is an essential use of
the ODS. FDA has concluded that there
are no substantial technical barriers to
formulating epinephrine as a product
that does not release ODSs, and
therefore epinephrine would no longer
be an essential use of ODSs as of
December 31, 2011. Epinephrine MDIs
containing an ODS cannot be marketed
after this date.
DATES: This rule is effective December
31, 2011.
PO 00000
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Fmt 4700
Sfmt 4700
ADDRESSES:
I. Introduction and Highlights of the
Rule
II. Background
A. CFCs
B. Regulation of ODSs
1. The 1978 Rules
2. The Montreal Protocol
3. The 1990 Amendments to the Clean
Air Act
4. EPA’s Implementing Regulations
5. FDA’s 2002 Regulation
III. Epinephrine
IV. Criteria
V. Comments on the 2007 Proposed
Rule
A. Do Substantial Technical Barriers
To Formulating Epinephrine
Products Without ODSs Exist?
B. Do OTC Epinephrine MDIs Provide
an Otherwise Unavailable
Important Public Health Benefit?
1. Does Epinephrine Provide a Greater
Therapeutic Benefit Than Similar
Adrenergic Bronchodilators?
2. Does the OTC Marketing Status of
Epinephrine MDIs Provide an
Important Public Health Benefit?
C. Does Use of OTC Epinephrine
MDIs Release Cumulatively
Significant Amounts of ODSs Into
the Atmosphere and Is the Release
Warranted Because OTC
Epinephrine MDIs Provide an
Otherwise Unavailable Important
Public Health Benefit?
D. Effective Date
E. Additional Comments on
Miscellaneous Issues
F. Conclusions
VI. Environmental Impact
VII. Analysis of Impacts
A. Introduction
B. Need for Regulation and the
Objective of This Rule
C. Background
1. CFCs and Stratospheric Ozone
2. The Montreal Protocol
3. Benefits of the Montreal Protocol
E:\FR\FM\19NOR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Rules and Regulations]
[Pages 69531-69532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27403]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 200
[Release No. 34-58938]
Delegation of Authority to the Director of the Office of
Compliance Inspections and Examinations and the Secretary of the
Commission
AGENCY: Securities and Exchange Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Securities and Exchange Commission (``Commission'') is
amending Rules 30-18 \1\ and 30-7 \2\ to delegate to the Director of
the Office of Compliance Inspections and Examinations (``OCIE'') and
the Secretary of the Commission, respectively, functions currently
delegated to the Associate Executive Director of the Office of Filings
and Information Services (``OFIS''). This re-delegation reflects the
transfer to OCIE and the Office of the Secretary of functions
previously performed by OFIS, which was fully dissolved in May 2007.
The Commission is delegating to the Director of OCIE functions relating
to, among other things, the granting and cancellation of the
registrations of brokers, dealers, municipal securities dealers,
government securities brokers or government securities dealers for
which the Commission is the appropriate regulatory agency, transfer
agents, and investment advisers. The Commission is delegating to the
Secretary of the Commission the function of authenticating all
Commission documents produced for administrative and judicial
proceedings.
---------------------------------------------------------------------------
\1\ 17 CFR 200.30-18: Delegation of Authority to Director of the
Office of Compliance Inspections and Examinations.
\2\ 17 CFR 200.30-7: Delegation of Authority to Secretary of the
Commission.
---------------------------------------------------------------------------
DATES: Effective Date: November 19, 2008.
FOR FURTHER INFORMATION CONTACT: For information regarding the
delegation of authority to the Director of OCIE, contact John Walsh,
Associate Director--Chief Counsel, at (202) 551-6460, or Nancy
Hansbrough, Assistant Chief Counsel, at (202) 551-6475. For information
regarding the delegation of authority to the Secretary of the
Commission, contact Florence Harmon, Acting Secretary, at (202) 551-
5604.
SUPPLEMENTARY INFORMATION:
I. Discussion
The advent of the Commission's Electronic Data Gathering and
Retrieval (``EDGAR'') system in the 1980s diminished the need for the
processing of paper filings (formerly the primary function of OFIS and
its predecessor offices) and, as a result, the number of staff to
handle the filings. In recognition of this diminished need, OFIS was
dissolved fully in May 2007, with its functions allocated among other
divisions and offices within the Commission in order to achieve greater
efficiencies. Certain of these functions are now performed by OCIE and
the Office of the Secretary of the Commission.\3\
---------------------------------------------------------------------------
\3\ See 17 CFR 200.30-11: Delegation of Authority to Associate
Executive Director of the Office of Filings and Information
Services.
---------------------------------------------------------------------------
The Commission today is amending Rule 30-18 \4\ and Rule 30-7,\5\
which specify the functions delegated to the Director of OCIE and the
Secretary of the Commission, respectively, to include functions
currently delegated to the Associate Executive Director of OFIS in Rule
30-11.\6\ The functions that are being delegated to the Director of
OCIE include, among other things, the granting and cancellation of the
registrations of brokers, dealers, municipal securities dealers,
transfer agents, investment advisers, and government securities brokers
or government securities dealers for which the Commission is the
appropriate regulatory agency.\7\ They also include the functions of
notifying a broker or dealer that has failed to comply with certain
requirements of the Securities Investor Protection Act of 1970 that it
is unlawful to engage in business as a broker or dealer, and of
authorizing a broker or dealer to resume business upon compliance.\8\
The function that is being delegated to the Secretary of the Commission
is to authenticate all Commission documents produced for administrative
and judicial proceedings.\9\ As a result of these re-delegations, Rule
30-11 is being removed and reserved.
---------------------------------------------------------------------------
\4\ 17 CFR 200.30-18.
\5\ 17 CFR 200.30-7.
\6\ 17 CFR 200.30-11: Delegation of Authority to Associate
Executive Director of the Office of Filings and Information
Services.
\7\ See 17 CFR 200.30-11(a)-(b).
\8\ See 17 CFR 200.30-11(c).
\9\ See 17 CFR 200.30-11(e).
---------------------------------------------------------------------------
II. Administrative Procedures Act and Other Administrative Laws
The Commission has determined that these amendments to its rules
relate solely to the agency's organization, procedure or practice.
Therefore, the provisions of the Administrative Procedures Act
(``APA'') regarding notice of proposed rulemaking and opportunities for
public participation are not applicable.\10\ For the same reason, and
because these amendments do not substantially affect the rights or
obligations of non-agency parties, the provisions of the Small Business
Regulatory Enforcement Fairness Act are not applicable.\11\ In
addition, the provisions of the Regulatory Flexibility Act, which apply
only when notice and comment are required by the APA or
[[Page 69532]]
other law, are not applicable.\12\ Finally, these amendments do not
contain any collection of information requirements as defined by the
Paperwork Reduction Act of 1995, as amended.\13\
---------------------------------------------------------------------------
\10\ 5 U.S.C. 533.
\11\ 5 U.S.C. 804.
\12\ 5 U.S.C. 601-12.
\13\ 44 U.S.C. 3501-20.
---------------------------------------------------------------------------
III. Cost Benefit Analysis
The Commission is sensitive to the costs and benefits imposed by
its rules. The rule amendments the Commission is adopting today re-
delegate functions from the Associate Executive Director of OFIS to the
Director of OCIE and the Secretary of the Commission to reflect the
transfer of OFIS's responsibilities to OCIE and the Office of the
Secretary. The re-delegation will update the Commission's rules to
accurately reflect that OCIE and the Office of the Secretary are
performing functions previously performed by OFIS. The Commission does
not believe that the rule amendments will impose any costs on non-
agency parties, or that if there are costs, they are negligible.
IV. Consideration of Burden on Competition
Section 23(a)(2) of the Securities Exchange Act of 1934 (``Exchange
Act'') requires the Commission, in making rules pursuant to any
provision of the Exchange Act, to consider among other matters the
impact any such rule would have on competition. The Commission does not
believe that the amendments that the Commission is adopting today will
have any impact on competition.
V. Statutory Basis
The amendments to the Commission's delegations are being adopted
pursuant to statutory authority granted to the Commission, including
Section 4A of the Exchange Act.
VI. Text of Final Amendments
List of Subjects in 17 CFR Part 200
Administrative practices and procedures, Authority delegations
(Government agencies).
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
Subpart A--Organization and Program Management
0
1. The authority citation for part 200 subpart A continues to read in
part as follows:
Authority: 15 U.S.C. 77o, 77s, 77sss, 78d, 78d-1, 78d-2, 78w,
78ll(d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted.
* * * * *
0
2. Amend Sec. 200.30-7 by redesignating paragraph (c) as paragraph
(d).
0
3. Section 200.30-11(e) is redesignated as Sec. 200.30-7(c).
0
4. Amend Sec. 200.30-18 by redesignating paragraph (j) as paragraph
(m).
0
5. Section 200.30-11 paragraphs (a), (b), and (c) are redesignated as
Sec. 200.30-18 paragraphs (j), (k), and (l).
0
6. Remove and reserve Sec. 200.30-11.
By the Commission.
Dated: November 13, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-27403 Filed 11-18-08; 8:45 am]
BILLING CODE 8011-01-P
