Delegation of Authority to the Director of the Office of Compliance Inspections and Examinations and the Secretary of the Commission, 69531-69532 [E8-27403]

Download as PDF 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. * * * * * 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. * * * * * (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 * * * * * 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. PO 00000 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. E:\FR\FM\19NOR1.SGM 19NOR1 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 http:// 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 Frm 00012 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 19NOR1

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]


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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.

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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.

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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).
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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.
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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