Delegation of Authority to the General Counsel, 20411-20412 [E9-10123]

Download as PDF Federal Register / Vol. 74, No. 84 / Monday, May 4, 2009 / Rules and Regulations extending from the 6.8-mile radius to 7.4 miles south of the airport, excluding that airspace within a 1⁄2 mile radius of Rooke Field, and excluding that airspace within the Corpus Christi, TX Class E airspace area. * * * * * Issued in Fort Worth, TX, on April 22, 2009. Roger M. Trevino, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. E9–9989 Filed 5–1–09; 8:45 am] BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 200 [Release No. 34–59829] Delegation of Authority to the General Counsel tjames on PRODPC75 with RULES AGENCY: Securities and Exchange Commission. ACTION: Final rule. SUMMARY: The Commission is amending its rules to delegate to the General Counsel its authority to designate officers in authorized investigations conducted by the Office of General Counsel. The Office of General Counsel of the Commission has the authority to conduct authorized investigations under Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u) of possible violations by attorneys of the Commission Rules of Practice. In connection with these investigations, it may be necessary from time to time to amend the formal orders to add or remove officers designated to conduct the inquiry. A delegation of authority to the General Counsel to designate officers would spare the Commissioners and their staffs from having to review matters in which the Commission has already issued an order and which implicate no policy issues. This would allow the General Counsel to designate additional officers to take testimony and conduct investigations in those matters or similarly remove officer designations as may be necessary. This authority is identical to that granted to the Director of the Division of Enforcement with respect to authorized investigations conducted by that Division. DATES: Effective Date: May 4, 2009. FOR FURTHER INFORMATION CONTACT: Donna McCaffrey, 202–551–5174, Office of General Counsel, Office of Litigation and Administrative Practice, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549– 9612. VerDate Nov<24>2008 15:04 May 01, 2009 Jkt 217001 Section 21 (a)(1) of the Securities Exchange Act of 1934 (‘‘Exchange Act’’) authorizes the Commission to conduct investigations regarding violations of the Exchange Act or its related rules or regulations. As part of such investigations, under Section 21(b) of the Exchange Act, the Commission may designate officers to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda or other records which the Commission deems relevant or material to the inquiry. The Commission is delegating to the General Counsel the authority to designate additional officers in authorized investigations and to remove designated officers as necessary. This delegated authority will also apply to already authorized investigations by the Commission, so the delegation will allow the General Counsel to designate additional officers for an authorized investigation or rescind designations as the investigation proceeds. Nevertheless, the staff may submit matters to the Commission for consideration, as it deems appropriate. Administrative Law Matters: The Commission finds, in accordance with the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(A)), that this revision relates solely to agency organization, procedures, or practices. Therefore, the provisions of the APA regarding notice of the proposed rulemaking and opportunities for public participation are not applicable.1 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.2 Additionally, the provisions of the Regulatory Flexibility Act, which apply only when notice and comment are required by the APA or other law, are not applicable.3 Section 23(a)(2) of the Exchange Act requires the Commission, in adopting rules under the 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 burdens on parties in authorized investigations. Finally, these amendments do not contain any collection of information requirements as defined by the SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995, as amended.4 Accordingly, it is effective May 4, 2009. List of Subjects in 17 CFR Part 200 Administrative practice and procedure, Authority delegations (Government agencies). Text of Amendment 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 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. * * * * U.S.C. 533. U.S.C. 804(3)(C). 3 5 U.S.C. 603. § 200–30–14 Delegation of authority to the General Counsel. * * * * * (m)(1) To designate officers empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, contracts, agreements, or other records in the course of investigations instituted by the Commission pursuant to Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u) including for possible violations by attorneys of Rule 102(e) of the Commission Rules of Practice (17 CFR 201.102(e)). (2) To terminate the authority of officers to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, contracts, agreements, or other records in the course of investigations instituted by the Commission pursuant to Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u) including for possible violations by attorneys of Rule 102(e) of the Commission Rules of Practice (17 CFR 201.102(e)). 25 PO 00000 Frm 00007 Fmt 4700 4 44 Sfmt 4700 * 2. Section 200.30–14 is amended by adding paragraph (m) to read as follows: ■ By the Commission. 15 20411 U.S.C. 3501 et seq. E:\FR\FM\04MYR1.SGM 04MYR1 20412 Federal Register / Vol. 74, No. 84 / Monday, May 4, 2009 / Rules and Regulations Dated: April 28, 2009. Elizabeth M. Murphy, Secretary. [FR Doc. E9–10123 Filed 5–1–09; 8:45 am] Coast Guard rule, call or e-mail Lieutenant Commander Marcella Granquist, Waterways Management Division, U.S. Coast Guard Sector Honolulu, telephone 808–842–2600, e-mail Marcella.A.Granquist@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: 33 CFR Part 165 Regulatory Information [Docket No. USCG–2009–0159] On March 31, 2009, we published a notice of proposed rulemaking (NPRM) entitled Safety Zone; Barge BDL235, Pago Pago Harbor, American Samoa in the Federal Register (73 FR 3316). We received no comments on the proposed rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. The safety zone is necessary to protect other vessels, the general public, and the divers from hazards associated with dive operations. BILLING CODE 8010–01–P DEPARTMENT OF HOMELAND SECURITY RIN 1625–AA00 Safety Zone; Barge BDL235, Pago Pago Harbor, American Samoa Coast Guard, DHS. Temporary final rule. AGENCY: tjames on PRODPC75 with RULES ACTION: SUMMARY: The Coast Guard is establishing a temporary 100-foot (30.5 meter) radius safety zone around the 142 foot Barge BDL235 while it is performing operations in and around the CHEHALIS wreck. The wreck’s approximate position is 14°16.52′ S, 170°40.56′ W (about 350 feet north of the fuel dock in Pago Pago Harbor, American Samoa). The safety zone is necessary to protect other vessels and the general public from hazards associated with dive operations. DATES: This rule is effective from 6 a.m. local American Samoa time on April 23, 2009 through 8 p.m. local American Samoa time on May 09, 2009. If suspension of enforcement occurs earlier than May 9, 2009 notice of termination of the rule will be published in the Federal Register and will be announced over marine band VHF channel 16 to ensure ample public notification. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2009–0159 and are available online by going to https:// www.regulations.gov, selecting the Advanced Docket Search option on the right side of the screen, inserting USCG– 2009–0159 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. This material is also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary VerDate Nov<24>2008 15:04 May 01, 2009 Jkt 217001 Background and Purpose On October 7, 1949 the 4,130-ton gasoline tanker CHEHALIS sank in Pago Pago Inner Harbor, in an estimated 160 feet of water, approximately 350 feet from the fuel dock located near Goat Island Point, Pago Pago, American Samoa. Today, the CHEHALIS wreck remains a potential pollution threat to the environment. The U.S. Coast Guard is scheduled to conduct dive operations to determine and mitigate the wreck’s potential pollution threat to the area from April through May 2009. Discussion of Comments and Changes No comments were received and no changes were made. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Vessels will be able to transit around the zone. The Sector Honolulu Captain PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 of the Port will allow vessels in the zone on a case-by-case basis. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities since vessels will be allowed to transit around the 100-foot temporary Safety Zone that will be centered over the CHEHALIS wreck at approximately 350 feet from the fuel dock in Pago Pago Inner Harbor, American Samoa. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), in the NPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed E:\FR\FM\04MYR1.SGM 04MYR1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 74, Number 84 (Monday, May 4, 2009)]
[Rules and Regulations]
[Pages 20411-20412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10123]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release No. 34-59829]


Delegation of Authority to the General Counsel

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission is amending its rules to delegate to the 
General Counsel its authority to designate officers in authorized 
investigations conducted by the Office of General Counsel. The Office 
of General Counsel of the Commission has the authority to conduct 
authorized investigations under Section 21 of the Securities Exchange 
Act of 1934 (15 U.S.C. 78u) of possible violations by attorneys of the 
Commission Rules of Practice. In connection with these investigations, 
it may be necessary from time to time to amend the formal orders to add 
or remove officers designated to conduct the inquiry.
    A delegation of authority to the General Counsel to designate 
officers would spare the Commissioners and their staffs from having to 
review matters in which the Commission has already issued an order and 
which implicate no policy issues. This would allow the General Counsel 
to designate additional officers to take testimony and conduct 
investigations in those matters or similarly remove officer 
designations as may be necessary. This authority is identical to that 
granted to the Director of the Division of Enforcement with respect to 
authorized investigations conducted by that Division.

DATES: Effective Date: May 4, 2009.

FOR FURTHER INFORMATION CONTACT: Donna McCaffrey, 202-551-5174, Office 
of General Counsel, Office of Litigation and Administrative Practice, 
Securities and Exchange Commission, 100 F Street, NE., Washington, DC 
20549-9612.

SUPPLEMENTARY INFORMATION: Section 21 (a)(1) of the Securities Exchange 
Act of 1934 (``Exchange Act'') authorizes the Commission to conduct 
investigations regarding violations of the Exchange Act or its related 
rules or regulations. As part of such investigations, under Section 
21(b) of the Exchange Act, the Commission may designate officers to 
administer oaths and affirmations, subpoena witnesses, compel their 
attendance, take evidence, and require the production of any books, 
papers, correspondence, memoranda or other records which the Commission 
deems relevant or material to the inquiry.
    The Commission is delegating to the General Counsel the authority 
to designate additional officers in authorized investigations and to 
remove designated officers as necessary. This delegated authority will 
also apply to already authorized investigations by the Commission, so 
the delegation will allow the General Counsel to designate additional 
officers for an authorized investigation or rescind designations as the 
investigation proceeds.
    Nevertheless, the staff may submit matters to the Commission for 
consideration, as it deems appropriate.
    Administrative Law Matters:
    The Commission finds, in accordance with the Administrative 
Procedure Act (APA) (5 U.S.C. 553(b)(3)(A)), that this revision relates 
solely to agency organization, procedures, or practices. Therefore, the 
provisions of the APA regarding notice of the proposed rulemaking and 
opportunities for public participation are not applicable.\1\ 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.\2\ Additionally, the provisions of the Regulatory 
Flexibility Act, which apply only when notice and comment are required 
by the APA or other law, are not applicable.\3\ Section 23(a)(2) of the 
Exchange Act requires the Commission, in adopting rules under the 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 burdens on parties in authorized 
investigations. Finally, these amendments do not contain any collection 
of information requirements as defined by the Paperwork Reduction Act 
of 1995, as amended.\4\
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    \1\ 5 U.S.C. 533.
    \2\ 5 U.S.C. 804(3)(C).
    \3\ 5 U.S.C. 603.
    \4\ 44 U.S.C. 3501 et seq.
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    Accordingly, it is effective May 4, 2009.

List of Subjects in 17 CFR Part 200

    Administrative practice and procedure, Authority delegations 
(Government agencies).

Text of Amendment

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 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. Section 200.30-14 is amended by adding paragraph (m) to read as 
follows:


Sec.  200-30-14   Delegation of authority to the General Counsel.

* * * * *
    (m)(1) To designate officers empowered to administer oaths and 
affirmations, subpoena witnesses, compel their attendance, take 
evidence, and require the production of any books, papers, 
correspondence, memoranda, contracts, agreements, or other records in 
the course of investigations instituted by the Commission pursuant to 
Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u) 
including for possible violations by attorneys of Rule 102(e) of the 
Commission Rules of Practice (17 CFR 201.102(e)).
    (2) To terminate the authority of officers to administer oaths and 
affirmations, subpoena witnesses, compel their attendance, take 
evidence, and require the production of any books, papers, 
correspondence, memoranda, contracts, agreements, or other records in 
the course of investigations instituted by the Commission pursuant to 
Section 21 of the Securities Exchange Act of 1934 (15 U.S.C. 78u) 
including for possible violations by attorneys of Rule 102(e) of the 
Commission Rules of Practice (17 CFR 201.102(e)).

    By the Commission.


[[Page 20412]]


    Dated: April 28, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-10123 Filed 5-1-09; 8:45 am]
BILLING CODE 8010-01-P

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