Facilitating Shareholder Director Nominations, 67144-67145 [E9-30076]

Download as PDF 67144 Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Proposed Rules proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. erowe on DSK5CLS3C1PROD with PROPOSALS-1 Availability of NPRMs An electronic copy of this document may be downloaded through the Internet at https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https:// www.faa.gov/airports_airtraffic/ air_traffic/publications/ airspace_amendments/. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA 98057. Persons interested in being placed on a mailing list for future NPRM’s should contact the FAA’s Office of Rulemaking, (202) 267–9677, for a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 to establish Class E surface airspace at Battle Mountain Airport, Battle Mountain, NV. Controlled airspace is necessary to accommodate aircraft using the VOR/ DME SIAPs at Battle Mountain Airport. This action would enhance the safety and management of aircraft operations at the airport. Class E airspace designations are published in paragraph 6002 of FAA Order 7400.9T, signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in this Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to VerDate Nov<24>2008 15:10 Dec 17, 2009 Jkt 220001 keep them operationally current. Therefore, this proposed regulation; (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes the authority for the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace at Battle Mountain Airport, Battle Mountain, NV. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009, is amended as follows: Paragraph 6002 Class E Airspace Designated as Surface Areas. * PO 00000 * * Frm 00005 * Fmt 4702 * Sfmt 4702 AWP NV E2 Battle Mountain, NV [New] Battle Mountain Airport, NV (Lat. 40°35′57″ N., long. 116°52′28″ W.) Within a 4.2-mile radius of Battle Mountain Airport, and within 1.4 miles each side of the 218° bearing extending from the 4.2-mile radius to 7.4 miles southwest of the Battle Mountain Airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. * * * * * Issued in Seattle, Washington, on December 9, 2009. H. Steve Karnes, Acting Manager, Operations Support Group, Western Service Center. [FR Doc. E9–30182 Filed 12–17–09; 8:45 am] BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 200, 232, 240, 249, and 274 [Release Nos. 33–9086; 34–61161; IC– 29069; File No. S7–10–09] RIN 3235–AK27 Facilitating Shareholder Director Nominations AGENCY: Securities and Exchange Commission. ACTION: Proposed rule; re-opening of comment period. SUMMARY: In June 2009, the Securities and Exchange Commission proposed changes to the federal proxy rules in ‘‘Facilitating Shareholder Director Nominations,’’ Release Nos. 33–9046; 34–60089; IC–28765; File No. S7–10–09 (June 10, 2009), 74 FR 29024 (June 18, 2009) (the ‘‘Proposal’’). The Commission is re-opening the comment period to permit interested persons to comment on additional data and related analyses that have been included in the public comment file. DATES: Comments should be received on or before January 19, 2010. ADDRESSES: Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/proposed.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number S7–10–09 on the subject line; or E:\FR\FM\18DEP1.SGM 18DEP1 Federal Register / Vol. 74, No. 242 / Friday, December 18, 2009 / Proposed Rules erowe on DSK5CLS3C1PROD with PROPOSALS-1 • Use the Federal eRulemaking Portal (https://www.regulations.gov). Follow the instructions for submitting comments. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number S7–10–09. This file number should be included on the subject line if e-mail is used. To help us process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (https://www.sec.gov/rules/ proposed.shtml). These comments also are available for Web site viewing and copying in the Commission’s Public Reference Room, 100 F Street, NE., Washington, DC 20549, between the hours of 10 a.m. and 3 p.m. All comments received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: Lillian Brown or Tamara Brightwell, Division of Corporation Finance, at (202) 551–3200, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–4553. SUPPLEMENTARY INFORMATION: In June 2009, the Commission proposed changes to the federal proxy rules that would require a company, under certain circumstances, to include in the company’s proxy statement disclosure concerning a shareholder’s, or group of shareholders’, nominees for director and to include on the company proxy card the names of those nominees.1 In addition, the proposed rules would require companies to include in their proxy materials, under certain circumstances, shareholder proposals that would amend, or that request an amendment to, a company’s governing documents regarding nomination procedures or disclosures related to shareholder nominations, provided the shareholder proposal does not conflict with the Commission’s disclosure rules, including the proposed new rules. The Commission also proposed changes to certain of our other rules and regulations, including the existing exemptions from the proxy rules and the beneficial ownership reporting requirements. The Proposal was 1 Facilitating Shareholder Director Nominations, Release Nos. 33–9046; 34–60089; IC–28765; File No. S7–10–09 (June 10, 2009) [74 FR 29024]. VerDate Nov<24>2008 15:10 Dec 17, 2009 Jkt 220001 published for comment in the Federal Register on June 18, 2009, and the initial comment period closed on August 17, 2009. In connection with the Proposal, a variety of data and related analyses have been submitted and included in the public comment file,2 including data and related analysis by Commission staff. A portion of that data and the related analyses were submitted or added to the public comment file at or after the close of the initial comment period. The Commission is re-opening the comment period to allow interested persons to comment on the additional data and analyses in the public comment file, including the following materials: • Report on Effects of Proposed SEC Rule 14a–11 on Efficiency, Competitiveness and Capital Formation, in Support of Comments by Business Roundtable, NERA Economic Consulting (submitted on August 17, 2009 by the Business Roundtable); • Why Did Some Banks Perform Better During the Credit Crisis? A CrossCountry Study of the Impact of Governance and Regulation, Andrea Beltratti and Rene M. Stulz (submitted on September 11, 2009 by the Business Roundtable); • The Limits of Private Ordering: Restrictions on Shareholders’ Ability to Initiate Governance Change and Distortions of the Shareholder Voting Process, The Corporate Library (submitted on November 18, 2009 by the Shareowner Education Network and the Council of Institutional Investors); and • Supplemental analysis of share ownership and holding period patterns from Form 13F data by the Commission’s Division of Risk, Strategy, and Financial Innovation, dated November 24, 2009. The Commission is re-opening the comment period for the Proposal with regard to the additional data and related analyses for thirty days from the date of publication of this release in the Federal Register. By the Commission. Dated: December 14, 2009. Florence E. Harmon, Deputy Secretary. [FR Doc. E9–30076 Filed 12–17–09; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900–AN21 Specially Adapted Housing and Special Home Adaptation Department of Veterans Affairs. Proposed rule. AGENCY: ACTION: SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations regarding specially adapted housing and special home adaptation grants. The proposed regulations would incorporate certain provisions from the Veterans Benefits Act of 2003, the Veterans Benefits Improvement Act of 2004, the Veterans’ Housing Opportunity and Benefits Improvement Act of 2006, and the Housing and Economic Recovery Act of 2008. The proposed amendments are necessary to conform the regulations to the statutory provisions. DATES: Comments must be received by VA on or before February 16, 2010. ADDRESSES: Written comments may be submitted through www.Regulations.gov; by mail or handdelivery to Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. Comments should indicate that they are submitted in response to ‘‘RIN 2900– AN21—Specially Adapted Housing and Special Home Adaptation.’’ Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m. Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. This is not a toll-free number. In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at https:// www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Thomas Kniffen, Chief, Regulations Staff (211D), Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461–9739. (This is not a toll-free telephone number.) The following public laws revised VA’s statutes regarding specially adapted housing and special home adaptation SUPPLEMENTARY INFORMATION: 2 See Comment File No. S7-10-09, available at https://www.sec.gov/comments/s7-10-09/ s71009.shtml. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 67145 E:\FR\FM\18DEP1.SGM 18DEP1

Agencies

[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Proposed Rules]
[Pages 67144-67145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30076]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 200, 232, 240, 249, and 274

[Release Nos. 33-9086; 34-61161; IC-29069; File No. S7-10-09]
RIN 3235-AK27


Facilitating Shareholder Director Nominations

AGENCY: Securities and Exchange Commission.

ACTION: Proposed rule; re-opening of comment period.

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

SUMMARY: In June 2009, the Securities and Exchange Commission proposed 
changes to the federal proxy rules in ``Facilitating Shareholder 
Director Nominations,'' Release Nos. 33-9046; 34-60089; IC-28765; File 
No. S7-10-09 (June 10, 2009), 74 FR 29024 (June 18, 2009) (the 
``Proposal''). The Commission is re-opening the comment period to 
permit interested persons to comment on additional data and related 
analyses that have been included in the public comment file.

DATES: Comments should be received on or before January 19, 2010.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (https://www.sec.gov/rules/proposed.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File Number S7-10-09 on the subject line; or

[[Page 67145]]

     Use the Federal eRulemaking Portal (https://www.regulations.gov). Follow the instructions for submitting comments.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number S7-10-09. This file number 
should be included on the subject line if e-mail is used. To help us 
process and review your comments more efficiently, please use only one 
method. The Commission will post all comments on the Commission's 
Internet Web site (https://www.sec.gov/rules/proposed.shtml). These 
comments also are available for Web site viewing and copying in the 
Commission's Public Reference Room, 100 F Street, NE., Washington, DC 
20549, between the hours of 10 a.m. and 3 p.m. All comments received 
will be posted without change; we do not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Lillian Brown or Tamara Brightwell, 
Division of Corporation Finance, at (202) 551-3200, U.S. Securities and 
Exchange Commission, 100 F Street, NE., Washington, DC 20549-4553.

SUPPLEMENTARY INFORMATION: In June 2009, the Commission proposed 
changes to the federal proxy rules that would require a company, under 
certain circumstances, to include in the company's proxy statement 
disclosure concerning a shareholder's, or group of shareholders', 
nominees for director and to include on the company proxy card the 
names of those nominees.\1\ In addition, the proposed rules would 
require companies to include in their proxy materials, under certain 
circumstances, shareholder proposals that would amend, or that request 
an amendment to, a company's governing documents regarding nomination 
procedures or disclosures related to shareholder nominations, provided 
the shareholder proposal does not conflict with the Commission's 
disclosure rules, including the proposed new rules. The Commission also 
proposed changes to certain of our other rules and regulations, 
including the existing exemptions from the proxy rules and the 
beneficial ownership reporting requirements. The Proposal was published 
for comment in the Federal Register on June 18, 2009, and the initial 
comment period closed on August 17, 2009.
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    \1\ Facilitating Shareholder Director Nominations, Release Nos. 
33-9046; 34-60089; IC-28765; File No. S7-10-09 (June 10, 2009) [74 
FR 29024].
---------------------------------------------------------------------------

    In connection with the Proposal, a variety of data and related 
analyses have been submitted and included in the public comment 
file,\2\ including data and related analysis by Commission staff. A 
portion of that data and the related analyses were submitted or added 
to the public comment file at or after the close of the initial comment 
period. The Commission is re-opening the comment period to allow 
interested persons to comment on the additional data and analyses in 
the public comment file, including the following materials:
---------------------------------------------------------------------------

    \2\ See Comment File No. S7-10-09, available at https://www.sec.gov/comments/s7-10-09/s71009.shtml.
---------------------------------------------------------------------------

     Report on Effects of Proposed SEC Rule 14a-11 on 
Efficiency, Competitiveness and Capital Formation, in Support of 
Comments by Business Roundtable, NERA Economic Consulting (submitted on 
August 17, 2009 by the Business Roundtable);
     Why Did Some Banks Perform Better During the Credit 
Crisis? A Cross-Country Study of the Impact of Governance and 
Regulation, Andrea Beltratti and Rene M. Stulz (submitted on September 
11, 2009 by the Business Roundtable);
     The Limits of Private Ordering: Restrictions on 
Shareholders' Ability to Initiate Governance Change and Distortions of 
the Shareholder Voting Process, The Corporate Library (submitted on 
November 18, 2009 by the Shareowner Education Network and the Council 
of Institutional Investors); and
     Supplemental analysis of share ownership and holding 
period patterns from Form 13F data by the Commission's Division of 
Risk, Strategy, and Financial Innovation, dated November 24, 2009.
    The Commission is re-opening the comment period for the Proposal 
with regard to the additional data and related analyses for thirty days 
from the date of publication of this release in the Federal Register.

    By the Commission.

    Dated: December 14, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30076 Filed 12-17-09; 8:45 am]
BILLING CODE 8011-01-P
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