Delegations of Authority to the Director of Its Division of Enforcement, 3122 [2010-842]
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Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Rules and Regulations
of the APA requiring notice and
opportunity for comment. Accordingly,
it is effective January 19, 2010.
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 200
List of Subjects in 17 CFR Part 200
[Release No. 34–61339]
Delegations of Authority to the
Director of Its Division of Enforcement
AGENCY: Securities and Exchange
Commission.
ACTION: Final rule.
Text of Amendment
The Securities and Exchange
Commission (‘‘Commission’’) is
amending its rules to delegate authority
to the Director of the Division of
Enforcement (‘‘Division’’) to submit
witness immunity order requests to the
Department of Justice for witnesses who
have provided or have the potential to
provide substantial assistance in the
Commission’s investigations and related
enforcement actions. This delegation is
intended to conserve Commission
resources, enhance the Division’s ability
to detect violations of the federal
securities laws, increase the
effectiveness and efficiency of the
Division’s investigations, and improve
the success of the Commission’s
enforcement actions.
DATES: Effective Date: January 19, 2010.
FOR FURTHER INFORMATION CONTACT: Joan
McKown, Chief Counsel, (202) 551–
4933; or Jordan A. Thomas, Assistant
Chief Litigation Counsel, (202) 551–
4475.
The
Commission today is amending its rules
governing delegations of authority to the
Director of the Division of Enforcement.
The amendment to Rule 30–4 (17 CFR
200.30–4) authorizes the Director of the
Division of Enforcement (‘‘Director’’) to
submit witness immunity order requests
to the Department of Justice for
witnesses who have provided or have
the potential to provide substantial
assistance in the Commission’s
investigations and related enforcement
actions. This delegation is intended to
conserve Commission resources,
enhance the Division’s ability to detect
violations of the federal securities laws,
increase the effectiveness and efficiency
of the Division’s investigations, and
improve the success of the
Commission’s enforcement actions.
Nevertheless, the Division may
submit matters to the Commission for
consideration, as it deems appropriate.
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. It
is therefore not subject to the provisions
jlentini on DSKJ8SOYB1PROD with RULES3
VerDate Nov<24>2008
17:09 Jan 15, 2010
Jkt 220001
For the reasons set out in the
preamble, Title 17, Chapter II of the
Code of Federal Regulations is amended
as follows:
17 CFR Part 202
[Release No. 34–61340]
Policy Statement Concerning
Cooperation by Individuals in Its
Investigations and Related
Enforcement Actions
■
SUMMARY:
SUPPLEMENTARY INFORMATION:
Administrative practice and
procedure, Authority delegations
(Government agencies).
SECURITIES AND EXCHANGE
COMMISSION
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, 77d,
78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37,
80b–11, and 7202, unless otherwise noted.
*
*
*
*
*
2. Section 200.30–4 is amended by
adding paragraph (a)(14) to read as
follows:
■
§ 200.30–4 Delegation of authority to
Director of Division of Enforcement.
*
*
*
*
*
(a) * * *
(14) To submit witness immunity
requests to the U.S. Attorney General for
approval to seek an order compelling an
individual to give testimony or provide
other information pursuant to a
subpoena that may be necessary to the
public interest in connection with
investigations and related enforcement
actions pursuant to section 22(b) of the
Securities Act of 1933 (15 U.S.C.
77v(b)), section 21(c) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u(c)),
section 42(c) of the Investment
Company Act of 1940 (15 U.S.C. 80a41(c)) and section 209(c) of the
Investment Advisers Act of 1940 (15
U.S.C. 80b-9(c)).
*
*
*
*
*
By the Commission.
Dated: January 13, 2010.
Elizabeth M. Murphy,
Secretary.
PO 00000
ACTION:
Policy statement.
SUMMARY: The Securities and Exchange
Commission is issuing a policy
statement announcing the analytical
framework it uses to evaluate
cooperation by individuals.
DATES:
Effective Date: January 19, 2010.
FOR FURTHER INFORMATION CONTACT: Joan
McKown, Chief Counsel, (202) 551–
4933; or Jordan A. Thomas, Assistant
Chief Litigation Counsel, (202) 551–
4475.
The
Securities and Exchange Commission is
issuing a policy statement announcing
the analytical framework it uses to
evaluate cooperation by individuals.
This framework serves two important
purposes: it promotes the fair and
effective exercise of discretion by the
Commission, and it enhances
confidence on the part of the public and
cooperating individuals that decisions
regarding cooperation in the
Commission’s investigations and related
enforcement actions will be made in an
appropriate and consistent manner.
The provisions of the Administrative
Procedure Act (‘‘APA’’), 5 U.S.C. 553,
regarding notice of proposed
rulemaking, opportunities for public
comment, and prior publication are not
applicable to general statements of
policy, such as this policy statement.
Similarly, the provisions of the
Regulatory Flexibility Act, 5 U.S.C. 601–
602, apply only when notice and
comment are required by the APA or
another statute and are therefore not
applicable.
SUPPLEMENTARY INFORMATION:
List of Subjects in 17 CFR Part 202
[FR Doc. 2010–842 Filed 1–15–10; 8:45 am]
BILLING CODE 8011–01–P
AGENCY: Securities and Exchange
Commission.
Administrative practice and
procedure.
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:
■
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[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Rules and Regulations]
[Page 3122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-842]
[[Page 3121]]
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Part V
Securities and Exchange Commission
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17 CFR Parts 200 and 202
Delegations of Authority to the Director of Its Division of Enforcement
and Policy Statement Concerning Cooperation by Individuals in Its
Investigations and Related Enforcement Actions; Final Rules
Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 /
Rules and Regulations
[[Page 3122]]
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SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 200
[Release No. 34-61339]
Delegations of Authority to the Director of Its Division of
Enforcement
AGENCY: Securities and Exchange Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Securities and Exchange Commission (``Commission'') is
amending its rules to delegate authority to the Director of the
Division of Enforcement (``Division'') to submit witness immunity order
requests to the Department of Justice for witnesses who have provided
or have the potential to provide substantial assistance in the
Commission's investigations and related enforcement actions. This
delegation is intended to conserve Commission resources, enhance the
Division's ability to detect violations of the federal securities laws,
increase the effectiveness and efficiency of the Division's
investigations, and improve the success of the Commission's enforcement
actions.
DATES: Effective Date: January 19, 2010.
FOR FURTHER INFORMATION CONTACT: Joan McKown, Chief Counsel, (202) 551-
4933; or Jordan A. Thomas, Assistant Chief Litigation Counsel, (202)
551-4475.
SUPPLEMENTARY INFORMATION: The Commission today is amending its rules
governing delegations of authority to the Director of the Division of
Enforcement. The amendment to Rule 30-4 (17 CFR 200.30-4) authorizes
the Director of the Division of Enforcement (``Director'') to submit
witness immunity order requests to the Department of Justice for
witnesses who have provided or have the potential to provide
substantial assistance in the Commission's investigations and related
enforcement actions. This delegation is intended to conserve Commission
resources, enhance the Division's ability to detect violations of the
federal securities laws, increase the effectiveness and efficiency of
the Division's investigations, and improve the success of the
Commission's enforcement actions.
Nevertheless, the Division may submit matters to the Commission for
consideration, as it deems appropriate.
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. It is
therefore not subject to the provisions of the APA requiring notice and
opportunity for comment. Accordingly, it is effective January 19, 2010.
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, 77d, 78d-1, 78d-2, 78w,
78ll(d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted.
* * * * *
0
2. Section 200.30-4 is amended by adding paragraph (a)(14) to read as
follows:
Sec. 200.30-4 Delegation of authority to Director of Division of
Enforcement.
* * * * *
(a) * * *
(14) To submit witness immunity requests to the U.S. Attorney
General for approval to seek an order compelling an individual to give
testimony or provide other information pursuant to a subpoena that may
be necessary to the public interest in connection with investigations
and related enforcement actions pursuant to section 22(b) of the
Securities Act of 1933 (15 U.S.C. 77v(b)), section 21(c) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u(c)), section 42(c) of
the Investment Company Act of 1940 (15 U.S.C. 80a-41(c)) and section
209(c) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9(c)).
* * * * *
By the Commission.
Dated: January 13, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-842 Filed 1-15-10; 8:45 am]
BILLING CODE 8011-01-P
