Technical Amendment to Commission Procedures for Filing Applications for Orders for Exemptive Relief Under Section 36 of the Exchange Act, 43890-43891 [2011-18513]
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43890
Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Rules and Regulations
To limit marketing offers, contact us
[include all that apply]:
—By telephone: 1–877–###–####
—On the Web: www.-.com
—By mail: check the box and complete the
form below, and send the form to:
—[Company name]
—[Company address]
llDo not allow your affiliates to use my
personal information to market to me.
A–2 Model Form for Initial Opt-Out Notice
(Joint Notice)
[Your Choice to Limit Marketing]/[Marketing
Opt Out]
—The [ABC group of companies] is providing
this notice.
—[Optional: Federal law gives you the right
to limit some but not all marketing from
the [ABC] companies. Federal law also
requires us to give you this notice to tell
you about your choice to limit marketing
from the [ABC] companies.]
—You may limit the [ABC companies], such
as the [ABC commodity advisor, futures
clearing merchant, and swap dealer]
affiliates, from marketing their financial
products or services to you based on your
personal information that they receive from
other [ABC] companies. This information
includes your [income], your [account
history], and your [credit score].
—Your choice to limit marketing offers from
the [ABC] companies will apply [until you
tell us to change your choice]/[for x years
from when you tell us your choice]/[for at
least 5 years from when you tell us your
choice]. [Include if the opt-out period
expires.] Once that period expires, you will
receive a renewal notice that will allow
you to continue to limit marketing offers
from the [ABC] companies for [another x
years]/[at least another 5 years].
¥[Include, if applicable, in a subsequent
notice, including an annual notice, for
consumers who may have previously opted
out.] If you have already made a choice to
limit marketing offers from the [ABC]
companies, you do not need to act again
until you receive the renewal notice.
To limit marketing offers, contact us
[include all that apply]:
By telephone: 1–877-###–####
On the Web: www.-.com
By mail: check the box and complete the
form below, and send the form to:
[Company name]
[Company address]
ll Do not allow any company [in the ABC
group of companies] to use my personal
information to market to me.
emcdonald on DSK2BSOYB1PROD with RULES
A–3 Model Form for Renewal Notice (SingleAffiliate Notice)
[Renewing Your Choice To Limit Marketing]/
[Renewing Your Marketing Opt Out]
¥[Name of Affiliate] is providing this notice.
¥[Optional: Federal law gives you the right
to limit some but not all marketing from
our affiliates. Federal law also requires us
to give you this notice to tell you about
your choice to limit marketing from our
affiliates.]
¥You previously chose to limit our affiliates
in the [ABC] group of companies, such as
VerDate Mar<15>2010
19:39 Jul 21, 2011
Jkt 223001
our [commodity advisor, futures clearing
merchant, and swap dealer] affiliates, from
marketing their financial products or
services to you based on your personal
information that we share with them. This
information includes your [income], your
[account history with us], and your [credit
score].
¥Your choice has expired or is about to
expire.
To renew your choice to limit marketing for
[x] more years, contact us [include all that
apply]:
By telephone: 1–877-###–####
On the Web: www.-.com
By mail: check the box and complete the
form below, and send the form to:
[Company name]
[Company address]
llRenew my choice to limit marketing for
[x] more years.
Issued in Washington, DC, on July 7, 2011
by the Commission.
David A. Stawick,
Secretary of the Commission.
A–4 Model Form for Renewal Notice (Joint
Notice)
Appendix 2—Statement of Chairman
Gary Gensler
[Renewing Your Choice To Limit Marketing]/
[Renewing Your Marketing Opt Out]
I support the final rulemaking to extend to
customers of CFTC-regulated entities
protections preventing certain business
affiliated marketing and establishing other
consumer information protections under the
Fair Credit Reporting Act (FCRA). The
rulemaking protects consumers by providing
privacy protections to nonpublic consumer
information held by entities that are subject
to the jurisdiction of the Commission. The
final rulemaking provides customers of
CFTC-regulated entities with the same
privacy protections now enjoyed by the
customers of entities regulated by other
Federal agencies.
The rulemaking has two important
features. First, it allows customers to prohibit
Commission-regulated entities from using
certain consumer information obtained from
an affiliate to make solicitations to that
customer for marketing purposes. This will
be done by means of a customer opt out.
Second, it requires Commission-regulated
entities to develop and implement a written
program and procedures for the proper
disposal of consumer information. The
rulemaking will help prevent the
unauthorized use and disclosure of
nonpublic, consumer information.
¥The [ABC group of companies] is providing
this notice.
¥[Optional: Federal law gives you the right
to limit some but not all marketing from
the [ABC] companies. Federal law also
requires us to give you this notice to tell
you about your choice to limit marketing
from the [ABC] companies.]
¥You previously chose to limit the [ABC
companies], such as the [ABC commodity
advisor, futures clearing merchant, and
swap dealer] affiliates, from marketing
their financial products or services to you
based on your personal information that
they receive from other [ABC] companies.
This information includes your [income],
your [account history], and your [credit
score].
¥Your choice has expired or is about to
expire.
To renew your choice to limit marketing for
[x] more years, contact us [include all that
apply]:
By telephone: 1–877-###–####
On the Web: www.-.com
By mail: check the box and complete the
form below, and send the form to:
[Company name]
[Company address]
ll Renew my choice to limit marketing for
[x] more years.
A–5 Model Form for Voluntary ‘‘No
Marketing’’ Notice
[Your Choice To Stop Marketing]
¥[Name of Affiliate] is providing this notice.
You may choose to stop all marketing from
us and our affiliates.
To stop all marketing offers, contact us
[include all that apply]:
By telephone: 1–877-###–####
On the Web: www.-.com
By mail: check the box and complete the
form below, and send the form to:
[Company name]
[Company address]
ll Do not market to me.
PO 00000
Frm 00088
Fmt 4700
Sfmt 4700
Appendices to Business Affiliate
Marketing and Disposal of Consumer
Information Rules—Commission Voting
Summary and Statements of
Commissioners
Note: The following appendices will not
appear in the Code of Federal Regulations.
Appendix 1—Commission Voting
Summary
On this matter, Chairman Gensler and
Commissioners Dunn, Sommers, O’Malia and
Chilton voted in the affirmative; no
Commissioner voted in the negative.
[FR Doc. 2011–17711 Filed 7–21–11; 8:45 am]
BILLING CODE 6351–01–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 240
[Release No. 34–64913]
Technical Amendment to Commission
Procedures for Filing Applications for
Orders for Exemptive Relief Under
Section 36 of the Exchange Act
Securities and Exchange
Commission.
ACTION: Final rule; technical
amendment.
AGENCY:
E:\FR\FM\22JYR1.SGM
22JYR1
Federal Register / Vol. 76, No. 141 / Friday, July 22, 2011 / Rules and Regulations
The Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
is making technical amendments to the
rule by which applications for
exemptive relief under section 36 of the
Securities and Exchange Act of 1934
(‘‘Exchange Act’’) may be submitted
electronically. The amendments are
intended only to clarify and update
references to an SEC Web site address
and to eliminate certain formatting
requirements.
SUMMARY:
DATES:
Effective Date: July 22, 2011.
FOR FURTHER INFORMATION CONTACT:
Linda Stamp Sundberg, Senior Special
Counsel, at (202) 551–5550, Office of the
Chief Counsel, Division of Trading and
Markets, Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549.
SUPPLEMENTARY INFORMATION: The
Commission is amending § 240.0–12(b)
to update references to an SEC Web site
address to be used in submitting
applications for exemptive relief under
section 36 of the Exchange Act and to
eliminate certain formatting
requirements.
I. Certain Findings
Under the Administrative Procedure
Act (‘‘APA’’), notice of proposed
rulemaking is not required when an
agency, for good cause, finds ‘‘that
notice and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.’’ 1 The
Commission is making technical
changes to update the instructions and
method for submitting a petition. The
Commission finds that because the
amendment is technical in nature and is
being made solely to reflect the changes
in way a person would submit and the
Commission would receive a petition,
publishing the amendment for comment
is unnecessary.2
The APA also requires publication of
a rule at least 30 days before its effective
date unless the agency finds otherwise
for good cause.3 For the same reasons
described above with respect to notice
and opportunity for comment, the
Commission finds that there is good
U.S.C. 553(b).
similar reasons, the amendments do not
require analysis under the Regulatory Flexibility
Act (‘‘RFA’’) or analysis of major rule status under
the Small Business Regulatory Enforcement
Fairness Act. See 5 U.S.C. 601(2) (for purposes of
RFA analysis, the term ‘‘rule’’ means any rule for
which the agency publishes a general notice of
proposed rulemaking); and 5 U.S.C. 804(3)(C) (for
purposes of Congressional review of agency
rulemaking, the term ‘‘rule’’ does not include any
rule of agency organization, procedure or practice
that does not substantially affect the rights or
obligations of non-agency parties).
3 See 5 U.S.C. 553(d)(3).
cause for these technical amendments to
take effect on July 22, 2011.
1350, and 12 U.S.C. 5221(e)(3), unless
otherwise noted.
II. Consideration of Competitive Effects
of Amendment
Section 3(f) of the Exchange Act,4
provides that whenever the Commission
is engaged in rulemaking and is
required to consider or determine
whether an action is necessary or
appropriate in the public interest, the
Commission shall consider, in addition
to the protection of investors, whether
the action will promote efficiency,
competition, and capital formation.
Section 23(a)(2) of the Exchange Act
requires the Commission, in adopting
rules under the Exchange Act, to
consider the competitive effects of such
rules, if any, and to refrain from
adopting a rule that would impose a
burden on competition not necessary or
appropriate in the furtherance of the
purposes of the Exchange Act.5
Because these procedural
amendments are technical in nature,
and do not impose any additional
requirements beyond those already
required, we do not anticipate that the
amendments would have a significant
effect on efficiency, competition, or
capital formation, and we do not
anticipate that any competitive
advantages or disadvantages would be
created.
*
III. Statutory Authority and Text of
Amendment
We are adopting these technical
amendments pursuant to the authority
set forth in the Exchange Act and
particularly Sections 23(a) and 36(a) (15
U.S.C. 78w(a), and 78mm(a),
respectively).
[TD 9530]
List of Subjects in 17 CFR Part 240
Brokers, Confidential business
information, Fraud, Reporting and
recordkeeping requirements, Securities.
For the reasons set out in the
preamble, Title 17, Chapter II of the
Code of Federal Regulations is amended
as follows:
PART 240—GENERAL RULES AND
REGULATIONS, SECURITIES
EXCHANGE ACT OF 1934
15
emcdonald on DSK2BSOYB1PROD with RULES
2 For
VerDate Mar<15>2010
18:10 Jul 21, 2011
Jkt 223001
43891
1. The authority citation for part 240
continues to read, in part, as follows:
■
Authority: 15 U.S.C. 77c, 77d, 77g, 77j,
77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn,
77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j,
78j–1, 78k, 78k–1, 78l, 78m, 78n, 78n–1, 78o,
78o–4, 78p, 78q, 78s, 78u–5, 78w, 78x, 78ll,
78mm, 80a–20, 80a–23, 80a–29, 80a–37, 80b–
3, 80b–4, 80b–11, and 7201 et seq., 18 U.S.C.
PO 00000
4 15
5 15
U.S.C. 78c(f).
U.S.C. 78w(a)(2).
Frm 00089
Fmt 4700
Sfmt 4700
*
*
*
*
2. Section 240.0–12 is amended by
revising paragraph (b) to read as follows:
■
§ 240.0–12 Commission procedures for
filing applications for orders for exemptive
relief under Section 36 of the Exchange Act.
*
*
*
*
*
(b) An applicant may submit a request
electronically. The electronic mailbox to
use for these applications is described
on the Commission’s Web site at
https://www.sec.gov in the ‘‘Exchange
Act Exemptive Applications’’ section. In
the event the electronic mailbox is
revised in the future, applicants can
find the appropriate mailbox by
accessing the ‘‘Electronic Mailboxes at
the Commission’’ section.
*
*
*
*
*
Dated: July 19, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–18513 Filed 7–21–11; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
RIN 1545–BH56
Guidance Under Section 956 for
Determining the Basis of Property
Acquired in Certain Nonrecognition
Transactions; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final and
temporary regulations.
AGENCY:
This document describes a
correction to final and temporary
regulations (TD 9530) that were
published in the Federal Register on
Friday, June 24, 2011, regarding the
determination of basis in certain United
States property acquired by a controlled
foreign corporation in certain
nonrecognition transactions that are
intended to repatriate earnings and
profits of the controlled foreign
corporation without U.S. income
taxation.
SUMMARY:
This correction is effective on
July 22, 2011, and is applicable
beginning June 24, 2011.
FOR FURTHER INFORMATION CONTACT:
Kristine A. Crabtree, (202) 622–3840
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
DATES:
E:\FR\FM\22JYR1.SGM
22JYR1
]]>Agencies
[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Rules and Regulations]
[Pages 43890-43891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18513]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 240
[Release No. 34-64913]
Technical Amendment to Commission Procedures for Filing
Applications for Orders for Exemptive Relief Under Section 36 of the
Exchange Act
AGENCY: Securities and Exchange Commission.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
[[Page 43891]]
SUMMARY: The Securities and Exchange Commission (``SEC'' or
``Commission'') is making technical amendments to the rule by which
applications for exemptive relief under section 36 of the Securities
and Exchange Act of 1934 (``Exchange Act'') may be submitted
electronically. The amendments are intended only to clarify and update
references to an SEC Web site address and to eliminate certain
formatting requirements.
DATES: Effective Date: July 22, 2011.
FOR FURTHER INFORMATION CONTACT: Linda Stamp Sundberg, Senior Special
Counsel, at (202) 551-5550, Office of the Chief Counsel, Division of
Trading and Markets, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549.
SUPPLEMENTARY INFORMATION: The Commission is amending Sec. 240.0-12(b)
to update references to an SEC Web site address to be used in
submitting applications for exemptive relief under section 36 of the
Exchange Act and to eliminate certain formatting requirements.
I. Certain Findings
Under the Administrative Procedure Act (``APA''), notice of
proposed rulemaking is not required when an agency, for good cause,
finds ``that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.'' \1\ The Commission
is making technical changes to update the instructions and method for
submitting a petition. The Commission finds that because the amendment
is technical in nature and is being made solely to reflect the changes
in way a person would submit and the Commission would receive a
petition, publishing the amendment for comment is unnecessary.\2\
---------------------------------------------------------------------------
\1\ 5 U.S.C. 553(b).
\2\ For similar reasons, the amendments do not require analysis
under the Regulatory Flexibility Act (``RFA'') or analysis of major
rule status under the Small Business Regulatory Enforcement Fairness
Act. See 5 U.S.C. 601(2) (for purposes of RFA analysis, the term
``rule'' means any rule for which the agency publishes a general
notice of proposed rulemaking); and 5 U.S.C. 804(3)(C) (for purposes
of Congressional review of agency rulemaking, the term ``rule'' does
not include any rule of agency organization, procedure or practice
that does not substantially affect the rights or obligations of non-
agency parties).
---------------------------------------------------------------------------
The APA also requires publication of a rule at least 30 days before
its effective date unless the agency finds otherwise for good cause.\3\
For the same reasons described above with respect to notice and
opportunity for comment, the Commission finds that there is good cause
for these technical amendments to take effect on July 22, 2011.
---------------------------------------------------------------------------
\3\ See 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------
II. Consideration of Competitive Effects of Amendment
Section 3(f) of the Exchange Act,\4\ provides that whenever the
Commission is engaged in rulemaking and is required to consider or
determine whether an action is necessary or appropriate in the public
interest, the Commission shall consider, in addition to the protection
of investors, whether the action will promote efficiency, competition,
and capital formation. Section 23(a)(2) of the Exchange Act requires
the Commission, in adopting rules under the Exchange Act, to consider
the competitive effects of such rules, if any, and to refrain from
adopting a rule that would impose a burden on competition not necessary
or appropriate in the furtherance of the purposes of the Exchange
Act.\5\
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78c(f).
\5\ 15 U.S.C. 78w(a)(2).
---------------------------------------------------------------------------
Because these procedural amendments are technical in nature, and do
not impose any additional requirements beyond those already required,
we do not anticipate that the amendments would have a significant
effect on efficiency, competition, or capital formation, and we do not
anticipate that any competitive advantages or disadvantages would be
created.
III. Statutory Authority and Text of Amendment
We are adopting these technical amendments pursuant to the
authority set forth in the Exchange Act and particularly Sections 23(a)
and 36(a) (15 U.S.C. 78w(a), and 78mm(a), respectively).
List of Subjects in 17 CFR Part 240
Brokers, Confidential business information, Fraud, Reporting and
recordkeeping requirements, Securities.
For the reasons set out in the preamble, Title 17, Chapter II of
the Code of Federal Regulations is amended as follows:
PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934
0
1. The authority citation for part 240 continues to read, in part, as
follows:
Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i,
78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4, 78p, 78q,
78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37,
80b- 3, 80b-4, 80b-11, and 7201 et seq., 18 U.S.C. 1350, and 12
U.S.C. 5221(e)(3), unless otherwise noted.
* * * * *
0
2. Section 240.0-12 is amended by revising paragraph (b) to read as
follows:
Sec. 240.0-12 Commission procedures for filing applications for
orders for exemptive relief under Section 36 of the Exchange Act.
* * * * *
(b) An applicant may submit a request electronically. The
electronic mailbox to use for these applications is described on the
Commission's Web site at https://www.sec.gov in the ``Exchange Act
Exemptive Applications'' section. In the event the electronic mailbox
is revised in the future, applicants can find the appropriate mailbox
by accessing the ``Electronic Mailboxes at the Commission'' section.
* * * * *
Dated: July 19, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-18513 Filed 7-21-11; 8:45 am]
BILLING CODE 8011-01-P
