Facilitating Shareholder Director Nominations, 58100 [2011-24118]

Download as PDF 58100 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. The AMOC approval letter must specifically reference this AD. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane and 14 CFR 25.571, Amendment 45, and the approval must specifically refer to this AD. Issued in Renton, Washington, on August 25, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. Related Information AGENCY: (k) For more information about this AD, contact Dara Albouyeh, Aerospace Engineer, Airframe Branch, ANM–120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, California 90712–4137; phone: (562) 627–5222; fax: (562) 627–5210; e-mail: dara.albouyeh@faa.gov. sroberts on DSK5SPTVN1PROD with RULES Material Incorporated by Reference (l) You must use Boeing Alert Service Bulletin DC8–57A103, dated May 5, 2010; and McDonnell Douglas DC–8 Supplemental Inspection Document (SID), Report L26–011, Volume II, Revision 8, dated January 2005; as applicable; to do the actions required by this AD, unless the AD specifies otherwise. The current revision of the McDonnell Douglas DC–8 SID, Report L26–011, Volume II, Revision 8, dated January 2005, is specified on only the title page and List of Effective Pages of the document; the cover page of this document does not specify a revision of date. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, 3855 Lakewood Boulevard, MC D800–0019, Long Beach, California 90846– 0001; telephone 206–544–5000, extension 2; fax 206–766–5683; e-mail dse.boecom@boeing.com; Internet https:// www.myboeingfleet.com. (3) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. (4) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at an NARA facility, call 202–741– 6030, or go to http://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. VerDate Mar<15>2010 16:50 Sep 19, 2011 Jkt 223001 [FR Doc. 2011–23709 Filed 9–19–11; 8:45 am] BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION 17 CFR parts 200, 232, 240 and 249 [Release Nos. 33–9259; 34–65343; IC– 29788; File No. S7–10–09] RIN 3235–AK27 Facilitating Shareholder Director Nominations Securities and Exchange Commission. ACTION: Final rule; notice of effective date. This release provides notice of the effective date of the amendment to Exchange Act Rule 14a–8, the shareholder proposal rule, which will require companies to include in their proxy materials, under certain circumstances, shareholder proposals that seek to establish a procedure in the company’s governing documents for the inclusion of one or more shareholder director nominees in the company’s proxy materials. This release also provides notice of the effective date of related rule changes adopted concurrently with the amendment to Rule 14a–8. DATES: The effective date of the additions of § 200.82a, § 240.14a–18, § 240.14n–1 through § 240.14n–3, and § 240.14n–101, and the amendments to § 232.13, § 240.13a–11, § 240.13d–1, § 240.14a–2, § 240.14a–4, § 240.14a–5, § 240.14a–6, § 240.14a–8, § 240.14a–9, § 240.14a–12, § 240.15d–11, § 240.13d– 102, § 240.14a–101, and § 249.308, published on September 16, 2010 (75 FR 56668), is September 20, 2011. Section 240.14a–11 was vacated by the United States Court of Appeals for the District of Columbia Circuit (No. 10–1305, July 22, 2011) and therefore is not effective. FOR FURTHER INFORMATION CONTACT: Tamara Brightwell, Lillian Brown, or Ted Yu, Division of Corporation Finance, at (202) 551–3200, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. SUMMARY: stayed from November 15, 2010 until the resolution of the petition for review of Exchange Act Rule 14a–11 in Business Roundtable et al. v. Securities and Exchange Commission, No. 10– 1305 (D.C. Cir., filed Sept. 29, 2010), the effective and compliance dates of amendments to the Federal proxy and related rules that the Commission adopted to facilitate the effective exercise of shareholders’ traditional state law rights to nominate and elect directors to company boards of directors. On October 20, 2010, a notice of the stay was published in the Federal Register (75 FR 64641). That announcement stated that a notice of the effective and compliance dates of the final rules would be published in the Federal Register following the resolution of the petition for review. On July 22, 2011, the United States Court of Appeals for the District of Columbia Circuit issued an order vacating Rule 14a–11 and on September 14, 2011, the Court issued its mandate. Because the mandate concludes the litigation in the Court of Appeals, the stay expired by its terms. The Court’s order did not affect the amendment to Rule 14a–8, which was not challenged in the litigation, or the related rules and amendments adopted concurrently with Rule 14a–11 and the amendment to Rule 14a–8. Accordingly, those rules and amendments are effective upon publication of this notice in the Federal Register. As discussed in the preamble above, the final rules noted in the DATES section of this document and published on September 16, 2010 (75 FR 56668) amending Title 17, Chapter II of the Code of Federal Regulations, are effective September 20, 2011, with the exception, as noted, of Rule 14a–11 (17 CFR 240.14a–11). Dated: September 15, 2011. Elizabeth M. Murphy, Secretary. [FR Doc. 2011–24118 Filed 9–19–11; 8:45 am] BILLING CODE 8011–01–P By order dated October 4, 2010 (Release No. 33– 9149, 34–63031, IC–29456), the Securities and Exchange Commission SUPPLEMENTARY INFORMATION: PO 00000 Frm 00012 Fmt 4700 Sfmt 9990 E:\FR\FM\20SER1.SGM 20SER1

Agencies

[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Page 58100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24118]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR parts 200, 232, 240 and 249

[Release Nos. 33-9259; 34-65343; IC-29788; File No. S7-10-09]
RIN 3235-AK27


Facilitating Shareholder Director Nominations

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; notice of effective date.

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SUMMARY: This release provides notice of the effective date of the 
amendment to Exchange Act Rule 14a-8, the shareholder proposal rule, 
which will require companies to include in their proxy materials, under 
certain circumstances, shareholder proposals that seek to establish a 
procedure in the company's governing documents for the inclusion of one 
or more shareholder director nominees in the company's proxy materials. 
This release also provides notice of the effective date of related rule 
changes adopted concurrently with the amendment to Rule 14a-8.

DATES: The effective date of the additions of Sec.  200.82a, Sec.  
240.14a-18, Sec.  240.14n-1 through Sec.  240.14n-3, and Sec.  240.14n-
101, and the amendments to Sec.  232.13, Sec.  240.13a-11, Sec.  
240.13d-1, Sec.  240.14a-2, Sec.  240.14a-4, Sec.  240.14a-5, Sec.  
240.14a-6, Sec.  240.14a-8, Sec.  240.14a-9, Sec.  240.14a-12, Sec.  
240.15d-11, Sec.  240.13d-102, Sec.  240.14a-101, and Sec.  249.308, 
published on September 16, 2010 (75 FR 56668), is September 20, 2011. 
Section 240.14a-11 was vacated by the United States Court of Appeals 
for the District of Columbia Circuit (No. 10-1305, July 22, 2011) and 
therefore is not effective.

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

SUPPLEMENTARY INFORMATION: By order dated October 4, 2010 (Release No. 
33-9149, 34-63031, IC-29456), the Securities and Exchange Commission 
stayed from November 15, 2010 until the resolution of the petition for 
review of Exchange Act Rule 14a-11 in Business Roundtable et al. v. 
Securities and Exchange Commission, No. 10-1305 (D.C. Cir., filed Sept. 
29, 2010), the effective and compliance dates of amendments to the 
Federal proxy and related rules that the Commission adopted to 
facilitate the effective exercise of shareholders' traditional state 
law rights to nominate and elect directors to company boards of 
directors. On October 20, 2010, a notice of the stay was published in 
the Federal Register (75 FR 64641). That announcement stated that a 
notice of the effective and compliance dates of the final rules would 
be published in the Federal Register following the resolution of the 
petition for review. On July 22, 2011, the United States Court of 
Appeals for the District of Columbia Circuit issued an order vacating 
Rule 14a-11 and on September 14, 2011, the Court issued its mandate. 
Because the mandate concludes the litigation in the Court of Appeals, 
the stay expired by its terms. The Court's order did not affect the 
amendment to Rule 14a-8, which was not challenged in the litigation, or 
the related rules and amendments adopted concurrently with Rule 14a-11 
and the amendment to Rule 14a-8. Accordingly, those rules and 
amendments are effective upon publication of this notice in the Federal 
Register.
    As discussed in the preamble above, the final rules noted in the 
DATES section of this document and published on September 16, 2010 (75 
FR 56668) amending Title 17, Chapter II of the Code of Federal 
Regulations, are effective September 20, 2011, with the exception, as 
noted, of Rule 14a-11 (17 CFR 240.14a-11).

    Dated: September 15, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-24118 Filed 9-19-11; 8:45 am]
BILLING CODE 8011-01-P