Reporting Line for the Commission's Ethics Counsel, 71449-71450 [2011-29802]
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71449
Rules and Regulations
Federal Register
Vol. 76, No. 223
Friday, November 18, 2011
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 200
[Release No. 34–65742]
Reporting Line for the Commission’s
Ethics Counsel
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
The Securities and Exchange
Commission (‘‘Commission’’) is
amending its rules to reflect that the
Commission’s Office of the Ethics
Counsel is now a stand-alone Office of
the Commission and that the head of the
Office, the Ethics Counsel, reports
directly to the Chairman of the
Commission.
DATES: Effective Date: November 18,
2011.
FOR FURTHER INFORMATION CONTACT:
Shira Pavis Minton, Ethics Counsel, at
(202) 551–7938, Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549.
SUMMARY:
emcdonald on DSK5VPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION
I. Discussion
On September 16, 2011, the
Commission’s Office of the Inspector
General (‘‘OIG’’) issued a report
recommending, among other things, that
the Commission’s Ethics Counsel report
directly to the Chairman, rather than to
the General Counsel.1 On October 14,
2011, pursuant to Section 1 of
Reorganization Plan No. 10 of 1950,2 the
Chairman implemented that
recommendation and made the Office of
the Ethics Counsel a stand-alone Office
of the Commission.
These amendments conform the
Commission’s regulations, in part 200 of
Title 17 of the Code of Federal
Regulations, to the changes to the
reporting line and organization of the
Office of the Ethics Counsel. They do so
by removing several references to
oversight of the Ethics Counsel by the
General Counsel. In addition, the
amendments clarify that the Ethics
Counsel, not the General Counsel,
serves as Counselor to the Commission
and its staff with regard to ethical and
conflicts of interest questions and acts
as the Commission’s liaison on such
matters with the Office of
Administrative and Personnel
Management, the Office of the Inspector
General and the Department of Justice.
II. Related Matters
A. Administrative Procedure Act and
Other Administrative Laws
The Commission has determined that
these amendments to its rules relate
solely to the agency’s organization,
procedure, or practice. Accordingly, the
provisions of the Administrative
Procedure Act regarding notice of
proposed rulemaking and opportunity
for public participation are not
applicable.3 The Regulatory Flexibility
Act, therefore, does not apply.4 Because
these rules relate solely to the agency’s
organization, procedure, or practice and
do not substantially affect the rights or
obligations of non-agency parties, they
are not subject to the Small Business
Regulatory Enforcement Fairness Act.5
Finally, these amendments do not
contain any collection of information
requirements as defined by the
Paperwork Reduction Act of 1995, as
amended.6
B. Cost-Benefit Analysis
The Commission is sensitive to the
costs and benefits imposed by its rules.
The amendments adopted today are
procedural in nature and will produce
the benefit of conforming the
Commission’s rules to the changes to
the reporting line and organizational
structure of the Office of the Ethics
Counsel. The Commission also believes
that these rules will not impose any
costs on non-agency parties, or that if
there are any such costs, they are
negligible.
35
1 Report
of Investigation No. OIG–560, Sept. 16,
2011, pp. 116–117.
2 15 FR 3175, 64 Stat. 1265 (May 24, 1950).
VerDate Mar<15>2010
16:24 Nov 17, 2011
Jkt 226001
U.S.C. 553(b).
U.S.C. 601–612.
5 5 U.S.C. 804.
6 44 U.S.C. 3501–3520.
45
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
C. Consideration of Burden on
Competition
Section 23(a)(2) of the Exchange Act
requires the Commission, in making
rules pursuant to any provision of the
Exchange Act, to consider among other
matters the impact any such rule would
have on competition. The Commission
does not believe that the amendments
that the Commission is adopting today
will have any impact on competition.
Statutory Authority
The amendments to the Commission’s
rules are adopted pursuant to 15 U.S.C.
77o, 77s, 77sss, 78d, 78d–1, 78d–2, 78w,
78ll(d), 78mm, 80a–37, 80b–11, and
7202.
List of Subjects in 17 CFR Part 200
Administrative practice and
procedure, Authority delegations
(Government agencies), Organization
and functions (Government agencies).
Text of Amendments
In accordance with the preamble, the
Commission hereby amends Title 17,
Chapter II of the Code of Federal
Regulations as follows:
PART 200—ORGANIZATION;
CONDUCT AND ETHICS; AND
INFORMATION AND REQUESTS
Subpart A—Organization and Program
Management
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.
*
*
*
*
*
2. In § 200.21 paragraph (a), remove
the 6th sentence, beginning with ‘‘He or
she is responsible’’, and the 7th
sentence, beginning with ‘‘He or she
serves’’.
■ 3. In § 200.21a:
■ a. In paragraph (a), remove the phrase
‘‘within the Office of the General
Counsel of the Commission shall
oversee compliance with subpart M of
this part and 5 CFR part 2635.’’, and add
in its place, ‘‘is responsible for
administering the Commission’s Ethics
Program and for interpreting subpart M
of this part and 5 CFR part 2635. He or
she serves as Counselor to the
Commission and its staff with regard to
■
E:\FR\FM\18NOR1.SGM
18NOR1
71450
Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations
ethical and conflicts of interest
questions and acts as the Commission’s
liaison on such matters with the Office
of Administrative and Personnel
Management, the Office of the Inspector
General and the Department of Justice.’’;
■ b. In paragraph (b), remove the phrase
‘‘Subject to the oversight of the General
Counsel or his or her delegate, the’’ and
add in its place the word ‘‘The’’;
Subpart M—Regulation Concerning
Conduct of Members and Employees
and Former Members and Employees
of the Commission
4. The authority citation for Part 200,
Subpart M, continues to read as follows:
■
cost of producing film and television
productions.
This correction is effective on
November 18, 2011, and is applicable
on October 19, 2011.
FOR FURTHER INFORMATION CONTACT:
Bernard P. Harvey, (202) 622–4930 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
DATES:
Background
The final and temporary regulations
that are the subject of this correction are
under Section 181 of the Internal
Revenue Code.
Need for Correction
Authority: 15 U.S.C. 77s, 77sss, 78w, 80a–
37, 80b–11; E.O. 11222, 3 CFR, 1964–1965
Comp., p. 36; 5 CFR 735.104 and 5 CFR 2634;
and 5 CFR 2635, unless otherwise noted.
As published, final and temporary
regulations (TD 9552) contain an error
that may prove to be misleading and is
in need of clarification.
5. In § 200.735–11, remove the words
‘‘Commission’s Office of the General
Counsel’s’’ in paragraphs (c), (d) and (e);
■ 6. In § 200.735–15:
■ (a) In paragraphs (a), (b), (c), and (d),
remove the words ‘‘General Counsel’’
wherever they appear and add in their
place the words ‘‘Ethics Counsel’’;
■ (b) In paragraphs (b), (e), and (f),
remove the phrase ‘‘Commission’s
Office of the General Counsel’s’’.
■ 7. In § 200.735–17, remove the phrase
‘‘Under the general direction of the
General Counsel, the’’, and add in its
place the word ‘‘The’’.
Correction of Publication
■
Dated: November 14, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–29802 Filed 11–17–11; 8:45 am]
Accordingly, the publication of the
final and temporary regulations (TD
9552) which were the subject of FR Doc.
2011–26973 published in the Federal
Register on Wednesday, October 19,
2011 is corrected as follows:
§ 1.181–1
[Corrected]
On page 64817, column 2, under the
amendatory instruction, the language
‘‘Par. 2. Section 1.181–1 is amended by
revising paragraphs (a)(1)(ii), (a)(6) and
(b)(1)(ii) and (b)(2)(vi) to read as
follows:’’ is removed and is replaced
with the new language ‘‘Par. 2. Section
1.181–1 is amended by revising
paragraphs (a)(1)(ii), (a)(6), (b)(1)(ii),
(b)(2)(vi), and (c)(2) to read as follows:’’.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, Procedure and Administration.
BILLING CODE 8011–01–P
DEPARTMENT OF THE TREASURY
[FR Doc. 2011–29922 Filed 11–17–11; 8:45 am]
Internal Revenue Service
BILLING CODE 4830–01–P
26 CFR Part 1
ENVIRONMENTAL PROTECTION
AGENCY
[TD 9552]
RIN 1545–BJ24
40 CFR Part 52
Deduction for Qualified Film and
Television Production Costs;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final and
temporary regulations.
AGENCY:
emcdonald on DSK5VPTVN1PROD with RULES
[EPA–R03–OAR–2011–0474; FRL–9494–2]
This document contains a
correction to final and temporary
regulations (TD 9552) that were
published in the Federal Register on
Wednesday, October 19, 2011 (76 FR
64816) relating to deductions for the
SUMMARY:
VerDate Mar<15>2010
16:24 Nov 17, 2011
Jkt 226001
(hereafter referred to as the ‘‘Charleston
Area’’ or the ‘‘Area’’) for the 24-hour
2006 fine particulate matter (PM2.5)
national ambient air quality standard
(NAAQS). EPA is determining that the
Charleston Area has clean data for the
24-hour 2006 PM2.5 NAAQS. This
determination is based upon complete,
quality assured, and certified ambient
air monitoring data showing that this
area has monitored attainment of the
24-hour 2006 PM2.5 NAAQS based on
the 2007–2009 data and data available
to date for 2010 in EPA’s Air Quality
System (AQS) database. EPA’s
determination releases the Charleston
Area from the requirements to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning State Implementation Plans
(SIPs) related to attainment of the
standard for so long as the Area
continues to meet the 24-hour 2006
PM2.5 NAAQS.
DATES: Effective Date: This final rule is
effective on December 19, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0474. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
FOR FURTHER INFORMATION CONTACT:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Determination of Clean Data
for the 2006 Fine Particulate Standard
for the Charleston Area
I. What action is EPA taking?
II. What is the effect of this action?
III. Statutory and Executive Order Reviews
Environmental Protection
Agency (EPA).
ACTION: Final rule.
EPA is making a final determination
that the Charleston Area has clean data
for the 24-hour 2006 PM2.5 NAAQS.
This determination is based upon
complete, quality assured, and certified
ambient air monitoring data showing
that this area has monitored attainment
AGENCY:
EPA is making a final
determination regarding the Charleston,
West Virginia nonattainment area
SUMMARY:
PO 00000
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Fmt 4700
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I. What action is EPA taking?
E:\FR\FM\18NOR1.SGM
18NOR1
]]>Agencies
[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Rules and Regulations]
[Pages 71449-71450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29802]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 /
Rules and Regulations
[[Page 71449]]
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 200
[Release No. 34-65742]
Reporting Line for the Commission's Ethics Counsel
AGENCY: Securities and Exchange Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Securities and Exchange Commission (``Commission'') is
amending its rules to reflect that the Commission's Office of the
Ethics Counsel is now a stand-alone Office of the Commission and that
the head of the Office, the Ethics Counsel, reports directly to the
Chairman of the Commission.
DATES: Effective Date: November 18, 2011.
FOR FURTHER INFORMATION CONTACT: Shira Pavis Minton, Ethics Counsel, at
(202) 551-7938, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549.
SUPPLEMENTARY INFORMATION
I. Discussion
On September 16, 2011, the Commission's Office of the Inspector
General (``OIG'') issued a report recommending, among other things,
that the Commission's Ethics Counsel report directly to the Chairman,
rather than to the General Counsel.\1\ On October 14, 2011, pursuant to
Section 1 of Reorganization Plan No. 10 of 1950,\2\ the Chairman
implemented that recommendation and made the Office of the Ethics
Counsel a stand-alone Office of the Commission.
---------------------------------------------------------------------------
\1\ Report of Investigation No. OIG-560, Sept. 16, 2011, pp.
116-117.
\2\ 15 FR 3175, 64 Stat. 1265 (May 24, 1950).
---------------------------------------------------------------------------
These amendments conform the Commission's regulations, in part 200
of Title 17 of the Code of Federal Regulations, to the changes to the
reporting line and organization of the Office of the Ethics Counsel.
They do so by removing several references to oversight of the Ethics
Counsel by the General Counsel. In addition, the amendments clarify
that the Ethics Counsel, not the General Counsel, serves as Counselor
to the Commission and its staff with regard to ethical and conflicts of
interest questions and acts as the Commission's liaison on such matters
with the Office of Administrative and Personnel Management, the Office
of the Inspector General and the Department of Justice.
II. Related Matters
A. Administrative Procedure Act and Other Administrative Laws
The Commission has determined that these amendments to its rules
relate solely to the agency's organization, procedure, or practice.
Accordingly, the provisions of the Administrative Procedure Act
regarding notice of proposed rulemaking and opportunity for public
participation are not applicable.\3\ The Regulatory Flexibility Act,
therefore, does not apply.\4\ Because these rules relate solely to the
agency's organization, procedure, or practice and do not substantially
affect the rights or obligations of non-agency parties, they are not
subject to the Small Business Regulatory Enforcement Fairness Act.\5\
Finally, these amendments do not contain any collection of information
requirements as defined by the Paperwork Reduction Act of 1995, as
amended.\6\
---------------------------------------------------------------------------
\3\ 5 U.S.C. 553(b).
\4\ 5 U.S.C. 601-612.
\5\ 5 U.S.C. 804.
\6\ 44 U.S.C. 3501-3520.
---------------------------------------------------------------------------
B. Cost-Benefit Analysis
The Commission is sensitive to the costs and benefits imposed by
its rules. The amendments adopted today are procedural in nature and
will produce the benefit of conforming the Commission's rules to the
changes to the reporting line and organizational structure of the
Office of the Ethics Counsel. The Commission also believes that these
rules will not impose any costs on non-agency parties, or that if there
are any such costs, they are negligible.
C. Consideration of Burden on Competition
Section 23(a)(2) of the Exchange Act requires the Commission, in
making rules pursuant to any provision of the Exchange Act, to consider
among other matters the impact any such rule would have on competition.
The Commission does not believe that the amendments that the Commission
is adopting today will have any impact on competition.
Statutory Authority
The amendments to the Commission's rules are adopted pursuant to 15
U.S.C. 77o, 77s, 77sss, 78d, 78d-1, 78d-2, 78w, 78ll(d), 78mm, 80a-37,
80b-11, and 7202.
List of Subjects in 17 CFR Part 200
Administrative practice and procedure, Authority delegations
(Government agencies), Organization and functions (Government
agencies).
Text of Amendments
In accordance with the preamble, the Commission hereby amends Title
17, Chapter II of the Code of Federal Regulations as follows:
PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS
Subpart A--Organization and Program Management
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. In Sec. 200.21 paragraph (a), remove the 6th sentence, beginning
with ``He or she is responsible'', and the 7th sentence, beginning with
``He or she serves''.
0
3. In Sec. 200.21a:
0
a. In paragraph (a), remove the phrase ``within the Office of the
General Counsel of the Commission shall oversee compliance with subpart
M of this part and 5 CFR part 2635.'', and add in its place, ``is
responsible for administering the Commission's Ethics Program and for
interpreting subpart M of this part and 5 CFR part 2635. He or she
serves as Counselor to the Commission and its staff with regard to
[[Page 71450]]
ethical and conflicts of interest questions and acts as the
Commission's liaison on such matters with the Office of Administrative
and Personnel Management, the Office of the Inspector General and the
Department of Justice.'';
0
b. In paragraph (b), remove the phrase ``Subject to the oversight of
the General Counsel or his or her delegate, the'' and add in its place
the word ``The'';
Subpart M--Regulation Concerning Conduct of Members and Employees
and Former Members and Employees of the Commission
0
4. The authority citation for Part 200, Subpart M, continues to read as
follows:
Authority: 15 U.S.C. 77s, 77sss, 78w, 80a-37, 80b-11; E.O.
11222, 3 CFR, 1964-1965 Comp., p. 36; 5 CFR 735.104 and 5 CFR 2634;
and 5 CFR 2635, unless otherwise noted.
0
5. In Sec. 200.735-11, remove the words ``Commission's Office of the
General Counsel's'' in paragraphs (c), (d) and (e);
0
6. In Sec. 200.735-15:
0
(a) In paragraphs (a), (b), (c), and (d), remove the words ``General
Counsel'' wherever they appear and add in their place the words
``Ethics Counsel'';
0
(b) In paragraphs (b), (e), and (f), remove the phrase ``Commission's
Office of the General Counsel's''.
0
7. In Sec. 200.735-17, remove the phrase ``Under the general direction
of the General Counsel, the'', and add in its place the word ``The''.
Dated: November 14, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-29802 Filed 11-17-11; 8:45 am]
BILLING CODE 8011-01-P
