Delegation of Authority to the General Counsel of the Commission, 12221-12222 [2020-03705]
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Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Rules and Regulations
terminated or suspended during that
NAP crop year.
SECURITIES AND EXCHANGE
COMMISSION
Subpart D—Determining Coverage
Using Value
17 CFR Part 200
§ 1437.301
[Release Nos. 33–10757; 34–88245; IA–
5446; IC–33802]
[Amended]
■
14. In § 1437.301, remove paragraph
(d).
Delegation of Authority to the General
Counsel of the Commission
Subpart E—Determining Coverage of
Forage Intended for Animal
Consumption
AGENCY:
15. Amend § 1437.401 as follows:
a. In paragraph (f)(2), remove the word
‘‘conditions’’ and add the words
‘‘conditions, or by alternative methods
as determined by the Deputy
Administrator’’ in its place; and
■ b. Add paragraph (g).
The addition reads as follows:
SUMMARY:
■
■
§ 1437.401
Forage.
*
*
*
*
*
(g) For those NAP covered
participants who seek to have a NAP
payment determined based on
paragraph (f)(2) of this section, a notice
of loss under § 1437.11 will not be
required; only an application for
payment must be filed. Unless
otherwise expressed by the NAP
covered participant, FSA will presume
the participant to want assistance for
grazed forage determined according to
paragraph (f)(2) of this section.
Subpart F—Determining Coverage in
the Tropical Region
§ 1437.502
[Amended]
16. Amend § 1437.502 as follows:
■ a. In paragraph (b), remove ‘‘December
1’’ and add ‘‘December 31’’ in its place.
■ b. In paragraph (c), remove the words
‘‘per county per crop year, a maximum
service fee of $250’’ and add the words
‘‘the maximum service fee per crop per
county provided at § 1437.7’’ in their
place.
■
§ 1437.503
[Amended]
17. In § 1437.503(a), remove the words
‘‘crops, other than in Hawaii, Puerto
Rico, and other areas approved by the
Deputy Administrator, except as
approved by the Deputy Administrator
in special cases’’ and add the word
‘‘crops’’ in their place.
khammond on DSKJM1Z7X2PROD with RULES
■
Richard Fordyce,
Administrator, Farm Service Agency.
Robert Stephenson,
Executive Vice President, Commodity Credit
Corporation.
[FR Doc. 2020–04103 Filed 2–28–20; 8:45 am]
BILLING CODE 3410–05–P
VerDate Sep<11>2014
15:57 Feb 28, 2020
Jkt 250001
Securities and Exchange
Commission.
ACTION: Final rule.
The Securities and Exchange
Commission (‘‘Commission’’) is revising
regulations with respect to the
delegations of authority to the
Commission’s General Counsel. The
revisions are a result of the
Commission’s experience with its
bankruptcy program and they are
intended to conserve Commission
resources by delegating to staff the
discretion to file objections in
bankruptcy cases with respect to the
frequently recurring issue of non-debtor
third-party releases. The revisions will
expedite and enhance the effectiveness
of the Commission’s bankruptcy
program by enabling staff to meet
bankruptcy court deadlines that affect
issues important to the Commission.
DATES: Effective March 2, 2020.
FOR FURTHER INFORMATION CONTACT:
Morgan Bradylyons, Bankruptcy
Counsel, and Tracey Hardin, Assistant
General Counsel for Appellate Litigation
and Bankruptcy, Office of the General
Counsel, (202) 551–7926, Securities and
Exchange Commission, 100 F Street NE,
Washington, DC 20549–9040.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission is revising the
delegations of authority to its General
Counsel as a result of the Commission’s
experience with its bankruptcy program.
The revisions are intended to increase
the efficiency of the Commission’s
operations by delegating to staff the
discretion to file objections in
bankruptcy cases with respect to the
frequently recurring issue of non-debtor
third-party releases. The revisions will
expedite and enhance the effectiveness
of the Commission’s bankruptcy
program by enabling staff to meet
bankruptcy court deadlines that affect
issues important to the Commission.
Congress has authorized such delegation
by Public Law 87–592, 76 Stat. 394, 15
U.S.C. 78d–1(a), which provides that the
Commission ‘‘shall have the authority to
delegate, by published order or rule, any
of its functions to . . . an employee or
employee board, including functions
PO 00000
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Fmt 4700
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12221
with respect to hearing, determining,
ordering, certifying, reporting, or
otherwise acting as to any work,
business or matter.’’
Accordingly, the Commission is
amending its rules to delegate authority
to the General Counsel to file objections
in bankruptcy cases with respect to the
routine, recurring issue of non-debtor
third-party release provisions. Under
this delegation, the General Counsel (or,
under his or her direction, such persons
as might be designated from time to
time by the Chairman of the
Commission) would authorize the staff,
in bankruptcy cases, to take the
following actions with respect to plan or
settlement provisions that have the
effect of releasing, exculpating,
discharging, or permanently enjoining
actions against non-debtor third parties
in contravention of Section 524(e) of the
Bankruptcy Code or applicable law: (1)
Object to approval of disclosure
statements, including on the basis that
the disclosure statement lacks adequate
information under Section 1125(b) to
support such release provisions; (2)
object to confirmation of bankruptcy
plans; or (3) object to approval of
settlements.
Notwithstanding this delegation, the
General Counsel may submit any matter
he or she believes appropriate to the
Commission. Furthermore, any action
taken by the General Counsel pursuant
to delegated authority would be subject
to Commission review as provided by
Rules 430 and 431 of the Commission’s
Rules of Practice, 17 CFR 201.430–
201.431 and 15 U.S.C. 78d–1(b).
II. Administrative Law Matters
The Commission finds, in accordance
with the Administrative Procedure Act
(‘‘APA’’), that these revisions relate
solely to agency organization,
procedure, or practice and do not
constitute a substantive rule. 5 U.S.C.
553(b)(3)(A). Accordingly, the APA’s
provisions regarding notice of
rulemaking, opportunity for public
comment, and advance publication of
the amendments prior to their effective
date are not applicable. These changes
are therefore effective on March 2, 2020.
For the same reason, and because these
amendments do not affect the rights or
obligations of non-agency parties, the
provisions of the Small Business
Regulatory Enforcement Fairness Act
are not applicable. 5 U.S.C. 804(3)(C)
(the term ‘‘rule’’ does not include ‘‘any
rule of agency organization, procedure,
or practice that does not substantially
affect the rights or obligations of nonagency parties.’’) Additionally, the
provisions of the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., which apply
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12222
Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Rules and Regulations
only when notice and comment are
required by the APA or other law, are
not applicable. These amendments do
not contain any collection of
information requirements as defined by
the Paperwork Reduction Act of 1995.
See 5 CFR 1320.3. Further, because the
amendments impose no new burdens on
private parties, the Commission does
not believe that the amendments will
have any impact on competition for
purposes of Section 23(a)(2) of the
Securities Exchange Act of 1934. 15
U.S.C. 78w(a)(2).
III. Statutory Authority
This rule is adopted pursuant to
statutory authority granted to the
Commission, including Section 19 of
the Securities Act of 1933, 15 U.S.C.
77s; Sections 4A, 4B, and 23 of the
Exchange Act, 15 U.S.C. 78d–1, 78d–2,
and 78w; Section 38 of the Investment
Company Act of 1940, 15 U.S.C. 80a–37;
Section 211 of the Investment Advisers
Act of 1940, 15 U.S.C. 80b–11; and
Section 3 of the Sarbanes-Oxley Act of
2002, 15 U.S.C. 7202.
List of Subjects in 17 CFR Part 200
Administrative practice and
procedure, Authority delegations
(Government agencies).
For the reasons set out in the
preamble, the Commission is amending
Title 17, Chapter II of the Code of
Federal Regulations as follows:
Subpart A—Organization and Program
Management
1. The general authority citation for
part 200, subpart A continues to read in
part as follows:
■
Authority: 15 U.S.C. 77c, 77o, 77s, 77z–3,
77sss, 78d, 78d–1, 78d–2, 78o–4, 78w,
78ll(d), 78mm, 80a–37, 80b–11, 7202, and
7211 et seq., unless otherwise noted.
*
*
*
*
*
2. Amend § 200.30–14 by:
a. Redesignating paragraphs (f)
through (o) as paragraphs (g) through
(p); and
■ b. Adding new paragraph (f).
The addition reads as follows.
khammond on DSKJM1Z7X2PROD with RULES
■
■
§ 200.30–14 Delegation of authority to the
General Counsel.
*
*
*
*
(f) In bankruptcy cases, to take the
following actions with respect to plan or
settlement provisions that have the
effect of releasing, exculpating,
discharging, or permanently enjoining
actions against non-debtor third parties
VerDate Sep<11>2014
15:57 Feb 28, 2020
Jkt 250001
By the Commission.
Dated: February 19, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020–03705 Filed 2–28–20; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No. PTO–P–2019–0035]
Clarification of the Practice for
Requiring Additional Information in
Petitions Filed in Patent Applications
and Patents Based on Unintentional
Delay
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Clarification.
AGENCY:
The United States Patent and
Trademark Office (USPTO) is clarifying
its practice as to situations that will
require additional information about
whether a delay in seeking the revival
of an abandoned application,
acceptance of a delayed maintenance fee
payment, or acceptance of a delayed
priority or benefit claim was
unintentional.
SUMMARY:
PART 200—ORGANIZATION;
CONDUCT AND ETHICS; AND
INFORMATION AND REQUESTS
*
in contravention of Section 524(e) of the
Bankruptcy Code or applicable law:
(1) Object to approval of disclosure
statements, including on the basis that
the disclosure statement lacks adequate
information under Section 1125(b) to
support such release provisions;
(2) Object to confirmation of
bankruptcy plans; or
(3) Object to approval of settlements.
*
*
*
*
*
The clarification of practice set
forth is applicable to any petition
decided on or after March 2, 2020.
FOR FURTHER INFORMATION CONTACT:
Christina Tartera Donnell, Attorney
Advisor, Office of Petitions, by
telephone at 571–272–3211; or Douglas
I. Wood, Attorney Advisor, Office of
Petitions, by telephone at 571–272–
3231; or by mail addressed to: Mail Stop
Comments-Patents, Commissioner for
Patents, P.O. Box 1450, Alexandria, VA
22313–1450.
SUPPLEMENTARY INFORMATION: Title II of
the PLTIA amended the provisions of
title 35, United States Code (U.S.C.), to
implement the Patent Law Treaty (PLT).
See Public Law 112–211, § 201–203, 126
Stat. 1527, 1533–37 (2012). Section
201(b) of the PLTIA added a new 35
DATES:
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U.S.C. 27, which expressly provides that
the director of the USPTO may establish
procedures to revive an unintentionally
abandoned application for patent or
accept an unintentionally delayed issue
fee payment, upon petition by the
applicant for patent or patent owner.
See Public Law 112–211, 201(b)(1), 126
Stat. at 1534. Section 202(b)(1)(B) of the
PLTIA amended 35 U.S.C. 41(c)(1) to
provide that the director may accept the
payment of any maintenance fee
required by 35 U.S.C. 41(b) after the sixmonth grace period if the delay is
shown to the satisfaction of the director
to have been unintentional. See Sec.
202(b)(1)(B), Public Law 112–211, 126
Stat. at 1535–36. The 18-month
publication provisions of the American
Inventors Protection Act of 1999 (AIPA)
amended 35 U.S.C. 119 and 120 to
provide that a priority claim for a
foreign or international application and
a benefit claim to an earlier domestic
provisional or nonprovisional
application must be filed within the
period required by the USPTO, but that
the USPTO may establish procedures to
accept an unintentionally delayed
priority or benefit claim. See Public Law
106–113, 113 Stat. 1501, 1501A–563
through 1501A–564 (1999).
The USPTO revised the rules of
practice to implement the 18-month
publication provisions of section 4503
of the AIPA in September 2000. This
included revising the rules of practice
pertaining to foreign priority and
domestic benefit claims (37 CFR 1.55
and 1.78) to set a time period within
which such priority and benefit claims
must be filed, and to provide for the
acceptance of unintentionally delayed
priority or benefit claims. See Changes
to Implement Eighteen-Month
Publication of Patent Applications, 65
FR 57023, 57024–25, 57030–31, 57053–
55 (September 20, 2000). The USPTO
revised the rules of practice for
consistency with the PLT and title II of
the PLTIA in October 2013. This
included revising the rules of practice
pertaining to the revival of abandoned
applications (37 CFR 1.137) and
acceptance of delayed maintenance fee
payments (37 CFR 1.378) to provide for
the revival of abandoned applications
and acceptance of delayed maintenance
fee payments solely on the basis of
‘‘unintentional’’ delay, as well as
revisions to the rules of practice
pertaining to foreign priority and
domestic benefit claims (37 CFR 1.55
and 1.78). See Changes to Implement
the Patent Law Treaty, 78 FR 62368,
62377–78, 62380–83, 62399–400,
62402–07 (October 21, 2013).
The provisions for the revival of an
abandoned application (37 CFR 1.137)
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]]>Agencies
[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Rules and Regulations]
[Pages 12221-12222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03705]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 200
[Release Nos. 33-10757; 34-88245; IA-5446; IC-33802]
Delegation of Authority to the General Counsel of the Commission
AGENCY: Securities and Exchange Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Securities and Exchange Commission (``Commission'') is
revising regulations with respect to the delegations of authority to
the Commission's General Counsel. The revisions are a result of the
Commission's experience with its bankruptcy program and they are
intended to conserve Commission resources by delegating to staff the
discretion to file objections in bankruptcy cases with respect to the
frequently recurring issue of non-debtor third-party releases. The
revisions will expedite and enhance the effectiveness of the
Commission's bankruptcy program by enabling staff to meet bankruptcy
court deadlines that affect issues important to the Commission.
DATES: Effective March 2, 2020.
FOR FURTHER INFORMATION CONTACT: Morgan Bradylyons, Bankruptcy Counsel,
and Tracey Hardin, Assistant General Counsel for Appellate Litigation
and Bankruptcy, Office of the General Counsel, (202) 551-7926,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-9040.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission is revising the delegations of authority to its
General Counsel as a result of the Commission's experience with its
bankruptcy program. The revisions are intended to increase the
efficiency of the Commission's operations by delegating to staff the
discretion to file objections in bankruptcy cases with respect to the
frequently recurring issue of non-debtor third-party releases. The
revisions will expedite and enhance the effectiveness of the
Commission's bankruptcy program by enabling staff to meet bankruptcy
court deadlines that affect issues important to the Commission.
Congress has authorized such delegation by Public Law 87-592, 76 Stat.
394, 15 U.S.C. 78d-1(a), which provides that the Commission ``shall
have the authority to delegate, by published order or rule, any of its
functions to . . . an employee or employee board, including functions
with respect to hearing, determining, ordering, certifying, reporting,
or otherwise acting as to any work, business or matter.''
Accordingly, the Commission is amending its rules to delegate
authority to the General Counsel to file objections in bankruptcy cases
with respect to the routine, recurring issue of non-debtor third-party
release provisions. Under this delegation, the General Counsel (or,
under his or her direction, such persons as might be designated from
time to time by the Chairman of the Commission) would authorize the
staff, in bankruptcy cases, to take the following actions with respect
to plan or settlement provisions that have the effect of releasing,
exculpating, discharging, or permanently enjoining actions against non-
debtor third parties in contravention of Section 524(e) of the
Bankruptcy Code or applicable law: (1) Object to approval of disclosure
statements, including on the basis that the disclosure statement lacks
adequate information under Section 1125(b) to support such release
provisions; (2) object to confirmation of bankruptcy plans; or (3)
object to approval of settlements.
Notwithstanding this delegation, the General Counsel may submit any
matter he or she believes appropriate to the Commission. Furthermore,
any action taken by the General Counsel pursuant to delegated authority
would be subject to Commission review as provided by Rules 430 and 431
of the Commission's Rules of Practice, 17 CFR 201.430-201.431 and 15
U.S.C. 78d-1(b).
II. Administrative Law Matters
The Commission finds, in accordance with the Administrative
Procedure Act (``APA''), that these revisions relate solely to agency
organization, procedure, or practice and do not constitute a
substantive rule. 5 U.S.C. 553(b)(3)(A). Accordingly, the APA's
provisions regarding notice of rulemaking, opportunity for public
comment, and advance publication of the amendments prior to their
effective date are not applicable. These changes are therefore
effective on March 2, 2020. For the same reason, and because these
amendments do not affect the rights or obligations of non-agency
parties, the provisions of the Small Business Regulatory Enforcement
Fairness Act are not applicable. 5 U.S.C. 804(3)(C) (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.'') Additionally, the provisions of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., which apply
[[Page 12222]]
only when notice and comment are required by the APA or other law, are
not applicable. These amendments do not contain any collection of
information requirements as defined by the Paperwork Reduction Act of
1995. See 5 CFR 1320.3. Further, because the amendments impose no new
burdens on private parties, the Commission does not believe that the
amendments will have any impact on competition for purposes of Section
23(a)(2) of the Securities Exchange Act of 1934. 15 U.S.C. 78w(a)(2).
III. Statutory Authority
This rule is adopted pursuant to statutory authority granted to the
Commission, including Section 19 of the Securities Act of 1933, 15
U.S.C. 77s; Sections 4A, 4B, and 23 of the Exchange Act, 15 U.S.C. 78d-
1, 78d-2, and 78w; Section 38 of the Investment Company Act of 1940, 15
U.S.C. 80a-37; Section 211 of the Investment Advisers Act of 1940, 15
U.S.C. 80b-11; and Section 3 of the Sarbanes-Oxley Act of 2002, 15
U.S.C. 7202.
List of Subjects in 17 CFR Part 200
Administrative practice and procedure, Authority delegations
(Government agencies).
For the reasons set out in the preamble, the Commission is amending
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 general authority citation for part 200, subpart A continues to
read in part as follows:
Authority: 15 U.S.C. 77c, 77o, 77s, 77z-3, 77sss, 78d, 78d-1,
78d-2, 78o-4, 78w, 78ll(d), 78mm, 80a-37, 80b-11, 7202, and 7211 et
seq., unless otherwise noted.
* * * * *
0
2. Amend Sec. 200.30-14 by:
0
a. Redesignating paragraphs (f) through (o) as paragraphs (g) through
(p); and
0
b. Adding new paragraph (f).
The addition reads as follows.
Sec. 200.30-14 Delegation of authority to the General Counsel.
* * * * *
(f) In bankruptcy cases, to take the following actions with respect
to plan or settlement provisions that have the effect of releasing,
exculpating, discharging, or permanently enjoining actions against non-
debtor third parties in contravention of Section 524(e) of the
Bankruptcy Code or applicable law:
(1) Object to approval of disclosure statements, including on the
basis that the disclosure statement lacks adequate information under
Section 1125(b) to support such release provisions;
(2) Object to confirmation of bankruptcy plans; or
(3) Object to approval of settlements.
* * * * *
By the Commission.
Dated: February 19, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-03705 Filed 2-28-20; 8:45 am]
BILLING CODE 8011-01-P
