whistleblowing incentives and prevent the provision of false,
fictitious, or fraudulent statement or representation, or a false
writing or document with intent of misleading or otherwise hindering
the Commission or another authority,\356\ the efficiency in detecting
violations would be enhanced in the sense that violations could be
detected sooner, reducing losses associated with the misuse of
resources. Greater efficiency in detecting violations could also speed
up the public disclosure of such violations to securities markets.
Price efficiency could be improved if earlier public disclosure of
violations speeds up the incorporation of such news into security
prices.
---------------------------------------------------------------------------

    \356\ See supra Section VII(B)(6).
---------------------------------------------------------------------------

    Similar to the effects on capital formation, the effects of the
proposed rules on competition would be indirect, and would flow from
their effects on whistleblowing incentives. To the extent that the
proposed rules increase the likelihood of detecting misconduct by
increasing whistleblowing incentives, the proposed rules could reduce
the unfair competitive advantages that some companies can achieve by
engaging in undetected violations.\357\ Conversely, to the extent that
the proposed rules decrease the likelihood of detecting misconduct by
reducing whistleblowing incentives, the proposed rules could increase
the unfair competitive advantages that some companies can achieve by
engaging in undetected violations.
---------------------------------------------------------------------------

    \357\ See 76 FR at 34362.
---------------------------------------------------------------------------

Request for Comment
    The Commission seeks commenters' views on all aspects of its
economic analysis of the proposed amendments. In particular, the
Commission asks commenters to consider the following questions:
    1. Are there costs and benefits associated with the proposed
amendments that the Commission has not identified? If so, please
identify them and if possible, offer ways of estimating these costs and
benefits.
    2. Do, and if so at what point, awards become unreasonably large in
light of the goals of the whistleblower program? Please explain and
provide details.
    3. Are there effects on efficiency, competition, and capital
formation stemming from the proposed amendments that the Commission has
not identified? If so, please identify them and explain how the
identified effects result from one or more amendments.
    4. How will lowering award amounts based on dollar figures impact
the incentives of whistleblowers to provide the Commission with
information on misconduct? Will potential whistleblowers view the $30
million floor as a cap? Why or why not?
    5. Are there data sources or data sets that can help the Commission
refine its estimates of the lost wages earned by whistleblowers from
their previous jobs? Besides lost wages, are there other ways to
determine the effectiveness of whistleblower awards?
    6. Are there alternatives to the proposed rules that the Commission
has not identified? If so, please identify and describe them.

IX. Small Business Regulatory Enforcement Fairness Act

    For purposes of the Small Business Regulatory Enforcement Fairness
Act of 1996 (``SBREFA''),\358\ the Commission solicits data to
determine whether the proposed rule amendments constitute a ``major''
rule. Under SBREFA, a rule is considered ``major'' where, if adopted,
it results or is likely to result in:
---------------------------------------------------------------------------

    \358\ Public Law 104-121, tit. II, 110 Stat 857 (1996).
---------------------------------------------------------------------------

     An annual effect on the economy of $100 million or more
(either in the form of an increase or a decrease);
     A major increase in costs or prices for consumers or
individual industries; or
     Significant adverse effects on competition, investment, or
innovation.
    Commenters should provide empirical data on (a) the potential
annual effect on the economy; (b) any increase in costs or prices for
consumers or individual industries; and (c) any potential effect on
competition, investment or innovation.

X. Regulatory Flexibility Act Certification

    Section 603(a) of the Regulatory Flexibility Act \359\ requires the
Commission to undertake an initial regulatory flexibility analysis of
the proposed rules unless the Commission certifies that the proposed
rules, if

adopted, would not have a significant economic impact on a substantial
number of small entities.\360\
---------------------------------------------------------------------------

    \359\ 5 U.S.C. 603(a).
    \360\ 5 U.S.C. 605(b).
---------------------------------------------------------------------------

    Small entity is defined in 5 U.S.C. 601(6) to mean ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction'' as defined in 5 U.S.C. 601(3)-(5). The definition of
``small entity'' does not include individuals. The proposed rules apply
only to an individual, or individuals acting jointly, who provide
information to the Commission relating to the violation of the
securities laws. Companies and other entities are not eligible to
participate in the whistleblower program as whistleblowers.
Consequently, the persons that would be subject to the proposed rule
are not ``small entities'' for purposes of the Regulatory Flexibility
Act.
    For the reasons stated above, the Commission certifies, pursuant to
5 U.S.C. 605(b) of the Regulatory Flexibility Act, that the proposed
rules would not have a significant economic impact on a substantial
number of small entities.
    Solicitation of Comments: We encourage the submission of comments
with respect to any aspect of this Regulatory Flexibility Act
Certification. To the extent that commenters believe that the proposed
rules might have a covered impact, we ask they describe the nature of
any impact and provide empirical data supporting the extent of the
impact. We will place any such comments in the same public file as
comments on the proposed amendments themselves.

XI. Statutory Basis

    The Commission proposes the rule amendments, as well as the removal
of references to various forms, contained in this document under the
authority set forth in Sections 3(b), 21F, and 23(a) of the Exchange
Act.

List of Subjects in 17 CFR Parts 240 and 249

    Securities, Whistleblowing.

Text of the Proposed Amendments

    For the reasons set out in the preamble, title 17, chapter II of
the Code of Federal Regulations is proposed to be 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, 78c-3, 78c-5, 78d, 78e, 78f,
78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4,
78o-10, 78p, 78q, 78q-1, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20,
80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, 7201 et seq.; and
8302; 7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C. 1350; and
Pub. L. 111-203, 939A, 124 Stat. 1887 (2010); and secs. 503 and 602,
Pub. L. 112-106, 126 Stat. 326 (2012), unless otherwise noted.
* * * * *
    Section 240.21F is also issued under Pub. L. 111-203, Sec.
922(a), 124 Stat. 1841 (2010).
* * * * *
0
2. Section 240.21F-2 is revised to read as follows:

Sec.  240.21F-2  Whistleblower status, award eligibility, and
confidentiality and retaliation protections.

    (a) Whistleblower status. (1) You are a whistleblower for purposes
of Section 21F of the Exchange Act (15 U.S.C. 78u-6) as of the time
that, alone or jointly with others, you provide the Commission with
information in writing that relates to a possible violation of the
federal securities laws (including any law, rule, or regulation subject
to the jurisdiction of the Commission) that has occurred, is ongoing,
or is about to occur.
    (2) A whistleblower must be an individual. A company or other
entity is not eligible to be a whistleblower.
    (b) Award eligibility. To be eligible for an award under Section
21F(b) of the Exchange Act (15 U.S.C. 78u-6(b)) based on any
information you provide that relates to a possible violation of the
federal securities laws, you must comply with the procedures and the
conditions described in Sec. Sec.  240.21F-4, 240.21F-8, and 240.21F-9.
You should carefully review those rules before you submit any
information that you may later wish to rely upon to claim an award.
    (c) Confidentiality protections. To qualify for the confidentiality
protections afforded by Section 21F(h)(2) of the Exchange Act (15
U.S.C. 78u-6(h)(2)) based on any information you provide that relates
to a possible violation of the federal securities laws, you must comply
with the procedures and the conditions described in Sec.  240.21F-9(a).
    (d) Retaliation protections. (1) To qualify for the retaliation
protections afforded by Section 21F(h)(1) of the Exchange Act (15
U.S.C. 78u-6(h)(1)), you must satisfy all of the following criteria:
    (i) You must qualify as a whistleblower under paragraph (a) of this
section before experiencing the retaliation for which you seek redress;
    (ii) You must reasonably believe that the information you provide
to the Commission under paragraph (a) of this section relates to a
possible violation of the federal securities laws; and
    (iii) You must perform a lawful act that meets the following two
criteria:
    (A) First, the lawful act must be performed in connection with any
of the activities described in Section 21F(h)(1)(A)(i) through (iii) of
the Exchange Act (15 U.S.C. 78u-6(h)(1)(A)(i) through (iii)); and
    (B) Second, the lawful act must relate to the subject matter of
your submission to the Commission under paragraph (a) of this section.
    (2) To receive retaliation protection for a lawful act described in
paragraph (d)(1)(iii) of this section, you do not need to qualify as a
whistleblower under paragraph (a) of this section before performing the
lawful act, but you must qualify as a whistleblower under paragraph (a)
of this section before experiencing retaliation for the lawful act.
    (3) To qualify for retaliation protection, you do not need to
satisfy the procedures and conditions for award eligibility in
Sec. Sec.  240.21F-4, 240.21F-8, and 240.21F-9.
    (4) Section 21F(h)(1) of the Exchange Act (15 U.S.C. 78u-6(h)(1)),
including any rules promulgated thereunder, shall be enforceable in an
action or proceeding brought by the Commission.
0
3. Section 240.21F-3 is amended by:
0
a. Revising paragraph (b)(1); and
0
b. Adding paragraph (b)(4).
    The revision and addition read as follows:

Sec.  240.21F-3  Payment of awards.

* * * * *
    (b) * * *
    (1)(i) A related action is a judicial or administrative action that
is brought by one of the entities listed in paragraphs (b)(1)(i)(A)
through (D) of this section, that is based upon information that either
the whistleblower provided directly to the entity or the Commission
itself passed along to the other entity pursuant to the Commission's
procedures for sharing information, and which is the same original
information that the whistleblower voluntarily provided to the
Commission and that led the Commission to obtain monetary sanctions
totaling more than $1,000,000.
    (A) The Attorney General of the United States;
    (B) An appropriate regulatory authority;
    (C) A self-regulatory organization; or
    (D) A state attorney general in a criminal case.

    (ii) The terms appropriate regulatory authority and self-regulatory
organization are defined in Sec.  240.21F-4.
* * * * *
    (4)(i) Notwithstanding paragraph (b)(1) of this section, if a
judicial or administrative action is subject to a separate monetary
award program established by the Federal Government, a state
government, or a self-regulatory organization, the Commission will deem
the action a related action only if the Commission finds (based on the
unique facts and circumstances of the action) that its whistleblower
program has the more direct or relevant connection to the action.
    (ii) In determining whether a potential related action has a more
direct or relevant connection to the Commission's whistleblower program
than another award program, the Commission will consider the nature,
scope, and impact of the misconduct charged in the potential related
action, and its relationship to the federal securities laws. This
inquiry may include consideration of, among other things:
    (A) The relative extent to which the misconduct charged in the
potential related action implicates the public policy interests
underlying the federal securities laws (such as investor protection)
versus other law-enforcement or regulatory interests (such as tax
collection or fraud against the Federal Government);
    (B) The degree to which the monetary sanctions imposed in the
potential related action are attributable to conduct that also
underlies the federal securities law violations that were the subject
of the Commission's enforcement action; and
    (C) Whether the potential related action involves state-law claims
and the extent to which the state may have a whistleblower award scheme
that potentially applies to that type of law-enforcement action.
    (iii) If the Commission does determine to deem the action a related
action, the Commission will not make an award to you for the related
action if you have already been granted an award by the authority
responsible for administering the other whistleblower award program.
Further, if you were denied an award by the other award program, you
will not be permitted to readjudicate any issues before the Commission
that the authority responsible for administering the other
whistleblower award program resolved against you as part of the award
denial. Additionally, if the Commission makes an award before an award
determination is finalized by the authority responsible for
administering the other award scheme, the Commission shall condition
its award on the meritorious whistleblower making a prompt, irrevocable
waiver of any claim to an award from the other award scheme.
0
4. Section 240.21F-4 is amended by:
0
a. Revising paragraph (c)(2);
0
b. In paragraph (d)(2), removing the period from the end of the
paragraph and adding in its place ``; and'';
0
c. Adding paragraph (d)(3); and
0
d. Revising paragraph (e).
    The revisions and addition read as follows:

Sec.  240.21F-4  Other definitions.

* * * * *
    (c) * * *
    (2) You gave the Commission original information about conduct that
was already under examination or investigation by the Commission, the
Congress, any other authority of the federal government, a state
Attorney General or securities regulatory authority, any self-
regulatory organization, or the PCAOB (except in cases where you were
an original source of this information as defined in paragraph (b)(5)
of this section), and your submission significantly contributed to the
success of the action.
* * * * *
    (d) * * *
    (3) For purposes of making an award under Sec. Sec.  240.21F-10 and
240.21F-11, the following will be deemed to be an administrative action
and any money required to be paid thereunder will be deemed a monetary
sanction under paragraph (e) of this section:
    (i) A non-prosecution agreement or deferred prosecution agreement
entered into by the U.S. Department of Justice or a state attorney
general in a criminal case; or
    (ii) A settlement agreement entered into by the Commission outside
of the context of a judicial or administrative proceeding to address
violations of the securities laws.
    (e) Monetary sanctions means:
    (1) A required payment that results from a Commission action or
related action and which is either:
    (i) Expressly designated as disgorgement, a penalty, or interest
thereon; or
    (ii) Otherwise required as relief for the violations that are the
subject of the covered action or related action; or
    (2) Any money deposited into a disgorgement fund or other fund
pursuant to section 308(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7246(b)), as a result of such action or any settlement of such action.
0
5. Section 240.21F-6 is amended by adding paragraphs (c), (d) and (e)
to read as follows:

Sec.  240.21F-6  Criteria for determining amount of award.

* * * * *
    (c) Additional considerations in connection with certain smaller
awards. When considering any meritorious whistleblower award
application where the Commission--after applying the award factors
specified in paragraphs (a) and (b) of this section--determines that
the resulting payout to that whistleblower for the original information
that he or she provided that led to one or more successful covered or
related action(s), collectively, would be below $2 million (or any such
greater amount that the Commission may periodically establish through
publication of an order in the Federal Register), the Commission may
adjust the award upward as provided for in this paragraph (c).
    (1) The Commission may make an upward adjustment that it determines
is appropriate to ensure that the total payout to the whistleblower
more appropriately achieves the program's objectives of rewarding
meritorious whistleblowers and sufficiently incentivizing future
whistleblowers who might otherwise be concerned about the low dollar
amount of a potential award;
    (2) The Commission shall not adjust an award upward under this
paragraph (c) if any of the negative award factors specified in
paragraph (b) of this section were found present with respect to the
whistleblower's award claim, or if the award claim triggers Sec.
240.21F-16 (concerning awards to whistleblowers who engage in culpable
conduct);
    (3) In no event shall the Commission make an upward adjustment
under this section to raise a potential payout (as assessed by the
Commission at the time it makes the award determination) above $2
million (or by such other amount as the Commission may designate by
order); and
    (4) The total amount awarded to all whistleblowers in the aggregate
may not be greater than 30 percent of the total monetary sanctions
collected, or likely to be collected, in any action (as assessed by the
Commission at the time it makes the award determination).
    (d) Additional considerations in connection with certain large
awards where the monetary sanctions collected would equal or exceed
$100 million. When considering any meritorious whistleblower award
application where the whistleblower's original information led to one
or more successful covered or related action(s), collectively, that

resulted in the collection of $100 million or more in monetary
sanctions or will likely result in such collections (as assessed by the
Commission at the time it considers the award application(s)), the
Commission shall determine the award amount as specified in paragraphs
(d)(1) through (4) of this section. (For purposes of this rule, the
Commission may adjust the $100 million threshold upward through
publication of an order in the Federal Register.)
    (1) When applying the award factors in paragraphs (a) and (b) of
this section, the Commission shall make any upward or downward
adjustments by considering the impact of the adjustments on both the
award percentage and the approximate corresponding dollar amount of the
award. If the resulting payout would be below $30 million (or such
greater alternative amount that the Commission may periodically
establish through publication of an order in the Federal Register),
then the downward adjustment provided for in paragraph (d)(2) of this
section shall not be applicable.
    (2) After completing the award analysis required by paragraph
(d)(1) of this section and determining the total dollar amount of the
potential award for any action(s) based upon the whistleblower's
original information, the Commission shall consider whether that amount
exceeds what is reasonably necessary to reward the whistleblower and to
incentivize similarly situated whistleblowers. If the Commission finds
that the total payout for any action(s) based upon the whistleblower's
original information would exceed an amount that is reasonably
necessary, it may adjust the total payout for the action(s) downward to
an amount that it finds is sufficient to achieve those goals. As is the
case with every aspect of any award determination under this section,
the Commission shall not consider the balance of the Investor
Protection Fund (``IPF'') when determining whether to make an
adjustment to an award under this paragraph (c).
    (3) Any downward adjustment to a whistleblower's award for any
actions based upon the whistleblower's original information under
paragraph (d)(2) of this section shall under no circumstances yield a
potential total payout on all the actions, collectively, (as assessed
by the Commission at the time that it makes the award determination) of
less than either $30 million or such greater alternative amount that
the Commission may periodically establish through publication of an
order in the Federal Register.
    (4) Further, any adjustments under paragraph (d)(2) of this section
shall in no event result in the total amount awarded to all meritorious
whistleblowers, collectively, for each covered or related action
constituting less than 10 percent of the monetary sanctions collected
in that action.
    (e) Future adjustments. Finally, in any order that adjusts any of
the dollar amounts specified under paragraph (c) or (d) of this
section, the Commission shall consider (among other factors that it
deems relevant) whether the adjustment is necessary or appropriate to
encourage whistleblowers to come forward and the potential impact any
adjustment might have on the IPF.
0
6. Section 240.21F-7 is amended by revising the introductory text of
paragraph (a) to read as follows:

Sec.  240.21F-7  Confidentiality of submissions.

    (a) Pursuant to Section 21F(h)(2) of the Exchange Act (15 U.S.C.
78u-6(h)(2)) and Sec.  240.21F-2(c), the Commission will not disclose
information that could reasonably be expected to reveal the identity of
a whistleblower provided that the whistleblower has submitted
information utilizing the processes specified in Sec.  240.21F-9(a),
except that the Commission may disclose such information in the
following circumstances:
* * * * *
0
7. Section 240.21F-8 is amended by:
0
a. Revising the section heading.
0
b. Adding paragraphs (d) and (e).
    The revision and addition read as follows:

Sec.  240.21F-8  Eligibility and forms.

* * * * *
    (d)(1) The Commission will periodically designate on the
Commission's web page a Form TCR (Tip, Complaint, or Referral) that
individuals seeking to be eligible for an award through the process
identified in Sec.  240.21F-9(a)(2) shall use.
    (2) The Commission will also periodically designate on the
Commission's web page a Form WB-APP for use by individuals seeking to
apply for an award in connection with a Commission-covered judicial or
administrative action (15 U.S.C. 21F(a)(1)), or a related action (Sec.
240.21F-3(b)(1)).
    (e) Submissions or applications that are frivolous or fraudulent,
or that would otherwise hinder the effective and efficient operation of
the Whistleblower Program may result in the Commission issuing a
permanent bar as part of a final order in the course of considering a
whistleblower award application from you. If such a bar is issued, the
Office of the Whistleblower will not accept or act on any other
applications from you, in the following circumstances:
    (1) If you make three or more award applications for Commission
actions that the Commission finds to be frivolous or lacking a
colorable connection between the tip (or tips) and the Commission
actions for which you are seeking awards; or
    (2) If the Commission finds that you have violated paragraph (c)(7)
of this section. Before any Preliminary Determination or Preliminary
Summary Disposition is issued, the Office of the Whistleblower shall
advise you of any assessment by that Office that your award application
is frivolous or lacking a colorable connection between the tip and the
action for which you have sought an award. If you withdrawal your
application at that time, it will not be considered by the Commission
in determining whether to exercise its authority under paragraph (e)(1)
of this section. The Commission will consider whether to issue a
permanent bar in connection with an award application that would
trigger such a bar; the Preliminary Determination or Preliminary
Disposition must state that a bar is being recommended and the
applicant would thereafter have an opportunity to submit a response in
accordance with the award processing procedures specified in Sec. Sec.
240.21F-10(e)(2) and 240.21F-18(b)(3).
0
8. Section 240.21F-9 is amended by:
0
a. Revising paragraphs (a) and (b);
0
b. In paragraphs (c) and (d), removing the parenthetical phrase
``(referenced in Sec.  249.1800 of this chapter)'' wherever it appears;
and
0
c. Adding paragraph (e).
    The revisions and addition read as follows:

Sec.  240.21F-9  Procedures for submitting original information.

    (a) To submit information in a manner that satisfies Sec.  240.21F-
2(b) and (c) you must submit your information to the Commission by any
of these methods:
    (1) Online, through the Commission's website located at
www.sec.gov, using the Commission's electronic TCR portal (Tip,
Complaint or Referral);
    (2) Mailing or faxing a Form TCR to the SEC Office of the
Whistleblower at the mailing address or fax number designated on the
SEC's web page for making such submissions; or
    (3) By any other such method that the Commission may expressly
designate on

its website as a mechanism that satisfies Sec.  240.21F-2(b) and (c).
    (b) Further, to be eligible for an award, you must declare under
penalty of perjury at the time you submit your information pursuant to
paragraph (a)(1), (2), or (3) of this section that your information is
true and correct to the best of your knowledge and belief.
* * * * *
    (e) You must follow the procedures specified in paragraphs (a) and
(b) of this section the first time you provide the Commission with
information that you rely upon as a basis for claiming an award. If you
fail to do so, then you will be deemed ineligible for an award in
connection with that information (even if you later resubmit that
information in accordance with paragraphs (a) and (b) of this section).
Notwithstanding the foregoing, the Commission, in its sole discretion,
may waive your noncompliance with paragraphs (a) and (b) of this
section if the Commission determines that the administrative record
clearly and convincingly demonstrates that you would otherwise qualify
for an award and you demonstrate that you complied with the
requirements of paragraphs (a) and (b) of this section within 30 days
of the first communication with the staff about the information that
you provided.
0
9. Section 240.21F-10 is amended by revising paragraphs (b), (c), and
(d) to read as follows:

Sec.  240.21F-10  Procedures for making a claim for a whistleblower
award in SEC actions that result in monetary sanctions in excess of
$1,000,000.

* * * * *
    (b) To file a claim for a whistleblower award, you must file Form
WB-APP, Application for Award for Original Information Provided
Pursuant to Section 21F of the Securities Exchange Act of 1934. You
must sign this form as the claimant and submit it to the Office of the
Whistleblower by mail or fax (or any other manner that the Office
permits). All claim forms, including any attachments, must be received
by the Office of the Whistleblower within ninety (90) calendar days of
the date of the Notice of Covered Action in order to be considered for
an award.
    (c) If you provided your original information to the Commission
anonymously, you must disclose your identity on the Form WB-APP, and
your identity must be verified in a form and manner that is acceptable
to the Office of the Whistleblower prior to the payment of any award.
    (d) Once the time for filing any appeals of the Commission's
judicial or administrative action has expired, or where an appeal has
been filed, after all appeals in the action have been concluded, the
staff designated by the Director of the Division of Enforcement
(``Claims Review Staff'') will evaluate all timely whistleblower award
claims submitted on Form WB-APP in accordance with the criteria set
forth in these rules. In connection with this process, the Office of
the Whistleblower may require that you provide additional information
relating to your eligibility for an award or satisfaction of any of the
conditions for an award, as set forth in Sec.  240.21F-8(b). Following
that evaluation, the Office of the Whistleblower will send you a
Preliminary Determination setting forth a preliminary assessment as to
whether the claim should be allowed or denied and, if allowed, setting
forth the proposed award percentage amount.
* * * * *
0
10. Section 240.21F-11 is amended by revising paragraphs (b) and (d) to
read as follows:

Sec.  240.21F-11  Procedures for determining awards based upon a
related action.

* * * * *
    (b) You must also use Form WB-APP to submit a claim for an award in
a potential related action. You must sign this form as the claimant and
submit it to the Office of the Whistleblower by mail or fax (or any
other manner that the Office permits) as follows:
    (1) If a final order imposing monetary sanctions has been entered
in a potential related action at the time you submit your claim for an
award in connection with a Commission action, you must submit your
claim for an award in that related action on the same Form WB-APP that
you use for the Commission action. For purposes of this paragraph
(b)(1) and paragraph (b)(2) of this section, a final order imposing
monetary sanctions is entered on the date of a court or administrative
order imposing the monetary sanctions; however, with respect to any
agreement covered by Sec.  240.21F-4(d) (such as a deferred prosecution
agreement or a nonprosecution agreement entered by the Department of
Justice), the Commission will deem the date of the entry of the final
order to be the date of the earliest public availability of the
instrument reflecting the arrangement if evidenced by a press release
or similar dated publication notice; otherwise, the date of the last
signature necessary for the agreement.
    (2) If a final order imposing monetary sanctions in a potential
related action has not been entered at the time you submit your claim
for an award in connection with a Commission action, you must submit
your claim on Form WB-APP within ninety (90) days of the issuance of a
final order imposing sanctions in the potential related action.
* * * * *
    (d) Once the time for filing any appeals of the final judgment or
order in a potential related action has expired, or if an appeal has
been filed, after all appeals in the action have been concluded, the
Claims Review Staff will evaluate all timely whistleblower award claims
submitted on Form WB-APP in connection with the related action. The
evaluation will be undertaken pursuant to the criteria set forth in
these rules. In connection with this process, the Office of the
Whistleblower may require that you provide additional information
relating to your eligibility for an award or satisfaction of any of the
conditions for an award, as set forth in Sec.  240.21F-8(b). Following
this evaluation, the Office of the Whistleblower will send you a
Preliminary Determination setting forth a preliminary assessment as to
whether the claim should be allowed or denied and, if allowed, setting
forth the proposed award percentage amount.
* * * * *
0
11. Section 240.21F-12 is amended by:
0
a. Revising the introductory text of paragraph (a);
0
b. In paragraph (a)(2), removing the parenthetical phrase ``(referenced
in Sec.  249.1800 of this chapter)''; and
0
c. Revising paragraphs (a)(3) and (6).
    The revisions read as follows:

Sec.  240.21F-12  Materials that may form the basis of an award
determination and that may comprise the record on appeal.

    (a) The following items constitute the materials that the
Commission, the Claims Review Staff, and the Office of the
Whistleblower may rely upon to make an award determination pursuant to
Sec. Sec.  240.21F-21F-10, 240.21F-11, and 240.21F-18:
* * * * *
    (3) The whistleblower's Form WB-APP, including attachments, any
supplemental materials submitted by the whistleblower before the
deadline to file a claim for a whistleblower award for the relevant
Notice of Covered Action, and any other materials timely submitted by
the whistleblower in response either:
    (i) To a request from the Office of the Whistleblower or the
Commission; or
    (ii) To the Preliminary Determination or Preliminary Summary
Disposition;
* * * * *
    (6) Any other documents or materials from third parties (including
sworn declarations) that are received or

obtained by the Office of the Whistleblower to resolve the claimant's
award application, including information related to the claimant's
eligibility. (Neither the Commission, the Claims Review Staff, nor the
Office of the Whistleblower may rely upon information that the third
party has not authorized the Commission to share with the claimant.)
* * * * *
0
12. Section 240.21F-13 is amended by revising paragraph (b) to read as
follows:

Sec.  240.21F-13  Appeals.

* * * * *
    (b) The record on appeal shall consist of the Final Order, any
materials that were considered by the Commission in issuing the Final
Order, and any materials that were part of the claims process leading
from the Notice of Covered Action to the Final Order (including, but
not limited to, the Notice of Covered Action, whistleblower award
applications filed by the claimant, the Preliminary Determination or
Preliminary Summary Disposition, materials that were considered by the
Claims Review Staff in issuing the Preliminary Determination or that
were provided to the claimant by the Office of the Whistleblower in
connection with a Preliminary Summary Disposition, and materials that
were timely submitted by the claimant in response to the Preliminary
Determination or Preliminary Summary Disposition). The record on appeal
shall not include any pre-decisional or internal deliberative process
materials that are prepared exclusively to assist the Commission and
the Claims Review Staff in deciding the claim (including the staff's
Draft Final Determination in the event that the Commissioners reviewed
the claim and issued the Final Order). When more than one claimant has
sought an award based on a single Notice of Covered Action, the
Commission may exclude from the record on appeal any materials that do
not relate directly to the claimant who is seeking judicial review.
0
13. Add Sec.  240.21F-18 to read as follows:

Sec.  240.21F-18  Summary disposition.

    (a) Notwithstanding the procedures specified in Sec. Sec.  240.21F-
10(d) through (g) and in 240.21F-11(d) through (g), the Office of the
Whistleblower may determine that an award application that meets any of
the following conditions for denial shall be resolved through the
summary disposition process described further in paragraph (b) of this
section:
    (1) You submitted an untimely award application;
    (2) You did not comply with the requirements of Sec.  240.21F-9
when submitting the tip upon which your award claim is based;
    (3) The information that you submitted was never provided to or
used by the staff handling the covered action or the underlying
investigation (or examination), and those staff members otherwise had
no contact with you;
    (4) You did not comply with Sec.  240.21F-8(b);
    (5) You failed to specify in the award application the submission
pursuant to Sec.  240.21F-9(a) upon which your claim to an award is
based; and
    (6) Your application does not raise any novel or important legal or
policy questions and the Office of the General Counsel concurs that the
matter is appropriate for summary disposition.
    (b) The following procedures shall apply to any award application
designated for summary disposition:
    (1) The Office of the Whistleblower shall issue a Preliminary
Summary Disposition that notifies you that your award application has
been designated for resolution through the summary disposition process.
The Preliminary Summary Disposition shall also state that the Office
has preliminarily determined to recommend that the Commission deny the
award application and identify the basis for the denial.
    (2) Prior to issuing the Preliminary Summary Disposition, the
Office of the Whistleblower shall prepare a staff declaration that sets
forth any pertinent facts regarding the Office's recommendation to deny
your application. At the same time that it provides you with the
Preliminary Summary Disposition, the Office of the Whistleblower shall,
in its sole discretion, either:
    (i) Provide you with the staff declaration; or
    (ii) Notify you that a staff declaration has been prepared and
advise you that you may obtain the declaration only if within fifteen
(15) calendar days you sign and complete a confidentiality agreement in
a form and manner acceptable to the Office of the Whistleblower
pursuant to Sec.  240.21F-8(b)(4). If you fail to return the signed
confidentiality agreement within fifteen (15) calendar days, you will
be deemed to have waived your ability to receive the staff declaration.
    (3)(i) You may reply to the Preliminary Summary Disposition by
submitting a response to the Office of the Whistleblower within thirty
(30) calendar days of the later of:
    (A) The date of the Preliminary Summary Disposition; or
    (B) The date that the Office of the Whistleblower sends the staff
declaration to you following your timely return of a signed
confidentiality agreement.
    (ii) The response should identify the grounds for your objection to
the denial (or in the case of paragraph (a)(5) of this section, correct
the defect). The response must be in the form and manner that the
Office of the Whistleblower shall require. You may include
documentation or other evidentiary support for the grounds advanced in
your response.
    (4) If you fail to submit a timely response pursuant to paragraph
(b)(3) of this section, the Preliminary Summary Disposition will become
the Final Order of the Commission. Your failure to submit a timely
written response will constitute a failure to exhaust administrative
remedies.
    (5) If you submit a timely response pursuant to paragraph (b)(3) of
this section, the Office of the Whistleblower will consider the issues
and grounds advanced in your response, along with any supporting
documentation that you provided, and will prepare a Proposed Final
Summary Disposition. The Office of the Whistleblower may supplement the
administrative record as appropriate. (This paragraph (b)(5) does not
prevent the Office of the Whistleblower from determining that, based on
your written response, the award claim is no longer appropriate for
summary disposition and that it should be resolved through the claims
adjudication procedures specified in either Sec.  240.21F-10 or Sec.
240.21F-11).
    (6) The Office of the Whistleblower will then notify the Commission
of the Proposed Final Summary Disposition. Within thirty (30) calendar
days thereafter, any Commissioner may request that the Proposed Final
Summary Disposition be reviewed by the Commission. If no Commissioner
requests such a review within the 30-day period, then the Proposed
Final Summary Disposition will become the Final Order of the
Commission. In the event a Commissioner requests a review, the
Commission will consider the award application and issue a Final Order.
    (7) The Office of the Whistleblower will provide you with the Final
Order of the Commission.
    (c) In considering an award determination pursuant to this rule,
the Office of the Whistleblower and the Commission may rely upon the
items specified in Sec.  240.21F-12(a). Further, Sec.  240.21F-12(b)
shall apply to summary dispositions.

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
14. The general authority citation for part 249 continues to read as
follows and sectional authorities for Sec. Sec.  249.1800 and 249.1801
are removed:

    Authority: 15 U.S.C. 78a et seq. and 7201 et seq.; 12 U.S.C.
5461 et seq.; 18 U.S.C. 1350; Sec. 953(b), Pub. L. 111-203, 124
Stat. 1904; Sec. 102(a)(3), Pub. L. 112-106, 126 Stat. 309 (2012);
Sec. 107, Pub. L. 112-106, 126 Stat. 313 (2012), and Sec. 72001,
Pub. L. 114-94, 129 Stat. 1312 (2015), unless otherwise noted.
* * * * *

Subpart S--[Removed and Reserved]

0
15. Remove and reserve subpart S.

    By the Commission.

    Dated: June 28, 2018.
Brent Fields,
Secretary.
[FR Doc. 2018-14411 Filed 7-19-18; 8:45 am]
BILLING CODE 8011-01-P


Comment Info: =================

General Comment:To: Division of Dockets Management (HFA-305) Food and Drug Administration 5630 Fishers Lane, rm. 1061 Rockville, MD 20852. RE: Docket No. FDA- 2014-N-0189

RE: “Deeming Tobacco Products to Be Subject to the Federal Food, Drug and Cosmetic Act,” Docket No. FDA- 2014-N-0189 request for extended comment period.

Dear Director Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration’s (“FDA”) Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the “Proposed Rule”) published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days. I wish to provide you with my personal story, as well as science and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past.

I appreciate the opportunity to respond to the Food and Drug Administration’s (FDA or the Agency) request for comments on the proposed rule for “Deeming Tobacco Products to Be Subject to the Federal Food, Drug and Cosmetic Act,” Docket No. FDA- 2014-N-0189.  I am in the process of preparing detailed comments in response to the FDA’s numerous requests in the proposed rule, but am very concerned that I will not be able to adequately respond to those requests in the 75-day comment period (i.e., by July 9, 2014).  There are many requests for comments in the proposed rule that I am considering responding to on behalf of consumers of e-cigarette /refillable e-liquid products, many of which require obtaining, summarizing and providing supporting scientific research and other evidence.  The 75-day comment period does not allow sufficient time to develop meaningful or thoughtful responses to many of the questions raised in the proposed rule.  Accordingly, I respectfully urge the Agency extend the current comment period by, at the very least, an additional 105-days (so that comments would be due by October 22, 2014), to provide ample time for stakeholders to provide constructive and valuable feedback on the issues raised in the proposed rule.  I do not believe that such an extension would significantly delay any potential regulatory action on these important issues, and can only aid in providing the FDA with the information that it needs to regulate the growing refillable e-liquid industry in a responsible manner.

If you have any questions or concerns, please do not hesitate to contact me.  I thank FDA for the opportunity to provide my views on the proposed rule.

Sincerely,

Leigh Anne Blackburn


[Federal Register Volume 85, Number 148 (Friday, July 31, 2020)]
[Notices]
[Page 46082]
[FR Doc No: 2020-16675]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2505-000]

Triple H Wind Project, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Triple H Wind
Project, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 17, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: July 27, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-16675 Filed 7-30-20; 8:45 am]
BILLING CODE 6717-01-P