[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Proposed Rules]
[Pages 35598-35599]
[FR Doc No: 2015-15209]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-1388; Airspace Docket No. 15-ASW-3]

Proposed Establishment of Class E Airspace; Sheridan AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at
Sheridan, AR. Controlled airspace is necessary to accommodate new
Standard Instrument Approach Procedures (SIAPs) at Sheridan Municipal
Airport. The FAA is proposing this action to enhance the safety and
management of Instrument Flight Rules (IFR) operations within the
National Airspace System (NAS).

DATES: Comments must be received on or before August 6, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2015-1388/Airspace Docket No. 15-
ASW-3, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527), is on the ground floor of the
building at the above address.
    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15. For further
information, you can contact the Airspace Policy and Regulations Group,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC, 20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Central Service
Center, Operations Support Group, Federal Aviation Administration,
Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone:
817-321-7740.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the

authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the agency's authority. This
rulemaking is promulgated under the authority described in Subtitle
VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is
charged with prescribing regulations to assign the use of airspace
necessary to ensure the safety of aircraft and the efficient use of
airspace. This regulation is within the scope of that authority as it
would establish Class E airspace at Sheridan Municipal Airport,
Sheridan, AR.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2015-1388/
Airspace Docket No. 15-ASW-3.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, 2601
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.9Y, Airspace
Designations and Reporting Points, dated August 6, 2014, and effective
September 15, 2014. FAA Order 7400.9Y is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by establishing Class E airspace extending upward
from 700 feet above the surface within a 6 mile radius of Sheridan
Municipal Airport, Sheridan, AR, to accommodate new standard instrument
approach procedures. Controlled airspace is needed for the safety and
management of IFR operations at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9Y, dated August 6, 2014 and effective September 15, 2014, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal.
    Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air)

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

     Authority: 49 U.S.C. 106(f); 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014 and
effective September 15, 2014, is amended as follows:

Paragraph 6005: Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth

* * * * *

ASW AR E5 Sheridan, AR [New]

Sheridan Municipal Airport, AR
    (Lat. 34[deg]19'39'' N., long. 92[deg]21'05'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.0-mile radius of Sheridan Municipal Airport.

    Issued in Fort Worth, TX, on June 10, 2015.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2015-15209 Filed 6-19-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Rules and Regulations]
[Pages 71872-71877]
[FR Doc No: 2011-29096]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 200, 201, 202, 210, 229, 230, 232, 239, 240, 243, 249,
250, 251, 256, 257, 259, 260, 270, 274 and 275

[Release Nos. 33-9273, 34-65686, 39-2480, IA-3310 and IC-29855]

Rescission of Outdated Rules and Forms, and Amendments To Correct
References

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is
adopting amendments to Commission rules and forms to correct references
and remove certain rules, forms, and interpretive releases, to conform
to changes in federal securities laws.

DATES: Effective Date: November 21, 2011.

FOR FURTHER INFORMATION CONTACT: Daniel K. Chang, Senior Counsel, at
(202) 551-6792, Office of Regulatory Policy, Division of Investment
Management, U.S. Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-8549.

SUPPLEMENTARY INFORMATION: The Commission is rescinding rules and forms
adopted under the Public Utility

Holding Company Act (``PUHCA''),\1\ and revising other rules and forms
to correct outdated references to PUHCA, correct outdated references
due to enactment of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 \2\ (``Dodd-Frank Act''), and make other
ministerial corrections.\3\ Congress repealed PUHCA effective 2006,\4\
and the Dodd-Frank Act amended various provisions of the federal
securities laws and removed references to PUHCA from those laws.
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    \1\ 15 U.S.C. 79 (repealed effective 2006).
    \2\ Public Law 111-203, 124 Stat. 1376 (2010).
    \3\ These ministerial corrections consist of removal of
references to rescinded Form ET and correction of an erroneous
reference to 15 U.S.C. 77nn that should refer to 15 U.S.C. 77nnn.
    \4\ Public Law 109-58, 119 Stat. 594 (2005).
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    The Commission is amending: Organizational Rules 1, 2, 20b, 30-5,
30-6, 30-7, 30-14, 43, 80, 80a, 80c, 80f, 304, 307, 308, 551, and 800;
Rules of Practice 190 and 210; Informal and Other Procedures Rules 1,
2, 3, 6, and 9; Regulation S-X, Items 1-01, 3-18, and 3A-05; Regulation
S-K, Item 405; Regulation C, Items 400, 404, 412, 414, 421, 423, 427,
430, 431, 436, 460, 470, 471, and 479; and Regulation S-T, Items 11,
101, 102, 104, 201, 202, 306, 311, 402, and 501, and rules 122 and 176
under the Securities Act of 1933 (the ``Securities Act''); rules 0-4,
11d1-1, 13f-1, 14d-4, 14d-7, 16a-1, 16a-2, 16a-3, and 16b-1 under the
Securities Exchange Act of 1934 (the ``Exchange Act''); Regulation FD,
Item 100; rules 0-4, 0-6, 7a-29, and 19a-1 under the Trust Indenture
Act of 1939; rules 0-4 and 8b-32 under the Investment Company Act of
1940 (``Investment Company Act''); rule 0-4 under the Investment
Advisers Act of 1940 (``Investment Advisers Act''); the General
Instructions to Forms 3, 4 and 5; and the General Instructions to Form
SE. The Commission is removing and reserving 17 CFR part 250, 17 CFR
part 251, 17 CFR part 256, 17 CFR part 257, and 17 CFR part 259 because
each solely contains rules, forms, or interpretive releases that
applied exclusively under PUHCA.

Procedural and Other Matters

    Section 553 of the Administrative Procedure Act (``APA'') provides
that when an agency for good cause finds that notice and public comment
are inapplicable, unnecessary, or contrary to the public interest, the
agency may issue a rule without providing notice and opportunity for
public comment.\5\ The Commission has determined that there is good
cause for making today's action final without prior proposal and
opportunity for comment.\6\ Because Congress repealed PUHCA, the
Commission's action to amend rules to correct outdated references and
to eliminate rules, forms, and interpretive releases concerning, and
authorized by, statutory provisions that are no longer in effect is
ministerial in nature. Similarly, other changes to the Commission's
rules to correct outdated or inaccurate references are also ministerial
in nature. Therefore the Commission is adopting the rule amendments
without prior notice and comment. For the same reasons, the Commission
finds good cause for making the rule changes effective upon publication
in the Federal Register.\7\
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    \5\ 5 U.S.C. 553(b)(B).
    \6\ Because the Commission is not publishing the rule and form
amendments in a notice of proposed rulemaking, no analysis is
required under the Regulatory Flexibility Act. See 5 U.S.C. 601(2)
(for purposes of the Regulatory Flexibility Act, the term ``rule''
means any rule for which the agency publishes a general notice of
proposed rulemaking).
    \7\ See 5 U.S.C. 553(d) (permitting the publication of a rule to
be less than 30 days before its effective date, if good cause is
found).
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    The amendments the Commission is adopting do not make substantive
or material modifications to any collection of information requirements
as defined by the Paperwork Reduction Act of 1995, as amended.\8\
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    \8\ 44 U.S.C. 3501, 3507. Following the repeal of PUHCA, the
Commission discontinued the Paperwork Reduction Act information
collections relating exclusively to PUHCA and rules and forms issued
thereunder.
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    The Commission is sensitive to the costs and benefits of its rules.
The rule amendments the Commission is adopting today are ministerial
actions that correct or eliminate outdated references and therefore
will have no separate economic effect, including no effect on
competition.

Statutory Authority

    We are adopting these amendments consistent with the repeal of
PUHCA in section 1263 of the Energy Policy Act of 2005 and pursuant to
the Securities Act, 15 U.S.C. 77a et seq.; the Exchange Act, 15 U.S.C.
78a et seq.; the Trust Indenture Act, 15 U.S.C. 77aaa et seq.; the
Investment Company Act, 15 U.S.C. 80a; and the Investment Advisers Act,
15 U.S.C. 80b.

List of Subjects

17 CFR Part 200

    Administrative practice and procedure, Authority delegations
(Government agencies), Classified information, Conflicts of interest,
Government employees, Organization and functions (Government agencies).

17 CFR Part 201

    Administrative practice and procedure.

17 CFR Part 202

    Administrative practice and procedure, Securities.

17 CFR Part 210

    Accountants, Accounting, Securities.

17 CFR Parts 229, 230, 232, 239, 240, 243, and 249

    Reporting and recordkeeping requirements, Securities.

17 CFR Part 250

    Confidential business information, Electric utilities, Holding
companies, Natural gas, Reporting and recordkeeping requirements,
Securities.

17 CFR Part 251

    Electric utilities, Holding companies, Natural gas, Securities.

17 CFR Part 256

    Electric utilities, Holding companies, Natural gas, Reporting and
recordkeeping requirements, Securities, Uniform System of Accounts.

17 CFR Part 257

    Electric utilities, Holding companies, Natural gas, Reporting and
recordkeeping requirements, Securities, Uniform System of Accounts.

17 CFR Part 259

    Electric utilities, Holding companies, Natural gas, Reporting and
recordkeeping requirements, Securities.

17 CFR Part 260

    Reporting and recordkeeping requirements, Securities, Trusts and
trustees.

17 CFR Parts 270 and 274

    Investment companies, Reporting and recordkeeping requirements,
Securities.

17 CFR Part 275

    Reporting and recordkeeping requirements, Securities.

Text of the Amendments

    For reasons set forth in the preamble, Title 17, Chapter II of the
Code of Federal Regulations is amended 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.
* * * * *

Sec.  200.1  [Amended]

0
2. Section 200.1 is amended by:
0
a. Removing the phrase ``Public Utility Holding Company Act of 1935,''
from the third sentence of the introductory text;
0
b. Removing the phrase ``public utility holding companies,'' from
paragraph (b);
0
c. Removing paragraph (h);
0
d. Redesignating paragraphs (i) and (j) as paragraphs (h) and (i); and
0
e. Removing the authority citation at the end of the section.

Sec.  200.2  [Amended]

0
3. Section 200.2 is amended by removing paragraph (c) and redesignating
paragraphs (d) through (g) as paragraphs (c) through (f).

Sec.  200.20b  [Amended]

0
4. Section 200.20b is amended by removing the phrase ``the
administration and execution of the Public Utility Holding Company Act
of 1935,'' from the first sentence of the introductory text and
removing paragraph (f).

Sec.  200.30-5  [Amended]

0
5. Section 200.30-5 is amended by:
0
a. Removing paragraph (f);
0
b. Redesignating paragraphs (g) through (m) as paragraphs (f) through
(l); and
0
c. Removing the phrase ``the Public Utility Holding Company Act of 1935
(15 U.S.C. 79a et seq.) and'' from newly redesignated paragraphs (k)
and (l).

Sec.  200.30-6  [Amended]

0
6. Section 200.30-6 is amended by removing the authority citation at
the end of the section.

Sec.  200.30-7  [Amended]

0
7. Section 200.30-7 is amended by removing the phrase ``the Public
Utility Holding Company Act of 1935, 15 U.S.C. 79a et seq.,'' from the
introductory text of paragraph (a) and removing the phrase ``section 24
of the Public Utility Holding Company Act of 1935, 15 U.S.C. 79x,''
from paragraph (a)(6).

Sec.  200.30-14  [Amended]

0
8. Section 200.30-14 is amended by removing the phrase, ``the Public
Utility Holding Company Act of 1935, 15 U.S.C. 79a et seq.,'' from the
introductory text of paragraph (g)(1).

Subpart B--Disposition of Commission Business

0
9. The authority citation for Part 200, subpart B, continues to read as
follows:

    Authority:  5 U.S.C. 552b; 15 U.S.C. 78d-1 and 78w.

Sec.  200.43  [Amended]

0
10. Section 200.43 is amended by removing the phrase ``section 18(c) of
the Public Utility Holding Company Act of 1935 (15 U.S.C. 79r(c)),''
from the first sentence of paragraph (b)(2).

Subpart C--Canons of Ethics

0
11. The authority citation for Part 200, subpart C, is revised to read
as follows:

    Authority:  Secs. 19, 28, 48 Stat. 85, 901, as amended, sec.
319, 53 Stat. 1173; secs. 38, 211, 54 Stat. 841, 855; 15 U.S.C. 77s,
77sss, 78w, 80a-37, and 80b-11.

Subpart D--Information and Requests

0
12. The general authority citation for Part 200, subpart D, continues
to read, in part, as follows:

    Authority:  5 U.S.C. 552, as amended, 15 U.S.C. 77f(d), 77s,
77ggg(a), 77sss, 78m(F)(3), 78w, 80a-37, 80a-44(a), 80a-44(b), 80b-
10(a), and 80b-11.
* * * * *

Sec.  200.80  [Amended]

0
13. Section 200.80 is amended by removing the phrase ``78m(f)(3), the
Public Utility Holding Company Act of 1935, 15 U.S.C. 79v(a)'' from the
third sentence of paragraph (a)(4) and adding in its place the phrase
``78m(f)(4)''.

Sec.  200.80a  [Amended]

0
14. Section 200.80a is amended by removing the table labeled ``Public
Utility Holding Company Act of 1935''.

Sec.  200.80c  [Amended]

0
15. Section 200.80c is amended by removing the phrase ``the Public
Utility Holding Company Act of 1935,'' from paragraph (b)2, Official
Summary.

Sec.  200.80f  [Amended]

0
16. Section 200.80f is amended by removing the heading and entries in
the table labeled ``Public Utility Holding Company Act of 1935''.

Subpart F--Code of Behavior Governing Ex Parte Communications
Between Persons Outside the Commission and Decisional Employees

0
17. The authority citation for Part 200, subpart F, is revised to read
as follows:

    Authority:  15 U.S.C. 77s, 77sss, 78w, 80a-37, 80b-11, and 7202;
and 5 U.S.C. 557.

Subpart H--Regulations Pertaining to the Privacy of Individuals and
Systems of Records Maintained by the Commission

0
18. The authority citation for Part 200, subpart H, continues to read,
in part, as follows:

    Authority:  5 U.S.C. 552a(f), unless otherwise noted.

Sec. Sec.  200.304, 200.307, 200.308  [Amended]

0
19. Sections 200.304, 200.307 and 200.308 are amended by removing the
authority citations following the sections.
* * * * *

Subpart K--Regulations Pertaining to the Protection of the
Environment

0
20. The authority citation for Part 200, subpart K, continues to read
as follows:

    Authority: 15 U.S.C. 78w(a)(2).

0
21. Section 200.551 is revised to read as follows:

Sec.  200.551  Applicability.

    In the event of extraordinary circumstances in which a Commission
action may involve major Federal action significantly affecting the
quality of the human environment, the Commission shall follow the
procedures set forth in Sec. Sec.  200.552 through 200.554 of this
part, unless doing so would be inconsistent with its statutory
authority under the Federal securities laws.

Subpart M--Regulation Concerning Conduct of Members and Employees
and Former Members and Employees of the Commission

0
22. 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; 5 CFR 2634; and
5 CFR 2635, unless otherwise noted.

0
23. In Sec.  200.80(b), in the table, remove the following entries:
Form ET, wherever it appears; Rule 1(a); Rule 1(b); Rule 1(c); Rule 2;
Rule 3; Rule 7; Rule 7(d); Rule 20(b); Rule 20(c); Rule 20(d); Rule 23;
Rule 24; Rule 26; Rule 29; Rule 44; Rule 45; Rule 47(b); Rule

52; Form 53; Rule 54; Rule 57(a); Rule 57(b); Rule 58; Rule 62; Rule
71(a); Rule 72; Rule 83; Rule 87; Rule 88; Rule 93; Rule 94; Rule 95;
Rule 100(a); Uniform System of Accounts for Mutual Service Companies
and Subsidiary Service Companies, Public Utility Holding Company Act of
1935; Preservation and Destruction of Records of Registered Public
Utility Holding Companies and of Mutual and Subsidiary Service
Companies; Form U5A; Form U5B; Form U5S; Form U-1; Form U-13-1; Form U-
6B-2; Form U-57; Form U-9C-3; Form U-12(I)-A; Form U-12(I)-B; Form U-
13E-1; Form U-R-1; Form U-13-60; Form U-3A-2; Form U-3A3-1; Form U-7D;
Form U-33-S; Form ID, 259.602, 3235-0328; and Form SE, 259.603, 3235-
0327.

PART 201--RULES OF PRACTICE

Subpart D--Rules of Practice

0
24. The authority citation for part 201, subpart D, is revised to read
as follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77h-1, 77j, 77s, 77u,
77sss, 77ttt, 78c(b), 78d-1, 78d-2, 78l, 78m, 78n, 78o(d), 78o-3,
78s, 78u-2, 78u-3, 78v, 78w, 80a-8, 80a-9, 80a-37, 80a-38, 80a-39,
80a-40, 80a-41, 80a-44, 80b-3, 80b-9, 80b-11, 80b-12, 7202, 7215,
and 7217.

Sec.  201.190  [Amended]

0
25. Section 201.190 is amended by removing the phrase ``Section 22(b)
of the Public Utility Holding Company Act of 1935, 15 U.S.C. 79v(b),
and Rule 104 thereunder, 17 CFR 250.104;'' from the first sentence of
paragraph (a).

0
26. Section 201.210 is amended by revising paragraph (b) to read as
follows:

Sec.  201.210  Parties, limited participants and amici curiae.

* * * * *
    (b) Intervention as a party--(1) Generally. In any proceeding,
other than an enforcement proceeding, a disciplinary proceeding, a
proceeding to review a self-regulatory determination, or a proceeding
to review a Board determination, any person may seek leave to intervene
as a party by filing a motion setting forth the person's interest in
the proceeding. No person, however, shall be admitted as a party to a
proceeding by intervention unless it is determined that leave to
participate pursuant to paragraph (c) of this section would be
inadequate for the protection of the person's interests. In a
proceeding under the Investment Company Act of 1940, any representative
of interested security holders, or any other person whose participation
in the proceeding may be in the public interest or for the protection
of investors, may be admitted as a party upon the filing of a written
motion setting forth the person's interest in the proceeding.
    (2) Intervention as of right. In proceedings under the Investment
Company Act of 1940, any interested State or State agency shall be
admitted as a party to any proceeding upon the filing of a written
motion requesting leave to be admitted.
* * * * *

PART 202--INFORMAL AND OTHER PROCEDURES

0
27. The general authority citation for Part 202 is revised and the
specific authority for Sec.  202.5 is removed to read, in part, as
follows:

    Authority:  15 U.S.C. 77s, 77t, 77sss, 77uuu, 78d-1, 78u, 78w,
78ll(d), 80a-37, 80a-41, 80b-9, 80b-11, 7201 et seq., unless
otherwise noted.
* * * * *

Sec.  202.1  [Amended]

0
28. Section 202.1 is amended by removing the phrase ``250,'' from
paragraph (b).

Sec.  202.2  [Amended]

0
29. Section 202.2 is amended by removing the phrase ``matters under the
Public Utility Holding Company Act of 1935 and'' in the last sentence.

Sec.  202.3  [Amended]

0
30. Section 202.3 is amended by:
0
a. Removing the phrase ``and the Public Utility Holding Company Act of
1935'' from the first sentence of paragraph (a);
0
b. Removing the phrase ``, and filings under the Public Utility Holding
Company Act of 1935 which are also routed to the Division of Investment
Management.'' from the seventh sentence of paragraph (a); and
0
c. Removing the phrase ``the Public Utility Holding Company Act of
1935,'' from the last sentence of paragraph (b)(1).

Sec.  202.6  [Amended]

0
31. Section 202.6 is amended by removing the authority citation at the
end of the section.

Sec.  202.9  [Amended]

0
32. Section 202.9 is amended by removing the phrase ``250.110,'' from
the first sentence of footnote 1.

PART 210--FORM AND CONTENT OF AND REQUIREMENTS FOR FINANCIAL
STATEMENTS, SECURITIES ACT OF 1933, SECURITIES EXCHANGE ACT OF
1934, INVESTMENT COMPANY ACT OF 1940, INVESTMENT ADVISERS ACT OF
1940, AND ENERGY POLICY AND CONSERVATION ACT OF 1975

0
33. The authority citation for Part 210 continues to read, in part, as
follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77aa(25), 77aa(26), 77nn(25), 77nn(26), 78c, 78j-1, 78l, 78m, 78n,
78o(d), 78q, 78u-5, 78w, 78ll, 78mm, 80a-8, 80a-20, 80a-29, 80a-30,
80a-31, 80a-37(a), 80b-3, 80b-11, 7202 and 7262, unless otherwise
noted.

Sec.  210.1-01  [Amended]

0
34. Section 210.1-01 is amended by adding the word ``and'' at the end
of paragraph (a)(2), removing paragraph (a)(3), and redesignating
paragraph (a)(4) as paragraph (a)(3).

Sec.  210.3-18  [Amended]

0
35. Section 210.3-18 is amended by removing the authority citation
following the section.

210.3A-05  [Removed]

0
36. Section 210.3A-05 is removed in its entirety.

PART 229--STANDARD INSTRUCTIONS FOR FILING FORMS UNDER SECURITIES
ACT OF 1933, SECURITIES EXCHANGE ACT OF 1934 AND ENERGY POLICY AND
CONSERVATION ACT OF 1975--REGULATION S-K

0
37. The authority citation for Part 229 continues to read, in part, as
follows:

    Authority:  15 U.S.C. 77e, 77f, 77g, 77h, 77j, 77k, 77s, 77z-2,
77z-3, 77aa(25), 77aa(26), 77ddd, 77eee, 77ggg, 77hhh, 77iii, 77jjj,
77nnn, 77sss, 78c, 78i, 78j, 78l, 78m, 78n, 78n-1, 78o, 78u-5, 78w,
78ll, 78mm, 80a-8, 80a-9, 80a-20, 80a-29, 80a-30, 80a-31(c), 80a-37,
80a-38(a), 80a-39, 80b-11, and 7201 et seq.; and 18 U.S.C. 1350,
unless otherwise noted.
* * * * *

0
38. Section 229.405 is amended by revising the introductory text and
removing the phrase ``or section 17 of the Public Utility Holding
Company Act'' from paragraph (a)(1).
    The revision reads as follows:

Sec.  229.405  (Item 405) Compliance with section 16(a) of the Exchange
Act.

    Every registrant having a class of equity securities registered
pursuant to section 12 of the Exchange Act (15 U.S.C. 78l) and every
closed-end investment company registered under

the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) shall:
* * * * *

PART 230--GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933

0
39. The authority citation for Part 230 is revised by removing the
specific authority for Sec.  230.473 to read, in part, as follows:

    Authority:  15 U.S.C. 77b, 77c, 77d, 77f, 77g, 77h, 77j, 77r,
77s, 77z-3, 77sss, 78c, 78d, 78j, 78l, 78m, 78n, 78o, 78t, 78w,
78ll(d), 78mm, 80a-8, 80a-24, 80a-28, 80a-29, 80a-30, and 80a-37,
unless otherwise noted.
* * * * *

Sec. Sec.  230.122 and 230.176  [Amended]

0
40. Sections 230.122 and 230.176 are amended by removing the authority
citations at the end of the sections.

PART 230--REGULATION C--REGISTRATION

0
41. The authority citation for Part 230, Regulation C, Registration, is
revised by removing the specific authority for Sec.  230.499 to read,
in part, as follows:

    Authority:  Sections 230.400 to 230.499 issued under secs. 6, 8,
10, 19, 48 Stat. 78, 79, 81, and 85, as amended (15 U.S.C. 77f, 77h,
77j, 77s).
* * * * *

0
42. Sections 230.400, 230.404, 230.414, 230.421, 230.423, 230.427,
230.430, 230.431, 230.436, 230.460, 230.470, 230.471, and 230.479 are
amended by removing the authority citations following the sections.

Sec.  230.412  [Amended]

0
43. Section 230.412 is amended by removing the phrase ``the Public
Utility Holding Company Act of 1935,'' from the second sentence in
paragraph (b).

PART 230--INVESTMENT COMPANIES; BUSINESS DEVELOPMENT COMPANIES

0
44. The authority citation for Part 230, Investment Companies; Business
Development Companies, Sec. Sec.  230.480 through 230.485 is removed.
The source and note remain unchanged.

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
45. The authority citation for Part 232 continues to read, in part, as
follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.
* * * * *

Sec.  232.11  [Amended]

0
46. Section 232.11 is amended by removing the definition of the term
``Public Utility Act.''

Sec.  232.101  [Amended]

0
47. Section 232.101 is amended by removing and reserving paragraphs
(c)(12), (c)(13), and (c)(14).

Sec.  232.102  [Amended]

0
48. Section 232.102 is amended by removing the phrase ``Rule 22 under
the Public Utility Holding Company Act (Sec.  250.22 of this
chapter),'' from the second sentence of paragraph (a) and removing
paragraph (f).

Sec.  232.104  [Amended]

0
49. Section 232.104 is amended by removing the phrase ``section 16 of
the Public Utility Act (15 U.S.C. 79p),'' from the first sentence of
paragraph (d).

Sec.  232.201  [Amended]

0
50. Section 232.201 is amended by removing the phrases ``259.604,'' and
``259.601,'' from note 1 to paragraph (a).

Sec.  232.202  [Amended]

0
51. Section 232.202 is amended by removing the phrase ``259.603,'' from
note 1 to Sec.  232.202.

Sec.  232.306  [Amended]

0
52. Section 232.306 is amended by removing the phrase ``259.603,'' from
paragraphs (b) and (c).

Sec.  232.311  [Amended]

0
53. Section 232.311 is amended by:
0
a. Removing paragraphs (c), (d), and (e); and redesignating paragraphs
(f) through (i) as paragraphs (c) through (f);
0
b. In newly redesignated paragraph (e)(1), removing the phrases
``259.604,'' and ``259.601,''; and
0
c. In newly redesignated paragraph (e)(2), removing the phrase ``(a)
through (g)'' and adding in its place the phrase ``(a) through (d)''.

Sec.  232.501  [Amended]

0
54. Section 232.501 is amended by removing the phrase ``Public Utility
Act section 16 (15 U.S.C. 79p),'' from paragraph (c)(2); and removing
the phrase ``the Public Utility Act'' from the second sentence of
paragraph (c)(3).

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

0
55. The authority for Part 239 is amended by revising the specific
authority for Sec. Sec.  239.63 and 239.64 to read as follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77sss, 78c, 78l, 78m, 78n, 78o(d), 78u-5, 78w(a), 78ll, 78mm, 80a-
2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26, 80a-29,
80a-30, and 80-37, unless otherwise noted.
* * * * *
    Sections 239.63 and 239.64 are also issued under 15 U.S.C. 77f,
77g, 77h, 77j, 77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d),
78w(a), 80a-8, 80a-24, 80a-29, and 80a-37.
* * * * *

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

0
56. The authority for Part 240 is amended by revising the specific
authorities for Sec.  240.14d-1 and Sec.  240.14e-2 to read as follows:

    Authority:  15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i,
78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4, 78p, 78q,
78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37,
80b-3, 80b-4, 80b-11, and 7201 et seq.; 18 U.S.C. 1350; 12 U.S.C.
5221(e)(3); and Pub. L. 111-203, Sec.  939A, 124 Stat. 1376 (2010),
unless otherwise noted.
* * * * *
    Section 240.14d-1 is also issued under 15 U.S.C. 77g, 77j,
77s(a), 77ttt(a), 80a-37.
    Section 240.14e-2 is also issued under 15 U.S.C. 77g, 77h,
77s(a), 77sss, 80a-37(a).
* * * * *

Sec.  240.0-4  [Amended]

0
57. Section 240.0-4 is amended by removing the authority citation at
the end of the section.

Sec.  240.11d1-1  [Amended]

0
58. Section 240.11d1-1 is amended by removing the phrase ``, or as a
stockholder of a company distributing such security in order to
effectuate the provisions of section 11 of the Public Utility Holding
Company Act of 1935'' from the first sentence of paragraph (d) and by
removing the authority citation at the end of the section.

Sec.  240.13f-1  [Amended]

0
59. Section 240.13f-1 is amended by removing the phrase ``13(f)(3) of
the Act (15 U.S.C. 78m(f)(3))'' from the second sentence of paragraph
(c) and adding in its place the phrase ``13(f)(4) of the Act (15 U.S.C.
78m(f)(4))''.

Sec. Sec.  240.14d-4 and 240.14d-7  [Amended]

0
60. Sections 240.14d-4 and 240.14d-7 are amended by removing the
authority citations following the end of each section.

Sec.  240.16a-1  [Amended]

0
61. Section 240.16a-1 is amended by removing paragraph (a)(5)(i) and
redesignating paragraphs (a)(5)(ii) and (a)(5)(iii) as paragraphs
(a)(5)(i) and (a)(5)(ii).

Sec.  240.16a-2  [Amended]

0
62. Section 240.16a-2 is amended by removing the phrase ``section 17(a)
of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79q(a))
or'' from the first sentence of the introductory text; and removing the
phrase ``Public Utility Holding Company Act of 1935 and the'' from the
third sentence of the introductory text.

Sec.  240.16a-3  [Amended]

0
63. Section 240.16a-3 is amended by removing the phrase ``either
section 17(a) of the Public Utility Holding Company Act of 1935 (15
U.S.C. 79q(a)) or'' from paragraph (d).

Sec.  240.16-1  [Amended]

0
64. Section 240.16b-1 is amended by removing the designation ``(a)''
from paragraph (a) and removing paragraph (b).

PART 243--REGULATION FD

0
65. The authority for Part 243 continues to read as follows:

    Authority:  15 U.S.C. 78c, 78i, 78j, 78o, 78w, 78mm, and 80a-29,
unless otherwise noted.

Sec.  243.100  [Amended]

0
66. Section 243.100 is amended by removing the phrase ``13(f)(5) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(f)(5))'' from paragraph
(b)(1)(ii) and adding in its place the phrase ``13(f)(6) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(f)(6))''.

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
67. The authority for Part 249 continues to read, in part, as follows:

    Authority:  15 U.S.C. 78a et seq. and 7201 et seq.; and 18
U.S.C. 1350, unless otherwise noted.
* * * * *

0
68. Amend Form 5 (referenced in Sec.  249.105) by:
0
a. Removing ``, except that a single statement shall be filed with
respect to the securities of a registered public utility holding
company and all of its subsidiary companies'' from General Instruction
1(c).
0
b. Removing and reserving General Instruction 3(a)(ii).

    Note-- The text of Form 5 does not and this amendment will not
appear in the Code of Federal Regulations.

PART 250--[REMOVED AND RESERVED]

0
69. Part 250 is removed and reserved.

PART 251--[REMOVED AND RESERVED]

0
70. Part 251 is removed and reserved.

PART 256--[REMOVED AND RESERVED]

0
71. Part 256 is removed and reserved.

PART 257--[REMOVED AND RESERVED]

0
72. Part 257 is removed and reserved.

PART 259--[REMOVED AND RESERVED]

0
73. Part 259 is removed and reserved.

PART 260--GENERAL RULES AND REGULATIONS, TRUST INDENTURE ACT OF
1939

0
74. The authority citation for part 260 continues to read as follows:

    Authority:  15 U.S.C. 77eee, 77ggg, 77nnn, 77sss, 77ll(d), 80b-
3, 80b-4, and 80b-11.

0
75. Sections 260.0-4, 260.0-6 and 260.7a-29 are amended by removing the
authority citations at the end of the sections.

Sec.  260.19a-1  [Amended]

0
76. Section 260.19a-1 is amended by:
0
a. Removing the quotation marks before and after the phrase ``file with
the indenture trustee all reports required to be filed with the
Commission pursuant to Section 13 or Section 15(d) of the Securities
Exchange Act of 1934.''
0
b. Removing the phrase ``77nn(a)(1)'' and adding in its place the
phrase ``77nnn(a)(1)''.

PART 270--RULES AND REGULATIONS, INVESTMENT COMPANY ACT OF 1940

0
77. The authority citation for part 270 continues to read, in part, as
follows:

    Authority:  15 U.S.C. 80a-1 et seq., 80a-34(d), 80a-37, and 80a-
39, unless otherwise noted.
* * * * *

Sec. Sec.  270.0-4 and 270.8b-32  [Amended]

0
78. Sections 270.0-4 and 270.8b-32 are amended by removing the
authority citations at the end of the sections.

PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940

0
79. The general authority for Part 274 continues to read, in part, as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m,
78n, 78o(d), 80a-8, 80a-24, 80a-26, and 80a-29, unless otherwise
noted.
* * * * *

0
80. Amend Form 3 (referenced in Sec. Sec.  249.103 and 274.202) by:

    Note-- The text of Form 3 does not and this amendment will not
appear in the Code of Federal Regulations.

0
a. Removing and reserving General Instructions 1(a)(iii) and 4(a)(ii).
0
b. Removing the phrase ``, except that a single statement shall be
filed with respect to the securities of a registered public utility
holding company and all of its subsidiary companies'' from General
Instruction 2(c).

0
81. Amend Form 4 (referenced in Sec. Sec.  249.104 and 274.203) by:

    Note-- The text of Form 4 does not and this amendment will not
appear in the Code of Federal Regulations.

0
a. Removing the phrase ``, except that a single statement shall be
filed with respect to the securities of a registered public utility
holding company and all of its subsidiary companies'' from General
Instruction 1(c).
0
b. Removing and reserving General Instruction 3(a)(ii).

0
82. Amend the Form SE (referenced in Sec. Sec.  239.64, 249.444, 269.8
and 274.403) by removing the phrase ``the Public Utility Holding
Company Act of 1935,'' from Form SE General Instruction 1.A. and from
the second sentence of Form SE General Instruction 1.B.

    Note: The text of Form SE does not and this amendment will not
appear in the Code of Federal Regulations.

PART 275--RULES AND REGULATIONS, INVESTMENT ADVISERS ACT OF 1940

0
83. The authority citation for part 275 continues to read, in part, as
follows:

    Authority:  15 U.S.C. 80b-2(a)(11)(G), 80b-2(a)(11)(H), 80b-
2(a)(17), 80b-3, 80b-4, 80b-4a, 80b-6(4), 80b-6a, and 80b-11, unless
otherwise noted.
* * * * *

Sec.  275.0-4  [Amended]

0
84. Section 275.0-4 is amended by removing the authority citation at
the end of the section.

    Dated: November 4, 2011.

    By the Commission.

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-29096 Filed 11-18-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Notices]
[Page 21166-21167]
[DOCID:fr18ap08-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57659; File No. SR-MSRB-2008-03]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing of Proposed Rule Change Relating to Rule G-11,
on New Issue Syndicate Practices, and Rule G-12, on Uniform Practice

April 14, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 18, 2008, the Municipal Securities Rulemaking Board (``MSRB''
or ``Board'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
MSRB. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The MSRB is filing with the Commission a proposed rule change
consisting of amendments to Rule G-11 and Rule G-12 that (a) delete
Rule G-12(i); (b) consolidate the remaining syndicate practice
provisions of Rule G-12 into Rule G-11; (c) delete the syndicate-
related sections of Rule G-12; and (d) make minor technical corrections
to Rule G-11. The text of the proposed rule change is available on the
MSRB's Web site (http://www.msrb.org), at the MSRB's principal office,
and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the MSRB included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The MSRB has prepared summaries, set forth in sections
A, B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Rule G-11, on new issue syndicate practices, sets forth basic
requirements for dealers serving as senior managers or members of
underwriting syndicates. Rule G-12, on uniform practice, includes
additional settlement-related provisions in connection with syndicate
operations. The Board has determined to consolidate the syndicate
practice provisions into Rule G-11 by deleting the syndicate-related
sections of Rule G-12 and inserting them into Rule G-11, as well as to
make minor technical corrections to Rule G-11. This consolidation will
put the Board's syndicate practice requirements into a single rule and
thereby reduce the possibility of rule violations due to inadvertent
failures to note the additional syndicate practice provisions that are
currently embedded in Rule G-12 among other un-related provisions.
    In addition, the Board has also determined to delete Rule G-12(i),
on good faith deposits, in order to clarify and modernize its rules to
bring them into line with the realities of current market practice
without compromising investor protection. A good faith deposit was in
the past generally delivered to a municipal bond issuer by a firm
competing for the underwriting business of the issuer. If the syndicate
was not successful in purchasing the issue, Rule G-12(i) required the
syndicate manager to return the deposit to the members of the syndicate
within two business days following the return of the deposit from the
issuer. Under current market practice, generally such deposits are not
advanced either because they are not required by issuers or are treated
as an expense of the syndicate for which syndicate managers give an
accounting to syndicate members pursuant to MSRB rules.
2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with
section 15B(b)(2)(C) of the Act,\3\ which provides that the MSRB's
rules shall:
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78o-4(b)(2)(C).
---------------------------------------------------------------------------

    Be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in municipal securities, to remove
impediments to and perfect the mechanism of a free and open market in
municipal securities, and, in general, to protect investors and the
public interest.
    The Board believes that the proposed rule change will facilitate
transactions in municipal securities and protect investors and the
public interest by creating a consolidated rule that seeks to avoid
inadvertent rule violations and clarifies and modernizes its rules to
bring them into line with the realities of current market practice
without compromising investor protection.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The MSRB does not believe that the proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act since it would apply equally to
all brokers, dealers and municipal securities dealers.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-MSRB-2008-03 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-MSRB-2008-03. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the MSRB. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MSRB-2008-03 and should be
submitted on or before May 9, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E8-8348 Filed 4-17-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 2, 2007 (Volume 72, Number 126)]
[Notices]
[Page 36091-36092]
[DOCID:fr02jy07-104]

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SECURITIES AND EXCHANGE COMMISISON

[Release No. 34-55964; File No. SR-OC-2007-01]

Self-Regulatory Organizations; OneChicago, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change Relating to
Nullification Policy for Error Trades and Mistrades

June 26, 2007.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-7 under the Act,\2\ notice is hereby given
that on June 4, 2007 OneChicago, LLC (``OneChicago'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I, II, and III below, which
Items have been substantially prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons. OneChicago also has filed the proposed
rule change with the Commodity Futures Trading Commission (``CFTC'').
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 17 CFR 240.19b-7.
---------------------------------------------------------------------------

    OneChicago filed a written certification with the CFTC under
Section 5c(c) of the Commodity Exchange Act \3\ on June 1, 2007.
---------------------------------------------------------------------------

    \3\ 7 U.S.C. 7a-2(c).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Description of the Proposed Rule
Change

    OneChicago is proposing to amend its Error Trade Nullification
Policy (``Error Trade Policy'').

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    OneChicago is proposing to amend its Error Trade Policy. The
proposed rule change would make substantive changes to update and
clarify the Error Trade Policy based on the Exchange's experience and
make other non-substantive, conforming, and stylistic changes. Among
others, the proposed rule change would amend the ``no bust'' range, add
the term ``Questioned Trade'', permit trades within the ``no bust''
range to be busted or adjusted if there were an Exchange system
failure, require traders or customers with a contingency trade
triggered by a trade that is questioned to call the OneChicago
Operations Management (``OOM'') Help Desk within five minutes of
notification of a questioned trade, and permit the parties to make
restitution by making a reasonable cash payment to compensate for any
losses or costs directly incurred as a result of the error.
    The proposed rule change would set the ``no bust'' range for trades
that are questioned (``Questioned Trades'') at fixed amounts.
Currently, the ``no bust'' range is tiered as follows: if the
reasonable market price is less than or equal to $10, the ``no bust''
range is 10% above or below the reasonable market price; if the
reasonable market price is between $10 and $100, the ``no bust'' range
is 5% above or below the reasonable market price; and, lastly, if the
reasonable market price is higher than $100, the ``no bust'' range is
3% above or below the reasonable market price. Under the proposed rule
change, the ``no bust'' range will also be tiered and based on the
reasonable market price as set by the OOM. The new ``no bust'' range
would be as follows: if the reasonable market price were less than $25,
the ``no bust'' range would include any price that is no greater than
$0.50 from the reasonable market price; if the reasonable market price
were equal to or higher than $25 but less than $100, the ``no bust
range'' would be any price that is no greater than $1.00 from the
reasonable market price; and for reasonable market prices at or above
$100, the no bust range would be any price that is within one percent
of the reasonable market price.
    The proposed rule change would also add language that would clarify
that the Exchange may bust a trade outside the ``no bust'' range or
require that a price adjustment be made. If OOM determines that a price
adjustment is appropriate, the proposed rule change would permit OOM to
set or allow a price adjustment at or near the reasonable price range
plus (in the case of a buy-side error) or minus (in the case of sell-
side error) an amount up to and including the relevant ``no bust''
range for the contract. Under the proposed rule change, an OOM directed
price adjustment would either be made by having the OOM Help Desk
cancel (bust) the original trade and reenter it at the adjusted price
or by having the members on either side of the trade make a cash-
payment directly between them. Additional language would be added to
make it clear that members are responsible to and for their respective
customers and that in no event should participants to an error trade
take action to adjust the price or make cash payment without the
knowledge and approval of OOM.
    The proposed rule change would eliminate the requirement that OOM
may only provide assistance to Registered Trading Privilege Holders
(``RTPH'') for error trades. The Exchange believes it is appropriate to
permit OOM to provide assistance to RTPHs and other persons.
    Currently, if a Questioned Trade is inside the no bust range, the
trade will not be busted. The proposed rule change would permit a
Questioned Trade within the no bust range to be busted if there were an
Exchange system failure. The proposed rule change would also add new
language that would emphasize to the parties of a Questioned Trade that
they should not assume that a trade would be busted or not busted until
the OOM makes a final decision.
    The contingency portion of the Error Trade Policy would be amended
to place a time limit on requests by traders to bust or adjust a
contingent trade triggered by a Questioned Trade. Under the proposed
rule change, the traders or customers on either side of a contingent
trade would be required to call the OOM Help Desk no later than 5
minutes after the OOM initially notified the market that the triggering
trade was in question. The proposed amendment to the contingency
provision would also permit adjusting the price of the trade.
    The proposed rule change would also add language that would make it
clear that the party responsible for a mistrade would be required to
report to the OOM Help Desk the details of any transactions conducted
pursuant to Part A or B of the Error Trade Policy that occurred outside
of the OneChicago system.

    The proposed amendments to Part B.1 of the Error Trade Policy,
(trades not brought to the attention of OOM within eight minutes or
within five minutes for contingency trades), would permit restitution
in the form of a reasonable cash payment, if the parties agreed to do
so in order to compensate for any losses or costs directly incurred as
a result of the error. Under the proposed rule change, the parties to
the trade could also agree to retain the trade but make reasonable cash
payment to compensate for any losses or costs caused by the error. The
proposed rule change would also add new language to this Part clearly
stating that in no event should participants take action to adjust the
price or make cash payment without the knowledge of OOM.
    Part B.2 of the Error Trade Policy dealing with arbitration of
disputes would be amended to require that a written notice of
arbitration claim be given to the National Futures Association in
addition to the OOM Help Desk. The proposed rule change would delete
portions of Part B.2 requiring the owner of the account on the other
side of an error to be a RTPH or subject to OOM's jurisdiction to bring
an arbitration claim and limiting the recovery under arbitration to the
difference between the error trade price and the true market price for
the relevant contract immediately before the error trade occurred.
    Part C of the current Error Trade Policy dealing with voluntary
adjustment of trade price for those trades outside the ``no bust''
range reported within eight minutes would be deleted and the current
Part D, Schedule of Administrative Fees, would be renumbered to be Part
C. Since the proposed rule change would permit the OOM to direct the
traders to make a price adjustment, this provision is no longer
necessary. Therefore, the parties may no longer independently decide to
keep and adjust trades that are reported within eight minutes of when
the trade occurred or within five minutes of when the trade was
questioned for contingency trades and outside of the ``no bust'' range.
This adjustment must be made by the Exchange.
    The Schedule of Administrative fees would be amended to make
administrative fees permissive rather than mandatory. Under the
proposed rule change, if OneChicago adopts an administration fee
schedule, the party responsible for the Questioned Trade would be
required to pay a fee in accordance with the fee schedule. The proposed
rule change would also add two new provisions, Part D, which would
permit the Exchange to bust any trades affected by a system failure or
partial failure whether or not the trades occurred within the ``no
bust'' range and Part E, which would permit the Exchange to bust or
adjust any trades that are in violation of OneChicago rules.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \4\ in general and Section 6(b)(5) of the
Act \5\ in particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    OneChicago does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing proposed rule change has become effective pursuant to
Section 19(b)(7) of the Act.\6\ Within 60 days of the date of
effectiveness of the proposed rule change, the Commission, after
consultation with the CFTC, may summarily abrogate the proposed rule
change and require that the proposed rule change be refiled in
accordance with the provisions of Section 19(b)(1) of the Act.\7\
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    \6\ 15 U.S.C. 78s(b)(7).
    \7\ 15 U.S.C. 78s(b)(1).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-OC-2007-01 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-OC-2007-01. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of OneChicago. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-OC-2007-01 and should be submitted on or before July 23,
2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(73).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-12743 Filed 6-29-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: September 13, 2010 (Volume 75, Number 176)]
[Notices]
[Page 55595-55596]
[DOCID:fr13se10-57]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1924-DR; Docket ID FEMA-2010-0002]

Nebraska; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-1924-DR), datedJuly 15, 2010, and
related determinations.

DATES: Effective Date: September 1, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management

Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Nebraska is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of July 15, 2010.

    Adams, Buffalo, Dawes, Dawson, Hooker, Jefferson, Sheridan, and
Thurston Counties for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-22768 Filed 9-10-10; 8:45 am]
BILLING CODE 9111-23-P