[Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26582]


[[Page Unknown]]

[Federal Register: October 27, 1994]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR PART 200

[Release No. 34-34871]

 

Disposition of Business by Seriatim Commission Consideration or 
by Delegated Authority

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is 
amending its rules on disposition of Commission business to formalize 
current practice regarding procedures for seriatim and delegated 
consideration of business.

EFFECTIVE DATE: October 27, 1994.

FOR FURTHER INFORMATION CONTACT: C. Hunter Jones, Office of the General 
Counsel, (202) 942-0877, or Anne Sullivan, Office of the General 
Counsel, (202) 942-0954.

SUPPLEMENTARY INFORMATION: The Commission is modifying 17 CFR 200.41-
200.42 concerning seriatim consideration of business and actions by 
individual Commissioners on a delegated basis in order to formalize 
current practice and clarify that any member of the Commission may 
schedule a matter for joint deliberation, regardless of the number of 
Commissioners who have voted to approve it, and that a member of the 
Commission who is serving as duty officer is authorized to approve a 
formal order of private investigation.
    The Commission has determined that these amendments and additions 
to its procedural rules relate solely to the agency's organization, 
procedure or practice. Therefore, the provisions of the Administrative 
Procedure Act (``APA'') regarding notice of proposed rulemaking, 
opportunities for public participation, and prior publication\1\ are 
not applicable. Similarly, the provisions of the Regulatory Flexibility 
Act,\2\ which apply only when notice and comment are required by the 
APA or other laws, are not applicable.
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    \1\5 U.S.C. 553.
    \2\5 U.S.C. 601-612.
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Effects on Competition

    Section 23(a)(2) of the Securities Exchange Act of 1934 (``Exchange 
Act'')\3\ requires the Commission, in adopting rules under the Exchange 
Act, to consider the anti-competitive effects of such rules, if any, 
and to balance any impact against the regulatory benefits gained in 
furthering the purposes of the Exchange Act. The Commission has 
considered the changes adopted in this release in light of the 
standards cited in section 23(a)(2) and believes that their adoption 
would not impose any burden on competition not necessary or appropriate 
in furtherance of the Exchange Act.
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    \3\15 U.S.C. 78w(a)(2).
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Statutory Basis of Rule

    The amendments to the Commission's rules are adopted pursuant to 
the authorities set forth therein.

List of Subjects in 17 CFR Part 200

    Administrative practice and procedure, Authority delegations 
(Government agencies).

Text of Amendments

    For the reasons set out in the preamble, Title 17, Chapter II, Part 
200 of the Code of Federal Regulations is amended as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND 
REQUESTS

Subpart B--Disposition of Commission Business

    1. The authority citation for Part 200, Subpart B, continues to 
read as follows:

    Authority: 5 U.S.C. 552b.

    2. Section 200.41 is amended by revising paragraph (a) to read as 
follows:


Sec. 200.41  Disposition of business by seriatim Commission 
consideration.

    (a) Whenever the Commission's Chairman, or the Commission member 
designated as duty officer pursuant to Sec. 200.42, is of the opinion 
that joint deliberation among the members of the Commission upon any 
matter is unnecessary in light of the nature of the matter, 
impracticable, or contrary to the requirements of agency business, but 
is of the view that such matter should be the subject of a vote of the 
Commission, such matter may be disposed of by circulation of any 
relevant materials concerning the matter among all Commission members. 
Each participating Commission member shall report his or her vote to 
the Secretary, who shall record it in the Minute Record of the 
Commission. Any matter circulated for disposition pursuant to this 
subsection shall not be considered final until each Commission member 
has reported his or her vote to the Secretary or has reported to the 
Secretary that the Commissioner does not intend to participate in the 
matter.
* * * * *
    3. Section 200.42 is amended by redesignating paragraph (b)(2) as 
paragraph (b)(3) and adding a new paragraph (b)(2) to read as follows:


Sec. 200.42  Disposition of business by exercise of authority delegated 
to individual Commissioner.

* * * * *
    (b) * * *
    (2) The duty officer may, when in his or her opinion it would be 
proper and timely, exercise the authority delegated in this section to 
initiate by order a nonpublic formal investigative proceeding pursuant 
to section 19(b) of the Securities Act of 1933 (15 U.S.C. 77s(b)), 
section 21(b) of the Securities Exchange Act of 1934 (15 U.S.C. 
78u(b)), section 18(c) of the Public Utility Holding Company Act of 
1935 (15 U.S.C. 79r(c)), section 42(b) of the Investment Company Act of 
1940 (15 U.S.C. 80a-41(b)), section 209(b) of the Investment Advisers 
Act of 1940 (15 U.S.C. 80b-9(b)), and Part 203 (Rules Relating to 
Investigations) of this title (17 CFR part 203). After consideration of 
a staff recommendation for initiation by order of a nonpublic formal 
investigative proceeding, the duty officer shall forthwith report his 
or her action thereon to the Secretary.
* * * * *
    By the Commission.

    Dated: October 21, 1994.
Jonathan G. Katz,
Secretary.
[FR Doc. 94-26582 Filed 10-26-94; 8:45 am]
BILLING CODE 8010-01-P