[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Rules and Regulations]
[Pages 4104-4105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2009]
[[Page 4103]]
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Part III
Securities and Exchange Commission
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17 CFR Part 202
Designation of Small Business Compliance Guides, Policy Statement;
Final Rule
17 CFR Part 230, et al.
Small Business and Small Organization Definitions; Proposed Rule
Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 /
Rules and Regulations
[[Page 4104]]
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 202
[Release Nos. 33-7382, 34-38189; IC-22477, IA-1608]
Designation of Small Business Compliance Guides
AGENCY: Securities and Exchange Commission.
ACTION: Policy statement.
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SUMMARY: The Securities and Exchange Commission has designated several
of its publications that assist small entities in complying with
Commission rules as small business compliance guides, as required by
the Small Business Regulatory Enforcement Fairness Act of 1996. The
Commission has also determined to include in the Code of Federal
Regulations the list of small business compliance guides and
information concerning how members of the public may obtain them.
EFFECTIVE DATE: January 28, 1997.
FOR FURTHER INFORMATION CONTACT: Anne H. Sullivan at (202-942-0954) or
Penelope W. Saltzman at (202-942-0915), Office of the General Counsel.
SUPPLEMENTARY INFORMATION:
Designation of Compliance Guides in the Code of Federal Regulations
On March 29, 1996, Congress adopted the Small Business Regulatory
Fairness Act, Pub. L. 104-121, 110 Stat. 857 (1996), which directs
agencies to make available to small entities as defined by the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. ``small entity
compliance guides'' (``compliance guides'') for each rule or group of
rules for which the agencies prepare a final regulatory flexibility
analysis under the Regulatory Flexibility Act. The Commission is adding
a new section 202.8 to the Code of Federal Regulations, which will list
the Commission's compliance guides and how to obtain them. The
Commission will review all existing small entity compliance guides
annually to determine their adequacy and to revise them, as
appropriate.
The Commission has designated the following publications as
compliance guides:
Q & A: Small Business and the SEC
The Work of the SEC
Broker-Dealer Registration Package
Investment Adviser Registration Package
Investment Company Registration Package
Examination Information for Broker-Dealers, Transfer Agents, Investment
Advisers and Investment Companies
Publications and Information on Request
The Commission makes these compliance guides as well as other
information available to the public through the following sources, some
of which are specifically designed for small businesses:
The Commission makes available free copies of ``Q & A: Small
Business and the SEC,'' ``The Work of the SEC,'' the registration
packages, and the Examination Information in its Publications Room at
the Commission's headquarters at 450 Fifth Street, N.W. Washington, DC
20549 (202-942-8090) or at the regional offices. Members of the public,
including small businesses, also may obtain free copies of these
publications by calling the Commission's toll-free telephone number
(800-SEC-0330), the Office of Small Business Policy at (202) 942-2950,
the Publications Room (202) 942-4040, or the Office of Investor
Education and Assistance (202) 942-7040.
The World Wide Web. The Commission's World Wide Web site provides
information on the SEC, its mission, and its initiatives. The Web site
includes a page that contains information of special interest to small
businesses, in particular, ``Q & A: Small Business and the SEC,'' ``The
Work of the SEC,'' and a list of pending and completed SEC rulemakings
of particular relevance to small businesses. Members of the public can
also communicate with the Commission through the Commission's Internet
mailboxes. These include, ``[email protected]'' for requests made to the
Office of Investor Education and Assistance, ``[email protected]''
for complaints and reports to the Division of Enforcement, ``e-
[email protected]'' for comments about electronic prospectuses and
Internet issues, and ``[email protected]'' for public comment on
current proposed rules. In addition, the Commission homepage provides
for direct query capability for information posted on the Web site and
in the EDGAR filings database.
The Commission provides the following additional sources for other
information and informal guidance:
Filings and Releases On Request. Pursuant to Commission rule, 17
CFR 200.80, the following Commission records (excluding nonpublic items
specified in the rule) are available for public inspection or copying:
Commission opinions;
Statements of policy adopted by the Commission;
Certain staff manuals and instructions;
Indices of opinions and statements of policy;
Required filings with the Commission which are not
confidential;
Requests or petitions for a change in Commission rules, a
no-action or interpretive letter, or an exemption from Commission
regulation;
Transcripts of public proceedings; and
Commission reports to Congress.
Copies of Commission releases and disclosure documents filed with
the Commission are available through the Commission's Public Reference
Room (202-942-8090) for a copying charge of $.24 per page.
Special Ombudsman. The Commission has appointed a Special Ombudsman
to serve as the liaison and agency spokesman for the concerns of small
business. In addition to receiving information from small businesses
concerning the impact of Commission rules and regulations, the Special
Ombudsman will help small businesses in obtaining Commission
publications and other information regarding the Commission's
regulations. The Special Ombudsman can be reached at (202) 942-2950. In
addition, the Office of Municipal Securities has designated a Municipal
Securities Ombudsman for matters affecting municipal securities
issuers, many of which qualify as small governments under the
Regulatory Flexibility Act. The telephone number for the Municipal
Securities Ombudsman is (202) 942-7300.
Small Business Liaisons. In addition to the Special Ombudsman for
small business, small business liaisons are assigned in each of the
Commission's regional offices for small businesses to contact for
assistance.
Public Inquiry Numbers. The Divisions of Corporation Finance,
Investment Management, and Market Regulation maintain public inquiry
numbers at which members of the public may obtain informal guidance
regarding rules and statutory provisions administered by those
Divisions. Those telephone numbers are:
Division of Corporation Finance: (202) 942-2900
Division of Investment Management: (202) 942-0659
Division of Market Regulation: (202) 942-0069
Regulatory Requirements
The designation of the Commission's compliance guides is not an
agency rule and, therefore, the provisions of the Administrative
Procedure Act (``APA'') regarding notice of proposed rulemaking,
opportunities for public
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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
another statute, are not applicable.
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\1\ 5 U.S.C. 553.
\2\ 5 U.S.C. 601-602.
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List of Subjects in 17 CFR Part 202
Administrative practice and procedure.
Text of Amendment
In accordance with the foregoing, 17 CFR, Chapter II, is amended as
follows:
PART 202--INFORMAL AND OTHER PROCEDURES
1. The authority citation for Part 202 continues to read in part as
follows:
Authority: 15 U.S.C. 77s, 77t, 78d-1, 78u, 78w, 7811(d), 79r,
79t, 77sss, 77uuu, 80a-37, 80a-41, 80b-9, and 80b-11, unless
otherwise noted.
* * * * *
2. Section 202.8 is added to read as follows:
Sec. 202.8 Small entity compliance guides.
The following small entity compliance guides are available to the
public from the Commission's Publications Room and regional offices:
(a) Q & A: Small Business and the SEC.\1\
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\1\ These items are also available on the Securities and
Exchange Commission Web site on the Internet, http://www.sec.gov.
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(b) The Work of the SEC.\1\
(c) Broker-Dealer Registration Package.
(d) Investment Adviser Registration Package.
(e) Investment Company Registration Package.
(f) Examination Information for Broker-Dealers, Transfer Agents,
Investment Advisers and Investment Companies.
By the Commission.
Dated: January 22, 1997.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 97-2009 Filed 1-27-97; 8:45 am]
BILLING CODE 8010-01-P