[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Rules and Regulations]
[Page 3122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-842]



[[Page 3121]]

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Part V





Securities and Exchange Commission





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17 CFR Parts 200 and 202



Delegations of Authority to the Director of Its Division of Enforcement 
and Policy Statement Concerning Cooperation by Individuals in Its 
Investigations and Related Enforcement Actions; Final Rules

  Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / 
Rules and Regulations  

[[Page 3122]]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release No. 34-61339]


Delegations of Authority to the Director of Its Division of 
Enforcement

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is 
amending its rules to delegate authority to the Director of the 
Division of Enforcement (``Division'') to submit witness immunity order 
requests to the Department of Justice for witnesses who have provided 
or have the potential to provide substantial assistance in the 
Commission's investigations and related enforcement actions. This 
delegation is intended to conserve Commission resources, enhance the 
Division's ability to detect violations of the federal securities laws, 
increase the effectiveness and efficiency of the Division's 
investigations, and improve the success of the Commission's enforcement 
actions.

DATES: Effective Date: January 19, 2010.

FOR FURTHER INFORMATION CONTACT: Joan McKown, Chief Counsel, (202) 551-
4933; or Jordan A. Thomas, Assistant Chief Litigation Counsel, (202) 
551-4475.

SUPPLEMENTARY INFORMATION: The Commission today is amending its rules 
governing delegations of authority to the Director of the Division of 
Enforcement. The amendment to Rule 30-4 (17 CFR 200.30-4) authorizes 
the Director of the Division of Enforcement (``Director'') to submit 
witness immunity order requests to the Department of Justice for 
witnesses who have provided or have the potential to provide 
substantial assistance in the Commission's investigations and related 
enforcement actions. This delegation is intended to conserve Commission 
resources, enhance the Division's ability to detect violations of the 
federal securities laws, increase the effectiveness and efficiency of 
the Division's investigations, and improve the success of the 
Commission's enforcement actions.
    Nevertheless, the Division may submit matters to the Commission for 
consideration, as it deems appropriate.
    The Commission finds, in accordance with the Administrative 
Procedure Act (``APA'') (5 U.S.C. 553(b)(3)(A)), that this revision 
relates solely to agency organization, procedures, or practices. It is 
therefore not subject to the provisions of the APA requiring notice and 
opportunity for comment. Accordingly, it is effective January 19, 2010.

List of Subjects in 17 CFR Part 200

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

Text of Amendment

0
For the reasons set out 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

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, 77d, 78d-1, 78d-2, 78w, 
78ll(d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted.
* * * * *

0
2. Section 200.30-4 is amended by adding paragraph (a)(14) to read as 
follows:


Sec.  200.30-4  Delegation of authority to Director of Division of 
Enforcement.

* * * * *
    (a) * * *
    (14) To submit witness immunity requests to the U.S. Attorney 
General for approval to seek an order compelling an individual to give 
testimony or provide other information pursuant to a subpoena that may 
be necessary to the public interest in connection with investigations 
and related enforcement actions pursuant to section 22(b) of the 
Securities Act of 1933 (15 U.S.C. 77v(b)), section 21(c) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78u(c)), section 42(c) of 
the Investment Company Act of 1940 (15 U.S.C. 80a-41(c)) and section 
209(c) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9(c)).
* * * * *

    By the Commission.

    Dated: January 13, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-842 Filed 1-15-10; 8:45 am]
BILLING CODE 8011-01-P