2012-1669. Regulatory Flexibility Agenda  

  • Start Preamble Start Printed Page 8082

    AGENCY:

    Securities and Exchange Commission.

    ACTION:

    Semiannual regulatory agenda.

    SUMMARY:

    The Securities and Exchange Commission is publishing an agenda of its rulemaking actions pursuant to the Regulatory Flexibility Act (RFA) (Pub. L. 96-354, 94 Stat. 1164) (Sep. 19, 1980). Information in the agenda was accurate on September 16, 2011, the day on which the Commission's staff completed compilation of the data. To the extent possible, rulemaking actions by the Commission since that date have been reflected in the agenda. The Commission invites questions and public comment on the agenda and on the individual agenda entries.

    The Commission is now printing in the Federal Register, along with our preamble, only those agenda entries for which we have indicated that preparation of a Regulatory Flexibility Act analysis is required.

    The Commission's complete RFA agenda will be available online at www.reginfo.gov.

    DATES:

    Comments should be received on or before December 30, 2011.

    ADDRESSES:

    Comments may be submitted by any of the following methods:

    Electronic Comments

    Paper Comments

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

    All submissions should refer to File No. S7-37-11. This file number should be included on the subject line if e-mail is used. To help us 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/​other.shtml). Comments are also available for Web site viewing and printing 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. All comments received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Anne Sullivan, Office of the General Counsel, 202 551-5019.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    The RFA requires each Federal agency, during April and October of each year, to publish in the Federal Register an agenda identifying rules that the agency expects to consider in the next 12 months that are likely to have a significant economic impact on a substantial number of small entities (5 U.S.C. 602(a)). The RFA specifically provides that publication of the agenda does not preclude an agency from considering or acting on any matter not included in the agenda and that an agency is not required to consider or act on any matter that is included in the agenda (5 U.S.C. 602(d)). Actions that do not have an estimated date are placed in the long-term category; the Commission may nevertheless act on items in that category within the next 12 months. The agenda includes new entries, entries carried over from prior publications, and rulemaking actions that have been completed (or withdrawn) since publication of the last agenda.

    The following abbreviations for the acts administered by the Commission are used in the agenda:

    “Securities Act”— Securities Act of 1933

    “Exchange Act”— Securities Exchange Act of 1934

    “Investment Company Act”— Investment Company Act of 1940

    “Investment Advisers Act”— Investment Advisers Act of 1940

    “Dodd-Frank Act”— Dodd-Frank Wall Street Reform and Consumer Protection Act

    The Commission invites public comment on the agenda and on the individual agenda entries.

    Start Signature

    By the Commission.

    Dated: September 16, 2011.

    Elizabeth M. Murphy,

    Secretary.

    End Signature

    Division of Corporation Finance—Proposed Rule Stage

    Sequence No.TitleRegulation Identifier No.
    591Proxy Solicitation Enhancements3235-AK28

    Division of Corporation Finance—Final Rule Stage

    Sequence No.TitleRegulation Identifier No.
    592Disqualification of Felons and Other “Bad Actors” From Rule 506 Offerings3235-AK97
    593Short-Term Borrowings3235-AK72
    594Conflict Minerals3235-AK84
    595Disclosure of Payments By Resource Extraction Issuers3235-AK85
    596Listing Standards for Compensation Committees3235-AK95
    597Exemptions for Security-Based Swaps3235-AL17
    598Net Worth Standard for Accredited Investors3235-AK90
    Start Printed Page 8083

    Division of Corporation Finance—Completed Actions

    Sequence No.TitleRegulation Identifier No.
    599Voluntary Filers3235-AK59
    600Risk Disclosures3235-AK58

    Division of Investment Management—Final Rule Stage

    Sequence No.TitleRegulation Identifier No.
    601References to Credit Ratings in Certain Investment Company Act Rules and Forms3235-AL02

    Division of Investment Management—Completed Actions

    Sequence No.TitleRegulation Identifier No.
    602Rules Implementing Amendments to the Investment Advisers Act3235-AK82
    603Family Offices3235-AK66

    Division of Trading and Markets—Proposed Rule Stage

    Sequence No.TitleRegulation Identifier No.
    604Publication or Submission of Quotations Without Specified Information3235-AH40

    Division of Trading and Markets—Final Rule Stage

    Sequence No.TitleRegulation Identifier No.
    605Broker-Dealer Reports3235-AK56
    606Transitional Registration as a Municipal Advisor3235-AK69
    607Consolidated Audit Trail3235-AK51
    608Removal of Certain References to Credit Ratings Under the Securities Exchange Act of 19343235-AL14
    609Rules for Nationally Recognized Statistical Rating Organizations3235-AL15

    Division of Trading and Markets—Completed Actions

    Sequence No.TitleRegulation Identifier No.
    610Confirmation of Transactions in Open-End Management Investment Company Shares, Unit Investment Trust Interests, and Municipal Fund Securities Used for Education Savings3235-AJ11
    611Point-of-Sale Disclosure of Purchases in Open-End Management Investment Company Shares, Unit Investment Trust Interests, and Municipal Fund Securities Used for Education Savings3235-AJ12
    612Rule 15c-100: Schedule 15C3235-AJ13
    613Rule 15c-101: Schedule 15D3235-AJ14
    614Processing of Reorganization Events, Tender Offers, and Exchange Offers3235-AH53
    615Proposed Rules for Nationally Recognized Statistical Rating Organizations3235-AK14

    SECURITIES AND EXCHANGE COMMISSION (SEC)

    Division of Corporation Finance

    Proposed Rule Stage

    591. Proxy Solicitation Enhancements

    Legal Authority: 15 U.S.C. 78n

    Abstract: The Commission adopted amendments in December 2009 to enhance proxy disclosures. In the proposing release for those rules, the Commission also proposed further amendments to its proxy rules to clarify the manner in which they operate and address issues that have arisen in the proxy solicitation process. The Division is considering recommending that the Commission repropose amendments in this area.

    Timetable:

    ActionDateFR Cite
    NPRM07/17/0974 FR 35076
    NPRM Comment Period End09/15/09
    Final Rule12/23/0974 FR 68334
    Final Rule Effective02/28/10
    Second NPRM06/00/12

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Mark W. Green, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC Start Printed Page 808420549-0301, Phone: 202 551-3440, Email: greenm@sec.gov.

    RIN: 3235-AK28

    SECURITIES AND EXCHANGE COMMISSION (SEC)

    Division of Corporation Finance

    Final Rule Stage

    592. Disqualification of Felons and Other “Bad Actors” From Rule 506 Offerings

    Legal Authority: 15 U.S.C. 77c(a); 15 U.S.C. 77d; 15 U.S.C. 77s; 15 U.S.C. 77z-3

    Abstract: The Commission proposed rules to disqualify securities offerings involving certain “bad actors” from eligibility for the exemptions under Rule 506 of Regulation D, in accordance with section 926 of the Dodd-Frank Act.

    Timetable:

    ActionDateFR Cite
    NPRM06/01/1176 FR 31518
    NPRM Comment Period End07/14/11
    Final Action12/00/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Johanna Vega Losert, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-3460, Email: losertj@sec.gov.

    RIN: 3235-AK97

    593. Short-Term Borrowings

    Legal Authority: 15 U.S.C. 77a et seq.; 15 U.S.C. 78a et seq.

    Abstract: The Commission proposed revisions to rules to enhance the disclosure that registrants provide about short-term borrowings.

    Timetable:

    ActionDateFR Cite
    NPRM09/28/1075 FR 59866
    NPRM Comment Period End11/29/10
    Final Action12/00/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Christina Padden, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-3435, Email: paddenc@sec.gov.

    RIN: 3235-AK72

    594. Conflict Minerals

    Legal Authority: 15 U.S.C. 77g; 15 U.S.C. 77j; 15 U.S.C. 77s; 15 U.S.C. 78l; 15 U.S.C. 78m; 15 U.S.C. 78o; 15 U.S.C. 78w; Pub. L. 111-203 sec 1502

    Abstract: The Commission proposed amendments to forms and rules to implement the requirements of section 1502 of the Dodd-Frank Act. The proposed amendments would require any reporting issuer for which conflict minerals are necessary to the functionality or production of a product manufactured or contracted to be manufactured by that issuer to disclose in its annual report whether its conflict minerals originated in the Democratic Republic of the Congo or an adjoining country. If so, the issuer would be required to furnish a separate report which is audited by an independent private sector auditor, as an exhibit to the annual report that includes, among other matters, a description of the measures taken by the issuer to exercise due diligence on the source and chain of custody of its conflict minerals.

    Timetable:

    ActionDateFR Cite
    NPRM12/23/1075 FR 80948
    NPRM Comment Period End01/31/11
    NPRM Comment Period Extended02/03/1176 FR 6110
    NPRM Comment Period Extended End03/02/11
    Final Action12/00/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: John Fieldsend, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-3430, Email: fieldsendj@sec.gov.

    RIN: 3235-AK84

    595. Disclosure of Payments by Resource Extraction Issuers

    Legal Authority: 15 U.S.C. 78q; Pub. L. 203-111 sec 1504

    Abstract: The Commission proposed rules pursuant to section1504 of the Dodd-Frank Act, which added section 13(q) to the Exchange Act. Section 13(q) requires the Commission to adopt rules requiring resource extraction issuers to disclose in their annual reports filed with the Commission payments made to foreign governments or the U.S. federal government for the purpose of the commercial development of oil, natural gas, or minerals.

    Timetable:

    ActionDateFR Cite
    NPRM12/23/1075 FR 80978
    NPRM Comment Period End01/31/11
    NPRM Comment Period Extended02/03/1176 FR 6111
    NPRM Comment Period Extended End03/02/11
    Final Action12/00/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Elliot Staffin, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-3243, Email: staffine@sec.gov.

    RIN: 3235-AK85

    596. Listing Standards for Compensation Committees

    Legal Authority: Pub. L. 111-203 sec 952; 15 U.S.C. 78j-3

    Abstract: The Commission proposed a new rule and rule amendments to implement the provisions of section 952 of the Dodd-Frank Act, which adds section 10C to the Exchange Act. Section 10C requires the Commission to adopt rules directing the national securities exchanges and national securities associations to prohibit the listing of any equity security of an issuer that is not in compliance with section 10C's compensation committee and compensation adviser requirements. In accordance with the statute, the proposed rule would direct the exchanges to establish listing standards that, among other things, require each member of a listed issuer's compensation committee to be a member of the board of directors and to be “independent,” as defined in the listing standards of the exchanges adopted in accordance with the proposed rule. In addition, section 10C(c)(2) of the Exchange Act requires the Commission to adopt new disclosure rules concerning the use of compensation consultants and any related conflicts of interest.

    Timetable:

    ActionDateFR Cite
    NPRM04/06/1176 FR 18966
    NPRM Comment Period End04/29/11
    Final Action12/00/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Sean Harrison, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC Start Printed Page 808520549, Phone: 202 551-3430, Email: harrisons@sec.gov.

    RIN: 3235-AK95

    597. • Exemptions for Security-Based Swaps

    Legal Authority: 15 U.S.C. 77s; 15 U.S.C. 77aa; 15 U.S.C. 78l(h); 15 U.S.C. 78w(a); 15 U.S.C. 78mm; 15 U.S.C. 78ddd(d)

    Abstract: The Commission adopted interim final rules, providing exemptions under the Securities Act, Exchange Act, and Trust Indenture Act for those security-based swaps that under current law are security-based swap agreements and will be defined as “securities” under the Securities Act and the Exchange Act as of July 16, 2011, due solely to the provisions of title VII of the Dodd-Frank Act.

    Timetable:

    ActionDateFR Cite
    Interim Final Rule07/11/1176 FR 40605
    Interim Final Rule Effective07/11/11
    Interim Final Rule Comment Period End08/15/11
    Final Action12/00/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Amy Starr, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-3860.

    RIN: 3235-AL17

    598. Net Worth Standard for Accredited Investors

    Legal Authority: Pub. L. 111-203 sec 413(a); 15 U.S.C. 77c(b); 15 U.S.C. 77d(2)

    Abstract: The Commission proposed amendments to the accredited investor standards in its rules under the Securities Act to reflect the requirements of section 413(a) of the Dodd-Frank Act. Section 413(a) requires the definitions of “accredited investor” in Securities Act rules to exclude the value of a person's primary residence for purposes of determining whether the person qualifies as an “accredited investor” on the basis of having a net worth in excess of $1 million. The Commission also proposed technical amendments to Form D and a number of its rules to conform them to the language of section 413(a) and to correct cross-references to former section 4(6) of the Securities Act, which was renumbered section 4(5) by section 944 of the Dodd-Frank Act.

    Timetable:

    ActionDateFR Cite
    NPRM01/31/1176 FR 5307
    NPRM Comment Period End03/11/11
    Final Action12/00/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Anthony G. Barone, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-3460.

    RIN: 3235-AK90

    SECURITIES AND EXCHANGE COMMISSION (SEC)

    Division of Corporation Finance

    Completed Actions

    599. Voluntary Filers

    Legal Authority: Not Yet Determined

    Abstract: The Commission is withdrawing this item from the Unified Agenda because it does not expect to consider this item within the next 12 months, but the Commission may consider the item at a future date.

    Timetable:

    ActionDateFR Cite
    Withdrawn10/01/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Sean Harrison, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-3430.

    RIN: 3235-AK59

    600. Risk Disclosures

    Legal Authority: Not Yet Determined

    Abstract: The Commission is withdrawing this item from the Unified Agenda because it does not expect to consider this item within the next 12 months, but the Commission may consider the item at a future date.

    Timetable:

    ActionDateFR Cite
    Withdrawn10/01/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Jennifer Zepralka, Division of Corporation Finance, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-3430.

    RIN: 3235-AK58

    SECURITIES AND EXCHANGE COMMISSION (SEC)

    Division of Investment Management

    Final Rule Stage

    601. References to Credit Ratings in Certain Investment Company Act Rules and Forms

    Legal Authority: 15 U.S.C. 80a-6(c); 15 U.S.C. 80a-8; 15 U.S.C. 80a-14(a); 15 U.S.C. 80a-29; 15 U.S.C. 80a-30(a); 15 U.S.C. 80a-37; 15 U.S.C. 77e; 15 U.S.C. 77f; 15 U.S.C. 77g; 15 U.S.C. 77j; 15 U.S.C. 77s(a); Pub. L. 111-203 sec 939; Pub. L. 111-203 sec 939A

    Abstract: The Commission proposed (i) to amend two rules (Rules 2a-7 and 5b-3) and four forms (Forms N-1A, N-2, N-3, and N-MFP) under the Investment Company Act that reference credit ratings and (ii) a new rule under that Act that would set forth a credit quality standard in place of a credit rating removed by the Dodd-Frank Act from section 6(a)(5)(A)(iv)(1)of that Act. These proposals would give effect to provisions of the Dodd-Frank Act that require removing credit ratings references from certain Commission regulations and adopting credit quality standards to replace such references in the rules as well as to replace a statutory credit rating reference eliminated by the Dodd-Frank Act.

    Timetable:

    ActionDateFR Cite
    NPRM03/09/1176 FR 12896
    NPRM Comment Period End04/25/11
    Final Action12/00/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Anu Dubey, Division of Investment Management, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549

    Phone: 202 551-6792

    RIN: 3235-AL02

    SECURITIES AND EXCHANGE COMMISSION (SEC)

    Division of Investment Management

    Completed Actions

    602. Rules Implementing Amendments to the Investment Advisers Act

    Legal Authority: 15 U.S.C. 80b-3(c)(1); 15 U.S.C. 80b-3A(a)(2)(B)(ii); 15 U.S.C. 80b-3A(C); 15 U.S.C. 80b-4; 15 U.S.C. 80b-6(4); 15 U.S.C. 80b-6A; 15 USAC 77s(a); 15 U.S.C. 77sss(a); 15 U.S.C. 78a-37(a); 15 U.S.C. 78w(a); 15 U.S.C. 78bb(e)(2); Pub. L. 111-203 sec 404; Start Printed Page 8086Pub. L. 111-203 sec 406 to 408; Pub. L. 111-203 sec 410

    Abstract: The Commission adopted new rules and amendments to existing rules and forms under the Advisers Act to implement provisions of the Dodd-Frank Act that eliminate the “private adviser” exemption, extend the Commission's authority to require reporting by certain investment advisers that are exempt from registration, and reallocate regulatory responsibilities for certain investment advisers to the states. The Commission also adopted amendments to the registration form (Form ADV) for investment advisers to obtain additional information that will enhance the Commission's risk-assessment capabilities. Finally, the Commission adopted amendments to its pay to play rule and other rules to address a number of other changes to the Investment Advisers Act made by the Dodd-Frank Act.

    Timetable:

    ActionDateFR Cite
    NPRM12/10/1075 FR 77052
    NPRM Comment Period End01/24/11
    Final Action07/19/1176 FR 42950
    Final Action Effective09/19/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Jennifer Porter, Division of Investment Management, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-6739, Email: porterj@sec.gov.

    RIN: 3235-AK82

    603. Family Offices

    Legal Authority: 15 U.S.C. 80b-2(a)(11)(G)

    Abstract: The Commission adopted a rule, consistent with section 409 of the Dodd-Frank Act, regarding family offices.

    Timetable:

    ActionDateFR Cite
    NPRM10/18/1075 FR 63753
    NPRM Comment Period End11/18/10
    Final Action06/29/1176 FR 37983
    Final Action Effective08/29/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Sarah ten Siethoff, Division of Investment Management, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-6729, Email: tensiethoffs@sec.gov.

    RIN: 3235-AK66

    SECURITIES AND EXCHANGE COMMISSION (SEC)

    Division of Trading and Markets

    Proposed Rule Stage

    604. Publication or Submission of Quotations Without Specified Information

    Legal Authority: 15 U.S.C. 78c; 15 U.S.C. 78j(b); 15 U.S.C. 78o(c); 15 U.S.C. 78o(g); 15 U.S.C. 78q(a); 15 U.S.C. 78w(a)

    Abstract: As part of its efforts to respond to fraud and manipulation in the microcap securities market, the Commission proposed amendments to Rule 15c2-11. These amendments would limit the rule's piggyback provision and increase public availability of issuer information. The amendments would expand the information review requirements for non-reporting issuers and the documentation required for significant relationships between the broker-dealer and the issuer of the security to be quoted. Finally, the amendments would exclude from the rule securities of larger, more liquid issuers.

    Timetable:

    ActionDateFR Cite
    NPRM02/25/9863 FR 9661
    NPRM Comment Period End04/27/98
    Second NPRM03/08/9964 FR 11124
    Second NPRM Comment Period End04/07/99
    Second NPRM Comment Period Extended04/14/9964 FR 18393
    Comment Period End05/08/99
    Third NPRM09/00/12

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Barry O'Connell, Securities and Exchange Commission, Division of Trading and Markets, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5787.

    RIN: 3235-AH40

    SECURITIES AND EXCHANGE COMMISSION (SEC)

    Division of Trading and Markets

    Final Rule Stage

    605. Broker-Dealer Reports

    Legal Authority: 15 U.S.C. 78q

    Abstract: The Commission proposed amendments to Rule 17a-5 dealing with, among other things, broker-dealer custody of assets.

    Timetable:

    ActionDateFR Cite
    NPRM06/27/1176 FR 37572
    NPRM Comment Period End08/26/11
    Final Action12/00/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Mark Attar, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5889, Email: attarm@sec.gov.

    RIN: 3235-AK56

    606. Transitional Registration as a Municipal Advisor

    Legal Authority: Pub. L. 111-203, sec 975

    Abstract: The Commission adopted an interim final temporary rule to require all municipal advisors to register with it by October 1, 2010, consistent with the Dodd-Frank Act. The rule is effective through December 31, 2011.

    Timetable:

    ActionDateFR Cite
    Interim Final Rule09/08/1075 FR 54465
    Interim Final Rule Effective10/01/10
    Interim Final Rule Comment Period End10/08/10
    Interim Final Rule Effective Through12/31/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Ira Brandriss, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5681, Email: brandrissi@sec.gov.

    RIN: 3235-AK69

    607. Consolidated Audit Trail

    Legal Authority: 15 U.S.C. 78k-1(a); 15 U.S.C. 78q(a)

    Abstract: The Commission proposed a rule that would require national securities exchanges and national securities associations to act jointly in developing a national market system (NMS) plan to develop, implement, and maintain a consolidated order tracking system, or consolidated audit trail, with respect to the trading of NMS securities.

    Timetable: Start Printed Page 8087

    ActionDateFR Cite
    NPRM06/08/1075 FR 32556
    NPRM Comment Period End08/09/10
    Final Action12/00/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Jennifer L. Colihan, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5642, Email: colihanj@sec.gov.

    RIN: 3235-AK51

    608. • Removal of Certain References to Credit Ratings Under the Securities Exchange Act of 1934

    Legal Authority: Pub. L. 111-203 sec 939A

    Abstract: Section 939A of the Dodd-Frank Act requires the Commission to remove any references to credit ratings from its regulations and to substitute such standards of creditworthiness as the Commission determines to be appropriate. The Commission proposed to amend certain rules and one form under the Securities Exchange Act of 1934 (the Exchange Act) applicable to broker-dealer financial responsibility, distributions of securities, and confirmations of transactions. The Commission also requested comment on potential standards of creditworthiness for purposes of Exchange Act sections 3(a)(41) and 3(a)(53), which define the terms “mortgage related security” and “small business related security,” respectively, as the Commission considers how to implement section 939(e) of the Dodd-Frank Act.

    Timetable:

    ActionDateFR Cite
    NPRM05/06/1176 FR 26550
    NPRM Comment Period End07/05/11
    Final Action09/00/12

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Leigh Bothe, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5511, Email: bothel@sec.gov.

    RIN: 3235-AL14

    609. • Rules for Nationally Recognized Statistical Rating Organizations

    Legal Authority: 15 U.S.C. 78o-7; 15 U.S.C. 78q; 15 U.S.C. 78mm; Pub. L. 111-203 sections 936, 938, and 943

    Abstract: The Commission proposed rules and rule amendments to implement certain provisions of the Dodd-Frank Act concerning nationally recognized statistical rating organizations, providers of third-party due diligence services for asset-backed securities, and issuers and underwriters of asset-backed securities.

    Timetable:

    ActionDateFR Cite
    NPRM06/08/1176 FR 33420
    NPRM Comment Period End08/08/11
    Final Action12/00/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Timothy Fox, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5687, Email: foxt@sec.gov.

    RIN: 3235-AL15

    SECURITIES AND EXCHANGE COMMISSION (SEC)

    Division of Trading and Markets

    Completed Actions

    610. Confirmation of Transactions in Open-End Management Investment Company Shares, Unit Investment Trust Interests, and Municipal Fund Securities Used for Education Savings

    Legal Authority: 15 U.S.C. 78j; 15 U.S.C. 78k; 15 U.S.C. 78o; 15 U.S.C. 78q; 15 U.S.C. 78w(a); 15 U.S.C. 78mm

    Abstract: The Commission is withdrawing this item from the Unified Agenda because it does not expect to consider this item within the next 12 months, but the Commission may consider the item at a future date.

    Timetable:

    ActionDateFR Cite
    NPRM02/10/0469 FR 6438
    NPRM Comment Period End04/12/04
    NPRM Comment Period Extended03/04/0570 FR 10521
    NPRM Comment Period End04/04/05
    Withdrawn10/01/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Alicia Goldin, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5618, Fax: 202 772-9270, Email: goldina@sec.gov.

    RIN: 3235-AJ11

    611. Point-of-Sale Disclosure of Purchases in Open-End Management Investment Company Shares, Unit Investment Trust Interests, and Municipal Fund Securities Used for Education Savings

    Legal Authority: 15 U.S.C. 78j; 15 U.S.C. 78k; 15 U.S.C. 78o; 15 U.S.C. 78q; 15 U.S.C. 78w(a); 15 U.S.C. 78mm

    Abstract: The Commission is withdrawing this item from the Unified Agenda because it does not expect to consider this item within the next 12 months, but the Commission may consider the item at a future date.

    Timetable:

    ActionDateFR Cite
    NPRM02/10/0469 FR 6438
    NPRM Comment Period End04/12/04
    NPRM Comment Period Extended03/04/0570 FR 10521
    NPRM Comment Period End04/04/05
    Withdrawn10/01/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Alicia Goldin, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5618, Fax: 202 772-9270, Email: goldina@sec.gov.

    RIN: 3235-AJ12

    612. Rule 15C-100: Schedule 15C

    Legal Authority: 15 U.S.C. 78j; 15 U.S.C. 78k; 15 U.S.C. 78o; 15 U.S.C. 78q; 15 U.S.C. 78w(a); 15 U.S.C. 78mm

    Abstract: The Commission is withdrawing this item from the Unified Agenda because it does not expect to consider this item within the next 12 months, but the Commission may consider the item at a future date.

    Timetable:

    ActionDateFR Cite
    NPRM02/10/0469 FR 6438
    NPRM Comment Period End04/12/04
    NPRM Comment Period Extended03/04/0570 FR 10521
    NPRM Comment Period End04/04/05
    Withdrawn10/01/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Alicia Goldin, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5618, Fax: 202 772-9270, Email: goldina@sec.gov.Start Printed Page 8088

    RIN: 3235-AJ13

    613. Rule 15C-101: Schedule 15D

    Legal Authority: 15 U.S.C. 78j; 15 U.S.C. 78k; 15 U.S.C. 78o; 15 U.S.C. 78q; 15 U.S.C. 78w(a); 15 U.S.C. 78mm

    Abstract: The Commission is withdrawing this item from the Unified Agenda because it does not expect to consider this item within the next 12 months, but the Commission may consider the item at a future date.

    Timetable:

    ActionDateFR Cite
    NPRM02/10/0469 FR 6438
    NPRM Comment Period End04/12/04
    NPRM Comment Period Extended03/04/0570 FR 10521
    NPRM Comment Period End04/04/05
    Withdrawn10/01/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Alicia Goldin, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5618, Fax: 202 772-9270, Email: goldina@sec.gov.

    RIN: 3235-AJ14

    614. Processing of Reorganization Events, Tender Offers, and Exchange Offers

    Legal Authority: 15 U.S.C. 78b; 15 U.S.C. 78k-1(a)(1)(B); 15 U.S.C. 78n(d)(4); 15 U.S.C. 78o(c)(3); 15 U.S.C. 78o(c)(6); 15 U.S.C. 78q-1(a); 15 U.S.C. 78q-1(d)(1); 15 U.S.C. 78w(a)

    Abstract: The Commission is withdrawing this item from the Unified Agenda because it does not expect to consider this item within the next 12 months, but the Commission may consider the item at a future date.

    Timetable:

    ActionDateFR Cite
    NPRM09/04/9863 FR 47209
    NPRM Comment Period End11/03/98
    Withdrawn10/01/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Jerry Carpenter, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5710, Fax: 202 772-9270, Email: carpenterj@sec.gov.

    RIN: 3235-AH53

    615. Proposed Rules for Nationally Recognized Statistical Rating Organizations

    Legal Authority: 15 U.S.C. 78o-7; 15 U.S.C. 89q

    Abstract: The Commission proposed rule amendments and a new rule that would require nationally recognized statistical rating organizations (NRSROs) to furnish a new annual report by the firm's designated compliance officers, to disclose additional information about firm sources of revenue, and to make publicly available a consolidated report about revenues attributable to persons paying the NRSRO for the issuance or maintenance of a credit rating.

    The Commission is withdrawing this item from the Unified Agenda because it does not expect to consider this item within the next 12 months, but the Commission may consider the item at a future date, pending the outcome of additional NRSRO rules proposed in May 2011 (RIN 3235-AL15) to implement certain provisions of the Dodd-Frank Act.

    Timetable:

    ActionDateFR Cite
    NPRM06/25/0873 FR 36212
    NPRM Comment Period End07/25/08
    Final Rule02/09/0974 FR 6465
    Second NPRM02/09/0974 FR 6485
    Second NPRM Comment Period End03/26/09
    Final Rule12/04/0974 FR 63832
    Final Rule Effective02/01/10
    Third NPRM12/04/0974 FR 63866
    Third NPRM Comment Period End02/02/10
    Withdrawn10/01/11

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Sheila Swartzs, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, Phone: 202 551-5545, Fax: 202 772-9273, Email: swartzs@sec.gov.

    RIN: 3235-AK14

    End Supplemental Information

    [FR Doc. 2012-1669 Filed 2-10-12; 8:45 am]

    BILLING CODE 8011-01-P

Document Information

Published:
02/13/2012
Department:
Securities and Exchange Commission
Entry Type:
Proposed Rule
Action:
Semiannual regulatory agenda.
Document Number:
2012-1669
Dates:
Comments should be received on or before December 30, 2011.
Pages:
8081-8088 (8 pages)
Docket Numbers:
Release Nos. 33-9260, 34-65350, IA-3280, IC-29792, File No. S7-37-11
PDF File:
2012-1669.pdf
CFR: (1)
17 CFR None