[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25365-25366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11618]
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SECURITIES AND EXCHANGE COMMISSION
17 CFR Parts 200 and 201
[Release No. 34-83325]
Technical Amendments to Rules of Practice and Rules of
Organization; Conduct and Ethics; and Information and Requests
AGENCY: Securities and Exchange Commission.
ACTION: Final rule; technical amendments.
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SUMMARY: The Securities and Exchange Commission (``SEC'' or
``Commission'') is making technical amendments to certain rules of
organization and rules of practice to indicate that Commission
materials will no longer be compiled and published as the ``SEC
Docket'' (``SEC Docket'' or ``Docket''), but will continue to be
available on the SEC public website.
DATES: Effective Date: June 1, 2018.
FOR FURTHER INFORMATION CONTACT: Hannah Riedel, Senior Counsel, (202)
551-5150, Office of the General Counsel, Securities and Exchange
Commission or J. Lynn Taylor, Assistant Secretary, (202) 551-5400,
Office of the Secretary, 100 F Street NE, Washington, DC 20549-9150.
SUPPLEMENTARY INFORMATION:
I. Background
In 1972, the Commission began compiling and publishing Commission
orders and rulemaking releases in an SEC Docket for weekly
dissemination to the public. The Commission has determined that
publishing the SEC Docket is no longer a cost-efficient way to
disseminate information to the public because all materials appearing
in the SEC Docket have already been posted upon release on the SEC
public website at www.sec.gov.
In 2013, facing increases in publication costs and dwindling
subscription numbers, the Commission began publishing the Docket
electronically on the SEC website. Producing and posting the SEC Docket
electronically continues to require significant staff resources. The
Office of the Secretary estimates that approximately 600 staff hours
are expended annually to prepare the Docket. Moreover, with Docket
materials already posted elsewhere on the website several weeks before
the Docket is completed and published, the Docket generally receives
less than 0.01% of all SEC website traffic.
Accordingly, the Commission plans to immediately discontinue
publication of the SEC Docket but to continue posting these materials
on the SEC website in real time. In light of this change, the
Commission is adopting technical amendments to Title 17, Chapter II of
the Code of Federal Regulations to eliminate references to the SEC
Docket and, where appropriate, replace references to the SEC Docket
with references to the SEC website.
II. Administrative Law Matters
The Commission finds, in accordance with the Administrative
Procedure Act (``APA''), that these revisions relate solely to agency
organization, procedures, or practice and do not constitute a
substantive rule. Accordingly, the APA's provisions regarding notice of
rulemaking, opportunity for public comment, and advance publication of
the amendments are not applicable.\1\ For the same reason, and because
these amendments do not affect the rights or obligations of non-agency
parties, the provisions of the Small Business Regulatory Enforcement
Fairness Act are not applicable.\2\ Additionally, the provisions of the
Regulatory Flexibility Act, which apply only when notice and comment
are required by the APA or other law, are not applicable.\3\ These
amendments do not contain any collection of information requirements as
defined by the Paperwork Reduction Act of 1995.\4\ Further, because the
amendments impose no new burdens on private parties, the Commission
does not believe that the amendments will have any impact on
competition for purposes of Section 23(a)(2) of the Exchange Act.\5\
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\1\ 5 U.S.C. 553.
\2\ 5 U.S.C. 804(3)(C).
\3\ 5 U.S.C. 601 et seq.
\4\ 44 U.S.C. 3501 et. seq.
\5\ 15 U.S.C. 78w.
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[[Page 25366]]
III. Statutory Authority
These technical amendments are adopted pursuant to statutory
authority granted to the Commission under Section 23(a) of the Exchange
Act.
List of Subjects in 17 CFR Parts 200 and 201
Administrative practice and procedure.
Text of Amendments
For the reasons set out above, the Commission is amending Title 17,
Chapter II of the Code of Federal Regulations as follows:
PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS
Subpart D--Information and Requests
0
1. The 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, unless otherwise noted.
* * * * *
0
2. Section 200.80 is amended by revising paragraphs (a)(2) introductory
text, (c)(1)(ii), and (e)(8)(ii) to read as follows:
Sec. 200.80 Commission records and information.
(a) * * *
(2) Records available for public inspection and copying; documents
published and indexed. Except as provided in paragraph (b) of this
section, the following materials are available for public inspection
and copying from 10 a.m. to 3 p.m., E.T., at the public reference room
located at 100 F Street NE, Washington, DC.
* * * * *
(c)(1) * * *
(ii) All regional offices of the Commission have available for
public examination the materials set forth in paragraph (a)(2) of this
section and the SEC News Digest and other SEC publications. Blank forms
as well as other general information about the operations of the
Commission described in paragraph (a)(1) of this section may also be
available at particular regional offices.
* * * * *
(e) * * *
(8) * * *
(ii) The Commission publishes daily the SEC News Digest, which
summarizes the releases published by the Commission each day, contains
Commission announcements, and lists certain filings with the
Commission.
* * * * *
0
3. Section 200.80b is revised to read as follows:
Sec. 200.80b Appendix B--SEC releases.
Free mailing list distribution of releases has been discontinued by
the Commission because of rising costs and staff limitations. However,
the texts of all releases under the various Acts, the corporate
reorganization releases, and the litigation releases are available on
the SEC website. Statistical series releases are contained in the SEC
Monthly Statistical Review, which may be purchased through the
Superintendent of Documents as described in Sec. 200.80c.
PART 201--RULES OF PRACTICE
Subpart D--Rules of Practice
0
4. The authority citation for Part 201, Subpart D, continues 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.
0
5. Section 201.360 is amended by revising paragraphs (c) and (d)(2) to
read as follows:
Sec. 201.360. Initial decision of hearing officer and timing of
hearing.
* * * * *
(c) Filing, service and publication. The Secretary shall promptly
serve the initial decision upon the parties and shall promptly publish
notice of the filing thereof on the SEC website; provided, however,
that in nonpublic proceedings no notice shall be published unless the
Commission otherwise directs.
(d) * * *
(2) If a party or aggrieved person entitled to review fails to file
timely a petition for review or a motion to correct a manifest error of
fact in the initial decision, and if the Commission does not order
review of a decision on its own initiative, the Commission will issue
an order that the decision has become final as to that party. The
decision becomes final upon issuance of the order. The order of
finality shall state the date on which sanctions, if any, take effect.
Notice of the order shall be published on the SEC website.
Subpart F--Fair Fund and Disgorgement Plans
0
6. The authority citation for Part 201, Subpart F, continues to read as
follows:
Authority: 15 U.S.C. 77h-1, 77s, 77u, 78c(b), 78d-1, 78d-2,
78u-2, 78u-3, 78v, 78w, 80a-9, 80a-37, 80a-39, 80a-40, 80b-3, 80b-
11, 80b-12, and 7246.
0
7. Section 201.1103 is revised to read as follows:
Sec. 201.1103 Notice of proposed plan and opportunity for comment by
non-parties.
Notice of a proposed plan of disgorgement or a proposed Fair Fund
plan shall be published on the SEC website and in such other
publications as the Commission or the hearing officer may require. The
notice shall specify how copies of the proposed plan may be obtained
and shall state that persons desiring to comment on the proposed plan
may submit their views, in writing, to the Commission.
By the Commission.
Dated: May 24, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-11618 Filed 5-31-18; 8:45 am]
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