20506 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 

1 15 U.S.C. 78s(b)(1). 

2See Section 3(a)(26) of the Exchange Act, 15 

U.S.C. 78c(a)(26) (defining the term ‘‘self-regulatory 

organization’’ to mean any national securities 

exchange, registered securities association, 

registered clearing agency, and, for purposes of 

Section 19(b) and other limited purposes, the 

Municipal Securities Rulemaking Board). 

3Section 19(b)(1) of the Exchange Act defines a 

‘‘proposed rule change’’ as ‘‘any proposed rule, or 

any proposed change in, addition to, or deletion 

from the rules of’’ an SRO. 15 U.S.C. 78s(b)(1). 

Section 3(a)(27) of the Exchange Act defines ‘‘rules’’ 

to include ‘‘the constitution, articles of 

incorporation, bylaws, and rules, or instruments 

corresponding to the foregoing * * * and such of 

the stated policies, practices, and interpretations of 

such exchange, association, or clearing agency as 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–2768; fax (425) 

227–1149. Information may be e-mailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

Related Information 

(l) Refer to MCAI Brazilian Airworthiness 

Directives 2010–06–04 and 2010–06–05, both 

dated July 26, 2010, and the service 

information identified in table 1 of this AD, 

for related information. 

TABLE 1—RELATED SERVICE INFORMATION

EMBRAER Service Bulletin Revision Date 

170-24-0048 ................................................................................................................. 01 .............................................................. May 12, 2010. 

190–24–0019 ............................................................................................................... 01 .............................................................. May 11, 2010. 

190LIN–24–0006 .......................................................................................................... Original ..................................................... July 27, 2010. 

Material Incorporated by Reference 

(m) You must use the applicable service 

information contained in Table 2 of this AD 

to do the actions required by this AD, unless 

the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone: 

+55 12 3927–5852 or +55 12 3309–0732; fax: 

+55 12 3927–7546; e-mail: 

distrib@embraer.com.br; Internet: http:// 

www.flyembraer.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html. 

TABLE 2—MATERIAL INCORPORATED BY REFERENCE

EMBRAER Service Bulletin Revision Date 

170–24–0048 ............................................................................................................... 01 .............................................................. May 12, 2010. 

190–24–0019 ............................................................................................................... 01 .............................................................. May 11, 2010. 

190LIN–24–0006 .......................................................................................................... Original ..................................................... July 27, 2010. 

Issued in Renton, Washington, on March 

24, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–8411 Filed 4–12–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 240 

[Release No. 34–64251] 

Technical Amendment to Rule 19b–4: 

Filings With Respect to Proposed Rule 

Changes by Self-Regulatory 

Organizations 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

amending Rule 19b–4(a) under the 

Securities Exchange Act of 1934 (the 

‘‘Exchange Act’’) so that references to 

‘‘business day’’ in Section 19(b) of the 

Exchange Act and Rule 19b–4 

thereunder refer to a day other than a 

Saturday, Sunday, Federal holiday, a 

day that the U.S. Office of Personnel 

Management (‘‘OPM’’) has announced 

that Federal agencies in the Washington, 

DC area are closed to the public, a day 

on which the Commission is subject to 

a Federal government shutdown in the 

event of a lapse in appropriations, or a 

day on which the Commission’s 

Washington, DC office is otherwise not 

open for regular business. 

DATES: Effective Date: April 13, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Richard Holley III, Assistant Director, at 

(202) 551–5614, Division of Trading and 

Markets, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–7010. 

SUPPLEMENTARY INFORMATION: 

I. Filing of SRO Proposed Rule Changes 

A. Background 

Section 19(b)(1) of the Exchange Act 1

requires self-regulatory organizations 

(‘‘SROs’’), including national securities 

exchanges, registered securities 

associations, registered clearing 

agencies, and the Municipal Securities 

Rulemaking Board,2 to file with the 

Commission any proposed rule change,3


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 20507 

the Commission, by rule, may determine to be 

necessary or appropriate in the public interest or for 

the protection of investors to be deemed to be rules 

of such exchange, association, or clearing agency.’’ 

15 U.S.C. 78c(a)(27). Rule 19b–4(b) under the 

Exchange Act defines ‘‘stated policy, practice, or 

interpretation’’ to mean, in part, ‘‘[a]ny material 

aspect of the operation of the facilities of the selfregulatory organization’’ or ‘‘[a]ny statement made 

generally available’’ that ‘‘establishes or changes any 

standard, limit, or guideline’’ with respect to the 

‘‘rights, obligations, or privileges’’ of persons or the 

‘‘meaning, administration, or enforcement of an 

existing rule.’’ 17 CFR 240.19b–4(b). 

4 17 CFR 249.819. 

5See 15 U.S.C. 78s(b)(1). The SRO is required to 

prepare the notice of its proposed rule change on 

Exhibit 1 of Form 19b–4 that the Commission then 

publishes in the Federal Register. 

6See 15 U.S.C. 78s(b)(2). However, as provided in 

Section 19(b)(2)(D) of the Exchange Act, 15 U.S.C. 

78s(b)(2)(D), a proposed rule change may be 

‘‘deemed to have been approved by the 

Commission’’ if the Commission fails to take action 

on a proposal that is subject to Commission 

approval within the statutory time frames specified 

in Section 19(b)(2). 

7 15 U.S.C. 78s(b)(3)(A). 

8See 17 CFR 200.30–3 (Delegation of authority to 

Director of the Division of Trading and Markets). 

9 15 U.S.C. 78s(b)(10)(B). This period may be 

extended to 21 calendar days if, not later than 7 

business days after the date of receipt by the 

Commission, the Commission notifies the SRO that 

it needs additional time due to the Commission’s 

determination that the proposed rule change is 

unusually lengthy, complex, or raises novel 

regulatory issues. If it is not rejected, Section 

19(b)(10)(A) of the Exchange Act provides that the 

date of filing of a proposed rule change is the ‘‘date 

on which the Commission receives the proposed 

rule change.’’ 15 U.S.C. 78s(b)(10)(A). 

10See 17 CFR 240.19b–4(l) and (m), respectively. 

An SRO is required to post and maintain a complete 

version of its rules on its Web site. See 17 CFR 

240.19b–4(m)(1). 

11 17 CFR 240.19b–4(k). 

12See id. 

13See Rule 104 of the Commission’s Rules of 

Practice, 17 CFR 201.104 (Business Hours). 

14These days differ from days when OPM 

disseminates an ‘‘OPEN’’ status, regardless of 

whether unscheduled leave or telework options are 

available or whether delayed arrival or early 

departure is in effect. See OPM’s Washington, DC, 

Area Dismissal and Closure Procedures, available 

at: http://www.opm.gov/oca/compmemo/ 

dismissal.pdf. 

which must be submitted on Form 19b– 

4 4 in accordance with the General 

Instructions thereto. Once a proposed 

rule change has been filed, the 

Commission is required to publish it in 

the Federal Register to provide an 

opportunity for public comment.5 A 

proposed rule change generally may not 

take effect unless it is either approved 

by the Commission pursuant to Section 

19(b)(2) of the Exchange Act 6 or is 

designated by the SRO to become 

effective upon filing pursuant to Section 

19(b)(3)(A) of the Exchange Act.7 The 

Commission’s Division of Trading and 

Markets, on behalf of the Commission, 

is responsible for the day-to-day review 

of SRO proposed rule changes.8

There may be days, in addition to 

Saturday, Sunday and Federal holidays, 

on which the Commission’s 

Washington, DC offices are not open for 

regular business. For example, a lapse in 

appropriations or an announcement by 

OPM that Federal agencies are closed 

for business may cause the 

Commission’s Washington DC offices to 

not be open for regular business. To 

make clear that ‘‘business day’’ does not 

include those days, the Commission is 

hereby adopting a technical amendment 

to Rule 19b–4 to state what constitute 

‘‘business days’’ for purposes of Section 

19(b) under the Exchange Act and Rule 

19b–4 concerning SRO proposed rule 

changes. 

B. References to ‘‘Business Days’’ in 

Section 19 and Rule 19b–4 

Section 19(b) of the Exchange Act 

provides the time frames within which 

the Commission must act in connection 

with reviewing and processing SRO 

proposed rule changes. Some time 

frames are tied to calendar days; others 

are tied to business days. 

In particular, Section 19(b)(10)(B) of 

the Exchange Act provides that the 

Commission may, within seven business 

days after receipt of a filing, reject as 

improperly filed a filing that does not 

comply with the rules of the 

Commission relating to the required 

form of a proposed rule change.9 That 

provision currently is the only reference 

to ‘‘business day’’ contained in Section 

19. 

References to ‘‘business days’’ are also 

found in Rule 19b–4 under the 

Exchange Act. For example, 

subparagraph (l) provides a two 

business day deadline by which an SRO 

must post a proposed rule change on its 

Web site after filing it with the 

Commission, and subparagraph (m) 

provides a two business day deadline by 

which an SRO must update its Web site 

to reflect changes to the text of its 

rules.10

Other references to business days, 

including in paragraphs (f)(6) and (k) of 

Rule 19b–4, refer to the filing by the 

SRO of materials with the Commission, 

which the Commission must then 

review in the normal course of its 

oversight of the SRO rule change 

process. Specifically, Rule 19b–4(f)(6) 

allows an SRO to designate certain 

proposed rule changes as effective upon 

filing if, among other things, the SRO 

provides written notice of its intent to 

file, along with a brief description and 

proposed rule text (a ‘‘prefiling’’), to the 

Commission at least five business days 

prior to filing. In addition, Rule 19b– 

4(k) specifies when a proposed rule 

change is received by the Commission 

and provides that if the conditions of 

Rule 19b–4 and Form 19b–4 are 

satisfied, a proposed rule change will be 

received by and accepted as filed on a 

business day if it is filed on or before 

5:30 p.m. (Eastern time).11 Any filing 

submitted after 5:30 p.m. on a business 

day will be accepted by the Commission 

but will have as its date of filing the 

next business day.12 Rule 19b–4 does 

not, however, define what constitutes a 

‘‘business day.’’ 

While the Commission’s Washington 

DC headquarters is routinely closed for 

business on weekends (Saturdays and 

Sundays) and designated Federal 

holidays,13 the Commission’s 

Washington DC headquarters also may 

be closed for other reasons. For 

example, Federal agencies may be 

closed in various situations, including, 

but not limited to, adverse weather, the 

observance of special events in the 

District of Columbia (including, but not 

limited to, presidential inaugurations or 

funeral observances), or any other 

conditions or events that cause Federal 

agencies to not open for regular 

business. These types of closings may be 

non-agency specific and would 

generally affect most Federal agencies in 

the Washington, DC metropolitan area. 

For these types of closings, the OPM 

disseminates the Federal government’s 

operating status for the Washington, DC 

area as ‘‘CLOSED’’ and publishes that 

operating status on its Web site at 

http://www.opm.gov.14

In addition, the Commission could be 

subject to a Federal government-wide 

shutdown in the event of a lapse in 

Congressional appropriations resulting 

in the temporary cessation of nonessential Federal government 

operations. Other circumstances may 

uniquely and specifically affect the 

Commission’s Washington, DC 

headquarters, causing the Commission 

to not be open for regular business at a 

time when other Federal agencies in the 

Washington, DC metropolitan area may 

or may not be open for regular business. 

Examples of these kinds of 

circumstances might include a 

disturbance at or problems with the 

Commission’s headquarters facilities 

that cause it to close temporarily for 

regular business.15

II. Amendment to Rule 19b–4(a) 

The Commission is adding new 

subparagraph (2) to Rule 19b–4(a) to 

specify that references to ‘‘business 

days’’ in Section 19 of the Exchange Act 

and Rule 19b–4 mean any day other 

than a Saturday, Sunday, Federal 

holiday, a day that OPM has announced 

that Federal agencies in the Washington, 


emcdonald on DSK2BSOYB1PROD with RULES
20508 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 

16The Commission is also redesignating 

paragraph (a) of Rule 19b–4 as paragraph (a)(1). 

17See 17 CFR 240.19b–4(l) and (m), respectively. 

18See supra note 9. 

19For example, national securities exchanges are 

subject to Section 6 of the Exchange Act, 15 U.S.C. 

78f, which requires, among other things, that the 

rules of the SRO be designed to ‘‘prevent fraudulent 

and manipulative acts and practices, to promote 

just and equitable principles of trade * * * [and] 

to protect investors and the public interest’’ and that 

they not be designed to ‘‘permit unfair 

discrimination between customers, issuers, brokers, 

or dealers.’’ 15 U.S.C. 78f (b)(5). In reviewing an 

SRO’s proposed rule change, Section 19(b)(2)(C) of 

the Exchange Act, 15 U.S.C. 78s(b)(2)(C), provides 

the standards for Commission approval of an SRO’s 

proposed rule change, which direct the Commission 

to consider whether the proposal is consistent with 

the Exchange Act and the rules and regulations 

thereunder that are applicable to the SRO. For 

immediately effective filings, the Commission is 

authorized to suspend the proposal ‘‘if it appears to 

the Commission that such action is necessary or 

appropriate in the public interest, for the protection 

of investors, or otherwise in furtherance of the 

purposes of [the Exchange Act].’’ 15 U.S.C. 

78s(b)(3)(C). Accordingly, Commission review of 

SRO proposed rule changes helps ensure that SRO 

proposed rule changes are consistent with the 

Exchange Act and the rules thereunder that are 

applicable to the SRO. 

20 5 U.S.C. 553(b). 

DC area are closed to the public, a day 

on which the Commission is subject to 

a Federal government shutdown in the 

event of a lapse in appropriations, or a 

day on which the Commission’s 

Washington, DC office is otherwise not 

open for regular business.16 The 

purpose of the amendment is to clarify 

the treatment of days where the 

Commission is not open and how such 

days impact an SRO’s proposed rule 

change submitted pursuant to Rule 

19b–4 and an SRO’s obligation to post 

on its Web site a proposed rule change 

that has been filed with the 

Commission, as well as determining the 

‘‘business days’’ upon which the five day 

prefiling and seven day rejection 

periods are measured. 

The new text in Rule 19b–4(a)(2) 

applies to several aspects of the 

Commission’s operations concerning the 

processing of SRO proposed rule change 

filings. First, pursuant to Rule 19b–4(k), 

proposed rule filings submitted 

electronically by SROs via its Electronic 

Form 19b–4 Filing System (‘‘EFFS’’) on 

a day other than a business day of the 

Commission will be accepted by the 

Commission, but will have as their date 

of filing the next business day, as 

defined. For example, if the 

Commission is subject to a Federal 

government shutdown in the event of a 

lapse in appropriations from a Monday 

through a Friday, and resumes 

operations the following Monday, an 

SRO proposed rule change that was 

submitted electronically during the 

week the Federal government was shut 

down would, for purposes of Section 

19(b) and Rule 19b–4, receive a filing 

date of the Monday the Federal 

government resumes operations. 

In the event of a day that the Office 

of Personnel Management has 

announced that Federal agencies in the 

Washington, DC area are closed to the 

public, a government shutdown in the 

event of a lapse in appropriations, or 

other circumstances that cause the 

Commission to not be open for regular 

business, the Commission would 

expect, to the extent feasible, to 

disseminate through EFFS a general 

notification viewable by all SROs 

reflecting that any proposed rule 

changes that an SRO submits through 

EFFS on such day or days will not be 

‘‘filed’’ until the Commission is open for 

regular business. 

Further, under Rule 19b–4(f)(6), an 

SRO is required to submit a prefiling at 

least five business days prior to filing a 

full 19b–4(f)(6) proposed rule change 

with the Commission. Under new 

paragraph (a)(2) to Rule 19b–4, for 

purposes of counting the five business 

day review period, any day that is not 

a business day of the Commission is not 

counted. For example, if an SRO 

submits a prefiling before 5:30 p.m. on 

Monday, February 1, and OPM 

announces that Federal agencies in the 

Washington, DC area, including the 

Commission, are closed due to 

inclement weather on Tuesday, 

February 2 and Wednesday, February 3, 

and the Commission subsequently 

reopens on Thursday, February 4, then 

February 2 and 3 would not be counted 

as ‘‘business days’’ that have elapsed for 

purposes of the five day prefiling period 

specified in Rule 19b–4(f)(6). 

Separately, for purposes of the two 

business day period within which an 

SRO must post a proposed rule change 

on its Web site after filing it with the 

Commission, or the two business day 

period within which an SRO must 

update its Web site to reflect changes to 

the text of its rules, any non-business 

day of the Commission is not counted.17

For example, if an SRO files a proposed 

rule change with the Commission on 

April 1 (a business day) on or before 

5:30 p.m., and the Commission 

subsequently is not open for regular 

business on April 2 and 3, then April 2 

and 3 would not be counted as 

‘‘business days’’ that have elapsed for 

purposes of the Web site posting 

requirement in Rule 19b–4(l). 

Finally, under Section 19(b)(10)(B) of 

the Exchange Act, the Commission 

generally has seven business days after 

the date of receipt of a filing to reject as 

improperly filed a filing that does not 

comply with the rules of the 

Commission relating to the required 

form of a proposed rule change.18 Under 

new paragraph (a)(2) to Rule 19b–4, for 

purposes of counting the seven business 

day Commission review period, any 

non-business day of the Commission is 

not counted. For example, if the 

Commission is not open for regular 

business on February 1 and 2, but the 

Commission reopens on February 3, and 

an SRO had submitted a proposed rule 

change filing on February 1, February 1 

and 2 would not be counted as 

‘‘business days’’ that have elapsed for 

purposes of the seven day period 

provided under Section 19(b)(10)(B) 

because those days would not be 

business days. 

The amendment to Rule 19b–4(a)(2) is 

limited solely to Section 19(b) under the 

Exchange Act and Rule 19b–4 

thereunder concerning SRO proposed 

rule changes. By excluding as business 

days those days on which the 

Commission is not open for regular 

business, and therefore lacks personnel 

to review proposed rule changes, the 

amendment facilitates the statutory 

purposes and statutory requirements for 

a full and adequate review. Without the 

rule change, an SRO’s proposal might go 

into effect (e.g., in the case of an 

immediately effective filing submitted 

pursuant to Section 19(b)(3)(A) of the 

Exchange Act) in the absence of 

Commission review, publication in the 

Federal Register, or an opportunity for 

public comment, all of which are 

contemplated by the Exchange Act. 

Accordingly, the amendment is 

intended to support the statutory 

framework in which the Commission 

reviews and publishes for public 

comment all SRO proposed rule changes 

to help ensure that SROs carry out the 

purposes of the Exchange Act.19

III. Certain Findings 

Under the Administrative Procedure 

Act (‘‘APA’’), notice of proposed 

rulemaking is not required when an 

agency, for good cause, finds ‘‘that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 20 The 

Commission is making a technical 

amendment to Rule 19b–4 to provide 

that references to ‘‘business days’’ in 

Section 19 of the Exchange Act and Rule 

19b–4 mean any day other than a 

Saturday, Sunday, Federal holiday, a 

day that the Office of Personnel 

Management has announced that 

Federal agencies in the Washington, DC 

area are closed to the public, a day on 

which the Commission is subject to a 

Federal government shutdown in the 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 20509 

21For similar reasons, the amendment does not 

require analysis under the Regulatory Flexibility 

Act (‘‘RFA’’) or analysis of major rule status under 

the Small Business Regulatory Enforcement 

Fairness Act. See 5 U.S.C. 601(2) (for purposes of 

RFA analysis, the term ‘‘rule’’ means any rule for 

which the agency publishes a general notice of 

proposed rulemaking); and 5 U.S.C. 804(3)(C) (for 

purposes of Congressional review of agency 

rulemaking, the term ‘‘rule’’ does not include any 

rule of agency organization, procedure or practice 

that does not substantially affect the rights or 

obligations of non-agency parties). 

22See 5 U.S.C. 553(d)(3). 

23 15 U.S.C. 78c(f). 

24 15 U.S.C. 78w(a)(2). 

event of a lapse in appropriations, or a 

day on which the Commission’s 

Washington, DC office is otherwise 

closed for regular business due to other 

circumstances. The Commission finds 

that because the amendment is technical 

in nature and pertains to the 

Commission’s organization, procedure 

or practice, publishing the amendment 

for comment is unnecessary.21

The APA also requires publication of 

a rule at least 30 days before its effective 

date unless the agency finds otherwise 

for good cause.22 For the same reasons 

described above with respect to notice 

and the opportunity for comment, the 

Commission finds good cause for this 

technical amendment to take effect 

immediately. 

IV. Consideration of Burden on 

Competition, and Promotion of 

Efficiency, Competition and Capital 

Formation 

Section 3(f) of the Exchange Act,23

provides that whenever the Commission 

is engaged in rulemaking and is 

required to consider or determine 

whether an action is necessary or 

appropriate in the public interest, the 

Commission shall consider, in addition 

to the protection of investors, whether 

the action will promote efficiency, 

competition, and capital formation. 

Section 23(a)(2) of the Exchange Act 

requires the Commission, in adopting 

rules under the Exchange Act, to 

consider the competitive effects of such 

rules, if any, and not to adopt a rule that 

would impose a burden on competition 

not necessary or appropriate in the 

furtherance of the purposes of the 

Exchange Act.24

Because the amendment to Exchange 

Act Rule 19b–4 is technical in nature, 

and does not impose any additional 

requirements beyond those already 

required, we do not anticipate that the 

amendment would have a significant 

effect on efficiency, competition, or 

capital formation, and we do not 

anticipate that any competitive 

advantages or disadvantages would be 

created. 

List of Subjects in 17 CFR Part 240 

Brokers, Confidential business 

information, Fraud, Reporting and 

recordkeeping requirements, Securities. 

Statutory Basis and Text of Rules 

The Commission is amending 17 CFR 

part 240, pursuant to authority set forth 

in the Exchange Act, including Sections 

19(b) and 23(a). 

PART 240—GENERAL RULES AND 

REGULATIONS, SECURITIES 

EXCHANGE ACT OF 1934 

■ 1. The authority citation for part 240 

continues to read in part as follows: 

Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 

77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn, 

77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, 

78j–1, 78k, 78k–1, 78l, 78m, 78n, 78n–1, 78o, 

78p, 78q, 78s, 78u–5, 78w, 78x, 78ll, 78mm, 

80a–20, 80a–23, 80a–29, 80a–37, 80b–3, 80b– 

4 and 80b–11, and 7210 et seq., 18 U.S.C. 

1350, and 12 U.S.C. 5221(e)(3), unless 

otherwise noted. 

* * * * * 

■ 2. Amend § 240.19b–4 by: 

■ a. Redesignating paragraph (a) as 

paragraph (a)(1); and 

■ b. Adding new paragraph (a)(2). 

The addition reads as follows: 

§ 240.19b–4 Filings with respect to 

proposed rule changes by self-regulatory 

organizations. 

* * * * * 

(a) * * * 

(2) For purposes of Section 19(b) of 

the Act and this rule, a ‘‘business day’’ 

is any day other than a Saturday, 

Sunday, Federal holiday, a day that the 

Office of Personnel Management has 

announced that Federal agencies in the 

Washington, DC area are closed to the 

public, a day on which the Commission 

is subject to a Federal government 

shutdown or a day on which the 

Commission’s Washington, DC office is 

otherwise not open for regular business. 

* * * * * 

Dated: April 7, 2011. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–8919 Filed 4–12–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 179 

[Docket No. FDA–1998–F–0072] (Formerly 

98F–0165) 

Irradiation in the Production, 

Processing, and Handling of Food 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; denial of requests for 

a hearing and response to objections. 

SUMMARY: The Food and Drug 

Administration (FDA) is responding to 

objections and is denying requests that 

it received for a hearing on the final rule 

that amended the food additive 

regulations to provide for the safe use of 

ionizing radiation for the reduction of 

Salmonella in fresh shell eggs. After 

reviewing objections to the final rule 

and requests for a hearing, the Agency 

has concluded that the objections do not 

raise issues of material fact that justify 

a hearing or otherwise provide a basis 

for revoking or modifying the 

amendment to the regulation. 

FOR FURTHER INFORMATION CONTACT: 

Teresa A. Croce, Center for Food Safety 

and Applied Nutrition (HFS–265), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740– 

3835, 301–436–1281. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

In the Federal Register of March 20, 

1998 (63 FR 13675), FDA published a 

notice announcing the filing of a food 

additive petition (FAP), FAP 8M4584, 

submitted by Edward S. Josephson, 

University of Rhode Island, Food 

Science and Nutrition Research Center, 

to amend the regulations in part 179, 

Irradiation in the Production, 

Processing, and Handling of Food (21 

CFR part 179), to provide for the safe 

use of ionizing radiation for the 

reduction of Salmonella in fresh shell 

eggs. In response to the petition, FDA 

issued a final rule in the Federal 

Register of July 21, 2000 (65 FR 45280), 

permitting the irradiation of fresh shell 

eggs for the reduction of Salmonella at 

doses not to exceed 3.0 kiloGray (kGy) 

(hereafter referred to as the ‘‘egg 

irradiation rule’’). FDA based its 

decision on data in the petition and in 

its files. In the preamble to the final 

rule, FDA outlined the basis for its 

decision and stated that objections to 

the final rule and requests for a hearing 

were due within 30 days of the 


emcdonald on DSK2BSOYB1PROD with RULES