Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Rules and Regulations 6011 

BILLING CODE 4910–13–C 

Note 1: Eurocopter Alert Service Bulletin 

No. EC135–67A–017, dated December 13, 

2007, pertains to the subject of this AD. 

(c) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Safety 

Management Group, FAA, ATTN: Chinh 

Vuong, Rotorcraft Directorate, Fort Worth, 

Texas 76193–0111, telephone (817) 222–

5116, fax (817) 222–5961, for information 

about previously approved alternative 

methods of compliance. 

Note 2: The subject of this AD is addressed 

in European Aviation Safety Agency (EASA) 

AD No. 2007–0301–E, dated December 13, 

2007. 

(d) This amendment becomes effective on 

February 19, 2008, to all persons except those 

persons to whom it was made immediately 

effective by Emergency AD No. 2007–26–51, 

issued December 14, 2007, which contained 

the requirements of this amendment. 

Issued in Fort Worth, Texas, on January 23, 

2008. 

Scott A. Horn, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–1702 Filed 1–31–08; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 202, 230, 240, 260, and 

270 

[Release Nos. 33–8885, 34–57218, 39–2452, 

IC–28137] 

Amendment of Procedures for 

Payment of Fees 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission is amending its procedures 

for payment of fees imposed under the 

federal securities laws to update the 

procedures and reflect the designation 

of U.S. Bank, N.A. (‘‘U.S. Bank’’) as the 


pwalker on PROD1PC71 with PROPOSALSER01FE08.000</GPH>
6012 Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Rules and Regulations 

1 15 U.S.C. 77a. 

2 15 U.S.C. 78a. 

3 15 U.S.C. 77aaa. 

4 15 U.S.C. 80a. 

5See, e.g., section 6(b) of the Securities Act, 

sections 13(e), 14(g), and 31 of the Securities 

Exchange Act and section 24(f) of the Investment 

Company Act. 

6Pub. L. No. 107–123; 115 Stat. 2930 (2002). 

7 5 U.S.C. 553(b). 

8 5 U.S.C. 553(d)(3). 

9 5 U.S.C. 804. 

10 5 U.S.C. 601–12. 

11 44 U.S.C. 3501–20. 

Commission’s U.S. Treasury Department 

(‘‘Treasury’’) designated lockbox 

depository. 

DATES: Effective Date: February 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Johnson, (202) 551–4306, Chief 

Management Analyst, Office of the 

Executive Director; Stephen Jung, (202) 

551–5162, Assistant General Counsel, 

Office of the General Counsel; Michael 

Bloise, (202) 551–5116, Senior Counsel, 

Office of the General Counsel, Securities 

and Exchange Commission, 100 F 

Street, NE., Washington, DC 20549. 

SUPPLEMENTARY INFORMATION: The 

Commission is amending rule 3a [17 

CFR 202.3a] of its Informal and Other 

Procedures, rule 111 [17 CFR 230.111] 

under the Securities Act of 1933 

(‘‘Securities Act’’),1 rule 0–9 [17 CFR 

240.0–9] under the Securities Exchange 

Act of 1934 (‘‘Exchange Act’’),2 rule 7a–

10 [17 CFR 260.7a–10] under the Trust 

Indenture Act of 1939 (‘‘Trust Indenture 

Act’’),3 and rule 0–8 [17 CFR 270.0–8] 

under the Investment Company Act of 

1940 (‘‘Investment Company Act’’).4

I. Discussion 

The federal securities laws impose a 

number of fees.5 Many of these fees 

currently are transmitted to a Treasury 

designated lockbox depository. Mellon 

Bank, N.A. (‘‘Mellon’’) currently serves 

as this lockbox depository. As of 

February 4, 2008, the responsibility for 

providing lockbox depository services to 

Treasury will switch from Mellon to 

U.S. Bank. Mellon is referenced in 

payment instructions appearing in rule 

3a [17 CFR 202.3a] of the Commission’s 

Informal and Other Procedures and rule 

111 [17 CFR 230.111] under the 

Securities Act. The Commission is 

amending these rules to reflect the 

change in depository institutions. 

The Commission also is amending 

rule 111 [17 CFR 230.111] under the 

Securities Act, rule 0–9 [17 CFR 240.0–

9] under the Exchange Act, and rule 0–

8 [17 CFR 270.0–8] under the 

Investment Company Act to clarify that 

payment of fees pursuant to these rules 

may be made by wire transfer, as well 

as by certified check, bank cashier’s 

check, United States postal money 

order, or bank money order, and to 

eliminate the option of making payment 

by cash or personal check. 

In addition, the Commission is 

amending rule 3a [17 CFR 202.3a] of its 

Informal and Other Procedures, which 

governs the payment of filing fees under 

the Securities Act, Exchange Act, and 

Investment Company Act. The revised 

rule updates the instructions for 

payment of filing fees to the Treasury 

designated lockbox depository, as 

discussed above. It also eliminates 

outdated procedures for the payment of 

filing fees, such as payment by hand 

delivery, payment by mail directly to 

the Commission’s headquarters in 

Washington, DC, the use of Form ID to 

update a filer’s address, and the 

distinction between ‘‘restricted’’ and 

‘‘unrestricted’’ fees. In addition, the 

revised rule incorporates the special 

instructions for payment of filing fees 

for rule 462(b) and rule 110(d) filings 

previously included in rule 111 [17 CFR 

230.111] under the Securities Act. 

An explanatory note also is added to 

rule 3a [17 CFR 202.3a] with respect to 

filing fee accounts. A filing fee account 

is maintained for each filer who submits 

a filing requiring a fee on the 

Commission’s EDGAR system or who 

submits funds to the Treasury 

designated lockbox depository in 

anticipation of paying a filing fee. The 

note explains that, under current law, 

the deposit of money into a filing fee 

account does not constitute payment of 

a filing fee. Payment of the filing fee 

occurs at the time the filing is made, 

commensurate with the drawing down 

of the balance of the filing fee account. 

Finally, the Commission is removing 

references in its regulations to the 

payment of fees under the Trust 

Indenture Act, since fees that were 

imposed under that Act were repealed 

by the Investor and Capital Markets Fee 

Relief Act.6

II. Administrative Procedure Act and 

Other Administrative Laws 

The Commission has determined that 

these amendments to its rules relate 

solely to the agency’s organization, 

procedure, or practice. Therefore, the 

provisions of the Administrative 

Procedure Act (‘‘APA’’) regarding notice 

of proposed rulemaking and 

opportunity for public participation are 

not applicable.7 The APA also requires 

publication of a rule at least 30 days 

before its effective date unless the 

agency finds otherwise for good cause.8

Since the Commission’s Treasury 

designated lockbox depository will 

change on February 4, 2008, we find 

that immediate effectiveness of these 

amendments will clarify the obligations 

of payors and prevent the confusion that 

might otherwise occur if the 

Commission’s rules are not amended 

contemporaneously. Consequently, we 

find there is good cause for the 

amendments to take effect immediately 

upon publication in the Federal 

Register. For the same reasons, and 

because these amendments do not 

substantially affect the rights or 

obligations of non-agency parties, the 

provisions of the Small Business 

Regulatory Enforcement Fairness Act 

are not applicable.9 In addition, 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.10 Finally, 

these amendments do not contain any 

collection of information requirements 

as defined by the Paperwork Reduction 

Act of 1995, as amended.11

III. Cost-Benefit Analysis 

The Commission is sensitive to the 

costs and benefits imposed by its rules. 

The rule amendments the Commission 

is adopting today amend the 

Commission’s rules to reflect a change 

of the Commission’s Treasury 

designated lockbox depository and to 

update the procedures for payment of 

fees required under the securities laws. 

The Commission does not believe that 

the rule amendments will impose any 

costs on non-agency parties, or that if 

there are any such costs, they are 

negligible. 

IV. Consideration of Burden on 

Competition 

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

requires the Commission, in making 

rules pursuant to any provision of the 

Exchange Act, to consider among other 

matters the impact any such rule would 

have on competition. Section 2(c) of the 

Investment Company Act requires the 

Commission to give the same 

consideration in making rules under the 

Investment Company Act. The 

Commission does not believe that the 

amendments that the Commission is 

adopting today will have any impact on 

competition. 

V. Statutory Basis 

The Commission is adopting 

amendments pursuant to sections 6(b) 

and 19 of the Securities Act, sections 

13(e), 14(g), 23, and 31 of the Exchange 

Act, section 319 of the Trust Indenture 

Act, and sections 24(f) and 38 of the 

Investment Company Act. 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Rules and Regulations 6013 

VI. Text of Final Amendments 

List of Subjects 

17 CFR Part 202 

Administrative practice and 

procedure, Securities. 

17 CFR Part 230 

Reporting and recordkeeping 

requirements, Securities. 

17 CFR Part 240 

Brokers, Reporting and recordkeeping 

requirements, Securities. 

17 CFR Part 260 

Reporting and recordkeeping 

requirements, Securities, Trusts and 

Trustees. 

17 CFR Part 270 

Investment companies, Reporting and 

recordkeeping requirements, Securities. 

■ In accordance with the foregoing, 17 

CFR, Chapter II of the Code of Federal 

Regulations 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, 78ll(d), 79r, 79t, 77sss, 77uuu, 80a–37, 

80a–41, 80b–9, 80b–11, 7202 and 7211 et 

seq., unless otherwise noted. 

* * * * * 

■ 2. Section 202.3a is revised to read as 

follows: 

§ 202.3a Instructions for filing fees. 

(a) General instructions for remittance 

of filing fees. Payment of filing fees 

specified by the following sections shall 

be made according to the directions 

listed in this section: § 230.111 of this 

chapter, § 240.0–9 of this chapter, and 

§ 270.0–8 of this chapter. All such fees 

are to be paid through the U.S. Treasury 

designated lockbox depository and may 

be paid by wire transfer, certified check, 

bank cashier’s check, United States 

postal money order, or bank money 

order pursuant to the specific 

instructions set forth in paragraph (b) of 

this section. Personal checks will not be 

accepted for payment of fees. To ensure 

proper posting, all filers must include 

their Commission-assigned Central 

Index Key (CIK) number (also known as 

the Commission-assigned registrant or 

payor account number) on fee 

payments. If a third party submits a fee 

payment, the fee payment must specify 

the account number to which the fee is 

to be applied. 

(b) Instructions for payment of filing 

fees. Except as provided in paragraph (c) 

of this section, these instructions 

provide direction for remitting fees 

specified in paragraph (a) of this 

section. You may contact the Fee 

Account Services Branch in the Office 

of Financial Management at (202) 551–

8989 for additional information if you 

have questions. 

(1) Instructions for payment of fees by 

wire transfer (FEDWIRE). U.S. Bank, 

N.A. in St. Louis, Missouri is the U.S. 

Treasury designated lockbox depository 

and financial agent for Commission 

filing fee payments. The hours of 

operation at U.S. Bank are 8:30 a.m. to 

6 p.m. Eastern time for wire transfers. 

Any bank or wire transfer service may 

initiate wire transfers of filing fee 

payments through the FEDWIRE system 

to U.S. Bank. A filing entity does not 

need to establish an account at U.S. 

Bank in order to remit filing fee 

payments. 

(i) To ensure proper credit and 

prompt filing acceptance, in all wire 

transfers of filing fees to the 

Commission, you must include: 

(A) The Commission’s account 

number at U.S. Bank (152307768324); 

and 

(B) The payor’s CIK number. 

(ii) You may refer to the examples 

found on the Commission’s Web site at 

http://www.sec.gov for the proper 

format. 

(2) Instructions for payment of fees by 

check or money order. To remit a filing 

fee payment by check (certified or bank 

cashier’s check) or money order (United 

States postal or bank money order), you 

must make it payable to the Securities 

and Exchange Commission, omitting the 

name or title of any official of the 

Commission. On the front of the check 

or money order, you must include the 

Commission’s account number 

(152307768324) and CIK number of the 

account to which the fee is to be 

applied. U.S. Bank does not accept 

walk-in deliveries by individuals. You 

must mail checks or money orders to the 

following U.S. Bank addresses: 

(i) Remittances through the U.S. 

Postal Service must be sent to the 

following address:Securities and 

Exchange Commission, P.O. Box 

979081, St. Louis, MO 63197–9000. 

(ii) The following address can be used 

for remittances through other common 

carriers:U.S. Bank, Government Lockbox 

979081, 1005 Convention Plaza, SL–

MO–C2–GL, St. Louis, MO 63101. 

Note to paragraph (b). Wire transfers are 

not instantaneous. The time required to 

process a wire transfer through the FEDWIRE 

system, from origination to receipt by U.S. 

Bank, varies substantially. Specified filings, 

such as registration statements pursuant to 

section 6(b) of the Securities Act of 1933 that 

provide for the registration of securities and 

mandate the receipt of the appropriate fee 

payment upon filing, and transactional 

filings pursuant to the Securities Exchange 

Act of 1934, such as many proxy statements 

involving extraordinary business 

transactions, will not be accepted if sufficient 

funds have not been received by the 

Commission at the time of filing. You should 

obtain from your bank or wire transfer 

service the reference number of the wire 

transfer. Having this number can greatly 

facilitate tracing the funds if any problems 

occur. If a wire transfer of filing fees does not 

contain the required information in the 

proper format, the Commission may not be 

able to identify the payor and the acceptance 

of filings may be delayed. To ensure proper 

credit, you must provide all required 

information to the sending bank or wire 

transfer service. Commission data must be 

inserted in the proper fields. The most 

critical data are the Commission’s account 

number at U.S. Bank and the Commissionassigned account number identified as the 

CIK number. 

(c) Special instructions for 

§§ 230.462(b) and 230.110(d) of this 

chapter. Notwithstanding paragraphs (a) 

and (b) of this section, for registration 

statements filed pursuant to 

§§ 230.462(b) and § 230.110(d) of this 

chapter, payment of filing fees for the 

purposes of this section may be made 

by: 

(1) The registrant or its agent 

instructing its bank or a wire transfer 

service to transmit to the Commission 

the applicable filing fee by a wire 

transfer of such amount from the 

issuer’s account or its agent’s account to 

the U.S. Treasury designated lockbox 

depository as soon as practicable, but no 

later than the close of the next business 

day following the filing of the 

registration statement; and 

(2) The registrant submitting with the 

registration statement at the time of 

filing a certification that: 

(i) The registrant or its agent has so 

instructed its bank or a wire transfer 

service; 

(ii) The registrant or its agent will not 

revoke such instructions; and 

(iii) The registrant or its agent has 

sufficient funds in such account to 

cover the amount of such filing fee. 

Note to paragraph (c). Such instructions 

may be sent on the date of filing the 

registration statement after the close of 

business of such bank or wire transfer 

service, provided that the registrant 

undertakes in the certification sent to the 

Commission with the registration statement 

that it will confirm receipt of such 

instructions by the bank or wire transfer 

service during regular business hours on the 

following business day. 

(d) Filing fee accounts. A filing fee 

account is maintained for each filer who 

submits a filing requiring a fee on the 


pwalker on PROD1PC71 with PROPOSALS
6014 Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Rules and Regulations 

Commission’s EDGAR system or who 

submits funds to the U.S. Treasury 

designated depository in anticipation of 

paying a filing fee. Account statements 

are regularly prepared and provided to 

account holders. Account holders must 

maintain a current account address with 

the Commission to ensure timely access 

to these statements. 

Note to paragraph (d). The deposit of 

money into a filing fee account does not 

constitute payment of a filing fee. Payment of 

the filing fee occurs at the time the filing is 

made, commensurate with the drawing down 

of the balance of the fee account. 

(e) Return of funds from inactive 

accounts. Funds held in any filing fee 

account in which there has not been a 

deposit, withdrawal or other adjustment 

for more than 180 calendar days will be 

returned to the account holder, and 

account statements will not be sent 

again until a deposit, withdrawal or 

other adjustment is made with respect 

to the account. Filers must maintain a 

current account address to assure the 

timely return of funds. It may not be 

possible to return funds from inactive 

accounts if the Commission is unable to 

identify a current account address of an 

account holder after making reasonable 

efforts to do so. 

Note to paragraph (e). A company must 

update its account and other addresses using 

the EDGAR Web site. This method ensures 

data integrity and the timeliest update. 

Simply changing an address in the text of the 

cover page of a filing made on the EDGAR 

system will not be sufficient to update the 

Commission’s account address records. 

PART 230—GENERAL RULES AND 

REGULATIONS, SECURITIES ACT OF 

1933 

■ 3. The authority citation for part 230 

continues to read in part as follows: 

Authority: 15 U.S.C. 77b, 77c, 77d, 77f, 

77g, 77h, 77j, 77r, 77s, 77z–3, 77sss, 78c, 78d, 

78j, 78l, 78m, 78n, 78o, 78t, 78w, 78ll(d), 

78mm, 80a–8, 80a–24, 80a–28, 80a–29, 80a–

30, and 80a–37, unless otherwise noted. 

* * * * * 

■ 4. Section 230.111 is revised to read 

as follows: 

§ 230.111 Payment of fees. 

All payments of fees for registration 

statements under the Act shall be made 

by wire transfer, or by certified check, 

bank cashier’s check, United States 

postal money order, or bank money 

order payable to the Securities and 

Exchange Commission, omitting the 

name or title of any official of the 

Commission. There will be no refunds. 

Payment of fees required by this section 

shall be made in accordance with the 

directions set forth in § 202.3a of this 

chapter. 

PART 240—GENERAL RULES AND 

REGULATIONS, SECURITIES 

EXCHANGE ACT OF 1934 

■ 5. 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, 78o, 78p, 

78q, 78s, 78u–5, 78w, 78x, 78ll, 78mm, 80a–

20, 80a–23, 80a–29, 80a–37, 80b–3, 80b–4, 

80b–11, and 7201 et seq.; and 18 U.S.C. 1350, 

unless otherwise noted. 

* * * * * 

■ 6. Section. 240.0–9 is revised to read 

as follows: 

§ 240.0–9 Payment of fees. 

All payment of fees shall be made by 

wire transfer, or by certified check, bank 

cashier’s check, United States postal 

money order, or bank money order 

payable to the Securities and Exchange 

Commission, omitting the name or title 

of any official of the Commission. 

Payment of filing fees required by this 

section shall be made in accordance 

with the directions set forth in § 202.3a 

of this chapter. 

PART 260—GENERAL RULES AND 

REGULATIONS, TRUST INDENTURE 

ACT OF 1939 

■ 7. The authority citation for part 260 

continues to read as follows: 

Authority: 15 U.S.C. 77eee, 77ggg, 77nnn, 

77sss, 78ll(d), 80b–3, 80b–4, and 80b–11. 

§ 260.7a–10 [Removed] 

■ 8. Section 260.7a–10 is removed. 

PART 270—RULES AND 

REGULATIONS, INVESTMENT 

COMPANY ACT OF 1940 

■ 9. The authority citation for part 270 

continues to read in part as follows: 

Authority: 15 U.S.C. 80a–1 et seq., 80a–

34(d), 80a–37, and 80a–39, unless otherwise 

noted. 

* * * * * 

■ 10. Section 270.0–8 is revised to read 

as follows: 

§ 270.0–8 Payment of fees. 

All payment of fees shall be made by 

wire transfer, or by certified check, bank 

cashier’s check, United States postal 

money order, or bank money order 

payable to the Securities and Exchange 

Commission, omitting the name or title 

of any official of the Commission. 

Payment of fees required by this section 

shall be made in accordance with the 

directions set forth in § 202.3a of this 

chapter. 

By the Commission. 

Dated: January 29, 2008. 

Nancy M. Morris, 

Secretary. 

[FR Doc. E8–1839 Filed 1–31–08; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 347 

[Docket Nos. 1978N–0021 and 1978N–

0021P] (formerly Docket Nos. 78N–0021 and 

78N–0021P) 

RIN 0910–AF42 

Skin Protectant Drug Products for 

Over-the-Counter Human Use; 

Reduced Labeling; Technical 

Amendment 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

regulation that establishes conditions 

under which over-the-counter (OTC) 

skin protectant drug products are 

generally recognized as safe and 

effective (GRASE) and not misbranded. 

This amendment revises labeling 

requirements for OTC skin protectant 

drug products formulated and marketed 

as lip protectants. 

DATES: This rule is effective March 3, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Koenig, Center for Drug 

Evaluation and Research, Food and 

Drug Administration, 10903 New 

Hampshire Ave., Bldg. 22, Silver Spring, 

MD 20993, 301–796–2090. 

SUPPLEMENTARY INFORMATION: 

I. Why Are We Publishing This 

Document? 

This document addresses submissions 

that FDA received in response to a June 

4, 2003, final rule for OTC skin 

protectant drug products (68 FR 33362). 

The final rule establishes reduced 

labeling requirements for the following 

products (68 FR 33362 at 33374): 

• products formulated and labeled as 

lip protectants that meet the criteria 

established in § 201.66(d)(10) (21 CFR 

201.66(d)(10)) (§ 347.50(e)); 

• products containing only cocoa 

butter, petrolatum, or white petrolatum 


pwalker on PROD1PC71 with PROPOSALS