54464 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Rules and Regulations 

We are issuing this AD to prevent the pump 

from exceeding the fuel pressure, which 

could result in engine malfunction or a 

massive fuel leak. These conditions could 

cause loss of control of the airplane or a fire. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(1) At the next maintenance, or within the 

next 25 hours of engine operation, whichever 

occurs first, after the effective date of this 

AD, remove affected fuel pumps, P/Ns 

892230, 892232, 892235, 892236, 892540, or 

892545. 

(2) After the effective date of this AD, do 

not install fuel pump, P/Ns 892230, 892232, 

892235, 892236, 892540, or 892545, on any 

engine. 

FAA AD Differences 

(f) This AD differs from the MCAI and/or 

service information as follows: The MCAI 

requires replacing an affected fuel pump with 

fuel pump, P/N 892542 or 892546. This AD 

requires replacement of an affected fuel 

pump with a fuel pump eligible for 

installation on the airplane. 

Other FAA AD Provisions 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(h) Refer to MCAI AD 2007–0060R1–E, 

dated April 20, 2007, and Rotax Aircraft 

Engines Service Bulletin SB–912–053, dated 

April 13, 2007, for related information. 

Contact BRP–Rotax GmbH & Co. KG, Welser 

Strasse 32, A–4623 Gunskirchen, Austria, or 

go to: http://www.rotax-aircraftengines.com/, for a copy of this service 

information. 

(i) Contact Alan Strom, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: alan.strom@faa.gov; telephone 

(781) 238–7143; fax (781) 238–7199, for more 

information about this AD. 

Material Incorporated by Reference 

(j) None. 

Issued in Burlington, Massachusetts, on 

August 27, 2010. 

Thomas A. Boudreau, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–22147 Filed 9–7–10; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 34–62821] 

Delegation of Authority to the Director 

of Its Division of Enforcement 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is amending 

its rules to delegate authority to the 

Director of the Division of Enforcement, 

in connection with the collection of 

delinquent debts arising from actions to 

enforce the federal securities laws, to 

terminate collection activity or 

discharge debts, to accept or reject offers 

to compromise debts, and to accept or 

reject offers to enter into payment plans. 

This action is intended to facilitate the 

Commission’s debt resolution process. 

DATES: Effective Date: September 8, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth H. Hall, 202–551–4936, Office 

of Chief Counsel, Division of 

Enforcement, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–6553. 

SUPPLEMENTARY INFORMATION: The 

Division of Enforcement seeks actively 

to collect amounts imposed in the civil 

actions that it files in federal district 

court and in administrative proceedings; 

these amounts represent disgorgement 

of ill-gotten gains from violations of the 

Federal securities laws and civil 

penalties. The Division pursues debts 

through further litigation, including 

contempt proceedings, against the 

debtor, and is authorized to refer 

delinquent debts to the U.S. Department 

of the Treasury for administrative 

collection activity, including offset of 

debts against amounts otherwise owed 

by the government to the debtor and 

administrative garnishment of a debtor’s 

wages. 

Based upon a debtor’s financial 

condition, as substantiated by creditable 

evidence, the Commission may 

determine to accept a debtor’s offer to 

pay the debt in installments, or to 

compromise, i.e., satisfy the debt by 

payment of a lesser amount than the 

outstanding balance. In addition, when 

all reasonable steps have been taken to 

collect a debt, the Commission may 

authorize its staff to terminate collection 

activity or discharge the debt. 

Termination of collection activity 

preserves the debt as an obligation of 

the debtor, and does not bar future 

activity to collect the debt should that 

become practicable. Discharge of the 

debt is essentially a forgiveness of the 

debtor’s obligation to pay, which may 

have tax consequences for the debtor. 

The Commission is delegating to the 

Director of the Division of Enforcement 

the authority to resolve certain debts 

arising from actions to enforce the 

federal securities laws; in particular, the 

Director is authorized to terminate 

collection activity or discharge debts, to 

accept offers to compromise debts 

(when the principal amount of the debt 

is $5 million or less) or to reject any 

offers to compromise debts, and to 

accept or reject offers to enter into 

payment plans. This delegation will 

improve the efficiency of the Division’s 

debt collection program. 

In any case the Division Director 

deems appropriate, the recommendation 

that a debt be resolved through 

termination of collection activity, 

discharge or by payment plan or 

compromise, may be submitted to the 

Commission for review. 

Administrative Law Matters: 

The Commission finds, in accordance 

with section 553(b)(3)(A) of the 

Administrative Procedure Act (‘‘APA’’) 

(5 U.S.C. 553(b)(3)(A)) that this 

amendment relates solely to agency 

organization, procedure, or practice, and 

does not relate to a substantive rule. 

Accordingly, notice, opportunity for 

public comment, and publication of the 

amendment prior to its effective date are 

unnecessary. For the same reason, and 

because this amendment does not 

substantively affect the rights or 

obligations of non-agency parties, the 

provisions of the Small Business 

Regulatory Enforcement Fairness Act, 

5 U.S.C. 804(3)(C), are not applicable. 

Additionally, the provisions of the 

Regulatory Flexibility Act, which apply 

only when notice and comment are 

required by the APA or other law, 

5 U.S.C. 603, are not applicable. Section 

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

of 1934, 15 U.S.C. 78w(a)(2), requires 

the Commission, in adopting rules 

under that Act, to consider the 

anticompetitive effects of any rules it 

adopts. The Commission does not 

believe that the amendment the 

Commission is adopting today will have 

any impact on competition. Finally, this 

amendment does not contain any 

collection of information requirements 

as defined by the Paperwork Reduction 

Act of 1980, as amended. 

List of Subjects in 17 CFR Part 200 

Administrative practice and 

procedure, Authority delegations 

(Government agencies). 

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Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Rules and Regulations 54465 

1See Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Pub. L. 111–203 (2010). 

2 17 CFR 240.15Ba2–6T. 

3 15 U.S.C. 78a et seq. 

4 15 U.S.C. 78o–4(a). All references in this Release 

to the Exchange Act refer to the Exchange Act as 

amended by the Dodd-Frank Act. 

5See infra Section II.A. 

6See Section 975(a)(1)(B) of the Dodd-Frank Act; 

15 U.S.C. 78o–4(a)(1)(B). 

7See Section 975(i) of the Dodd-Frank Act. 

8 17 CFR 240.15Ba2–6T. 

Text of Amendment 

■ For the reasons set out in the 

preamble, Title 17, Chapter II of the 

Code of Federal Regulations is amended 

as follows: 

PART 200—ORGANIZATION; 

CONDUCT AND ETHICS; AND 

INFORMATION AND REQUESTS 

■ 1. The authority citation for part 200, 

subpart A, continues to read in part as 

follows: 

Authority: 15 U.S.C. 77o, 77s, 77sss, 78d, 

78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37, 

80b–11, and 7202, unless otherwise noted. 

* * * * * 

■ 2. Section 200.30–4 is amended by 

adding paragraph (a)(15) to read as 

follows: 

§ 200.30–4 Delegation of authority to 

Director of Division of Enforcement. 

* * * * * 

(a) * * * 

(15) With respect to debts arising from 

actions to enforce the federal securities 

laws, to terminate collection activity or 

discharge debts, to accept offers to 

compromise debts when the principal 

amount of the debt is $5 million or less, 

to reject offers to compromise debts, and 

to accept or reject offers to enter into 

payment plans. 

* * * * * 

By the Commission. 

Dated: September 1, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–22241 Filed 9–7–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 240 and 249 

[Release No. 34–62824; File No. S7–19–10] 

RIN 3235–AK69 

Temporary Registration of Municipal 

Advisors 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Interim final temporary rule; 

Request for comments. 

SUMMARY: The Commission is adopting 

an interim final temporary rule that 

establishes a means for municipal 

advisors, as defined in the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act 1 (‘‘Dodd-Frank Act’’), to 

satisfy temporarily the requirement that 

they register with the Commission by 

October 1, 2010. 

DATES: Effective Date: October 1, 2010 

through December 31, 2011. Comments 

should be received on or before October 

8, 2010. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/interim-final-temp.shtml); or 

• Send an e-mail to 

rule-comments@sec.gov. Please include 

File No. S7–19–10 on the subject line; 

or 

• Use the Federal eRulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File No. 

S7–19–10. 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/ 

interim-final-temp.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. 

FOR FURTHER INFORMATION CONTACT: 

Martha Mahan Haines, Assistant 

Director and Chief, Office of Municipal 

Securities, at (202) 551–5681; Ira L. 

Brandriss, Special Counsel, Office of 

Market Supervision, at (202) 551–5651; 

Steve L. Kuan, Special Counsel, Office 

of Market Supervision, at (202) 551– 

5624; Rahman J. Harrison, Special 

Counsel, Office of Market Supervision, 

at (202) 551–5663; Steven Varholik, 

Special Counsel, Office of Market 

Supervision, at (202) 551–5615; Leigh 

W. Duffy, Attorney-Adviser, Office of 

Market Supervision, at (202) 551–2938; 

or any of the above at Division of 

Trading and Markets, Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549–6628. 

SUPPLEMENTARY INFORMATION: The 

Commission is adopting new Rule 

15Ba2–6T2 under the Securities 

Exchange Act of 1934 3 (the ‘‘Exchange 

Act’’) as an interim final temporary rule. 

The rule will expire at 11:59 p.m. 

Eastern Time on December 31, 2011. 

The Commission is soliciting comments 

on all aspects of the interim final 

temporary rule. The Commission will 

carefully consider any comments 

received and intends to respond as 

necessary or appropriate. The 

Commission expects to consider a 

proposal for a final permanent 

registration program, including detailed 

requirements for the registration of 

municipal advisors, and to seek public 

comment on the proposal before its 

adoption. Persons interested in 

commenting on the final permanent 

municipal advisor registration program 

should submit comments to the 

subsequent proposal. 

I. Introduction 

As part of the Dodd-Frank Act, signed 

into law by President Obama on July 21, 

2010, Congress amended Section 15B(a) 

of the Exchange Act 4 to, among other 

things, make it unlawful for municipal 

advisors, as defined below,5 to provide 

certain advice or solicit municipal 

entities or certain other persons without 

registering with the Commission.6 The 

registration requirement for municipal 

advisors becomes effective on October 1, 

2010, meaning that municipal advisors 

must be registered on that date in order 

to continue their municipal advisory 

services.7

The Commission is today adopting, 

on an interim final temporary basis, new 

Rule 15Ba2–6T8 under the Exchange 

Act, which will permit municipal 

advisors to temporarily satisfy the 

registration requirement. The adoption 

of Rule 15Ba2–6T serves as a 

transitional step to the implementation 

of a final permanent registration 

program, makes relevant information 

available to the public and municipal 

entities, and permits municipal advisors 

to continue their business after October 

1, 2010. A municipal advisor may 

temporarily satisfy the statutory 

registration requirement by submitting 

certain information electronically 

through the Commission’s public Web 

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