Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Proposed Rules 55295 

A final comment was received from a 

State egg association. While the 

commenter declined to comment on 

whether the assessment should be 

increased, the commenter wrote in favor 

of AEB’s programs. The commenter also 

suggested increasing support funding at 

the State level for promotion activities. 

As previously discussed, this would be 

up to producer members of the AEB to 

determine. 

In addition, the commenter suggested 

changes concerning board membership 

that are outside the scope of the 

proposed rule. 

The Act provides that AEB may 

recommend an increased assessment 

rate to the Secretary. In accordance with 

the provisions of the Act, AEB has done 

so, and the assessment increase 

provided for herein will be subject to a 

referendum vote. 

The proposed rule published on 

September 25, 2009, stated that 

producers owning 75,000 or fewer 

laying hens were exempt and ineligible 

to vote, as producers owning 75,000 or 

fewer laying hens are eligible to receive 

an exemption. However, § 1250.530 of 

the regulations provide that, to obtain 

an exemption, producers must file an 

exemption statement with their 

collecting handler(s) and provide a copy 

to AEB. Producers who would qualify 

for an exemption but who are not 

certified for exemption and who pay 

assessments are not exempt and 

therefore eligible to vote in the 

referendum. The referendum order so 

states. 

Referendum Order 

It is hereby directed that a referendum 

be conducted among eligible egg 

producers to determine whether such 

producers favor the assessment increase. 

The procedure applicable to the 

referendum shall be the procedure for 

the conduct of referenda in connection 

with the Egg Research and Promotion 

Order (7 CFR 1250.200) as published in 

this issue of the Federal Register. The 

referendum period shall be from 

October 29 through November 19, 2010. 

For the purpose of determining voter 

eligibility, the representative period is 

the period January 1 through December 

31, 2009. Producers engaged in 

commercial egg production are eligible 

to vote in the referendum if they (a) 

owned more than 75,000 laying hens 

during that period, or (b) owned 75,000 

or fewer laying hens, are not certified as 

exempt producers, and paid 

assessments. 

For the increase to be approved, it 

must be approved or favored by at least 

two-thirds of the producers voting in the 

referendum, or a majority of such 

producers if they represent at least twothirds of the commercial eggs produced 

by those voting. 

The agents of the Secretary to conduct 

such referendum are hereby designated 

to be Angela C. Snyder and Sara D. 

Lutton, Research and Promotion; 

Standards, Promotion & Technology 

Branch; Poultry Programs, AMS, USDA; 

1400 Independence Avenue, SW., Room 

3932–S Stop 0256; Washington, DC 

20250–20549; telephone (202) 720– 

4476; fax (202) 720–2930, or e-mail at 

Angie.Snyder@ams.usda.gov. The agent 

may appoint subagents to assist in 

performing duties related to the 

referendum. 

Ballots, instructions, eligibility 

requirements, and other information 

pertinent to the referendum will be 

mailed to all known eligible egg 

producers. 

If any eligible voter does not receive 

a ballot by the beginning date of the 

referendum period, such individual may 

obtain a ballot from the address 

provided in the information contact 

section of this rule. Single copies of the 

complete text of the proposed 

amendments to the Egg Research and 

Promotion Order and Rules and 

Regulations may also be obtained from 

this address. 

List of Subjects in 7 CFR Part 1250 

Administrative practice and 

procedure, Advertising, Agricultural 

research, Eggs and egg products, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble 7 CFR part 1250 is proposed 

to be amended as follows: 

PART 1250—EGG RESEARCH AND 

PROMOTION 

1. The authority citation of 7 CFR part 

1250 continues to read as follows: 

Authority: 7 U.S.C. 2701–2718 and 7 

U.S.C. 7401. 

2. Section 1250.347 is revised to read 

as follows: 

§ 1250.347 Assessments. 

Each handler designated in § 1250.349 

and pursuant to regulations issued by 

the Board shall collect from each 

producer, except for those producers 

specifically exempted in § 1250.348, 

and shall pay to the Board at such times 

and in such manner as prescribed by 

regulations issued by the Board an 

assessment at a rate of 15 cents per 30- 

dozen case of eggs, or the equivalent 

thereof, for such expenses and 

expenditures, including provisions for a 

reasonable reserve and those 

administrative costs incurred by the 

Department of Agriculture after this 

subpart is effective, as the Secretary 

finds are reasonable and likely to be 

incurred by the Board and the Secretary 

under this subpart, except that no more 

than one such assessment shall be made 

on any case of eggs. The assessment rate 

shall not exceed 20 cents per case (or 

the equivalent of a case) of commercial 

eggs. 

3. In section 1250.514, the first 

sentence is revised to read as follows: 

§ 1250.514 Levy of assessments. 

An assessment rate of 15 cents per 

case of commercial eggs is levied on 

each case of commercial eggs handled 

for the account of each producer. * * * 

Dated: September 3, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–22643 Filed 9–9–10; 8:45 am] 

BILLING CODE 3410–02–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Chapter II 

[Release Nos. 33–9138, 34–62841, 39–2470, 

IA–3078, IC–29408; File No. S7–20–10] 

List of Rules To Be Reviewed Pursuant 

to the Regulatory Flexibility Act 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Publication of list of rules 

scheduled for review. 

SUMMARY: The Securities and Exchange 

Commission is today publishing a list of 

rules to be reviewed pursuant to Section 

610 of the Regulatory Flexibility Act. 

The list is published to provide the 

public with notice that these rules are 

scheduled for review by the agency and 

to invite public comment on them. 

DATES: Comments should be submitted 

by December 15, 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/other.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number S7–20–10 on the subject line; 

or 

• Use the Federal eRulemaking Portal 

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

instructions for submitting comments. 

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55296 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Proposed Rules 

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. 

S7–20–10. 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/other.shtml). 

Comments also are 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: 

Anne Sullivan, Office of the General 

Counsel, 202–551–5019. 

SUPPLEMENTARY INFORMATION: The 

Regulatory Flexibility Act (‘‘RFA’’), 

codified at 5 U.S.C. 600–611, requires 

an agency to review its rules that have 

a significant economic impact upon a 

substantial number of small entities 

within ten years of the publication of 

such rules as final rules. 5 U.S.C. 610(a). 

The purpose of the review is ‘‘to 

determine whether such rules should be 

continued without change, or should be 

amended or rescinded * * * to 

minimize any significant economic 

impact of the rules upon a substantial 

number of such small entities.’’ 5 U.S.C. 

610(a). 

The RFA sets forth specific 

considerations that must be addressed 

in the review of each rule: 

• The continued need for the rule; 

• The nature of complaints or 

comments received concerning the rule 

from the public; 

• The complexity of the rule; 

• The extent to which the rule 

overlaps, duplicates or conflicts with 

other federal rules, and, to the extent 

feasible, with state and local 

governmental rules; and 

• The length of time since the rule 

has been evaluated or the degree to 

which technology, economic conditions, 

or other factors have changed in the area 

affected by the rule. 5 U.S.C. 610(c). 

The Securities and Exchange 

Commission, as a matter of policy, 

reviews all final rules that it published 

for notice and comment to assess not 

only their continued compliance with 

the RFA, but also to assess generally 

their continued utility. The list below is 

therefore broader than that required by 

the RFA, and may include rules that do 

not have a significant economic impact 

on a substantial number of small 

entities. Where the Commission has 

previously made a determination of a 

rule’s impact on small businesses, the 

determination is noted on the list. The 

Commission particularly solicits public 

comment on whether the rules listed 

below affect small businesses in new or 

different ways than when they were first 

adopted. 

The rules and forms listed below are 

scheduled for review by staff of the 

Commission during the next twelve 

months. The list includes rules from 

1999. When the Commission 

implemented the Act in 1980, it stated 

that it ‘‘intend[ed] to conduct a broader 

review [than that required by the RFA], 

with a view to identifying those rules in 

need of modification or even 

rescission.’’ Securities Act Release No. 

6302 (Mar. 20, 1981), 46 FR 19251 (Mar. 

30, 1981). The rules are grouped 

according to which Division or Office of 

the Commission recommended their 

adoption. 

Rules and Forms Division of 

Corporation Finance 

Title: Regulation of Takeovers and 

Security Holder Communications. 

Citation: 17 CFR 229.1000–1016, 17 

CFR 230.162, 17 CFR 230.165, 17 CFR 

230.166, 17 CFR 230.425, 17 CFR 

240.13e–4, 17 CFR 240.13e–100, 17 CFR 

240.14d–11, 17 CFR 240.14e–5, 17 CFR 

240.14e–8. 

Authority: 15 U.S.C. 77a et seq., 15 

U.S.C. 78a et seq. 

Description: These rules and 

regulations apply to takeover 

transactions (including tender offers, 

mergers, acquisitions and similar 

extraordinary transactions). They also 

permit increased communications with 

security holders and the markets, 

balance the treatment of cash and stock 

tender offers, simplify and centralize 

disclosure requirements, and eliminate 

regulatory inconsistencies in mergers 

and tender offers. 

Prior Commission Determination 

Under 5 U.S.C. 601: A Final Regulatory 

Flexibility Analysis was prepared in 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. 33–7760, approved by the 

Commission on October 22, 1999, which 

adopted Regulation M–A and the related 

rules and revisions. Comments to the 

proposing release were considered at 

that time. The Commission received no 

comments on the Initial Regulatory 

Flexibility Analysis. 

* * * * * 

Title: Cross-Border Tender and 

Exchange Offers, Business 

Combinations and Rights Offerings. 

Citation: 17 CFR 230.800–802, 17 CFR 

260.4d–10. 

Authority: 15 U.S.C. 77a et seq., 15 

U.S.C. 78a et seq. 

Description: These rules provide 

tender offer and Securities Act 

registration exemptions for cross-border 

tender and exchange offers, business 

combinations and rights offerings 

relating to the securities of foreign 

companies. 

Prior Commission Determination 

Under 5 U.S.C. 601: A Final Regulatory 

Flexibility Analysis was prepared in 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. 33–7759, approved by the 

Commission on October 22, 1999, which 

adopted Securities Act Rules 800 

through 802 and Trust Indenture Act 

Rule 4d–10. Comments to the proposing 

release were considered at that time. 

The Commission received no comments 

on the Initial Regulatory Flexibility 

Analysis. 

* * * * * 

Title: International Disclosure 

Standards. 

Citation: 17 CFR 210.3–01, 17 CFR 

210.3–20, 239.36. 

Authority: 15 U.S.C. 77a et seq., 15 

U.S.C. 78a et seq. 

Description: These rules revise 

disclosure requirements to conform to 

the international disclosure standards 

endorsed by the International 

Organization of Securities Commissions 

in September 1998. 

Prior Commission Determination 

Under 5 U.S.C. 601: Pursuant to the 

Regulatory Flexibility Act (15 U.S.C. 

605(b)), the Chairman of the 

Commission certified at the proposal 

stage on February 2, 1999 that the 

revisions to rules and forms would not 

have a significant economic impact on 

a substantial number of small entities. 

The Commission received no comments 

specifically addressing the certification. 

* * * * * 

Title: Audit Committee Disclosure. 

Citation: 17 CFR 210.10–01. 

Authority: 15 U.S.C. 77a et seq., 15 

U.S.C. 78a et seq. 

Description: This rule requires that 

companies’ independent auditors 

review the companies’ financial 

information included in the companies’ 

quarterly reports prior to the filing of 

these reports. 

Prior Commission Determination 

Under 5 U.S.C. 601: A Final Regulatory 

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Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Proposed Rules 55297 

Flexibility Analysis was prepared in 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. 34–42266, approved by the 

Commission on December 22, 1999, 

which adopted Rule 10–01 of 

Regulation S–X under the Securities Act 

of 1933 and the Securities Exchange Act 

of 1934. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Rules and Forms Administered by the 

Division of Investment Management 

Title: Rule 17j–1. 

Citation: 17 CFR 270.17j–1. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–17(j), 80a–37(a). 

Description: Rule 17j–1 under the 

Investment Company Act of 1940 

(‘‘Act’’) prohibits fraudulent, deceptive 

or manipulative acts by persons 

affiliated with a registered investment 

company (‘‘fund’’) or with the fund’s 

investment adviser or principal 

underwriter in connection with their 

personal securities transactions in 

securities held or to be acquired by the 

fund. The rule requires 17j–1 

organizations to adopt codes of ethics 

reasonably designed to prevent fraud 

and requires fund personnel to report 

their personal securities transactions to 

their 17j–1 organization. 

Prior Commission Determination 

Under 5 U.S.C. 601: A Final Regulatory 

Flexibility Analysis was prepared in 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. IC–23958, which was 

approved by the Commission on Aug. 

20, 1999. Comments to the proposing 

release and any comments to the Initial 

Regulatory Flexibility Analysis were 

considered at that time. 

* * * * * 

Title: Rule 154. 

Citation: 17 CFR 230.154. 

Authority: 15 U.S.C. 77a et seq. 

Description: Rule 154 under the 

Securities Act of 1933 permits an issuer 

or broker-dealer that has an obligation to 

deliver a prospectus to multiple persons 

at a single address to satisfy that 

obligation by delivering a single 

prospectus, subject to certain 

conditions. 

Prior Commission Determination 

Under 5 U.S.C. 601: A Final Regulatory 

Flexibility Analysis was prepared in 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. IC–24123, which was 

approved by the Commission on 

November 4, 1999. Comments to the 

proposing release and any comments to 

the Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Rules and Forms Administered by the 

Division of Trading and Markets 

Title: Rule 10b–18. 

Citation: 17 CFR 240.10b–18. 

Authority: 15 U.S.C. 78b, 78c, 

78i(a)(6), 78j(b), 78m(e), 78o(c) and 

78w(a). 

Description: Rule 10b–18 under the 

Securities Exchange Act of 1934 Rule 

10b–18 provides a ‘‘safe harbor’’ from 

liability for manipulation under 

Sections 9(a)(2) and 10(b) of the 

Exchange Act, and Rule 10b–5 

thereunder, when an issuer or affiliated 

purchaser of the issuer bids for or buys 

shares of its common stock in 

compliance with the Rule’s conditions. 

Prior Commission Determination 

Under 5 U.S.C. 601: A Final Regulatory 

Flexibility Analysis was prepared in 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. 34–41905, which was 

approved by the Commission on Sept. 

23, 1999. Comments to the proposing 

release and any comments to the Initial 

Regulatory Flexibility Analysis were 

considered at that time. 

* * * * * 

Title: Rules 15b3–1, 15Ba2–2, and 

15Ca2–1. 

Citation: 17 CFR 240.15b3–1, 

240.15Ba2–2, and 240.15Ca2–1. 

Authority: 15 U.S.C. 78o(a), 78o(b), 

78o–4(a)(2), 78o–5(a)(2), and 78w(a). 

Description: Rule 15b3–1 under the 

Securities Exchange Act of 1934 governs 

amendments to applications for 

registration as a broker or a dealer. Rule 

15Ba2–2 under the Securities Exchange 

Act of 1934 governs applications for 

registration of non-bank municipal 

securities dealers whose business is 

exclusively intrastate. Rule 15Ca2–1 

under the Securities Exchange Act of 

1934 governs applications for 

registrations as a government securities 

broker or government securities dealer. 

Prior Commission Determination 

Under 5 U.S.C. 601: A Final Regulatory 

Flexibility Analysis was prepared in 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. 34–41594, which was 

approved by the Commission on July 2, 

1999. Comments to the proposing 

release and any comments to the Initial 

Regulatory Flexibility Analysis were 

considered at that time. 

By the Commission. 

Dated: September 3, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–22574 Filed 9–9–10; 8:45 am] 

BILLING CODE 8010–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter I 

[GN Docket No. 09–191; WC Docket No. 

07–52; DA 10–1667] 

Further Inquiry Into Two UnderDeveloped Issues in the Open Internet 

Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission’s Wireline Competition 

and Wireless Telecommunications 

Bureaus (collectively, the Bureaus) seek 

comment on two issues in the open 

Internet proceeding that merit further 

development. The first issue is the 

relationship between open Internet 

protections and services that are 

provided over the same last-mile 

facilities as broadband Internet access 

service (commonly called ‘‘managed’’ or 

‘‘specialized’’ services). The second is 

the application of open Internet rules to 

mobile wireless Internet access services, 

which have unique characteristics 

related to technology, associated 

application and device markets, and 

consumer usage. The intended effect is 

to develop a more detailed record in the 

Open Internet proceeding. 

DATES: Comments are due on or before 

October 12, 2010 and reply comments 

are due on or before November 4, 2010. 

ADDRESSES: You may submit comments, 

identified by GN Docket No. 09–191 and 

WC Docket No. 07–52, by any of the 

following methods: 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• E-mail ecfs@fcc.gov, and include 

the following words in the body of the 

message: ‘‘get form.’’ A sample form and 

directions will be sent in response. 

Include the docket numbers in the 

subject line of the message. 

• Mail: Secretary, Federal 

Communications Commission, 445 12th 

Street, SW., Washington, DC 20554. 

• Hand Delivery/Courier: Secretary, 

Federal Communications Commission, 

445 12th Street, SW., Washington, DC 

20554. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS