Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64641 

1The final rules include Exchange Act Rule 14a– 

11 and associated amendments, such as Schedule 

14N, Exchange Act Rule 14a–18, and amendments 

to Exchange Act Rule 14a–2, as well as amendments 

to Exchange Act Rule 14a–8. 

TABLE 7—MATERIAL INCORPORATED BY REFERENCE FOR ACTIONS REQUIRED IN THIS AD 

Document Revision Date 

Bombardier Alert Service Bulletin A601R–29–029, including Appendix A, dated October 18, 

2007 .*.

B ................................ May 11, 2010. 

Bombardier Alert Service Bulletin A601R–29–031 ......................................................................... A ................................ March 26, 2009. 

Bombardier Alert Service Bulletin A601R–32–103, including Appendix A, Revision A, dated October 18, 2007.* D ................................ May 11, 2010. 

Bombardier Service Bulletin 601R–29–032 .................................................................................... A ................................ January 26, 2010. 

Bombardier Service Bulletin 601R–29–033, including Appendix A, dated May 5, 2009 .* A ................................ May 11, 2010. 

Bombardier Service Bulletin 601R–32–106, including Appendix A .* A ................................ May 11, 2010. 

(* In Appendix A to these documents, the document number is shown only on page A1 of these appendices.) 

TABLE 8—MATERIAL INCORPORATED BY REFERENCE FOR THE OPTIONAL ACTIONS IN THIS AD 

Document Revision Date 

Bombardier Alert Service Bulletin A601R–29–031 ......................................................................... A ................................ March 26, 2009. 

Bombardier Service Bulletin 601R–29–035 .................................................................................... Original ...................... May 11, 2010. 

Bombardier Service Bulletin 601R–32–107 .................................................................................... A ................................ June 17, 2010. 

(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 Bombardier, Inc., 

400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; 

e-mail thd.crj@aero.bombardier.com; 

Internet http://www.bombardier.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. 

Issued in Renton, Washington, on October 

7, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–26225 Filed 10–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 200, 232, 240, and 249 

[Release Nos. 33–9151; 34–63109; IC– 

29462; File No. S7–10–09] 

RIN 3235–AK27 

Facilitating Shareholder Director 

Nominations 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; notice of stay of 

effective and compliance dates. 

SUMMARY: By order dated October 4, 

2010 (Release No. 33–9149, 34–63031), 

the Securities and Exchange 

Commission (‘‘Commission’’) stayed 

from November 15, 2010 until the 

resolution of the petition for review in 

Business Roundtable, et al. v. SEC, No. 

10–1305 (D.C. Cir., filed Sept. 29, 2010) 

(‘‘Business Roundtable’’), the effective 

and compliance dates of amendments to 

the federal proxy and related rules that 

the Commission adopted to facilitate the 

effective exercise of shareholders’ 

traditional state law rights to nominate 

and elect directors to company boards of 

directors. We are publishing this release 

in the Federal Register to provide 

additional notice regarding the change 

in effective and compliance dates of the 

amendments. 

DATES: Effective Date: The effective and 

compliance dates of the final rules 

published on September 16, 2010 (75 FR 

56668) amending 17 CFR parts 200, 232, 

240 and 249, which were to become 

effective on November 15, 2010, are 

delayed until further notice. The 

Commission will publish a document in 

the Federal Register announcing the 

effective and compliance dates of the 

final rules following the resolution of 

the petition for review in Business 

Roundtable. This document does not 

affect any rules in the above-referenced 

parts currently in effect. 

SUPPLEMENTARY INFORMATION: On 

September 16, 2010, the Commission 

published final rules 1 in the Federal 

Register (75 FR 56668) with the 

effective date of November 15, 2010, 

and a compliance date of November 15, 

2010, except that companies that qualify 

as ‘‘smaller reporting companies’’ (as 

defined in 17 CFR 240.12b–2) as of the 

effective date of the final rules will not 

be subject to Rule 14a–11 until three 

years after the effective date. The 

Commission entered an order on 

October 4, 2010, staying the effective 

and compliance dates of the final rules 

until the resolution of the petition for 

review in Business Roundtable. 

FOR FURTHER INFORMATION CONTACT: 

Lillian Brown, Tamara Brightwell, or 

Ted Yu, Division of Corporation 

Finance, at (202) 551–3200, U.S. 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549. 

As discussed in the preamble above, 

pursuant to the October 4, 2010 order, 

which was issued under the authority in 

Section 25(c)(2) of the Securities 

Exchange Act of 1934, as amended, and 

Section 705 of the Administrative 

Procedure Act, the effective and 

compliance dates for the final rules 

published on September 16, 2010 (75 FR 

56668) amending Title 17, Chapter II of 

the Code of Federal Regulations, are 

delayed until further notice. 


emcdonald on DSK2BSOYB1PROD with RULES
64642 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

1 15 U.S.C. 77a et seq.; Securities Act Release No. 

8996 (Jan. 8, 2009) [74 FR 3138 (Jan. 16, 2009)]. 

2 44 U.S.C. 3501 et seq. 

3These changes in the burden estimates are the 

result of the adoption of rules enhancing 

information provided in connection with proxy 

solicitations and in other reports filed with the 

Commission. Securities Act Release No. 9089 (Dec. 

16, 2009) [74 FR 68334 (Dec. 23, 2009)]. That 

rulemaking assigned an incremental burden 

increase of 16 hours per response on Form S–1. We 

estimated that 25% of that burden would be carried 

by the company internally and that 75% of the 

burden would by carried by outside professionals 

retained by the company at an average cost of $400 

per hour. Accordingly, we estimated an incremental 

internal burden increase of 4 (25% of 16) hours and 

an incremental external cost increase of $4800 (75% 

of 16 = 12 and 12 × $400 = $4800) for each 

response, including the 400 additional responses 

that we had expected as a result of rule 151A. Thus, 

the rulemaking assigned an additional burden for 

the 400 responses of 1600 (400 × 4) hours and 

$1,920,000 (400 × $4800). In addition, another 

rulemaking following the adoption of rule 151A 

also resulted in a change in the burden estimate for 

Form S–1. Securities Release No. 33–8995 (Dec. 31, 

2008) [74 FR 2158 (Jan. 14, 2009)]. However, that 

rulemaking modified reporting requirements for oil 

and gas companies and did not affect the estimated 

burden for the additional 400 filers under rule 

151A. 4 5 U.S.C. 553(b)(B). 

Dated: October 14, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–26348 Filed 10–19–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 230 

[Release No. 33–9152; File No. S7–14–08] 

RIN 3235–AK16 

Indexed Annuities 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; withdrawal; request 

for comment on Paperwork Reduction 

Act burden estimate. 

SUMMARY: We are withdrawing rule 

151A under the Securities Act of 1933, 

which defines the terms ‘‘annuity 

contract’’ and ‘‘optional annuity 

contract’’ under the Act. On July 12, 

2010, the United States Court of 

Appeals for the District of Columbia 

Circuit issued an order vacating the 

rule. 

DATES: 17 CFR 230.151A (Rule 151A), 

published at 74 FR 3175 (January 16, 

2009) and effective on January 12, 2011, 

is withdrawn as of October 20, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Kosoff, Senior Counsel, 

Office of Insurance Products, Division of 

Investment Management, at (202) 551– 

6795, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–8629. 

SUPPLEMENTARY INFORMATION: On 

January 8, 2009, the Commission issued 

a release adopting rule 151A under the 

Securities Act of 1933.1 Rule 151A 

defines the terms ‘‘annuity contract’’ and 

‘‘optional annuity contract’’ under the 

Securities Act. The rule was intended to 

clarify the status under the Federal 

securities laws of indexed annuities, 

under which payments to the purchaser 

are dependent on the performance of a 

securities index. On July 12, 2010, the 

United States Court of Appeals for the 

District of Columbia Circuit issued an 

order vacating rule 151A in American 

Equity Investment Life Insurance 

Company, et al. v. Securities and 

Exchange Commission, No. 09–1021 

(D.C. Cir.). Accordingly, the 

Commission hereby withdraws rule 

151A, which was published at 74 FR 

3175 (Jan. 16, 2009). 

Paperwork Reduction Act 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 

1995,2 the Commission is soliciting 

comment on changes to a collection of 

information necessitated by the Court 

order vacating rule 151A. The 

Commission is submitting this existing 

collection of information to the Office of 

Management and Budget for change and 

approval. 

The burdens associated with rule 

151A are currently approved under the 

‘‘collection of information’’ requirements 

for Form S–1 under the Securities Act 

of 1933 (‘‘Form S–1’’ (OMB Control No. 

3235–0065)). This form sets forth the 

disclosure requirements for registration 

statements that are prepared by eligible 

issuers. The Commission previously 

estimated that there would be an annual 

increase of 400 responses on Form S–1. 

In connection with this increase in 

expected responses, the Commission 

increased the estimated burden for Form 

S–1 by 60,000 hours of internal staff 

time and $72 million of external 

professional costs. 

Since the Commission’s adoption of 

rule 151A, the Commission has adopted 

changes to the information required by 

Form S–1, which have further increased 

the total hours and cost burden 

associated with the 400 additional 

responses that we estimated would 

result from the adoption of rule 151A by 

approximately 1,600 hours and 

$1,920,000.3

As a result of the Court order, the 

Commission no longer expects that 

there will be an annual increase of 400 

responses on Form S–1, and believes 

that the estimate of the corresponding 

burdens for Form S–1 should be 

decreased by the amount of the burden 

associated with those 400 responses. 

Accordingly, the Commission estimates 

that the Court order will have the effect 

of decreasing the estimated burden for 

Form S–1 by 61,600 hours of internal 

staff time (60,000 plus 1,600) and 

$73,920,000 for external professional 

costs ($72,000,000 plus $1,920,000). 

The information collection 

requirements related to Form S–1 are 

mandatory. There is no mandatory 

retention period for the information 

disclosed, and the information disclosed 

is made publicly available on the 

EDGAR filing system. An agency may 

not conduct or sponsor, and a person is 

not required to respond to, a collection 

of information unless it displays a 

currently valid OMB control number. 

We request comment on the accuracy 

of the Commission’s estimate of the 

change in the burden for Form S–1. 

Persons wishing to submit comments on 

the collection of information 

requirements should direct them to the 

Office of Management and Budget, 

Attention Desk Officer for the Securities 

and Exchange Commission, Office of 

Information and Regulatory Affairs, 

Washington, DC 20503 and should send 

a copy to Elizabeth M. Murphy, 

Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090, with 

reference to File No. S7–14–08. 

Requests for materials submitted to 

OMB by the Commission with regard to 

this collection of information should be 

in writing, refer to File No. S7–14–08, 

and be submitted to the Securities and 

Exchange Commission, Office of 

Investor Education and Advocacy, 100 F 

Street, NE., Washington, DC 20549– 

0213. OMB is required to make a 

decision concerning the collection of 

information between 30 and 60 days 

after publication of this release. 

Consequently, a comment to OMB is 

best assured of having its full effect if 

OMB receives it within 30 days after 

publication. 

Procedural and Other Matters 

Section 553 of the Administrative 

Procedure Act provides that when an 

agency for good cause finds that notice 

and public comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public 

comment.4 The Commission has 

determined that there is good cause for 

making today’s withdrawal of rule 151A 

final without prior proposal and 


emcdonald on DSK2BSOYB1PROD with RULES