Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules 4357 

1When 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). 

or flutter margins below V′′, must be 

signaled to the crew during flight. 

(e) Dispatch with known failure 

conditions. If the airplane is to be 

dispatched in a known system-failure 

condition that affects structural 

performance, or affects the reliability of 

the remaining system to maintain 

structural performance, then the 

provisions of § 25.302 must be met for 

the dispatched condition and for 

subsequent failures. Flight limitations 

and expected operational limitations 

may be taken into account in 

establishing Qj as the combined 

probability of being in the dispatched 

failure condition and the subsequent 

failure condition for the safety margins 

in Figures 2 and 3. These limitations 

must be such that the probability of 

being in this combined failure state, and 

then subsequently encountering limitload conditions, is extremely 

improbable. No reduction in these safety 

margins is allowed if the subsequent 

system-failure rate is greater than 10¥3

per hour. 

Issued in Renton, Washington, on 

December 31, 2008. 

Linda Navarro, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–1327 Filed 1–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Chapter II 

[Release Nos. 33–9000, 34–59248, 39–2460, 

IC–28600, IA–2830; File No. S7–03–09] 

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 February 25, 2009. 

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 S7–03–09 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 Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File No. 

S7–03–09. 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 public 

inspection and copying 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.1 The list below 

is therefore broader than that required 

by the RFA, and may include rules that 

do not have a substantial impact on a 

significant 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 

1998, 1997, 1996 and 1995. The rules 

are grouped according to which 

Division or Office of the Commission 

recommended their adoption. 

Division of Corporation Finance 

Title: Plain English Disclosure. 

Citation: 17 CFR 230.421, 17 CFR 

230.481. 

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

Description: This rule requires that 

issuers write the cover page, summary 

and risk factors sections of prospectuses 

in plain English. 

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. 33–7497, which was 

approved by the Commission on January 

28, 1998, which amended Rules 421 and 

481. Comments to the proposing release 

and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Regulation S. 

Citation: 17 CFR 230.900–905. 

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

Description: This rule provides a safe 

harbor from the term ‘‘offer’’ for certain 

offshore communications made by a 

registrant. 

Prior Commission Determination 

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

Flexibility Analysis was prepared in 

4358 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. 33–7470, which was 

approved by the Commission on 

October 10, 1997. Rule 902 was 

originally adopted as part of Regulation 

S in Release No. 33–6863, containing a 

Final Regulatory Flexibility Analysis 

which was approved by the Commission 

on April 24, 1990. Comments to the 

proposing releases and Initial 

Regulatory Flexibility Analyses were 

considered at those times. 

* * * * * 

Title: Rule 135e: Offshore press 

conferences, meetings with issuer 

representatives conducted offshore, and 

press-related material released offshore. 

Citation: 17 CFR 230.135e. 

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

Description: This rule provides a safe 

harbor from the term ‘‘offer’’ for certain 

offshore communications made by a 

registrant. 

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. 33–7470, which was 

approved by the Commission on 

October 10, 1997. Comments to the 

proposing release and Initial Regulatory 

Flexibility Analysis were considered at 

that time. 

* * * * * 

Title: Rule 12a–8: Exemption of 

depositary shares 

Rule 15d–3: Reports for depositary 

shares registered on Form F–6. 

Citation: 17 CFR 240.12a–8, 17 CFR 

240.15d–3 

Authority: 15 U.S.C. 78a et seq. 

Description: These rules are designed 

to provide exemptions for depositary 

shares from section 12(a) of the 

Securities Act and from certain 

reporting requirements. 

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. 33–7431, which was 

approved by the Commission on July 18, 

1997. Comments to the proposing 

release and Initial Flexibility Analysis 

were considered at that time. 

* * * * * 

Title: Item 305 of Regulation S–K. 

Citation: 17 CFR 229.305. 

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

Description: This rule requires 

quantitative and qualitative disclosures 

about market risk. 

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. 33–7386, which was 

approved by the Commission on January 

31, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Delivery of Prospectus. 

Citation: 17 CFR 240.15c2–8. 

Authority: 15 U.S.C. 78a et seq. 

Description: This rule establishes the 

requirements for brokers and dealers to 

deliver a prospectus to purchasers of 

securities. 

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. 33–7168, which was 

approved by the Commission on May 

11, 1995. Comments to the proposing 

release and Initial Flexibility Analysis 

were considered at that time. 

* * * * * 

Title: Exemption for Certain California 

Limited Issues. 

Citation: 17 CFR 230.1001. 

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

Description: The rule exempts from 

the registration requirements of the 

Securities Act offers and sales up to $5 

million that are exempt from state 

qualification under paragraph (n) of 

Section 25102 of the California 

Corporations Code. The purpose of the 

rule is to assist small businesses’ capital 

raising ability by creating a federal 

exemption for offering of up to $5 

million that meet the qualifications of a 

California exemption. 

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. 33–7285, which was 

approved by the Commission on May 1, 

1996. Comments to the proposing 

release and Initial Flexibility Analysis 

were considered at that time. 

* * * * * 

Title: Settlement Cycle. 

Citation: 17 CFR 240.15c6–1. 

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

Description: This rule imposes a time 

requirement for brokers and dealers to 

complete the settlement of a securities 

transaction. 

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. 33–7168, which was 

approved by the Commission on May 

11, 1995. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

Division of Investment Management 

Title: Rule 203A–1. 

Citation: 17 CFR 275.203A–1. 

Authority: 15 U.S.C. 80b–3a(a)(1)(A), 

15 U.S.C. 80b–3a(c), 15 U.S.C. 80b– 

11(a). 

Description: The Commission adopted 

rule 203A–1 to implement the 

Investment Advisers Supervision 

Coordination Act, which, among other 

things, reallocated the responsibilities 

for regulating investment advisers 

between the Commission and the state 

securities regulatory authorities. The 

rule increases the threshold for state 

registered advisers to switch to 

Commission registration to $30 million 

in assets under management and 

requires that advisers to registered 

investment companies be registered 

with the Commission. The rule also 

provides state registered advisers with 

assets under management between $25 

million and $30 million an option to 

remain registered with the states or to 

switch to Commission registration. In 

addition, the rule contains provisions 

prescribing procedures for switching 

registration from states to the 

Commission or vice versa. 

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. IA–1633, which was 

approved by the Commission on May 

15, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Rule 203A–2. 

Citation: 17 CFR 275.203A–2. 

Authority: 15 U.S.C. 80b–3a(c). 

Description: The Commission adopted 

rule 203A–2 to implement the 

Investment Advisers Supervision 

Coordination Act, which, among other 

things, reallocates the responsibilities 

for regulating investment advisers 

between the Commission and the state 

securities regulatory authorities. The 

rule exempts certain types of investment 

advisers from the prohibition on 

Commission registration. As a result, the 

following investment advisers are not 

prohibited from registering with the 

Commission: Nationally recognized 

statistical rating organizations, pension 

consultants, investment advisers 

controlling, controlled by, or under 

common control with an investment 

adviser registered with the Commission, 

investment advisers expecting to be 

eligible for Commission registration 

within 120 days, multi-state investment 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules 4359 

advisers, and Internet investment 

advisers. 

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. IA–1633, which was 

approved by the Commission on May 

15, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Rule 203A–3. 

Citation: 17 CFR 275.203A–3. 

Authority: 15 U.S.C. 80b–2a(17), 15 

U.S.C. 80b–11(a). 

Description: The Commission adopted 

rule 203A–3 to implement the 

Investment Advisers Supervision 

Coordination Act, which, among other 

things, reallocates the responsibilities 

for regulating investment advisers 

between the Commission and the state 

securities regulatory authorities. The 

rule defines certain terms for purposes 

of section 203A of the Investment 

Advisers Act (15 U.S.C. 80b–3a) and the 

rules thereunder. The terms defined in 

this rule include: ‘‘investment adviser 

representative,’’ ‘‘excepted person,’’ 

‘‘impersonal investment advice,’’ ‘‘place 

of business,’’ and ‘‘principal office and 

place of business.’’ 

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. IA–1633, which was 

approved by the Commission on May 

15, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Rule 203A–4. 

Citation: 17 CFR 275.203A–4. 

Authority: 15 U.S.C. 80b–11(a). 

Description: The Commission adopted 

rule 203A–4 to implement the 

Investment Advisers Supervision 

Coordination Act, which, among other 

things, reallocates the responsibilities 

for regulating investment advisers 

between the Commission and the state 

securities regulatory authorities. The 

rule states that the Commission shall 

not assert a violation of section 203 of 

the Investment Advisers Act of 1940 (15 

U.S.C. 80b–3) by a state registered 

adviser for failure to register with the 

Commission if the adviser reasonably 

believes that it does not have assets 

under management of at least $30 

million and is therefore not required to 

register with the Commission. 

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. IA–1633, which was 

approved by the Commission on May 

15, 1997. Comments to the proposing 

release and Initial Flexibility Analysis 

were considered at that time. 

* * * * * 

Title: Rule 2a51–1. 

Citation: 17 CFR 270.2a51–1. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–2(a)(51)(B), 80a–6(c), 80a–37(a). 

Description: Rule 2a51–1 under the 

Investment Company Act of 1940 

(‘‘Act’’) defines the term ‘‘investment’’ 

for purposes of section 2(a)(51) of the 

Act, and section 3(c)(7) of the Act, 

which excludes from regulation under 

the Act privately offered companies that 

sell their securities to ‘‘qualified 

purchasers’’ owning or investing on a 

discretionary basis a specified amount 

of ‘‘investments.’’ 

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–22597, which was 

approved by the Commission on April 

3, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Rule 2a51–2. 

Citation: 17 CFR 270.2a51–2. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–2(a)(51)(B), 80a–6(c), 80a–37(a). 

Description: Rule 2a51–2 under the 

Investment Company Act of 1940 

(‘‘Act’’) defines the term ‘‘beneficial 

owner’’ for purposes of section 2(a)(51) 

of the Act and section 3(c)(7)(B) of the 

Act, which permitted unregulated 

private companies that, on or before 

September 1, 1996, relied on section 

3(c)(1) of the Act (which excludes from 

regulation under the Act privately 

offered companies with 100 or fewer 

‘‘beneficial owners’’) to convert to 

unregulated private companies in 

reliance on section 3(c)(7) of the Act 

(which excludes from regulation under 

the Act privately offered companies that 

sell their securities to ‘‘qualified 

purchasers’’ owning or investing on a 

discretionary basis a specified amount 

of ‘‘investments’’). Section 3(c)(7) of the 

Act was enacted in 1996. 

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–22597, which was 

approved by the Commission on April 

3, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Rule 2a51–3. 

Citation: 17 CFR 270.2a51–3. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–2(a)(51)(B), 80a–6(c), 80a–37(a). 

Description: Rule 2a51–3 under the 

Investment Company Act of 1940 

(‘‘Act’’) provides that a company cannot 

be a ‘‘qualified purchaser’’ for purposes 

of section 3(c)(7) of the Act (which 

excludes from regulation under the Act 

privately offered companies that sell 

their securities to ‘‘qualified 

purchasers’’ owning or investing on a 

discretionary basis a specified amount 

of ‘‘investments’’ (‘‘private fund’’)) if it 

was formed for the specific purpose of 

acquiring the securities offered by a 

private fund unless each beneficial 

owner of the company’s securities is a 

qualified purchaser. 

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–22597, which was 

approved by the Commission on April 

3, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Rule 3c–1. 

Citation: 17 CFR 270.3c–1. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–6(c), 80a–37(a) 

Description: Rule 3c–1 under the 

Investment Company Act of 1940 

(‘‘Act’’) defines the term ‘‘beneficial 

owner’’ for purposes of section 3(c)(1) of 

the Act, which excludes from regulation 

under the Act privately offered 

companies with 100 or fewer ‘‘beneficial 

owners.’’ 

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–22597, which was 

approved by the Commission on April 

3, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Rule 3c–5. 

Citation: 17 CFR 270.3c–5. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–6(c), 80a–37(a). 

Description: Rule 3c–5 under the 

Investment Company Act of 1940 

(‘‘Act’’) permits ‘‘knowledgeable 

employees’’ of a privately offered 

company (or knowledgeable employees 

of the company’s affiliates) to invest in 

the company without causing the 

4360 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules 

company to lose its exclusion from 

regulation under section 3(c)(1) or 

section 3(c)(7) of the Act. Section 3(c)(1) 

of the Act excludes from regulation 

under the Act privately offered 

companies with 100 or fewer ‘‘beneficial 

owners.’’ Section 3(c)(7) of the Act 

excludes from regulation under the Act 

privately offered companies that sell 

their securities to ‘‘qualified 

purchasers’’ owning or investing on a 

discretionary basis a specified amount 

of ‘‘investments.’’ 

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–22597, which was 

approved by the Commission on April 

3, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Rule 3c–6. 

Citation: 17 CFR 270.3c–6. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–3(c)(1), 80a–3(c)(7), 80a–6(c), 80a– 

37(a). 

Description: Rule 3c–6 under the 

Investment Company Act of 1940 

(‘‘Act’’) treats persons who acquire 

securities of a privately offered 

company that is excluded from 

regulation under the Act in reliance on 

section 3(c)(7) of the Act as qualified 

purchasers for purposes of those 

securities if the acquisition is in 

accordance with the rule. Section 3(c)(7) 

of the Act excludes from regulation 

under the Act privately offered 

companies that sell their securities to 

‘‘qualified purchasers’’ owning or 

investing on a discretionary basis a 

specified amount of ‘‘investments.’’ 

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–22597, which was 

approved by the Commission on April 

3, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Rule 3a–4. 

Citation: 17 CFR 270.3a–4. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–6(c), 80a–37(a). 

Description: Rule 3a–4 under the 

Investment Company Act of 1940 

(‘‘Act’’) provides a nonexclusive safe 

harbor from the definition of investment 

company for certain investment 

advisory programs. Under the rule, an 

investment program organized and 

operated in accordance with the rule’s 

provisions is deemed not to be an 

investment company within the 

meaning of the Act. 

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–22579, which was 

approved by the Commission on March 

24, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Rule 17f–6. 

Citation: 17 CFR 270.17f–6. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–6(c), 80a–37(a). 

Description: Rule 17f–6 under the 

Investment Company Act of 1940 

permits registered investment 

companies to maintain their assets with 

futures commission merchants and 

certain other entities in connection with 

futures contracts and commodity 

options traded on U.S. and foreign 

exchanges. 

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–22389, which was 

approved by the Commission on 

December 11, 1996. Comments to the 

proposing release and Initial Regulatory 

Flexibility Analysis were considered at 

that time. 

* * * * * 

Title: Rule 17a–9. 

Citation: 17 CFR 270.17a–9. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–6(c), 80a–37(a). 

Description: Rule 17a–9 under the 

Investment Company Act of 1940 (the 

‘‘Act’’) specifies conditions under 

which, notwithstanding section 17(a) of 

the Act, a money market fund affiliate 

may purchase from the money market 

fund securities that are no longer 

‘‘eligible securities’’ for purposes of rule 

2a–7. 

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–21837, which was 

approved by the Commission on March 

21, 1996. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Form 24F–2. 

Citation: 17 CFR 274.24. 

Authority: 15 U.S.C. 60a–1 et seq. 

Description: Rule 24f–2 requires every 

open-end management investment 

company, face amount certificate 

company, or unit investment trust that 

is deemed to have registered an 

indefinite amount of securities pursuant 

to Section 24(f) of the Investment 

Company Act to file form 24F–2, 

Annual Notice of Securities Sold 

Pursuant to Rule 24f–2. 

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. 33–7208, which the 

Commission approved on September 1, 

1995. Comments to the proposing 

release and Initial Flexibility Analysis 

were considered at that time. 

* * * * * 

Title: Rule 18f–3. 

Citation: 17 CFR 270.18f–3. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–37, 80a–39. 

Description: Rule 18f–3 under the 

Investment Company Act of 1940 

(‘‘Act’’) specifies conditions under 

which, notwithstanding sections 18(f)(1) 

and 18(i) of the Act, a registered openend management investment company 

or series or class thereof established in 

accordance with section 18(f)(2) of the 

Act whose shares are registered on Form 

N–1A may issue more than one class of 

voting stock. 

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. 33–7143, which was 

approved by the Commission on 

February 23, 1995. Comments to the 

proposing release and Initial Regulatory 

Flexibility Analysis were considered at 

that time. 

* * * * * 

Title: Rule 6c–10. 

Citation: 17 CFR 270.6c–10. 

Authority: 15 U.S.C. 80a–1 et seq., 

80a–37, 80a–39. 

Description: Rule 6c–10 under the 

Investment Company Act of 1940 

(‘‘Act’’) specifies conditions under 

which, notwithstanding sections 

2(a)(32), 2(a)(35), and 22(d) of the Act, 

a registered open-end management 

investment company or series or class 

thereof may permit a contingent 

deferred sales load to be imposed on 

shares issued by the company. 

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–20916, which was 

approved by the Commission on 

February 23, 1995. Comments to the 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules 4361 

2The Commission rescinded rule 17a–24 in a 

revised transfer agent rule, Release No. 34–42892 

(July 9, 2000). 

proposing release and Initial Regulatory 

Flexibility Analysis were considered at 

that time. 

Division of Trading and Markets 

Title: Regulation of Exchanges and 

Alternative Trading Systems. 

Citation: 17 CFR Parts 202, 240, 242 

and 249. 

Authority: 15 U.S.C. 78 et seq., 

particularly Sections 78c(b), 78e, 78f, 

78k–1, 78o, 78q(a), 78q(b), 78s, 78w(a), 

and 78mm. 

Description: The Commission adopted 

new rules and rule amendments to 

allow alternative trading systems to 

choose whether to register as national 

securities exchanges, or to register as 

broker-dealers and comply with 

additional requirements under 

Regulation ATS, depending on their 

activities and trading volume. The 

Commission also adopted amendments 

to rules regarding registration as a 

national securities exchange, repealing 

rule 17a–23, and amending the books 

and records rules by transferring the 

recordkeeping requirements from rule 

17a–23 to rules 17a–3 and 17a–4 as they 

apply to broker-dealer internal trading 

systems. Finally, the Commission 

excluded from the rule filing 

requirements for self-regulatory 

organizations certain pilot trading 

systems operated by national securities 

exchanges and national securities 

associations. These rules integrated the 

growing number of alternative trading 

systems into the national market system, 

accommodated the registration of 

proprietary alternative trading systems 

as exchanges, and provided an 

opportunity for registered exchanges to 

better compete with alternative trading 

systems. 

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. 34–40760, which was 

approved by the Commission on 

December 11, 1998. Comments to the 

proposing release and Initial Regulatory 

Flexibility Analysis were considered at 

that time. 

* * * * * 

Title: Amendment to Rule Filing 

Requirements for Self-Regulatory 

Organizations Regarding New Derivative 

Securities Products. 

Citation: 17 CFR 240.19b–4(e). 

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

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

77sss, 77ttt, 78c, 78d, 78f, 78i, 78j, 78j– 

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

78q, 78s, 78u–5, 78w, 78x, 78ll(d), 

78mm, 79q, 79t, 80a–20, 80a–23, 80a– 

29, 80a–37, 80b–3, 80b–4 and 80b–11. 

Description: The Commission 

amended rule 19b–4 under the 

Securities Exchange Act of 1934 to 

permit self-regulatory organizations to 

list and trade new derivative securities 

products pursuant to existing selfregulatory organization trading rules, 

procedures, surveillance programs and 

listing standards without submitting a 

proposed rule change pursuant to 

Section 19(b). 

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. 34–40761, which was 

approved by the Commission on 

December 8, 1998. The Commission 

received no comments on the Initial 

Regulatory Flexibility Analysis. 

* * * * * 

Title: OTC Derivatives Dealers. 

Citation: 17 CFR 200.30–3, 240.3b–12, 

240.3b–13, 240.3b–14, 240.3b–15, 

240.8c–1, 240.11a1–6, 240.15a–1, 

240.15b1–1, 240.15c2–1, 240.15b9–2, 

240.15c2–5, 240.15c3–1, 240.15c3–2, 

240.15c3–3, 240.15c3–4, 240.17a–3, 

240.17a–4, 240.17a–5, 240.17a–11, 

240.17a–12, 240.36a1–1, 240.36a1–2, 

and 249.617. 

Authority: 15 U.S.C. 78a et seq. (3(b), 

11(a), 15(a), 15(b), 15(c), 17(a), 23, and 

36) (15 U.S.C. 78c(b), 78k(a), 78o(a), 

78o(b), 78o(c), 78q(a), 78w, and 78mm). 

Description: The Commission adopted 

new rules and rule amendments to tailor 

capital, margin, and other broker-dealer 

regulatory requirements to a class of 

registered dealers, called OTC 

derivatives dealers, that are active in 

over-the-counter derivatives markets. 

Registration as an OTC derivatives 

dealer under these rules is optional and 

is an alternative to registration as a 

broker-dealer under the traditional 

broker-dealer regulatory structure. It is 

available only to entities that engage in 

dealer activities in eligible over-thecounter derivative instruments and that 

meet certain financial responsibility and 

other requirements. 

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. 34–40594, which was 

approved by the Commission on 

October 23, 1998. The Commission 

received no comments on the Initial 

Regulatory Flexibility Analysis. 

* * * * * 

Title: Lost Securityholders. 

Citation: 17 CFR 240.17Ad–17, 

240.17Ad–7, and 249b.102. 

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

U.S.C. 78a et seq., 15 U.S.C. 79a et seq., 

15 U.S.C. 80a et seq. 

Description: The Commission adopted 

rules 17Ad–17 and 17a–24 2 under the 

Securities Exchange Act of 1934, and 

amended form TA–2 and rule 17Ad–7 

under the Securities Exchange Act. Rule 

17Ad–17 (designed to reduce the 

number of ‘‘lost securityholders’’) 

requires transfer agents to conduct 

searches in an effort to locate lost 

securityholders. The amendment to rule 

17Ad–7 set forth the retention time 

period for the records relating to 

compliance with rule 17Ad–17, and the 

amendments to form TA–2 provide the 

means for transfer agents to report 

required information to the 

Commission. 

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. 34–39176, which was 

approved by the Commission on 

October 1, 1997. Comments to the 

proposing release and Initial Regulatory 

Flexibility Analysis were considered at 

that time. 

* * * * * 

Title: Net Capital Rule. 

Citation: 17 CFR 240.15c3–1. 

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

U.S.C. 78a et seq., 15 U.S.C. 79a et seq., 

15 U.S.C. 80a et seq. 

Description: The Commission 

amended rule 15c3–1 (‘‘Net Capital 

Rule’’) under the Securities Exchange 

Act of 1934 to permit broker-dealers to 

employ theoretical option pricing 

models in determining net capital 

requirements for listed options and 

related positions. Alternatively, the rule 

permits broker-dealers to elect a 

strategy-based methodology. The 

amendments simplified the Net Capital 

Rule’s treatment of options for capital 

purposes and were designed to more 

accurately reflect the risk inherent in 

broker-dealer options positions. 

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. 34–38248, which was 

approved by the Commission on 

February 6, 1997. The Commission 

received no comments on the Initial 

Regulatory Flexibility Analysis. 

* * * * * 

4362 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules 

3The Commission replaced rule 10b–13 with new 

rule 14e–5 in adopting regulations on cross-border 

tender offers, Release No. 33–7760, 64 FR 61408 

(Nov. 14, 1999). 

4The Commission withdrew and replaced rule 

10b–6 in adopting Regulation M, infra. 

5The Commission renumbered rules 11Ac1–1 

and 11Ac1–4 in adopting Regulation NMS, Release 

No. 34–51808, 70 FR 37496 ( June 29, 2005). They 

are now at 17 CFR 242.602 and 242.604, 

respectively. 

Title: Reporting Requirements for 

Brokers or Dealers under the Securities 

Exchange Act of 1934. 

Citation: 17 CFR 240.17a–4. 

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

77j, 77s, 77eee, 77ggg, 77nnn, 77sss, 

77ttt, 78c, 78d, 78f, 78i, 78j, 78k, 78k– 

1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 

78w, 78x, 78ll(d), 79q, 79t, 80a–20, 80a– 

23, 80a–29, 80a–37, 80b–3, 80b–4 and 

80b–11. 

Description: The Commission 

amended the broker-dealer record 

preservation rule to allow broker-dealers 

to employ, under certain conditions, 

electronic storage media to maintain 

records required to be retained. The 

Commission also issued an 

interpretation of its record preservation 

rule relating to the treatment of 

electronically generated 

communications. 

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. 34–38245, which was 

approved by the Commission on January 

31, 1997. The Commission received no 

comments on the Initial Regulatory 

Flexibility Analysis. 

* * * * * 

Title: Anti-Manipulation Rules 

Concerning Securities Offerings. 

Citation: 17 CFR 228.502, 228.508, 

229.502, 229.508, 230.418, 230.461, 

240.10b–18, 240.11a–1, 240.13e–4, 

240.13e–102, 240.14d–102, 240.17a–2, 

and 17 CFR Part 242. 

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

U.S.C. 78a et seq., 15 U.S.C. 79a et seq., 

15 U.S.C. 80a et seq. 

Description: The Commission adopted 

new Regulation M governing the 

activities of underwriters, issuers, 

selling security holders, and others in 

connection with offerings of securities. 

Regulation M was intended to preclude 

manipulative conduct by persons with 

an interest in the outcome of an offering. 

Regulation M significantly eased 

regulatory burdens on offering 

participants by eliminating the trading 

restrictions for underwriters of activelytraded securities; reducing the scope of 

coverage for other securities; reducing 

restrictions on issuer plans; providing a 

more flexible framework for stabilizing 

transactions; and deregulating rights 

offerings. Consisting of five new rules, 

plus a new definitional rule, Regulation 

M replaced rules 10b–6, 10b–6A, 10b– 

7, 10b–8, and 10b–21 (‘‘trading practices 

rules’’) under the Securities Exchange 

Act of 1934 (‘‘Exchange Act’’), which 

were rescinded. In addition, related 

amendments were made to Items 502(d) 

and 508 of Regulations S–B and S–K, 

and to rules 10b–18 and 17a–2 under 

the Exchange Act. Conforming changes 

to various rules under the Securities Act 

of 1933 and the Exchange Act were 

made to reflect the repeal of the trading 

practices rules and the adoption of 

Regulation M. 

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. 34–38067, which the 

Commission approved on December 20, 

1996. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

* * * * * 

Title: Odd-Lot Tender Offers by 

Issuer. 

Citation: 17 CFR 240.13e–4. 

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

U.S.C. 78a et seq., 15 U.S.C. 79a et seq., 

15 U.S.C. 80a et seq. 

Description: The Commission adopted 

an amendment to rule 13e–4 under the 

Securities Exchange Act of 1934 

(‘‘Exchange Act’’). The amendment 

removed the rule’s requirement that an 

issuer cash tender offer made to odd-lot 

holders specify a record date of 

ownership for eligibility to tender into 

the offer. The amendment enabled 

issuers to conduct continuous, periodic, 

or extended odd-lot offers for their 

equity securities. The Commission also 

granted a class exemption from rule 

10b–13,3 and a temporary class 

exemption from rule 10b–6,4 under the 

Exchange Act to permit issuers to 

conduct odd-lot offers, to ‘‘round-up’’ 

odd-lots on behalf of odd-lot holders, 

and to make purchases of their 

securities otherwise than pursuant to 

the odd-lot offer. 

Prior Commission Determination 

Under 5 U.S.C. 601: The Chairman of 

the Commission certified in connection 

with the Proposing Release that the 

proposed amendment to Rule 13e–4 and 

the proposed class exemptions from 

Rules 10b–6 and 10b–13, if adopted, 

would not have a significant impact on 

a substantial number of small entities. 

The Commission received no comments 

on this certification. 

* * * * * 

Title: Order Execution Obligations 

(Rules 11Ac1–4 and 11Ac1–1).5

Citation: 17 CFR 240.11Aa3–1, 

240.11Ac1–1 and 240.11Ac1–4 

(renamed 17 CFR 242.601(a), 

242.602(a)(1) and 242.604). 

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

U.S.C. 78a et seq., 15 U.S.C. 79a et seq., 

15 U.S.C. 80a et seq. 

Description: The Commission adopted 

new rule 11Ac1–4 (‘‘Display Rule’’) 

under the Securities Exchange Act of 

1934 (‘‘Exchange Act’’) to require the 

display of customer limit orders priced 

better than a specialist’s or over-thecounter market maker’s quote or that 

add to the size associated with such 

quote. The Commission also adopted 

amendments to rule 11Ac1–1 (‘‘Quote 

Rule’’) under the Exchange Act to 

require a market maker to publish 

quotations for any listed security when 

it is responsible for more than 1% of the 

aggregate trading volume for that 

security and to make publicly available 

any superior prices that a market maker 

privately quotes through certain 

electronic communications networks. 

These rules were designed to address 

growing concerns about the handling of 

customer orders for securities. Finally, 

the Commission deferred action on 

proposed rule 11Ac1–5. The substance 

of this regulation remains largely intact 

in rules 602 and 604 of Regulation NMS. 

See Release No. 34–51808, 69 FR 37496 

(June 29, 2005). 

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. 34–37619A, which was 

approved by the Commission on 

September 6, 1996. Comments to the 

proposing release and Initial Regulatory 

Flexibility Analysis were considered at 

that time. 

* * * * * 

Title: Unlisted Trading Privileges. 

Citation: 17 CFR 240.12f–1, 17 CFR 

240.12f–2, 17 CFR 240.12f–3, 17 CFR 

240.12f–5, 17 CFR 240.12f–6. 

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

77j, 77s, 77eee, 77ggg, 77nnn, 77sss, 

77ttt, 78a, 78c, 78d, 78i, 78j, 78l, 78m, 

78n, 78o, 78p, 78q, 78s, 78w, 78x, 

78ll(d), 79q, 79t, 80a–20, 80a–23, 80a– 

29, 80a–37, 80b–3, 80b–4 and 80b–11. 

Description: The Commission adopted 

new rules and rule amendments to 

reduce the period that exchanges must 

wait before extending Unlisted Trading 

Privileges (‘‘UTP’’) to any listed initial 

public offering, from the third trading 

day in the security to the second trading 

day in the security. The rules also 

require exchanges to have rules and 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules 4363 

oversight mechanisms in place to ensure 

fair and orderly markets and the 

protection of investors with respect to 

UTP in any security. 

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. 34–35637, which was 

approved by the Commission on April 

21, 1995. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

Office of General Counsel 

Title: Rules of Practice. 

Citation: 17 CFR Parts 200 and 201. 

Authority: 5 U.S.C. 551, 554, 556, and 

557. 

Description: The Commission 

comprehensively revisited its Rules of 

Practice (‘‘Rules’’), the procedural rules 

that govern Commission administrative 

proceedings. The proceedings include 

enforcement proceedings initiated by 

the Commission and review of 

disciplinary proceedings brought by 

self-regulatory organizations. They also 

cover administrative temporary ceaseand-desist and disgorgement orders. The 

Rules implemented revised procedures 

for the conduct of hearings, including 

simplified service of orders instituting 

proceeding, expanded use of prehearing 

conferences, codification of policies on 

the availability of certain investigation 

files to respondents in enforcement and 

disciplinary proceedings, issuance of 

subpoenas returnable prior to hearing 

and the consideration by administrative 

law judges of dispositive motions prior 

to hearing. 

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. 34–35833, which was 

approved by the Commission on June 9, 

1995. The Commission received no 

comments on the Initial Regulatory 

Flexibility Analysis. 

Office of the Chief Accountant 

Title: Amendments to Rule 102(e): 

Appearance and practice before the 

Commission. 

Citation: 17 CFR 201.102. 

Authority: 15 U.S.C. 78a et seq. 

Description: These amendments to the 

Commission’s Rules of Practice clarify 

the Commission’s standard for 

determining when accountants engage 

in ‘‘improper professional conduct’’ 

such that the Commission can censure, 

suspend or bar accountants who appear 

and practice before it. 

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. 34–40567, which was 

approved by the Commission on 

October 19, 1998. Comments to the 

proposing release and Initial Regulatory 

Flexibility analysis were considered at 

that time. 

* * * * * 

Title: Rule 10A–1: Notice to the 

Commission pursuant to Section 10A of 

the Exchange Act. 

Citation: 17 CFR 240.10A–1. 

Authority: 15 U.S.C. 78a et seq. 

Description: These rules are designed 

to implement the reporting 

requirements in Section 10A of the 

Securities Exchange Act of 1934. 

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. 34–38387, which was 

approved by the Commission on March 

12, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

analysis were considered at that time. 

The Commission invites public 

comment on both the list and on the 

rules to be reviewed. 

By the Commission. 

Dated: January 14, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–1173 Filed 1–23–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Parts 502, 514, 531, 533, 535, 

537, 539, 556, 558, 571, and 573 

Amendments to Various National 

Indian Gaming Commission 

Regulations 

AGENCY: National Indian Gaming 

Commission, Interior. 

ACTION: Notice of extension of comment 

period. 

SUMMARY: The National Indian Gaming 

Commission (‘‘NIGC’’) announces the 

extension of the comment period on the 

proposed rule concerning various 

amendments to the National Indian 

Gaming Commission regulations. The 

proposed rule was published in the 

Federal Register on December 22, 2008 

(73 FR 78242). The NIGC is extending 

the comment period to March 9, 2009. 

DATES: Submit comments on the 

proposed various amendments to the 

National Indian Gaming Commission 

regulations on or before March 9, 2009. 

ADDRESSES: Comments can be faxed, 

mailed, or e-mailed. Mail comments to 

‘‘Comments on Administrative 

Regulations,’’ National Indian Gaming 

Commission, 1441 L St., NW., 

Washington, DC 20005, Attn: Rebecca 

Chapman, Office of General Counsel. 

Comments may be faxed to 202–632– 

7066 (not a toll-free number). Comments 

may be sent electronically to 

adminregs@nigc.gov. Comments may 

also be submitted through the Federal 

eRulemaking portal at 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Chapman, Staff Attorney, 

Office of General Counsel, at (202) 632– 

7003; fax (202) 632–7066 (not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: Congress 

established the National Indian Gaming 

Commission under the Indian Gaming 

Regulatory Act of 1988 (25 U.S.C. 2701– 

21) (‘‘IGRA’’) to regulate gaming on 

Indian lands. The NIGC issued a 

proposed rule updating various NIGC 

regulations and streamlining 

procedures. The NIGC then published it 

in the Federal Register on December 22, 

2008 (73 FR 78242). The proposed rule 

provided for public comments to be 

submitted by February 5, 2009. The 

NIGC is extending the comment period 

to March 9, 2009. Comments should be 

submitted on or before that date. 

Dated: January 14, 2009. 

Philip N. Hogen, 

Chairman, National Indian Gaming 

Commission. 

Norman H. DesRosiers, 

Vice Chairman, National Indian Gaming 

Commission. 

[FR Doc. E9–1346 Filed 1–23–09; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

[Docket No. OSHA–2007–0066] 

RIN 1218–AC01 

Cranes and Derricks in Construction 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Proposed rule; notice of hearing. 

SUMMARY: OSHA is convening an 

informal public hearing to receive