11536 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations

1 17 CFR 200.30–3.

2 17 CFR 240.11Ac1–5.

3 17 CFR 240.11Ac1–6. 4 5 U.S.C. 553(b)(3)(A).

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 200

[Rel. No. 34–43985]

Delegation of Authority to the Director

of the Division of Market Regulation

AGENCY: Securities and Exchange

Commission.

ACTION: Final rule.

SUMMARY: The Securities and Exchange

Commission is amending its rules to

delegate authority to the Director of the

Division of Market Regulation to grant

or deny exemptions from the provisions

of the Execution Quality Disclosure

Rules (Rule 11Ac1–5 and Rule 11Ac1–

6 under the Securities Exchange Act of

1934). This delegation will facilitate the

timely implementation of the Execution

Quality Disclosure Rules.

EFFECTIVE DATE: February 26, 2001.

FOR FURTHER INFORMATION CONTACT:

Susie Cho, Attorney at (202) 942–9748,

Office of Market Supervision, Division

of Market Regulation, Securities and

Exchange Commission, 450 Fifth Street,

NW., Washington, DC 20549–1001.

SUPPLEMENTARY INFORMATION: The

Securities and Exchange Commission

(‘‘Commission’’) has adopted an

amendment to Rule 30–3 of its Rules of

Organization and Program Management

governing Delegations of Authority to

the Director of the Division of Market

Regulation (‘‘Director’’).1 The

amendment adds new paragraph (a)(69)

and new paragraph (a)(70) to Rule 30–

3 authorizing the Director to grant or

deny exemptions from the provisions of,

respectively, Rule 11Ac1–5 2 and Rule

11Ac1–6.3

Under Rule 11Ac1–5, market centers

that trade national market system

securities are required to make available

to the public monthly electronic reports

that include uniform statistical measure

of execution quality. Under Rule

11Ac1–6, broker-dealers that route

customer orders in equity and option

securities are required, among other

things, to make publicly available

quarterly reports that identify the

venues to which customer orders are

routed for execution. Paragraph (c) of

Rule 11Ac1–5 and paragraph (d) of Rule

11Ac1–6 provide that the Commission

may, by order upon application,

conditionally or unconditionally

exempt any person, security, or

transaction, or any class of persons,

securities, or transactions, from any

provision or provisions of the respective

rules, if the Commission determines that

such exemption is necessary or

appropriate in the public interest, and is

consistent with the protection of

investors.

The delegation of authority to the

Director is intended to conserve

Commission resources by permitting

Division staff to grant or deny

exemptions, where appropriate and in a

timely manner, from the provisions of

Rule 11Ac1–5 and Rule 11Ac1–6. The

Commission anticipates that the

delegation of authority will facilitate the

timely implementation of the rules,

particularly Rule 11Ac1–5, whose initial

compliance date is April 2, 2001.

Nevertheless, the staff may submit

matters to the Commission for

consideration as it deems appropriate.

The Commission does not expect that

exemptions from Rule 11Ac1–5 and

Rule 11Ac1–6 will be routinely issued.

The Commission finds, in accordance

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

Administrative Procedure Act,4 that

these amendments relate solely to

agency organization, procedure, or

practice, and do not relate to a

substantive rule. Accordingly, notice,

opportunity for public comment, and

publication of the amendment prior to

its effective date are unnecessary.

List of Subjects in 17 CFR Part 200

Administrative practice and

procedure, Authority delegations

(Government agencies), Organization

and functions (Government agencies).

Text of Amendment

In accordance with the preamble, the

Commission hereby amends Title 17,

Chapter II of the Code of Federal

Regulations as follows:

PART 200—ORGANIZATION,

CONDUCT AND ETHICS, AND

INFORMATION AND REQUESTS

Subpart A—Organization and Program

Management

1. The authority citation for Part 200,

subpart A, continues to read, in part, as

follows:

Authority: 15 U.S.C. 77s, 78d–1, 78d–2,

78w, 78ll(d), 78mm, 79t, 77sss, 80a–37, 80b–

11, unless otherwise noted.

* * * * *

2. Section 200.30–3 is amended by

adding paragraphs (a)(69) and (a)(70) to

read as follows:

§ 200.30–3 Delegation of authority to

Director of Division of Market Regulation.

* * * * *

(a) * * *

(69) Pursuant to paragraph (c) of Rule

11Ac1–5 (17 CFR 240.11Ac1–5), to grant

or deny exemptions, conditionally or

unconditionally, from any provision or

provisions of Rule 11Ac1–5.

(70) Pursuant to paragraph (d) of Rule

11Ac1–6 (17 CFR 240.11Ac1–6), to grant

or deny exemptions, conditionally or

unconditionally, from any provision or

provisions of Rule 11Ac1–6.

* * * * *

Dated: February 20, 2001.

By the Commission.

Margaret H. McFarland,

Secretary.

[FR Doc. 01–4648 Filed 2–23–01; 8:45 am]

BILLING CODE 8010–01–U

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 33

[Docket No. RM98–4–000; Order No. 642]

Revised Filing Requirements Under

Part 33 of the Commission’s

Regulations

Issued February 15, 2001.

AGENCY: Federal Energy Regulatory

Commission, DOE.

ACTION: Final rule; notice of

confirmation of effective date.

SUMMARY: This document informs the

industry and the public that Order No.

642, a Final Rule revising the filing

requirements in Part 33 of the

Commission’s regulations for

applications, including public utility

mergers, under Section 203 of the

Federal Power Act (65 FR 70984 (Nov.

28, 2000)) has been reviewed, and the

order’s January 29, 2001 effective date

will not be postponed.

DATES: The effective date of the Final

Rule revising 18 CFR part 33 published

at 65 FR 70984 remains January 29,

2001.

FOR FURTHER INFORMATION CONTACT:

Diana Moss, Office of Markets, Tariffs

and Rates, Federal Energy Regulatory

Commission, 888 First Street, NE.,

Washington, DC 20426, (202) 208–0087.

SUPPLEMENTARY INFORMATION: This

notice informs the industry and the

public that the Federal Energy

Regulatory Commission (Commission)

has reviewed Order No. 642 and

determined not to delay the order’s

January 29, 2001 effective date.

Order No. 642, a Final Rule amending

the filing requirements in Part 33 of the

Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations 11537

Commission’s regulations for

applications, including public utility

mergers, under Section 203 of the

Federal Power Act, was published in the

Federal Register (65 FR 70984 (Nov. 28,

2000)) with a January 29, 2001 effective

date.

The January 20, 2001 memorandum

directed the heads of executive

departments and federal government

agencies to postpone the effective date

of regulations published in the Federal

Register but which had not yet taken

effect for 60 days to ensure that his

appointees or their designates had an

opportunity to review any new or

pending regulations (66 FR 7702,

January 24, 2001).

The Commission has reviewed Order

No. 642, and determined not to delay its

effective date. Order No. 642, therefore,

will continue to be effective on January

29, 2001.

David P. Boergers,

Secretary.

[FR Doc. 01–4353 Filed 2–23–01; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Parts 352, 357, and 385

[Docket No. RM99–10–000; Order No. 620]

Revisions to and Electronic Filing of

the FERC Form No. 6 and Related

Uniform System of Accounts

Issued February 15, 2001.

AGENCY: Federal Energy Regulatory

Commission, DOE.

ACTION: Final rule; notice of

confirmation of effective date.

SUMMARY: This document informs the

industry and the public that Order No.

620, revisions to and electronic filing of

the FERC Form No. 6 and related

uniform system of accounts, a Final

Rule amending Parts 352, 357, and 385

of the Federal Energy Regulatory

Commission’s regulations, and revising

the associated reporting Form No. 6

schedules and instructions (65 FR 81334

(Dec. 26, 2000)) has been reviewed, and

the order’s January 25, 2001 effective

date will not be postponed.

DATES: The effective date of the final

rule amending 18 CFR parts 352, 357,

and 385 published at 65 FR 81335

remains January 25, 2001.

FOR FURTHER INFORMATION CONTACT:

Mary C. Lauermann, Office of the

Executive Director, Federal Energy

Regulatory Commission, 888 First Street

NE., Washington, DC 20426, (202) 208–

0087.

SUPPLEMENTARY INFORMATION:

This notice informs the industry and

the public that the Federal Energy

Regulatory Commission (Commission)

has reviewed Order No. 620 and

determined not to delay the order’s

January 25, 2001 effective date.

Order No. 620, a Final Rule amending

Parts 352, 357, and 385 of the

Commission’s regulations, and revising

the associated reporting Form No. 6

schedules and instructions, was

published in the Federal Register (65

FR 81335 (Dec. 26, 2000)) with a

January 25, 2001 effective date.

The January 20, 2001 memorandum

directed the heads of executive

departments and federal government

agencies to postpone the effective date

of regulations published in the Federal

Register, but which had not yet taken

effect, for 60 days to ensure that his

appointees or their designates had an

opportunity to review any new or

pending regulations (66 FR 7702,

January 24, 2001).

The Commission has reviewed Order

No. 620, and determined not to delay its

effective date. Order No. 620, therefore,

will continue to be effective on January

25, 2001.

David P. Boergers,

Secretary.

[FR Doc. 01–4352 Filed 2–23–01; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 9

[T.D. ATF–440 Re: Notice No. 900]

RIN: 1512–AA07

Fair Play Viticultural Area (2000R–

170P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Final rule, Treasury decision.

SUMMARY: The Bureau of Alcohol,

Tobacco and Firearms (ATF) is

establishing a viticultural area located

in southern El Dorado County,

California, to be known as ‘‘Fair Play.’’

Brian Fitzpatrick, President of Fair Play

Winery Association, filed the petition

for this area. ATF believes that the

establishment of viticultural areas and

the subsequent use of viticultural area

names as appellations of origin in wine

labeling and advertising will help

consumers identify the wines they may

purchase. It will also allow wineries to

better designate the specific grapegrowing area in which the grapes used

in their wine were grown.

EFFECTIVE DATE: April 27, 2001.

FOR FURTHER INFORMATION CONTACT: Lisa

M. Gesser, Regulations Division, Bureau

of Alcohol, Tobacco and Firearms, 650

Massachusetts Avenue, NW,

Washington, DC 20226 (202–927–9347).

SUPPLEMENTARY INFORMATION:

1. Background on Viticultural Areas

What Is ATF’s Authority To Establish a

Viticultural Area?

ATF published Treasury Decision

ATF–53 (43 FR 37672, 54624) on

August 23, 1978. This decision revised

the regulations in 27 CFR part 4,

Labeling and Advertising of Wine, to

allow the establishment of definitive

viticultural areas. The regulations allow

the name of an approved viticultural

area to be used as an appellation of

origin in the labeling and advertising of

wine.

On October 2, 1979, ATF published

Treasury Decision ATF–60 (44 FR

56692) which added 27 CFR part 9,

American Viticultural Areas, for the

listing of approved American

viticultural areas, the names of which

may be used as appellations of origin.

What Is the Definition of an American

Viticultural Area?

Section 4.25a(e)(1), title 27, CFR,

defines an American viticultural area as

a delimited grape-growing region

distinguishable by geographical

features. Viticultural features such as

soil, climate, elevation, topography, etc.,

distinguish it from surrounding areas.

What Is Required To Establish a

Viticultural Area?

Any interested person may petition

ATF to establish a grape-growing region

as a viticultural area. The petition

should include:

• Evidence that the name of the

proposed viticultural area is locally

and/or nationally known as referring to

the area specified in the petition;

• Historical or current evidence that

the boundaries of the viticultural area

are as specified in the petition;

• Evidence relating to the

geographical features (climate, soil,

elevation, physical features, etc.) which

distinguish the viticultural features of

the proposed area from surrounding

areas;

• A description of the specific

boundaries of the viticultural area,

based on features which can be found