Regulatory Agenda Semiannual Regulatory Agenda

December 7, 2009 (Volume 74, Number 233)

Unified Agenda

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID: f:ua091221.wais

Page 64576-64583

Securities and Exchange Commission

Part XXI

Semiannual Regulatory Agenda

Page 64576

SECURITIES AND EXCHANGE COMMISSION (SEC)

SECURITIES AND EXCHANGE COMMISSION 17 CFR Ch. II

Release Nos. 33-9082, 34-60955, IA-2947, IC-28992, File No. S7-26-09

Regulatory Flexibility Agenda

AGENCY: Securities and Exchange Commission.

ACTION: Semiannual regulatory agenda.

SUMMARY: The Securities and Exchange Commission is publishing an agenda of its rulemaking actions pursuant to the Regulatory Flexibility Act

(RFA) (Pub. L. No. 96-354, 94 Stat. 1164) (Sep. 19, 1980). Information in the agenda was accurate on November 6, 2009, the day on which the

Commission's staff completed compilation of the data. To the extent possible, rulemaking actions by the Commission since that date have been reflected in the agenda. The Commission invites questions and public comment on the agenda and on the individual agenda entries.

The Commission is now printing in the Federal Register, along with our preamble, only those agenda entries for which we have indicated that preparation of a Regulatory Flexibility Act analysis is required.

The Commission's complete RFA agenda will be available online at www.reginfo.gov.

DATES: Comments should be received on or before December 31, 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 rule-comments@sec.gov. Please include File

Number S7-26-09 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. S7-26-09. 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 are also 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 10:00 a.m. and 3:00 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 RFA requires each Federal agency, during

April and October of each year, to publish in the Federal Register an agenda identifying rules that the agency expects to consider in the next 12 months that are likely to have a significant economic impact on a substantial number of small entities (5 U.S.C. 602(a)). The RFA specifically provides that publication of the agenda does not preclude an agency from considering or acting on any matter not included in the agenda and that an agency is not required to consider or act on any matter that is included in the agenda (5 U.S.C. 602(d)). Actions that do not have an estimated date are placed in the long-term category; the

Commission may nevertheless act on items in that category within the next 12 months. The agenda includes new entries, entries carried over from prior publications, and rulemaking actions that have been completed (or withdrawn) since publication of the last agenda.

The following abbreviations for the acts administered by the

Commission are used in the agenda:

``Securities Act''--Securities Act of 1933

``Exchange Act''--Securities Exchange Act of 1934

``Investment Company Act''--Investment Company Act of 1940

``Investment Advisers Act''--Investment Advisers Act of 1940

The Commission invites public comment on the agenda and on the individual agenda entries.

By the Commission.

Dated: November 6, 2009.

Elizabeth M. Murphy,

Secretary.

DIVISION OF CORPORATION FINANCE--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

578

Revisions to Regulation D............................................................. 3235-AK52

DIVISION OF CORPORATION FINANCE--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

579

Proxy Disclosure and Solicitation Enhancements........................................ 3235-AK28 580

Amendments to Rules Requiring Internet Availability of Proxy Materials................ 3235-AK25

Page 64577

DIVISION OF CORPORATION FINANCE--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

581

Revisions of Limited Offering Exemptions in Regulation D.............................. 3235-AJ88 582

Proxy Disclosure Regarding Executive Compensation and Related Party Transactions...... 3235-AI80

DIVISION OF INVESTMENT MANAGEMENT--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

583

Indexed Annuities and Certain Other Insurance Contracts............................... 3235-AK49

DIVISION OF INVESTMENT MANAGEMENT--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

584

Amendments to Form ADV................................................................ 3235-AI17 585

Temporary Rule Regarding Principal Trades With Certain Advisory Clients............... 3235-AJ96 586

Interagency Proposal for Model Privacy Form Under the Gramm-Leach-Bliley Act.......... 3235-AJ06

DIVISION OF INVESTMENT MANAGEMENT--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

587

Political Contributions by Certain Investment Advisers................................ 3235-AH72 588

Regulation S-AM: Limitations on Affiliate Marketing................................... 3235-AJ24

DIVISION OF TRADING AND MARKETS--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

589

Publication or Submission of Quotations Without Specified Information................. 3235-AH40

DIVISION OF TRADING AND MARKETS--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

590

Proposed Amendment to Municipal Securities Disclosure................................. 3235-AJ66 591

Nationally Recognized Statistical Rating Organizations................................ 3235-AK14

DIVISION OF TRADING AND MARKETS--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

592

Rule 15c2-2: Confirmation of Transactions in Open-End Management Investment Company

3235-AJ11

Shares, Unit Investment Trust Interests, and Municipal Fund Securities Used for

Education Savings..................................................................... 593

Rule 15c2-3: Point-of-Sale Disclosure of Purchases in Open-End Management Investment

3235-AJ12

Company Shares, Unit Investment Trust Interests, and Municipal Fund Securities Used for Education Savings................................................................. 594

Rule 15c-100: Schedule 15C............................................................ 3235-AJ13 595

Rule 15c-101: Schedule 15D............................................................ 3235-AJ14

Page 64578

596

Processing of Reorganization Events, Tender Offers, and Exchange Offers............... 3235-AH53

DIVISION OF TRADING AND MARKETS--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

597

Amendments to Regulation SHO.......................................................... 3235-AK22

Securities and Exchange Commission (SEC)

Proposed Rule Stage

Division of Corporation Finance

  1. REVISIONS TO REGULATION D

    Legal Authority: 15 USC 77b(a0(15); 15 USC 77b(b); 15 USC 77d; 15 USC 77r; 15 USC 77s; 15 USC 77s(a); 15 USC 77z-3

    Abstract: The Division is considering recommending that the Commission propose revisions to Regulation D, including, among other things, revisions to the accredited investor eligibility standards.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/00/10

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Anthony G. Barone, Division of Corporation Finance,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-3460

    RIN: 3235-AK52

    Securities and Exchange Commission (SEC)

    Final Rule Stage

    Division of Corporation Finance

  2. PROXY DISCLOSURE AND SOLICITATION ENHANCEMENTS

    Legal Authority: 15 USC 78n

    Abstract: The Commission proposed amendments to enhance disclosure in the proxy statement, including information about directors.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/17/09

    74 FR 35976

    NPRM Comment Period End

    09/15/09

    Final Action

    12/00/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Sean Harrison, Division of Corporation Finance,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-3430

    Email: harrisons@sec.gov

    RIN: 3235-AK28

  3. AMENDMENTS TO RULES REQUIRING INTERNET AVAILABILITY OF PROXY

    MATERIALS

    Legal Authority: 15 USC 78c(b); 15 USC 78j; 15 USC 78m; 15 USC 78n; 15

    USC 78o; 15 USC 78w(a); 15 USC 78mm; 15 USC 80a-20; 15 USC 80a-29; 15

    USC 80a-37

    Abstract: The Commission proposed revisions to the notice and access model for providing proxy materials to shareholders electronically.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/21/09

    74 FR 53954

    NPRM Comment Period End

    11/20/09

    Final Action

    12/00/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Steven Hearne, Division of Corporation Finance,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-3430

    RIN: 3235-AK25

    Page 64579

    Securities and Exchange Commission (SEC)

    Completed Actions

    Division of Corporation Finance

  4. REVISIONS OF LIMITED OFFERING EXEMPTIONS IN REGULATION D

    Legal Authority: 15 USC 77b(a)(15); 15 USC 77b(b); 15 USC 77c(b); 15

    USC 77d; 15 USC 77r; 15 USC 77s; 15 USC 77s(a); 15 USC 77z-3

    Abstract: The Commission is withdrawing this item because of the passage of time since the Notice of Proposed Rulemaking, but see RIN 3235-AK52.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/10/07

    72 FR 45116

    NPRM Comment Period End

    10/09/07

    Withdrawn

    10/01/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Anthony G. Barone, Division of Corporation Finance,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-3460

    RIN: 3235-AJ88

  5. PROXY DISCLOSURE REGARDING EXECUTIVE COMPENSATION AND RELATED PARTY

    TRANSACTIONS

    Legal Authority: 15 USC 77a et seq; 15 USC 78a et seq; 15 USC 80a et seq

    Abstract: The Commission is withdrawing this item from the Agenda because the topic is partially addressed in item 3235-AK28 and because it does not expect to consider this item within the next 12 months, but the Commission may consider the item at a future date.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    02/08/06

    71 FR 6542

    NPRM Comment Period End

    04/10/06

    Final Rule

    09/08/06

    71 FR 53158

    Final Rule Effective

    11/07/06

    Second NPRM

    09/08/06

    71 FR 53267

    Second NPRM Comment Period End 10/23/06

    Interim Final Rule

    12/29/06

    71 FR 78338

    Interim Final Rule Effective 12/29/06

    Interim Final Rule Comment

    Period End

    01/29/07

    Withdrawn

    10/01/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Anne Krauskopf, Division of Corporation Finance,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-3500

    RIN: 3235-AI80

    Securities and Exchange Commission (SEC)

    Proposed Rule Stage

    Division of Investment Management

  6. INDEXED ANNUITIES AND CERTAIN OTHER INSURANCE

    CONTRACTS

    Legal Authority: 15 USC 77c(a)(8); 15 USC 77s(a); 15 USC 78l(h); 15 USC 78o; 15 USC 78w(a); 15 USC 78mm

    Abstract: A Federal appeals court issued an opinion on July 21, 2009, remanding SEC Rule 151A. A party has petitioned the court for panel rehearing, and that petition is currently pending. The Commission staff is evaluating what recommendation to make to the Commission on how to respond to the court's decision.

    Timetable:

    Action

    Date

    FR Cite

    Action

    10/00/10

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Michael Kosoff, Division of Investment Management,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-6754

    Fax: 202 772-9285

    Email: kosoffm@sec.gov

    RIN: 3235-AK49

    Securities and Exchange Commission (SEC)

    Final Rule Stage

    Division of Investment Management

  7. AMENDMENTS TO FORM ADV

    Legal Authority: 15 USC 80b-4, 80b-6(4), 80b-ll(a), 80b-3(c)(1); 15 USC 77s(a); 15 USC 78(wa), 78bb(e)(2); 15 USC 77sss(a); 15 USC 78a-37(a)

    Abstract: The Commission proposed amendments to Form ADV part 2 to require registered investment advisers to deliver to clients and prospective clients a brochure written in plain English.

    The amendments are designed to require advisers to provide clients and prospective clients with clear, current, and more meaningful disclosure of the business practices, conflicts of interest, and background of investment advisers and their advisory personnel. Under the proposal, advisers would file their brochures with the Commission electronically, and the brochures would be available to the public through the

    Commission's Web site.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/17/00

    65 FR 20524

    NPRM Comment Period End

    06/03/00

    Second NPRM

    03/14/08

    73 FR 13958

    Second NPRM Comment Period End 05/16/08

    Final Action

    02/00/10

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Sarah Ten Siethoff, Division of Investment Management,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-6729

    Email: tensiethoffs@sec.gov

    RIN: 3235-AI17

    Page 64580

  8. TEMPORARY RULE REGARDING PRINCIPAL TRADES WITH CERTAIN ADVISORY

    CLIENTS

    Legal Authority: 15 USC 80b-6a; 15 USC 80b-11(a)

    Abstract: The Commission adopted an interim final temporary rule that will expire on December 31, 2009, to provide an alternative means for investment advisers who are registered with the Commission as broker- dealers to meet the requirements of section 206(3) of the Investment

    Advisers Act when acting in a principal capacity in transactions with certain of their advisory clients.

    As contemplated in the temporary rule release, the Division has been assessing the operation of the temporary rule as well as public comment letters.

    Timetable:

    Action

    Date

    FR Cite

    Interim Final Rule

    09/28/07

    72 FR 55022

    Interim Final Rule Effective 09/30/07

    Interim Final Rule Comment

    Period End

    11/30/07

    Interim Final Rule Extension 12/00/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Matthew Goldin, Division of Investment Management,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-6726

    Fax: 202 772-9284

    Email: goldinm@sec.gov

    RIN: 3235-AJ96

  9. INTERAGENCY PROPOSAL FOR MODEL PRIVACY FORM UNDER THE GRAMM-LEACH-

    BLILEY ACT

    Legal Authority: 15 USC 6804; 15 USC 78q and 78W; 15 USC 80a-30 and 80a-37; 15 USC 80b-4 and 80b-11

    Abstract: The Commission, together with the Federal Reserve Board,

    Federal Deposit Insurance Corporation, Federal Trade Commission,

    National Credit Union Administration, Office of the Comptroller of the

    Currency, Office of Thrift Supervision and Commodity Futures Trading

    Commission (the Agencies), requested comment on whether the Agencies should consider amending the regulations that implement the privacy provisions of the Gramm-Leach-Bliley Act (``GLBA'') to allow or require financial institutions to provide alternative types of privacy notices that would be easier for consumers to understand.

    Pursuant to the Financial Services Regulatory Relief Act, the Agencies proposed a model form that may be used at the option of financial institutions to comply with disclosures required under the privacy provision of GLBA. The Commission reopened the comment period on the proposed model privacy notice to solicit public comment on data and a report on consumer testing of a revised version of the proposed model privacy form.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    12/30/03

    68 FR 75165

    ANPRM Comment Period End

    03/29/04

    NPRM

    03/29/07

    72 FR 14490

    NPRM Comment Period End

    05/29/07

    Second NPRM

    04/20/09

    74 FR 17925

    Second NPRM Comment Period End 05/20/09

    Final Action

    12/00/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Thoreau Adrian Bartmann, Division of Investment

    Management, Securities and Exchange Commission, 100 F Street NE,

    Washington, DC 20549

    Phone: 202 551-6792

    Email: bartmannt@sec.gov

    RIN: 3235-AJ06

    Securities and Exchange Commission (SEC)

    Completed Actions

    Division of Investment Management

  10. POLITICAL CONTRIBUTIONS BY CERTAIN INVESTMENT ADVISERS

    Legal Authority: 15 USC 204; 15 USC 206(4); 15 USC 211(a)

    Abstract: The Commission is withdrawing this item from the Agenda because the topic is addresssed under RIN 3235-AK39.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/10/99

    64 FR 43556

    NPRM Comment Period End

    11/01/99

    Withdrawn

    08/07/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Daniel Seth Kahl, Division of Investment Management,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-6730

    Email: kahld@sec.gov

    RIN: 3235-AH72

  11. REGULATION S-AM: LIMITATIONS ON AFFILIATE MARKETING

    Legal Authority: PL 108-159, 117 Stat 1952, 214, 216

    Abstract: In response to the Fair and Accurate Credit Transactions Act of 2003, the Commission adopted amendments to Regulation S-P concerning the disposal of consumer report information and Regulation S-AM, which relates to limitations on affiliate marketing. The Commission initially adopted the disposal amendments, and then adopted proposed Regulation

    S-AM.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/14/04

    69 FR 42302

    NPRM Comment Period End

    08/13/04

    Second NPRM

    09/20/04

    69 FR 56304

    Second NPRM Comment Period End 10/20/04

    Final Rule

    12/08/04

    69 FR 71322

    Final Rule Effective

    01/11/05

    Second Final Rule

    08/11/09

    74 FR 40398

    Final Rule Effective

    09/10/09

    Compliance Date Extended

    11/12/09

    74 FR 58204

    Extended Compliance Date

    01/01/10

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Thoreau Adrian Bartmann, Division of Investment

    Management, Securities and Exchange

    Page 64581

    Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-6792

    Email: bartmannt@sec.gov

    RIN: 3235-AJ24

    Securities and Exchange Commission (SEC)

    Proposed Rule Stage

    Division of Trading and Markets

  12. PUBLICATION OR SUBMISSION OF QUOTATIONS WITHOUT SPECIFIED

    INFORMATION

    Legal Authority: 15 USC 78c; 15 USC 78j(b); 15 USC 78o(c); 15 USC 78o(g); 15 USC 78q(a); 15 USC 78w(a)

    Abstract: As part of its efforts to respond to fraud and manipulation in the microcap securities market, the Commission proposed amendments to Rule 15c2-11. These amendments would limit the rule's piggyback provision and increase public availability of issuer information. The amendments would expand the information review requirements for non- reporting issuers and the documentation required for significant relationships between the broker-dealer and the issuer of the security to be quoted. Finally, the amendments would exclude from the rule securities of larger, more liquid issuers.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    02/25/98

    63 FR 9661

    NPRM Comment Period End

    04/27/98

    Second NPRM

    03/08/99

    64 FR 11124

    Second NPRM Comment Period End 04/07/99

    Second NPRM Comment Period

    Extended

    04/14/99

    64 FR 18393

    Comment Period End

    05/08/99

    Supplemental NPRM

    09/00/10

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Victoria L. Crane, Division of Trading and Markets,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-5744

    Fax: 202 772-9355

    Email: cranev@sec.gov

    RIN: 3235-AH40

    Securities and Exchange Commission (SEC)

    Final Rule Stage

    Division of Trading and Markets

  13. PROPOSED AMENDMENT TO MUNICIPAL SECURITIES DISCLOSURE

    Legal Authority: 15 USC 78b; 15 USC 78c(b); 15 USC 78j; 15 USC 78o(c); 15 USC 78o-4; 15 USC 78q; 15 USC 78w(a)(1)

    Abstract: The Commission proposed amending Rule 15c2-12 under section 15 of the Exchange Act to improve the system of continuing disclosure previously established by Rule 15c2-12.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/24/09

    74 FR 36832

    NPRM Comment Period End

    09/08/09

    Final Action

    12/00/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Martha Mahan Haines, Division of Trading and Markets,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-5681

    Fax: 703 772-9274

    Email: hainesm@sec.gov

    RIN: 3235-AJ66

  14. NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONS

    Legal Authority: 15 USC 78o-7; 15 USC 89q

    Abstract: The Commission adopted rule amendments that impose additional requirements on nationally recognized statistical rating organizations

    (``NRSROs'') in order to address concerns about the integrity of their credit rating procedures and methodologies in light of the role they played in determining credit ratings for securities collateralized by or linked to subprime residential mortgages.

    The Commission simultaneously proposed rule amendments regarding the disclosure of ratings history. The proposed rules include reproposals of certain amendments to Rule 17g-5. The Division is considering recommending that the Commission adopt certain parts of the proposal.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/25/08

    73 FR 36212

    NPRM Comment Period End

    07/25/08

    Final Rule

    02/09/09

    74 FR 6465

    Second NPRM

    02/09/09

    74 FR 6485

    Second NPRM Comment Period End 03/26/09

    Final Action

    12/00/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Sheila Swartz, Division of Trading and Markets,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-5545

    Fax: 202 772-9273

    Email: swarts@sec.gov

    RIN: 3235-AK14

    Page 64582

    Securities and Exchange Commission (SEC)

    Long-Term Actions

    Division of Trading and Markets

  15. RULE 15C2-2: CONFIRMATION OF TRANSACTIONS IN OPEN-END MANAGEMENT

    INVESTMENT COMPANY SHARES, UNIT INVESTMENT TRUST INTERESTS, AND

    MUNICIPAL FUND SECURITIES USED FOR EDUCATION SAVINGS

    Legal Authority: 15 USC 78j; 15 USC 78k; 15 USC 78o; 15 USC 78q; 15 USC 78w(a); 15 USC 78mm

    Abstract: The Commission proposed new Rule 15c2-2 under the Exchange

    Act, together with accompanying Schedule 15C. The Commission also proposed related amendments to Rule 10b-10. Proposed Rule 15c2-2 and

    Schedule 15C would provide for improved confirmation disclosure of distribution costs and conflicts of interest associated with transactions in mutual funds, municipal fund securities, and unit investment trusts. The amendments to Rule 10b-10 in part would reflect the new rule and would provide improved confirmation disclosure about certain callable securities. They also would clarify that the confirmation disclosure requirements do not determine broker-dealer disclosure obligations under other provisions of the law.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    02/10/04

    69 FR 6438

    NPRM Comment Period End

    04/12/04

    NPRM Comment Period Extended 03/04/05

    70 FR 10521

    NPRM Comment Period End

    04/04/05

    Next Action Undetermined

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Alicia Goldin, Division of Trading and Markets,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-5618

    Fax: 202 772-9270

    Email: goldina@sec.gov

    RIN: 3235-AJ11

  16. RULE 15C2-3: POINT-OF-SALE DISCLOSURE OF PURCHASES IN OPEN-END

    MANAGEMENT INVESTMENT COMPANY SHARES, UNIT INVESTMENT TRUST INTERESTS,

    AND MUNICIPAL FUND SECURITIES USED FOR EDUCATION SAVINGS

    Legal Authority: 15 USC 78j; 15 USC 78k; 15 USC 78o; 15 USC 78q; 15 USC 78w(a); 15 USC 78mm

    Abstract: The Commission proposed new Rule 15c2-3 under the Exchange

    Act, together with accompanying Schedule 15D. Proposed Rule 15c2-3 and

    Schedule 15D would provide for pre-transaction ``point of sale'' disclosure of distribution costs and conflicts of interest associated with transactions in mutual funds, municipal fund securities, and unit investment trusts.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    02/10/04

    69 FR 6438

    NPRM Comment Period End

    04/12/04

    NPRM Comment Period Extended 03/04/05

    70 FR 10521

    NPRM Comment Period End

    04/04/05

    Next Action Undetermined

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Alicia Goldin, Division of Trading and Markets,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-5618

    Fax: 202 772-9270

    Email: goldina@sec.gov

    RIN: 3235-AJ12

  17. RULE 15C-100: SCHEDULE 15C

    Legal Authority: 15 USC 78j; 15 USC 78k; 15 USC 78o; 15 USC 78q; 15 USC 78w(a); 15 USC 78mm

    Abstract: The Commission proposed new Schedule 15C and Rules 15c2-2 and 15c2-3 under the Exchange Act, together with accompanying Schedule 15D.

    The Commission also proposed related amendments to Rule 10b-10.

    Proposed Rules 15c2-2 and 15c2-3 and Schedules 15C and 15D would provide for improved confirmation and pre-transaction ``point of sale'' disclosure of distribution costs and conflicts of interest associated with transactions in mutual funds, municipal fund securities, and unit investment trusts. The amendments to Rule 10b-10 in part would reflect the new rules and would provide improved confirmation disclosure about certain callable securities. They also would clarify that the confirmation disclosure requirements do not determine broker-dealer disclosure obligations under other provisions of the law.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    02/10/04

    69 FR 6438

    NPRM Comment Period End

    04/12/04

    NPRM Comment Period Extended 03/04/05

    70 FR 10521

    NPRM Comment Period End

    04/04/05

    Next Action Undetermined

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Alicia Goldin, Division of Trading and Markets,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-5618

    Fax: 202 772-9270

    Email: goldina@sec.gov

    RIN: 3235-AJ13

  18. RULE 15C-101: SCHEDULE 15D

    Legal Authority: 15 USC 78j; 15 USC 78k; 15 USC 78o; 15 USC 78q; 15 USC 78w(a); 15 USC 78mm

    Abstract: The Commission proposed new Rule 15c2-3 under the Exchange

    Act, together with accompanying Schedule 15D. Proposed Rule 15c2-3 and

    Schedule 15D would provide for pre-transaction ``point of sale'' disclosure of distribution costs and conflicts of interest associated with transactions in mutual funds, municipal fund securities, and unit investment trusts.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    02/10/04

    69 FR 6438

    NPRM Comment Period End

    04/12/04

    NPRM Comment Period Extended 03/04/05

    70 FR 10521

    NPRM Comment Period End

    04/04/05

    Next Action Undetermined

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Alicia Goldin, Division of Trading and Markets,

    Page 64583

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-5618

    Fax: 202 772-9270

    Email: goldina@sec.gov

    RIN: 3235-AJ14

  19. PROCESSING OF REORGANIZATION EVENTS, TENDER OFFERS, AND EXCHANGE

    OFFERS

    Legal Authority: 15 USC 78b; 15 USC 78k-1(a)(1)(B); 15 USC 78n(d)(4); 15 USC 78o(c)(3); 15 USC 78o(c)(6); 15 USC 78q-1(a); 15 USC 78q- 1(d)(1); 15 USC 78w(a)

    Abstract: The Commission proposed amendments to Rule 17Ad-14 under the

    Exchange Act. The amendments would require the establishment of book- entry accounts in connection with reorganization events and would give securities depositories up to 3 business days after the expiration of a tender offer, exchange offer, or reorganization event to deliver physical securities certificates to the agents.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/04/98

    63 FR 47209

    NPRM Comment Period End

    11/03/98

    Next Action Undetermined

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Jerry Carpenter, Division of Market Regulation,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-5710

    Fax: 202 772-9270

    Email: carpenterj@sec.gov

    RIN: 3235-AH53

    Securities and Exchange Commission (SEC)

    Completed Actions

    Division of Trading and Markets

  20. AMENDMENTS TO REGULATION SHO

    Legal Authority: 15 USC 78b and 78c(b); 15 USC 78F; 15 USC 78j; 15 USC 78k-1; 15 USC 78l(h); 15 USC 78o and 78o-3; 15 USC 78q and 78q-1; 15

    USC 78s; 15 USC 78w(a)

    Abstract: The Commission adopted a final rule that made permanent an interim final rule, Rule 204T, to address abusive ``naked'' short selling in all equity securities by requiring that participants of a clearing agency registered with the Commission deliver securities by settlement date, or if the participants have not delivered shares by settlement date, immediately purchase or borrow securities to close out the fail to deliver position by no later than the beginning of regular trading hours on the settlement day following the day the participant incurred the fail to deliver position.

    Timetable:

    Action

    Date

    FR Cite

    Interim Final Rule

    10/17/08

    73 FR 61706

    Interim Final Rule Effective 10/17/08

    Interim Final Rule Comment

    Period End

    12/16/08

    Final Action

    07/31/09

    74 FR 38266

    Final Action Effective

    07/31/09

    Regulatory Flexibility Analysis Required: Yes

    Agency Contact: Victoria L. Crane, Division of Trading and Markets,

    Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549

    Phone: 202 551-5744

    Fax: 202 772-9355

    Email: cranev@sec.gov

    RIN: 3235-AK22

    FR Doc. E9-28561 Filed 12-04-09; 8:45 am

    BILLING CODE 8010-01-S

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