Federal Register - February 16, 2021

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Fuente: Federal Register

Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES

the proposed rule change or institute proceedings to determine whether the proposed rule change should be disapproved, and related authorities; 44
Authority to institute proceedings to determine whether a proposed rule change of the MSRB should be disapproved, to provide to the MSRB
notice of the grounds for disapproval under consideration, and to extend for a period not exceeding 240 days from the date of publication of notice of the filing of the proposed rule during which the Commission must issue an order approving or disapproving the proposed rule, and related authorities; 45
Authority to temporarily suspend a change in the rules of the MSRB; 46
Authority to reduce the period before which a proposed rule change can become operative, and to reduce the period between an MSRB submission of a filing and a pre-filing notification; 47
Authority to review and grant or deny exemptions from the rule filing requirements of section 19b of the Exchange Act,48 in a case where the MSRB elects to incorporate by reference one or more rules of another selfregulatory organization, subject to certain terms and conditions; 49
Authority to issue orders granting registration of municipal securities dealers within 45 days of the filing of an application for registration; 50
Authority to grant, deny, and revoke applications for confidential treatment filed pursuant to section 24b of the Exchange Act and 17 CFR
240.24b2 rule 24b2 thereunder; 51
Authority to notify and consult with the appropriate regulatory agency about a registered municipal securities dealer whose appropriate regulatory agency is not the Commission prior to any examination of that registered municipal securities dealer; 52
44 Article 303aa7. This authority is similar to authority already delegated to the Director of TM.
See Article 303a31.
45 Article 303aa11. This authority is similar to authority already delegated to the Director of TM.
See Article 303a57.
46 Article 303aa12. This authority is similar to authority already delegated to the Director of TM.
See Article 303a58.
47 Article 303aa13. This authority is similar to authority already delegated to the Director of TM.
See Article 303a59.
48 15 U.S.C. 78sb.
49 Article 303aa14. This authority is similar to authority already delegated to the Director of TM.
See Article 303a76.
50 Article 303aa3. This authority is similar to authority already delegated to the Director of TM.
See Article 303a13.
51 Article 303aa4. This authority is similar to authority already delegated to the Director of TM.
See Article 303a19.
52 Article 303aa5. This authority is similar to authority already delegated to the Director of TM.
See Article 303a23.

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Authority to notify such an appropriate regulatory agency about any examination of such a registered municipal securities dealer by the Commission; 53
Authority to request from such an appropriate regulatory agency a copy of the report of any examination it conducted of any such registered municipal securities dealer and any data supplied to it in connection with such examination; 54
Authority to furnish to such an appropriate regulatory agency on request a copy of the report of any examination of any such municipal securities dealer conducted by the Commission and any data supplied to it in connection with such examination; 55
Authority to grant or deny exemptions, either unconditionally or on specified terms and conditions, from Rule 15c212 under the Exchange Act; 56
Authority to administer the provisions of 17 CFR 240.24c1 Rule 24c1 under the Exchange Act; 57
Authority to administer the provisions of section 24d of the Exchange Act; 58 and Authority to consult on behalf of the Commission pursuant to section 18t1 of the Federal Deposit Insurance Act 59 with respect to matters described in Article 19a.60
We believe it is appropriate for the Director of OMSlike the Director of TMto exercise such functions and that delegating this authority will conserve our resources and improve efficiency. In addition, we are updating the description of the responsibilities of the Director of OMS in our rules to include that persons current responsibilities.61
53 Article 303aa6i. This authority is similar to authority already delegated to the Director of TM.
See Article 303a24i.
54 Article 303aa6ii. This authority is similar to authority already delegated to the Director of TM.
See Article 303a24ii.
55 Article 303aa6iii. This authority is similar to authority already delegated to the Director of TM.
See Article 303a24iii.
56 Article 303aa8. This authority is current delegated to the Director of TM, but we are transferring it to the Director of OMS. See current Article 303a48. See supra Part II.B.
57 Article 303aa9. This authority is similar to authority already delegated to the Director of TM.
See Article 303a53.
58 Article 303aa10. This authority is similar to authority already delegated to the Director of TM.
See Article 303a54.
59 12 U.S.C. 1828t1.
60 Article 303ac. This authority is similar to authority already delegated to the Director of TM.
See Article 303g.
61 Article 19d.

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D. Delegation to the Director of the Division of Investment Management The Commission is eliminating a current delegation to the Director of the Division of Investment Management IM. The Commission previously delegated to the Director of IM the same authority with respect to certain rules under the Securities Act of 1933
Securities Act 62 that it also delegated to each Regional Director.63
This delegation to the Director of IM
refers to the delegation to each Regional Director that has since been eliminated by the Commission.64 We are therefore eliminating the delegation to the Director of IM that refers to the previously eliminated delegation to each Regional Director.65
E. Delegation to the Chief Accountant The Commission is delegating authority to its Chief Accountant to share with certain specified persons nonpublic information and files with the concurrence of the head of the division or office responsible for such information and files.66 Rule 24c1
under the Exchange Act provides that the Commission may, in its discretion and upon a showing that such information is needed, provide nonpublic information in its possession to certain persons if they provide such assurances of confidentiality as the Commission deems appropriate.67 The Commission has previously delegated similar authority to several other divisions and offices.68 The Chief Accountants responsibilities related to the Public Company Accounting Oversight Board the PCAOB
occasionally requires the sharing of nonpublic information. We believe that providing the Chief Accountant with the same authority delegated to other divisions and offices will make 62 15

U.S.C. 77a et seq.
article 305h1.
64 Id. providing that Director of the Division of Investment Management shall have the same authority with respect to the Securities Act of 1933
and 17 CFR 230.251 through 230.262 rules 251
through 263 thereunder as that delegated to each Regional Director in Article 306b and c.
65 See article 305h1 removed and reserved.
66 Article 3011c.
67 17 CFR 240.24c1b.
68 Article 301f14 delegating similar authority to the Director of the Division of Corporate Finance; article 303a53 delegating similar authority to the Director of the Division of Trading and Markets; article 304a7 delegating similar authority to the Director of the Division of Enforcement; article 305c13 delegating similar authority to the Director of the Division of Investment Management; article 3015m1
delegating similar authority to the General Counsel of the Commission; article 3018a delegating similar authority to the Director of the Office of Compliance Inspections and Examinations.
63 Current
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Federal Register - February 16, 2021

TítuloFederal Register

PaísEstados Unidos de América

Fecha16/02/2021

Nro. de páginas411

Nro. de ediciones7796

Primera edición14/03/1936

Ultima edición16/06/2026

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