(15) Pursuant to Rule 10a-1(f) [§ 240.10a-1(f)] to grant requests for exemptions from Rule 10a-1;

(16) Pursuant to sections 17A(b)(1), 17A(b)(2) and 19(a) of the Act (15 U.S.C. 78q-1(b)(1), 78q-1(b)(2) and 78s(a)), to publish notice of the filing of applications for registration and for exemption from registration as a clearing agency.

(17) Pursuant to Rule 17f-2 (§ 240.17f-2 of this chapter).

(i) To disapprove a "Notice Pursuant to Rule 17f-2" pursuant to Rule 17f2(e) (§ 240.17f-2(e) of this chapter).

(ii) To grant exemptions upon specified terms, conditions and periods, for classes of persons subject to Rule 17f2 pursuant to Rule 17f-2(g) (§ 240.17f2(g) of this chapter).

(iii) To approve amendments to plan of a registered national securities exchange or a national securities association submitted pursuant to Rule 17f2(c) (§ 240.17f-2(c) of this chapter).

(18) Pursuant to Rule 17d-1 (§ 240.17d-1 of this chapter) to designate one self-regulatory organization responsible for the examination of brokers and dealers which are members of more than one such organization to insure compliance with applicable financial responsibility rules.

(19)(i) To grant and deny applications for confidential treatment filed pursuant to section 24(b) of the Act (15 U.S.C. 78x(b)) and Rule 24b-2 thereunder (240.24b-2 of this chapter);

(ii) To revoke a grant of confidential treatment for any such application.

(20) Pursuant to sections 8(c) and 15(c)(2) of the Act (15 U.S.C. 78h(c) and 780(2)) and paragraphs (g) of Rules 8c-1 and 15c2-1 thereunder, to make findings that the agreements, safeguards, and provisions of registered clearing agencies are adequate for the protection of investors.

(21) Pursuant to section 17A(c)(3)(C) of the Act (15 U.S.C. 78q-1(c)(3)(C)), to set terms and conditions upon which transfer agents registered with the Commission may withdraw from registration as a transfer agent by filing a written notice of withdrawal.

(22) Pursuant to section 17A(c)(3)(C) of the Act (15 U.S.C. 78q-1(c)(3)(C)), to authorize the issuance of orders cancelling registrations of transfer

agents registered with the Commission or denying applications for registration as a transfer agent with the Commission, if such transfer agents are no longer in existence or have ceased to do business as transfer agents.

(23) Pursuant to section 17(b) of the Act (15 U.S.C. 78q(b)), prior to any examination of a registered clearing agency, registered transfer agent, or registered municipal securities dealer whose appropriate regulatory agency is not the Commission, to notify and consult with the appropriate regulatory agency for such clearing agency, transfer agent, or municipal securities dealer.

(24) Pursuant to section 17(c)(3) of the Act, 15 U.S.C. 78q(c)(3), in regard to clearing agencies, transfer agents and municipal securities dealers for which the Commission is not the appropriate regulatory agency, (i) to notify the appropriate regulatory agency of any examination conducted by the Commission of any such clearing agency, transfer agent, or municipal securities dealer; (ii) to request from the appropriate regulatory agency a copy of the report of any examination of any such clearing agency, transfer agent, or municipal securities dealer conducted by such appropriate regulatory agency and any data supplied to it in connection with such examination; and (iii) to furnish to the appropriate regulatory agency on request a copy of the report of any examination of any such clearing agency, transfer agent, or municipal securities dealer conducted by the Commission and any data supplied to it in connection with such examination.

(25) Pursuant to Rule 17f-1 (§ 240.17f-1 of this chapter), to designate persons not subject to § 240.17f-1 as reporting institutions upon specified terms, conditions, and time periods.

(26) [Reserved]

(27) To approve amendments to the joint industry plan governing the consolidated transaction reporting declared effective by the Commission pursuant to Rule 11Aa(3-1)

(§ 240.11Aa3-1 of this chapter) or its predecessor, Rule 17a-15, and to grant exemptions from Rule 11Aa3-1 pursu

93-048 0-87--2

ant to Rule 11Aa3-1(g) (§ 240.11Aaa31(g) of this chapter) to exchanges trading listed securities that are designated as national market system securities until such times as a Joint Reporting Plan for such securities is filed and approved by the Commission.

(28) To grant exemptions from Rule 11Ac1-1 ("Rule") (§ 240.11Ac1-1), pursuant to paragraph (d) of the rule.

(29) To issue supplemental orders modifying the terms upon which selfregulatory organizations are authorized to act jointly in planning, developing, operating or regulating facilities of a national market system in accordance with the terms of amendments to plans which plans have been previously approved by the Commission under section 11A(a)(3)(B) of the Securities Exchange Act of 1934.

(30) Pursuant to section 17(a) of the Act, 15 U.S.C. 78q, to approve amendments to the plans which are consistent with the reporting structure of Rules 17a-5(a)(4) and 17a-10(b) filed by self-regulatory organizations pursuant to Rules 17a-5(a)(4) and 17a-10(b).

(31) Pursuant to section 19(b)(2) of the Act, 15 U.S.C. 78s(b)(2), to extend for a period not exceeding 90 days from the date of publication of notice of the filing of a proposed rule change pursuant to section 19(b)(1) of the Act, 15 U.S.C. 78s(b)(1), the period during which the Commission must by order approve the proposed rule change or institute proceedings to determine whether the proposed rule change should be disapproved.

(32) Pursuant to paragraph (e) of Rule 10b-10 (240.10b-10(e) of this chapter), to grant exemptions from Rule 10b-10.

(33) Pursuant to Rule 17a-6 (§ 240.17a-6 of this chapter) to approve record destruction plans and amendments thereto filed by a national securities exchange or a national securities association.

(34) Pursuant to Rule 17d-2 (§ 240.17d-2 of this chapter) to publish notice of plans and plan amendments filed pursuant to Rule 17d-2 and to approve such plans and plan amendments.

(35) To grant exemptions from Rule 13e-4 (§ 240.13e-4 of this chapter) pur

suant to Rule 13e-4(g)(7) (§ 240.13e4(g)(7) of this chapter).

(36) To grant exemptions from Rule 11Ac1-2 (§ 240.11Ac1-2 of this chapter), pursuant to Rule 11Ac1-2(g) (§ 240.11Ac1-2(g) of this chapter).

(37) Pursuant to Rule 11Aa2-1, 17 CFR 240.11Aa2-1, to publish notice of the filing of a designation plan with respect to national market system securities, or any proposed amendment thereto, and to approve such plan or amendment.

(38) Pursuant to Rule 0-4 (§ 240.0-4 of this chapter), to disclose to the Comptroller of the Currency, the Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corporation and to the state banking authorities, information and documents deemed confidential regarding registered clearing agencies and registered transfer agents; Provided That, in matters in which the Commission has entered a formal order of investigation, such disclosure shall be made only with the concurrence of the Director of the Division of Enforcement or his or her delegate, and the General Counsel or his or her delegate.

(39) Pursuant to Rule 9b-1, (i) To enable distribution of an options disclosure document or amendment to an options disclosure document to the public prior to the time required in the Rule or to lengthen the period before distribution can be made;

section

(ii) To require refiling of an amendment to an options disclosure document pursuant to the procedure set forth in (b)(2)(a) of the rule. (40) Pursuant to 15B(b)(2)(B) of the Act, 15 U.S.C., 780-4(b), to review and, where appropriate, approve the selection by the Municipal Securities Rulemaking Board ("Board") of public representatives to serve on the Board.

(41) Pursuant to Rule 6a-2(c) (§ 240.6a-2 of this chapter) to exempt registered national securities exchanges from the filing requirements imposed by Rule 6a-2 with respect to certain affiliates and subsidiaries of the exchange.

(42) To grant or deny exemptions from Rule 11Aa2-1 (§ 240.11Aa2-1 of

this chapter), pursuant to Rule 11Aa21(f) (§ 240.11Aa2-1(f) of this chapter).

(43) To grant or deny exemptions from Rule 17Ad-14 (§ 240.17Ad-14 of this chapter), pursuant to Rule 17Ad14(d) (§ 240.17Ad-14(d) of this chapter). (Pub. L. 87-592, 76 Stat. 394, 15 U.S.C 78d-1, 78d-2).

(44) To review, publish notice of, and where appropriate, approve plans, and amendments to plans, submitted by self-regulatory organizations pursuant to Rule 19d-1(c) under the Act (§ 240.19d-1(c)).

(45) To grant exemptions from Rule 3b-9 under the Act. (§ 240.3b-9(c) of this chapter).

(46) Pursuant to section 15(b)(9) of the Act, 15 U.S.C. 780(b)(9) to review and, where appropriate, grant exemptions from the requirement of section 15(b)(8) of the Act, 15 U.S.C. 780(b)(8).

(b) To designate officers empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, contracts, agreements, or other records in the course of investigations instituted by the Commission pursuant to section 21(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(b)).

(c) In nonpublic investigatory proceedings within the responsibility of the Director or Deputy Director, to grant requests of persons to procure copies of the transcript of their testimony given pursuant to Rule 6 of the Commission's rules relating to investigations as in effect subsequent to November 16, 1972 (17 CFR 203.6).

(d) To notify the Securities Investor Protection Corporation ("SIPC") of facts concerning the activities and the operational and financial condition of any registered broker or dealer which is or appears to be a member of SIPC and which is in or approaching financial difficulty within the meaning of section 5 of the Securities Investor Protection Act of 1970, as amended, 15 U.S.C. 78aaa, et seq.

(e) To determine whether, and issue orders regarding, proposals for designation of a contract market for futures trading on an index or group of securities meet the eligibility criteria set forth under section 2(a)(1)(B)(ii) of

the Commodity Exchange Act, 7 U.S.C. 2(a).

(f) With respect to the Securities Investor Protection Act of 1970, as amended, 15 U.S.C. 78aaa, et. seq., pursuant to Section 3(a)(2)(B) of the Securities Investor Protection Act of 1970, to (1) extend for a period not exceeding 90 days from the date of the filing of the determination by the Securities Investor Protection Corporation ("SIPC") that a registered brokerdealer is not a SIPC member because it conducts its principal business outside the United States and its territories and possessions, the period during which the Commission must affirm, reverse or amend any determination by SIPC and (2) affirm such determination filed by SIPC.

(g) Notwithstanding anything in the foregoing, in any case in which the Director of the Division of Market Regulation believes it appropriate, he may submit the matter to the Commission. (15 U.S.C. 79d, d-1, 80a-37, sec. 4, 48 Stat. 885; sec. 1106(a), 63 Stat. 972; 15 U.S.C. 78d); (Pub. L. 87-592, 76 Stat. 394; 15 U.S.C. 78a et seq.; secs. 2, 16, 18, 25, Pub. L. 94-29, 89 Stat. 97, 146, 155, 163 (15 U.S.C. 78b, 78s, 78w, 78d-1); sec. 5, Pub. L. 91-598, 84 Stat. 1644 (15 U.S.C. 78eee); sec. 31, Pub. L. 94-29, 89 Stat. 137 (15 U.S.C. 78q; Pub. L. 87-592, 76 Stat. 394 (15 U.S.C. 78d-1, 78d-2); 15 U.S.C. 77a et seq.; secs. 2, 6, 11A and 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78b, 78f, 78k-1 and 78w); Delegation of Functions Act, 15 U.S.C. 78d-1; secs. 2, 12 and 23 (15 U.S.C. 78b, 78e, and 78n; Delegation of Functions Act, 15 U.S.C. 78d-1; secs. 2, 19 and 23 (15 U.S.C. 78b, 78s and 78w); Delegation of Functions Act, 15 U.S.C. 78d-1) [37 FR 16795, Aug. 19, 1972]

EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting § 200.30-3 see the List of CFR Sections Affected in the Finding Aids section of this volume.

§ 200.30-4 Delegation of authority to Director of Division of Enforcement. Pursuant to the provisions of Pub. L. No. 87-592, 76 Stat. 394 (15 U.S.C. 78d1, 78d-2), the Securities and Exchange Commission hereby delegates, until the Commission orders otherwise, the following functions to the Director of the Division of Enforcement to be performed by him or under his direction by such other person or persons as

(5) To permit, pursuant to Rule 20a2(a)(9) (§ 270.20a-2(a)(9) of this chapter), the omission from a proxy statement of a registered investment company of the certification of the balance sheet of the investment adviser of such investment company and, if the investment adviser is primarily engaged in a business other than the underwriting or distribution of investment company securities or the performance of advisory services to registered investment companies, to permit the summarization or omission of such balance sheet.

(6) To authorize the issuance of orders granting confidential treatment pursuant to section 45(a) of the Act (15 U.S.C. 80a-44(a)) where applications for confidential treatment are made regarding matters of disclosure in registration statements filed pursuant to section 8 of the Act (15 U.S.C. 80a-8), or in reports filed pursuant to section 30 of the Act (15 U.S.C. 80a29), but only when the Commission has previously by order granted confidential treatment to the same information.

(7) To adjust the filing date of a filing submitted in an electronic format where the acceptance of the filing is delayed because of equipment malfunction or technical problem.

(8) To conditionally or unconditionally exempt persons, for a temporary period not exceeding 60 days, from section 9(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-9(a)), if, on the basis of the facts then set forth in the application, it appears that:

(i)(A) The prohibitions of section 9(a), as applied to the applicant, may be unduly or disproportionately severe, or (B) the applicant's conduct has been such as not to make it against the public interest or the protection of investors to grant the temporary exemption; and

(ii) Granting the temporary exemption would protect the interests of the investment companies being served by the applicant by allowing time for the orderly consideration of the application for permanent relief or the orderly transition of the applicant's responsibilities to a successor, or both.

(b) With respect to matters pertaining to investment companies regis

tered under the Investment Company Act of 1940, pooled investment funds or accounts, and the general assets or separate accounts of insurance companies, all arising under the Securities Act of 1933, the Securities Exchange Act of 1934 and the Trust Indenture Act of 1939, the same functions as are delegated to the Director of the Division of Corporation Finance in regard to companies other than such registered investment companies in paragraphs (a), (e) and (f) of Article 30-1 (§ 200.30-1 of this chapter) of these articles.

(b-1) With respect to the Securities Act of 1933. (1) To issue notices with respect to applications for orders under section 3(a)(2) exempting from section 5 interests or participations issued in connection with stock bonus, pension, profit-sharing, or annuity plans covering employees some or all of whom are employees within the meaning of section 401(c)(1) of the Internal Revenue Code of 1954 where, upon examination, the matter does not appear to him to present issues not previously settled by the Commission or to raise questions of fact or policy indicating that the public interest or the interest of investors requires that a hearing be held.

(2) To authorize the issuance of orders where a notice has been issued and no request for a hearing has been received from any interested person within the period specified in the notice and the matter involved presents no issue that he believes has not been settled previously by the Commission and it does not appear to him to be necessary in the public interest or the interest of investors that a hearing be held.

(b-2) With respect to post-effective amendments filed pursuant to paragraph (a) of Rule 485 under the Act (17 CFR 230.485(a)) and post-effective amendments filed pursuant to paragraph (a) of Rule 486 under the Act (17 CFR 230.486(a)):

(1) To suspend the operation of said paragraphs and to issue written notices to registrants of such suspensions;

(2) To determine such amendments to be effective within shorter periods

rector of the Division of Enforcement believes it appropriate, he may submit the matter to the Commission.

(15 U.S.C. 78d, 78d-1, 78d-2, 80a-37, 80b-11; sec. 19, 48 Stat. 85; sec. 20, 48 Stat. 86; sec. 21, 48 Stat. 899; sec. 23, 48 Stat. 901; sec. 18, 49 Stat. 831; sec. 20, 49 Stat. 833; sec. 319, 53 Stat. 1173; sec. 321, 53 Stat. 1174; sec. 38, 54 Stat. 841; sec. 42, 54 Stat. 842; sec. 209, 54 Stat. 853; sec. 211, 54 Stat. 855; sec. 1, 76 Stat. 394. (15 U.S.C. 77s, 77t, 78u, 78w, 79r, 79t, 77sss, 77uuu, 80a-37, 80a-41, 80b-9, 89b11, 78d-1); 15 U.S.C. 78d-1, 78d-2, as amended by the Securities Act Amendments of 1975, Pub. L. No. 94-29, 89 Stat. 163 (June 4, 1975))

[37 FR 16796, Aug. 19, 1972, as amended at 37 FR 25166, Nov. 28, 1972; 40 FR 14748, Apr. 2, 1975; 44 FR 22716, Apr. 17, 1979; 44 FR 50835, Aug. 30, 1979; 44 FR 76774, Dec. 28, 1979; 45 FR 7781, Feb. 5, 1980; 47 FR 26822, June 22, 1982; 49 FR 12206, Mar. 29, 1984]

§ 200.30-5 Delegation of authority to Director of Division of Investment Management.

Pursuant to the provisions of Pub. L. 87-592, 76 Stat. 394 (15 U.S.C. 78d-1, 78d-2), the Securities and Exchange Commission hereby delegates, until the Commission orders otherwise, the following functions to the Director of the Division of Investment Management, to be performed by him or under his direction by such person or persons as may be designated from time to time by the Chairman of the Commission:

(a) With respect to the Investment Company Act of 1940 (15 U.S.C. 80a-1, et seq.):

(1) To issue notices, pursuant to Rule 0-5(a) (§ 270.0-5(a) of this chapter), with respect to applications for orders under the following sections of the Act and the rules and regulations promulgated thereunder and, with respect to section 8(f) (15 U.S.C. 80a8(f)) of the Act, in cases where no application has been filed, where, upon examination, the matter does not appear to him to present issues not previously settled by the Commission or to raise questions of fact or policy indicating that the public interest or the interest of investors requires that a hearing be held:

(i) Section 3(b)(2), 15 U.S.C. 80a-3(b)(2). (ii) Section 6(b), 15 U.S.C. 80a-6(b).

(iii) Section 6(c), 15 U.S.C. 80a-6(c). (iv) Section 6(d), 15 U.S.C. 80a-6(d). (v) Section 6(e), 15 U.S.C. 80a-6(e). (vi) Section 7(d), 15 U.S.C. 80a-7(d). (vii) Section 8(f), 15 U.S.C. 80a-8(f). (viii) Section 10(e), 15 U.S.C. 80a-10(e). (ix) Section 10(f), 15 U.S.C. 80a-10(f). (x) Section 11(a), 15 U.S.C. 80a-11(a). (xi) Section 12(g), 15 U.S.C. 80a-12(g). (xii) Section 16(a), 15 U.S.C. 80a-16(a). (xiii) Section 17(b), 15 U.S.C. 80a-17(b). (xiv) Section 17(d), 15 U.S.C. 80a-17(d). (xv) Section 17(e), 15 U.S.C. 80a-17(e). (xvi) Section 17(f), 15 U.S.C. 80a-17(f). (xvii) Section 17(g), 15 U.S.C. 80a-17(g). (xviii) Section 18(j), 15 U.S.C. 80a-18(j). (xix) Section 23(b), 15 U.S.C. 80a-23(b). (xx) Section 23(c), 15 U.S.C. 80a-23(c). (xxi) Section 26(b), 15 U.S.C. 80a-26(b). (xxii) Section 28(c), 15 U.S.C. 80a-28(c). (xxiii) Section 31(d), 15 U.S.C. 80a-30(d). (xxiv) Section 32(c), 15 U.S.C. 80a-31(c). (xxv) Section 45(a), 15 U.S.C. 80a-44(a). (xxvi) Section 57(c), 15 U.S.C. 80a-56(c). (xxvii) Section 57(j), 15 U.S.C. 80a-56(j). (xxviii) Section 57(k), 15 U.S.C. 80a-56(k). (xxix) Section 57(n), 15 U.S.C. 80a-56(n). (XXX) Section 61(a)(3), 15 U.S.C. 80a60(a)(3).

(2) To authorize the issuance of orders where a notice, pursuant to Rule 0-5(a), (§ 270.0-5(a) of this chapter), has been issued and no request for a hearing has been received from any interested person within the period specified in the notice and the matter involved presents no issue that he believes has not been previously settled by the Commission and it does not appear to him to be necessary in the public interest or the interest of investors that a hearing be held (section 40(a) of the Act, 15 U.S.C. 80a39(a));

(3) To permit the withdrawal of applications pursuant to the Act (15 U.S.C. 80a-1, et seq.)

(4) In connection with the mailing of reports to stockholders and the filing with the Commission of registration statements and of reports:

(i) To grant reasonable extensions of time, upon a showing of good cause and that it would not be contrary to the public interest or inconsistent with the protection of investors; and

(ii) To deny requests for extensions of time, provided the applicant is advised that he can request Commission review of any such denial.