SECURITIES AND EXCHANGE COMMISSION 17 CFR PART 200 Release No. 34-36824 Delegation of Authority to the Secretary of the Commission AGENCY: Securities and Exchange Commission ACTION: Final Rule SUMMARY: The Commission is amending its rules to delegate authority to the Secretary of the Commission to publish notice of proposed plans for distribution of funds ordered to be disgorged pursuant to an Order of the Commission. The delegation also provides authority to waive any of the requirements for a plan contained in Rule 611 of the Commission's Rules of Practice, and to issue an order approving the plan, if no negative comments or objections are submitted during the notice period. This delegation of authority will conserve the resources of the Commission as well as expedite the distribution of moneys paid in satisfaction of judgements. EFFECTIVE DATE: [Insert date of publication in the Federal Register] FOR FURTHER INFORMATION CONTACT: Jonathan G. Katz, Secretary, Office of the Secretary, Securities and Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549, telephone (202) 942-7070. SUPPLEMENTARY INFORMATION: The Securities and Exchange Commission ("Commission") today announced amendments to its rules governing delegation of authority to the Office of the Secretary. On June 9, 1995, the Commission adopted comprehensive revisions to its Rules of Practice for administrative proceedings. These rules, published in the Federal Register on June 23, 1995 (60 FR 32738), established procedures for the payment and distribution of penalties and disgorgements ordered in a ==========================================START OF PAGE 1====== 2 Commission administrative proceeding. The Commission is delegating to its Secretary the authority to publish the notice of proposed plans of disgorgement pursuant to Rule 612 of the Rules of Practice, and, if no comments opposing the proposed plan are received, to issue an order approving the proposed plan of distribution pursuant to Rule 613. The delegation also authorizes the Secretary to permit the staff to omit from the proposed plan of disgorgement any of the plan elements required by Rule 611, upon motion by the staff for good cause. The Commission finds, in accordance with Section 553(b)(A) of the Administrative Procedure Act, 5 U.S.C. 553(b)(A), that this amendment relates solely to agency organization, procedure, or practice. Accordingly, notice and opportunity for public comment, as well as publication 30 days before its effective date, are unnecessary. List of Subjects in 17 CFR Part 200 Administrative practice and procedure, Authority delegations (Government agencies). Text of Amendment For the reasons set out in the preamble, Title 17, Chapter II of the Code of Federal Regulations is amended as follows: PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS 1. The authority citation for Part 200, Subpart A, continues to read in part as follow: Authority: 15 U.S.C. 77s, 78d-1, 78d-2, 78w, 78ll(d), 79t, 77sss, 80a-7, 80b-11, unless otherwise noted. * * * * * 3 2. Section 200.30-7 is amended by adding paragraph (a)(11) to read as follows: 200.30-7 Delegation of authority to Secretary of the Commission. * * * * * (a) * * * (11) To publish pursuant to Rule 612 of the Commission's Rules of Practice, 201.612 of this chapter, notices of plans of disgorgement and, if no negative comments are received, to issue orders approving proposed plans of disgorgement pursuant to Rule 613 of the Commission's Rules of Practice, 201.613 of this chapter. Upon the motion of the staff for good cause shown, to approve the publication of proposed plans of disgorgement that omit plan elements required by Rule 611 of the Commission's Rules of Practice, 201.611 of this chapter. * * * * * By the Commission. Jonathan G. Katz Secretary Date: February 9, 1996