2013-10-03 | 2013-24048

Added

Amendments to Regulation D, Form D and Rule 156; Re-Opening of Comment Period

The Securities and Exchange Commission is reopening the comment period for proposed amendments to Regulation D, Form D, and Rule 156 until November 4, 2013. These proposed rules aim to enhance oversight of Rule 506 offerings by requiring pre-solicitation Form D filings, closing amendments, specific disclosures in general solicitation materials, and temporary submission of such materials to the Commission. The extension provides the public additional time to analyze and submit comprehensive responses to these significant regulatory changes.

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61222 Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Proposed Rules 1See Amendments to Regulation D, Form D and Rule 156, Release No. 33–9416 (July 10, 2013) [78 FR 44806 (July 24, 2013)]. (g) Airplane Flight Manual (AFM) Revision Within 14 days after the effective date of this AD: Revise the AFM by incorporating the CG limits in sub-sections 1–050–05C, Issue 2, and 1–050–05D, Issue 1, of the Weights and Loading Limitations section of the Dassault Aviation Falcon 2000EX EASy, 2000DX, and 2000LX AFM DGT88898, Revision 15, dated October 30, 2012 (for airplanes identified in paragraph (c)(1) of this AD); or by incorporating the CG limits in Aviation Partners Inc. AFM Supplement APF2–0601, Code 002, Revision 3, dated June 1, 2012 (for Model FALCON 2000 airplanes identified in paragraph (c)(2) of this AD), or AFM Supplement APF2–0601, Code 001, Revision 4, dated June 1, 2012 (for Model FALCON 2000EX airplanes identified in paragraph (c)(2) of this AD). (h) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone (425) 227–1137; fax (425) 227– 1149. Information may be emailed to: 9- ANM-116-AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (i) Related Information Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2012–0081, dated May 14, 2012, for related information. Issued in Renton, Washington, on September 25, 2013. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–24216 Filed 10–2–13; 8:45 am] BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 230 and 239 [Release No. 33–9458; Release No. 34– 70538; Release No. IC–30737; File No. S7–06–13] RIN 3235–AL46 Amendments to Regulation D, Form D and Rule 156; Re-Opening of Comment Period AGENCY: Securities and Exchange Commission. ACTION: Proposed rule; reopening of comment period. SUMMARY: On July 10, 2013, the Securities and Exchange Commission issued for comment a number of proposed amendments to Regulation D, Form D and Rule 156 under the Securities Act in Release No. 33–9416 (July 10, 2013). In light of the public interest in the proposed amendments, the Commission is re-opening the comment period to permit interested persons additional time to analyze and comment on the proposed amendments. DATES: The comment period for the proposed rule published at 78 FR 44806 on July 24, 2013, is reopened until November 4, 2013. 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/proposed.shtml); • Send an email to rule-comments@ sec.gov. Please include File Number S7– 06–13 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 Number S7–06–13. This file number should be included on the subject line if email 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/ proposed.shtml). Comments are also available for Web site viewing and printing 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: Charles Kwon, Special Counsel, Office of Chief Counsel, or Karen C. Wiedemann, Attorney Fellow, Office of Small Business Policy, Division of Corporation Finance, at (202) 551–3500; or, with respect to private funds, Melissa Gainor or Alpa Patel, Senior Counsels, Investment Adviser Regulation Office, Division of Investment Management, at (202) 551– 6787, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549. SUPPLEMENTARY INFORMATION: I. Background In July 2013, the Commission issued for comment a number of proposed amendments to Regulation D, Form D and Rule 156 under the Securities Act.1 These proposed amendments are intended to enhance the Commission’s ability to evaluate the development of market practices in Rule 506 offerings and to address concerns that may arise in connection with permitting issuers to engage in general solicitation and general advertising under new paragraph (c) of Rule 506. Specifically, the proposed amendments to Regulation D would require the filing of a Form D in Rule 506(c) offerings before the issuer engages in general solicitation; require the filing of a closing amendment to Form D after the termination of any Rule 506 offering; require written general solicitation materials used in Rule 506(c) offerings to include certain legends and other disclosures; require the submission, on a temporary basis, of written general solicitation materials used in Rule 506(c) offerings to the Commission; and disqualify an issuer from relying on Rule 506 for one year for future offerings if the issuer, or any predecessor or affiliate of the issuer, did not comply, within the last five years, with Form D filing requirements in a Rule 506 offering. The proposed amendments to Form D would require an issuer to include additional information about offerings conducted in reliance on Regulation D. Finally, the proposed amendments to Rule 156 would extend the antifraud guidance VerDate Mar<15>2010 16:50 Oct 02, 2013 Jkt 232001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\03OCP1.SGM 03OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS

Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Proposed Rules 61223 contained in the rule to the sales literature of private funds. II. Re-Opening of Comment Period The proposed amendments have generated a large amount of public interest. The Commission believes that providing the public additional time to consider thoroughly the matters addressed by the release and comments submitted to date and to submit comprehensive responses would benefit the Commission in its consideration of final rules. The Commission, therefore, is re-opening the comment period for ‘‘Amendments to Regulation D, Form D and Rule 156’’ (Release No. 33–9416 (July 10, 2013)) [78 FR 44806 (July 24, 2013)] until November 4, 2013. By the Commission. Dated: September 27, 2013. Elizabeth M. Murphy, Secretary. [FR Doc. 2013–24048 Filed 10–2–13; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2012–0080] RIN 1625–AA00 Regulated Navigation Area; Southern Oahu Tsunami Vessel Evacuation, Honolulu, HI AGENCY: Coast Guard, DHS. ACTION: Supplementary notice of proposed rulemaking. SUMMARY: The Coast Guard is proposing to establish a permanent regulated navigation area (RNA) and to enforce this proposed regulation only when a tsunami warning is issued for the Hawaiian Islands by the Pacific Tsunami Warning Center. Tsunami warnings require the evacuation of a large number of vessels from their respective harbors. Following the evacuation, these vessels must remain offshore until the emergency situation has passed and the harbors have been deemed safe for reentry. Past tsunami warnings have created potentially dangerous offshore traffic congestion between commercial and recreational vessel traffic. Because of this, designated vessel traffic staging areas are necessary for a safe and orderly evacuation of Southern Oahu ports. DATES: Comments and related material must be received by the Coast Guard on or before November 4, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2012–0080. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. The following link will take you directly to the docket: http:// www.regulations.gov/ #!docketDetail;D=USCG-2012-0080. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Lieutenant Commander Scott Whaley of the United States Coast Guard Sector Honolulu at 808–522–8264 ext. 3352 or Scott.O.Whaley@uscg.mil, respectively. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking SNPRM Supplemental Notice of Proposed Rulemaking RNA Regulated Navigation Area A. Public Participation and Request for Comments We encourage you to respond to this notice by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided.

  1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http:// www.regulations.gov, type the docket number USCG–2012–0080 in the ‘‘SEARCH’’ box, and then click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this supplementary notice of proposed rulemaking (SNPRM). If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8c by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the proposed rule based on your comments.
  2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, inserting USCG–2012–0080 in the ‘‘SEARCH’’ box, and then click ‘‘SEARCH.’’ You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility.
  3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).
  4. Public Meeting We do not plan to hold a public meeting. But you may submit a request for one using one of the four methods specified under ADDRESSES. Please explain in detail why you believe a public meeting would be beneficial. If VerDate Mar<15>2010 16:50 Oct 02, 2013 Jkt 232001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\03OCP1.SGM 03OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS