2025-03-14 | 2025-04064

Added

Delegation of Authority to Director of the Division of Enforcement

The Securities and Exchange Commission is amending its regulations to eliminate the delegation of authority to the Director of the Division of Enforcement to issue formal orders of investigation. This change removes the Director's power to authorize specific enforcement staff to issue subpoenas, a delegation previously established in 2009 and extended in 2010. The Commission states that this amendment aligns investigative resource usage with agency priorities and increases operational effectiveness without substantially affecting non-agency parties.

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This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Rules and Regulations Federal Register 12105 Vol. 90, No. 49 Friday, March 14, 2025 1See 17 CFR 200.30–4(a)(13). Congress has authorized such delegation by Public Law 87–592, 76 Stat. 394, 15 U.S.C. 78d–1(a), which provides that the Commission ‘‘shall have the authority to delegate, by published order or rule, any of its functions to . . . an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business or matter.’’ DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 53 [Docket No. APHIS–2023–0088] RIN 0579–AE79 Payment of Indemnity and Compensation for Highly Pathogenic Avian Influenza; Reopening of Comment Period AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule; reopening of comment period. SUMMARY: We are reopening the comment period for our interim rule that would amend the regulations pertaining to conditions for payment of indemnity for highly pathogenic avian influenza. This action will allow interested persons additional time to prepare and submit comments. DATES: The comment period for the interim rule published on December 31, 2024 (89 FR 106981–106996) is reopened. We will consider all comments that we receive on or before April 14, 2025. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Enter APHIS– 2023–0088 in the Search field. Select the Documents tab, then select the Comment button in the list of documents. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2023–0088, Regulatory Analysis and Development, PPD, APHIS, Station 2C–10.16, 4700 River Road, Unit 25, Riverdale, MD 20737–1238. Supporting documents and any comments we receive on this docket may be viewed at Regulations.gov or in our reading room, which is located in Room 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799–7039 before coming. FOR FURTHER INFORMATION CONTACT: Dr. Leonardo L. Sevilla, DVM, Veterinary Medical Officer, Poultry Health Team, VS Strategy and Policy Aquaculture, Swine, Equine, and Poultry (ASEP), ASEP Health Center, 920 Main Campus Drive, Raleigh, NC 27606; (984) 766– 1528; Leonardo.sevilla@usda.gov. SUPPLEMENTARY INFORMATION: On December 31, 2024, we published in the Federal Register (89 FR 106981–106996, Docket No. APHIS–2023–0088) an interim rule to amend the regulations pertaining to conditions for payment of indemnity for highly pathogenic avian influenza. Comments on the interim rule were required to be received on or before March 3, 2025. We are reopening the comment period on Docket No. APHIS– 2023–0088 for an additional 30 days. This action will allow interested persons additional time to prepare and submit comments. We will also consider all comments received between March 4, 2025, (the day after the close of the original comment period) and the date of this document. (Authority: 7 U.S.C. 8301–8317; 7CFR 2.22, 2.80, and 371.4.) Done in Washington, DC, this 10th day of March 2025. Michael Watson, Administrator, Animal and Plant Health Inspection Service, USDA. [FR Doc. 2025–04114 Filed 3–13–25; 8:45 am] BILLING CODE 3410–34–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 200 [Release No. 33–11366; 34–102552; IA– 6862; IC–35492] Delegation of Authority to Director of the Division of Enforcement AGENCY: Securities and Exchange Commission. ACTION: Final rule. SUMMARY: The Securities and Exchange Commission (‘‘Commission’’) is amending its regulations with respect to the delegations of authority to the Director of the Division of Enforcement (‘‘Director’’) to eliminate the delegation of authority to issue formal orders of investigation. Formal orders designate the enforcement staff authorized to issue subpoenas in connection with investigations under the Federal securities laws. This amendment is the result of the Commission’s experience with its nonpublic investigations. The amendment is intended to increase effectiveness by more closely aligning the Commission’s use of its investigative resources with Commission priorities. DATES: Effective March 14, 2025. FOR FURTHER INFORMATION CONTACT: Charlotte Buford, Deputy Chief Counsel, at (202) 551–4843, Division of Enforcement, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–6553. SUPPLEMENTARY INFORMATION: Background As a result of its experience with its nonpublic investigations, the Commission is amending its delegations of authority to the Director to eliminate the delegation of authority to issue formal orders of investigation.1 The Commission is authorized to conduct investigations concerning possible violations of the Federal securities laws, which provide that ‘‘any member of the Commission or any officer designated by it is empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records which the Commission deems relevant or material to the inquiry.’’ Section 21(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78u(b). See also section 19(c) of the Securities Act of 1933, 15 U.S.C. 77s(c); section 42(b) of the Investment Company Act of 1940, 15 U.S.C. 80a– 41(b); and section 209(b) of the Investment Advisers Act of 1940, 15 U.S.C. 80b–9(b). The Commission issues VerDate Sep<11>2014 16:08 Mar 13, 2025 Jkt 265001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\14MRR1.SGM 14MRR1 lotter on DSK11XQN23PROD with RULES1

12106 Federal Register / Vol. 90, No. 49 / Friday, March 14, 2025 / Rules and Regulations 1The Bank Secrecy Act, as amended, is codified at 12 U.S.C. 1829b, 1951–1960 and 31 U.S.C. 5311– 5314, 5316–5336 and includes other authorities reflected in notes thereto. Regulations implementing the BSA appear at 31 CFR chapter X. The Secretary of the Treasury’s authority to administer the BSA has been delegated to the Director of FinCEN. formal orders of investigation that authorize specifically-designated enforcement staff to exercise the Commission’s statutory power to subpoena witnesses and take the other actions authorized by the relevant cited provisions. The Commission delegated authority to issue formal orders of investigation to the Director on August 11, 2009. ‘‘Delegation of Authority to Director of Division of Enforcement,’’ 74 FR 40068– 01 (Aug. 11, 2009). The delegation was made effective for a one-year period, ending on August 11, 2010, to allow Commission review of the Division’s exercise of formal order authority. On August 16, 2010, the Commission amended its rules to extend the Director’s delegated authority to issue formal orders of investigation beyond the one-year period. ‘‘Delegation of Authority to the Director of Its Division of Enforcement,’’ 75 FR 49820–01 (Aug. 16, 2010); see also 17 CFR 200.30– 4(a)(13). The amendment will delete this delegation provision, 17 CFR 200.30–4(a)(13), to more closely align the Commission’s use of its investigative resources with Commission priorities. Administrative Law Matters The Commission finds, in accordance with the Administrative Procedure Act (‘‘APA’’), that this amendment relates solely to agency organization, procedure, or practice. 5 U.S.C. 553(b)(A). Accordingly, the APA’s provisions regarding notice of rulemaking and opportunity for public comment are not applicable. In accord with the APA, we find that there is good cause to establish an effective date less than 30 days after publication of this amendment. 5 U.S.C. 553(d). This amendment does not substantially affect the rights or obligations of non-agency parties and pertains to increasing efficiency of internal Commission operations. This amendment is therefore effective on March 14, 2025. For the same reasons, the provisions of the Small Business Regulatory Enforcement Fairness Act are not applicable. See 5 U.S.C. 804(3)(C) (the term ‘‘rule’’ does not include ‘‘any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties’’). Additionally, the provisions of the Regulatory Flexibility Act, 5 U.S.C. 60 et seq., which apply only when notice and comment are required by the APA or other law, are not applicable. See 5 U.S.C. 601(2). This amendment does not contain any collection of information requirements as defined by the Paperwork Reduction Act of 1995. See 5 CFR 1320.3(c). Further, because this amendment imposes no new burdens on private parties, the Commission does not believe that the amendment will have any impact on competition for purposes of section 23(a)(2) of the Securities Exchange Act of 1934. 15 U.S.C. 78w(a)(2). Statutory Authority The amendment contained in this release is being adopted pursuant to statutory authority granted to the Commission, including section 19 of the Securities Act of 1933, 15 U.S.C. 77s; sections 4A, 4B, and 23 of the Securities Exchange Act of 1934, 15 U.S.C. 78d–1, 78d–2, and 78w; section 38 of the Investment Company Act, 15 U.S.C. 80a–37; section 211 of the Investment Advisers Act, 15 U.S.C. 80b–11; and section 3 of the Sarbanes-Oxley Act, 15 U.S.C. 7202. 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, the Commission is amending 17 CFR part 200 as follows: PART 200—ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS ■ 1. The authority citation for part 200 continues to read as follows: Authority: 5 U.S.C. 552, 552a, 552b, and 557; 11 U.S.C. 901 and 1109(a); 15 U.S.C. 77c, 77e, 77f, 77g, 77h, 77j, 77o, 77q, 77s, 77u, 77z–3, 77ggg(a), 77hhh, 77sss, 77uuu, 78b, 78c(b), 78d, 78d–1, 78d–2, 78e, 78f, 78g, 78h, 78i, 78k, 78k–1, 78l, 78m, 78n, 78o, 78o–4, 78q, 78q–1, 78t–1, 78u, 78w, 78ll(d), 78mm, 78eee, 80a–8, 80a–20, 80a–24, 80a– 29, 80a–37, 80a–41, 80a–44(a), 80a–44(b), 80b–3, 80b–4, 80b–5, 80b–9, 80b–10(a), 80b– 11, 7202, and 7211 et seq.; 29 U.S.C. 794; 44 U.S.C. 3506 and 3507; Reorganization Plan No. 10 of 1950 (15 U.S.C. 78d); sec. 8G, Pub. L. 95–452, 92 Stat. 1101 (5 U.S.C. App.); sec. 913, Pub. L. 111–203, 124 Stat. 1376, 1827; sec. 3(a), Pub. L. 114–185, 130 Stat. 538; E.O. 11222, 30 FR 6469, 3 CFR, 1964–1965 Comp., p. 36; E.O. 12356, 47 FR 14874, 3 CFR, 1982 Comp., p. 166; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; Information Security Oversight Office Directive No. 1, 47 FR 27836; and 5 CFR 735.104 and 5 CFR parts 2634 and 2635, unless otherwise noted. § 200.30–4 [Amended] ■ 2. Section 200.30–4 is amended by removing and reserving paragraph (a)(13). By the Commission. Dated: March 10, 2025. Vanessa A. Countryman, Secretary. [FR Doc. 2025–04064 Filed 3–13–25; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network 31 CFR Part 1010 Issuance of a Geographic Targeting Order Imposing Additional Recordkeeping and Reporting Requirements on Certain Money Services Businesses Along the Southwest Border AGENCY: Financial Crimes Enforcement Network (FinCEN), Treasury. ACTION: Order. SUMMARY: FinCEN is issuing notice of a Geographic Targeting Order, requiring certain money services businesses along the southwest border of the United States to report and retain records of transactions in currency of more than $200 but not more than $10,000, and to verify the identity of persons presenting such transactions. DATES: This action is effective April 14, 2025. FOR FURTHER INFORMATION CONTACT: FinCEN’s Regulatory Support Section by submitting an inquiry at www.fincen.gov/contact. SUPPLEMENTARY INFORMATION: I. Background If the Secretary of the Treasury (Secretary) finds, upon his own initiative or at the request of an appropriate Federal or State law enforcement official, that reasonable grounds exist for concluding that additional recordkeeping and reporting requirements are necessary to carry out the purposes of the Bank Secrecy Act (BSA) 1 or to prevent evasions thereof, the Secretary may issue a Geographic Targeting Order (GTO) requiring any domestic financial institution or group of domestic financial institutions, or any domestic nonfinancial trade or business or group of domestic nonfinancial trades or businesses, in a geographic area to obtain such information as the Secretary may describe in such GTO concerning VerDate Sep<11>2014 16:08 Mar 13, 2025 Jkt 265001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\14MRR1.SGM 14MRR1 lotter on DSK11XQN23PROD with RULES1