Delegation of Authority to the General Counsel of the Commission

Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Rules and Regulations 12221 terminated or suspended during that NAP crop year. Subpart D—Determining Coverage Using Value § 1437.301 [Amended] ■ 14. In § 1437.301, remove paragraph (d). Subpart E—Determining Coverage of Forage Intended for Animal Consumption ■ 15. Amend § 1437.401 as follows: ■ a. In paragraph (f)(2), remove the word ‘‘conditions’’ and add the words ‘‘conditions, or by alternative methods as determined by the Deputy Administrator’’ in its place; and ■ b. Add paragraph (g). The addition reads as follows: § 1437.401 Forage.

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(g) For those NAP covered participants who seek to have a NAP payment determined based on paragraph (f)(2) of this section, a notice of loss under § 1437.11 will not be required; only an application for payment must be filed. Unless otherwise expressed by the NAP covered participant, FSA will presume the participant to want assistance for grazed forage determined according to paragraph (f)(2) of this section. Subpart F—Determining Coverage in the Tropical Region § 1437.502 [Amended] ■ 16. Amend § 1437.502 as follows: ■ a. In paragraph (b), remove ‘‘December 1’’ and add ‘‘December 31’’ in its place. ■ b. In paragraph (c), remove the words ‘‘per county per crop year, a maximum service fee of $250’’ and add the words ‘‘the maximum service fee per crop per county provided at § 1437.7’’ in their place. § 1437.503 [Amended] ■ 17. In § 1437.503(a), remove the words ‘‘crops, other than in Hawaii, Puerto Rico, and other areas approved by the Deputy Administrator, except as approved by the Deputy Administrator in special cases’’ and add the word ‘‘crops’’ in their place. Richard Fordyce, Administrator, Farm Service Agency. Robert Stephenson, Executive Vice President, Commodity Credit Corporation. [FR Doc. 2020–04103 Filed 2–28–20; 8:45 am] BILLING CODE 3410–05–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 200 [Release Nos. 33–10757; 34–88245; IA– 5446; IC–33802] Delegation of Authority to the General Counsel of the Commission AGENCY: Securities and Exchange Commission. ACTION: Final rule. SUMMARY: The Securities and Exchange Commission (‘‘Commission’’) is revising regulations with respect to the delegations of authority to the Commission’s General Counsel. The revisions are a result of the Commission’s experience with its bankruptcy program and they are intended to conserve Commission resources by delegating to staff the discretion to file objections in bankruptcy cases with respect to the frequently recurring issue of non-debtor third-party releases. The revisions will expedite and enhance the effectiveness of the Commission’s bankruptcy program by enabling staff to meet bankruptcy court deadlines that affect issues important to the Commission. DATES: Effective March 2, 2020. FOR FURTHER INFORMATION CONTACT: Morgan Bradylyons, Bankruptcy Counsel, and Tracey Hardin, Assistant General Counsel for Appellate Litigation and Bankruptcy, Office of the General Counsel, (202) 551–7926, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–9040. SUPPLEMENTARY INFORMATION: I. Background The Commission is revising the delegations of authority to its General Counsel as a result of the Commission’s experience with its bankruptcy program. The revisions are intended to increase the efficiency of the Commission’s operations by delegating to staff the discretion to file objections in bankruptcy cases with respect to the frequently recurring issue of non-debtor third-party releases. The revisions will expedite and enhance the effectiveness of the Commission’s bankruptcy program by enabling staff to meet bankruptcy court deadlines that affect issues important to the Commission. 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.’’ Accordingly, the Commission is amending its rules to delegate authority to the General Counsel to file objections in bankruptcy cases with respect to the routine, recurring issue of non-debtor third-party release provisions. Under this delegation, the General Counsel (or, under his or her direction, such persons as might be designated from time to time by the Chairman of the Commission) would authorize the staff, in bankruptcy cases, to take the following actions with respect to plan or settlement provisions that have the effect of releasing, exculpating, discharging, or permanently enjoining actions against non-debtor third parties in contravention of Section 524(e) of the Bankruptcy Code or applicable law: (1) Object to approval of disclosure statements, including on the basis that the disclosure statement lacks adequate information under Section 1125(b) to support such release provisions; (2) object to confirmation of bankruptcy plans; or (3) object to approval of settlements. Notwithstanding this delegation, the General Counsel may submit any matter he or she believes appropriate to the Commission. Furthermore, any action taken by the General Counsel pursuant to delegated authority would be subject to Commission review as provided by Rules 430 and 431 of the Commission’s Rules of Practice, 17 CFR 201.430– 201.431 and 15 U.S.C. 78d–1(b). II. Administrative Law Matters The Commission finds, in accordance with the Administrative Procedure Act (‘‘APA’’), that these revisions relate solely to agency organization, procedure, or practice and do not constitute a substantive rule. 5 U.S.C. 553(b)(3)(A). Accordingly, the APA’s provisions regarding notice of rulemaking, opportunity for public comment, and advance publication of the amendments prior to their effective date are not applicable. These changes are therefore effective on March 2, 2020. For the same reason, and because these amendments do not affect the rights or obligations of non-agency parties, the provisions of the Small Business Regulatory Enforcement Fairness Act are not applicable. 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. 601 et seq., which apply VerDate Sep<11>2014 15:57 Feb 28, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\02MRR1.SGM 02MRR1 khammond on DSKJM1Z7X2PROD with RULES

12222 Federal Register / Vol. 85, No. 41 / Monday, March 2, 2020 / Rules and Regulations only when notice and comment are required by the APA or other law, are not applicable. These amendments do not contain any collection of information requirements as defined by the Paperwork Reduction Act of 1995. See 5 CFR 1320.3. Further, because the amendments impose no new burdens on private parties, the Commission does not believe that the amendments 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). III. Statutory Authority This rule is 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 Exchange Act, 15 U.S.C. 78d–1, 78d–2, and 78w; Section 38 of the Investment Company Act of 1940, 15 U.S.C. 80a–37; Section 211 of the Investment Advisers Act of 1940, 15 U.S.C. 80b–11; and Section 3 of the Sarbanes-Oxley Act of 2002, 15 U.S.C. 7202. List of Subjects in 17 CFR Part 200 Administrative practice and procedure, Authority delegations (Government agencies). For the reasons set out in the preamble, the Commission is amending Title 17, Chapter II of the Code of Federal Regulations as follows: PART 200—ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND REQUESTS Subpart A—Organization and Program Management ■ 1. The general authority citation for part 200, subpart A continues to read in part as follows: Authority: 15 U.S.C. 77c, 77o, 77s, 77z–3, 77sss, 78d, 78d–1, 78d–2, 78o–4, 78w, 78ll(d), 78mm, 80a–37, 80b–11, 7202, and 7211 et seq., unless otherwise noted.

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■ 2. Amend § 200.30–14 by: ■ a. Redesignating paragraphs (f) through (o) as paragraphs (g) through (p); and ■ b. Adding new paragraph (f). The addition reads as follows. § 200.30–14 Delegation of authority to the General Counsel.

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(f) In bankruptcy cases, to take the following actions with respect to plan or settlement provisions that have the effect of releasing, exculpating, discharging, or permanently enjoining actions against non-debtor third parties in contravention of Section 524(e) of the Bankruptcy Code or applicable law: (1) Object to approval of disclosure statements, including on the basis that the disclosure statement lacks adequate information under Section 1125(b) to support such release provisions; (2) Object to confirmation of bankruptcy plans; or (3) Object to approval of settlements.

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By the Commission. Dated: February 19, 2020. Vanessa A. Countryman, Secretary. [FR Doc. 2020–03705 Filed 2–28–20; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 1 [Docket No. PTO–P–2019–0035] Clarification of the Practice for Requiring Additional Information in Petitions Filed in Patent Applications and Patents Based on Unintentional Delay AGENCY: United States Patent and Trademark Office, Department of Commerce. ACTION: Clarification. SUMMARY: The United States Patent and Trademark Office (USPTO) is clarifying its practice as to situations that will require additional information about whether a delay in seeking the revival of an abandoned application, acceptance of a delayed maintenance fee payment, or acceptance of a delayed priority or benefit claim was unintentional. DATES: The clarification of practice set forth is applicable to any petition decided on or after March 2, 2020. FOR FURTHER INFORMATION CONTACT: Christina Tartera Donnell, Attorney Advisor, Office of Petitions, by telephone at 571–272–3211; or Douglas I. Wood, Attorney Advisor, Office of Petitions, by telephone at 571–272– 3231; or by mail addressed to: Mail Stop Comments-Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313–1450. SUPPLEMENTARY INFORMATION: Title II of the PLTIA amended the provisions of title 35, United States Code (U.S.C.), to implement the Patent Law Treaty (PLT). See Public Law 112–211, § 201–203, 126 Stat. 1527, 1533–37 (2012). Section 201(b) of the PLTIA added a new 35 U.S.C. 27, which expressly provides that the director of the USPTO may establish procedures to revive an unintentionally abandoned application for patent or accept an unintentionally delayed issue fee payment, upon petition by the applicant for patent or patent owner. See Public Law 112–211, 201(b)(1), 126 Stat. at 1534. Section 202(b)(1)(B) of the PLTIA amended 35 U.S.C. 41(c)(1) to provide that the director may accept the payment of any maintenance fee required by 35 U.S.C. 41(b) after the six￾month grace period if the delay is shown to the satisfaction of the director to have been unintentional. See Sec. 202(b)(1)(B), Public Law 112–211, 126 Stat. at 1535–36. The 18-month publication provisions of the American Inventors Protection Act of 1999 (AIPA) amended 35 U.S.C. 119 and 120 to provide that a priority claim for a foreign or international application and a benefit claim to an earlier domestic provisional or nonprovisional application must be filed within the period required by the USPTO, but that the USPTO may establish procedures to accept an unintentionally delayed priority or benefit claim. See Public Law 106–113, 113 Stat. 1501, 1501A–563 through 1501A–564 (1999). The USPTO revised the rules of practice to implement the 18-month publication provisions of section 4503 of the AIPA in September 2000. This included revising the rules of practice pertaining to foreign priority and domestic benefit claims (37 CFR 1.55 and 1.78) to set a time period within which such priority and benefit claims must be filed, and to provide for the acceptance of unintentionally delayed priority or benefit claims. See Changes to Implement Eighteen-Month Publication of Patent Applications, 65 FR 57023, 57024–25, 57030–31, 57053– 55 (September 20, 2000). The USPTO revised the rules of practice for consistency with the PLT and title II of the PLTIA in October 2013. This included revising the rules of practice pertaining to the revival of abandoned applications (37 CFR 1.137) and acceptance of delayed maintenance fee payments (37 CFR 1.378) to provide for the revival of abandoned applications and acceptance of delayed maintenance fee payments solely on the basis of ‘‘unintentional’’ delay, as well as revisions to the rules of practice pertaining to foreign priority and domestic benefit claims (37 CFR 1.55 and 1.78). See Changes to Implement the Patent Law Treaty, 78 FR 62368, 62377–78, 62380–83, 62399–400, 62402–07 (October 21, 2013). The provisions for the revival of an abandoned application (37 CFR 1.137) VerDate Sep<11>2014 15:57 Feb 28, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\02MRR1.SGM 02MRR1 khammond on DSKJM1Z7X2PROD with RULES