2600 title 17-commodity and securities exchanges · subpart 101-26.4;_purchaso of !toms from...

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2600 Title 17-COMMODITY AND SECURITIES EXCHANGES Chapter If-Securities and Exchange Commission· (Release Nos. 33-5127, 34-9065, 35-16972, 39-289, IC-6330, IAA-281] PART 231-INTERPRETATIVE RE- LEASES RELATING TO THE SECURI· TIES ACT Of 1933 AND GENERAL RULES AND REGULATIONS THERE- UNDER PART 241-INTERPRETATIVE RE- LEASES RELATING TO THE SECURI- TIES EXCHANGE ACT OF 1934 AND GENERAL RULES AND REGULA- TIONS THEREUNDER PART 251-INTERPRETATIVE RE- LEASES RELATING TO THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 AND GENERAL RULES AND REGULATIONS THEREUNDER PART 261-INTERPRETATIVE RE- LEASES RELATING TO THE TRUST INDENTURE ACT OF 1939 AND GENERAL RULES AND REGULA- TION) THEREUNDER PART 271-INTERPRETATJVE RE- LEASES RELATING TO THE INVEST- MENT COMPANY ACT OF 1940 AND GENERAL RULES AND REGU- LATIONS THEREUNDER PART , 276-INTERPRETATIVE RE- LEASES RELA liNG TO THE INVEST· MENT ADVISERS ACT OF 1940 AND ' GENERAL RULES AND . REGULA- TIONS THEREUNDER Procedure Applicable to Requests for No Action or Interpretative Letters The Commission in Securities Act Release 5098 (35 F.R. 17779) announced the adoption, effective December 1, 1970, of a rule (17 CFR 200.81> providing for the public avallabUity of requests for no action and interpretative letters and the responses thereto. The purpose of this release is to indicate more specificallY the procedures to be followed by persons submitting such requests in order to facilitate their processing and so that the letter containing the request and the response thereto will be conveniently available for public use in the Public Reference Room in the principal office of the Commission in Washington. To meet these needs the following procedure should be followed: 1. An original and two copies of each letter requesting a no action PO§ition or- interpretation should be submitted. If the inquiry involves more than one sub- section of a statute, or subsections of more than one statute, an additional copy of the letter should be submited for each subsection involved. RULES AND ,REGULATIONS 2. The specific subsection of the par- ticular statute to which the letter per- tains should be indicated in the upper righthand comer of the original and each copy of the letter submitted pur- suant to paragraph 1 above. Thus, for example, a letter requesting an interpre- tation of the intrastate exemption would be captioned "1933 Act/3(a) 01>," and a letter requesting an interpretation of Rule 10b-6 under the Securities Ex- chJWge Act of 1934 would be captioned "1934 Act/Rule 10b-6." 3. The names of the company or com- panies and all other persons involved should be stated. Letters relating to un- named companies or persons, or to hypo- thetical situations, will not be answered. 4. Letters should be limited to the par- ticular situation involvmg the problem at hand, and should not attempt to in- clude every possible type of situation which may arise in the future. 5. While it is essential that letters contain all of the facts necessary to reach a conclusion in the matter, they should be concise and to the point. 6. The writer should indicate why he thinks a problem exists, his own opinion in the matter and the basis for such opinion. 7. If a request for confidential treat- ment is made, this request and the basis therefor should be included in a separate letter and submitted with the no action request letter. Because' of the volume of letters re- ceived, letters which are not 'Prepared in accordance with the procedures set forth above may be returned to the sender for compliance with such procedures. , By the Commission, January 25, 1971. [SEAL] ORVAL L. DuBoiS, Secretarv. [FR Doc.71-1720 Filed 2-8-71;8:47 am] Title 41-PUBUC CONTRACTS AND PROPERTY MANAGEMENT Chapter 1 01-Federal Property Management Regulations SUBCHAPTER E-SUPPLY AND PROCUREMENT PART 101-26-PROCUREMENT SOURCES AND PROGRAMS Procedures for Ordering Security Cabinets This amendment deletes the require- ment for obtaining a letter of authoriza- tion to procure security cabinets. The table of contents for Part 101-26 is amended to revise the caption of § 101-26.407 as follows: Sec. 101-26.407 :Procurement of security cabinets by Government fixed-price price contractors and subcon- tractors. Subpart 101-26.4;_Purchaso of !toms From Federal Supply Schedule Con• tracts The caption § 101-26.407 is revised to read as follows: § 101-26.407 Procurement cabinets by Government fh:ctl•prlco prime contractors nnd eubcontrnclors. 101-26.<107-3 is amended ns follows: § 101-26.407-3 Ptocctluro for or1lcrlug security cnbinets. Q (b) Purchase orders for security cnbl· nets under Federal Supply Schedule con• tracts submitted by fixed-price prlmo contractors 6r subcontracto1·s under any type of contract shall contain n state· ment that such cabinets arc needed for housing Government security clnsslflcd information and that the purchase of such cabinets is required to comply with the security provision of a Government contract. . <c> A statement substantially as rot .. lows shall be placed on orders for sccu• rity cabinets placed with Federal Supply Schedule contractors: In the event or any lnconslstoncy botwcon the terms and conclltlons ot this and those or your Fcdornl supply Sohcd\tlo con• tract, the latter will covom. (Sec. 205(c), 63 stat. 300; 40 u.s.a. 466(o)) Effective date. This regulation is effec- tive upon publication in tho FJ::DIJnAL REGISTER (2-9-71). Dated: February 2, 1971. RODERT L, KUNZIO, Administrator oJ General SCT'I)Ices. {FR. Doc.71-171G Fllcd 2-8-71;8:40 llln) Chapier 114-Department of tho Interior MISCELLANEOUS AMENDMENTS TO CHAPTER Pursuant to the authority of tho Sec- retary of the Interior contained 1n 5 U.S.C. 301 <Supp. V, 1965-1960) and sec• tion 205(c>, 63 Stat. 390: 40 U.S.C. 486(C). §§ 114-1.100-50, 114-43.102-52, and 114-47.203-l(c) are amended as sob forth below. These revised sections shall become effective on the date of publica- tion in the FEDERAL REGISTER (2-0-71), RICHARD R. HITIJ, DePlttY Aasistant Seoretarv jor Administration, FEBRUARY 2, 1971. PART 114-1 - INTRODUCTION Subpart 114-1.1-Regulation Sy!ltom I. The following amends 41 CFR Part 114-1 as previously published at 34 F.R. 439: Section 114-1.109-50 is amended to read as follows: § 114-1.109-50 Durcnu nnd Office co1l• ificntion. Bureau regulations codified into tho FPMR System will be identifled by nl- FEDERAL REGISTER, VOL. 36, NO, 27-TUESDAY, FEBRUARY 9, 1971

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Page 1: 2600 Title 17-COMMODITY AND SECURITIES EXCHANGES · Subpart 101-26.4;_Purchaso of !toms From Federal Supply Schedule Con• tracts The caption t~ § 101-26.407 is revised to read

2600

Title 17-COMMODITY AND SECURITIES EXCHANGES

Chapter If-Securities and Exchange Commission·

(Release Nos. 33-5127, 34-9065, 35-16972, 39-289, IC-6330, IAA-281]

PART 231-INTERPRETATIVE RE­LEASES RELATING TO THE SECURI· TIES ACT Of 1933 AND GENERAL RULES AND REGULATIONS THERE­UNDER

PART 241-INTERPRETATIVE RE­LEASES RELATING TO THE SECURI­TIES EXCHANGE ACT OF 1934 AND GENERAL RULES AND REGULA­TIONS THEREUNDER

PART 251-INTERPRETATIVE RE­LEASES RELATING TO THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 AND GENERAL RULES AND REGULATIONS THEREUNDER

PART 261-INTERPRETATIVE RE­LEASES RELATING TO THE TRUST INDENTURE ACT OF 1939 AND GENERAL RULES AND REGULA­TION) THEREUNDER

PART 271-INTERPRETATJVE RE­LEASES RELATING TO THE INVEST­MENT COMPANY ACT OF 1940 AND GENERAL RULES AND REGU­LATIONS THEREUNDER

PART , 276-INTERPRETATIVE RE­LEASES RELA liNG TO THE INVEST· MENT ADVISERS ACT OF 1940 AND ' GENERAL RULES AND . REGULA­TIONS THEREUNDER

Procedure Applicable to Requests for No Action or Interpretative Letters The Commission in Securities Act

Release 5098 (35 F.R. 17779) announced the adoption, effective December 1, 1970, of a rule (17 CFR 200.81> providing for the public avallabUity of requests for no action and interpretative letters and the responses thereto. The purpose of this release is to indicate more specificallY the procedures to be followed by persons submitting such requests in order to facilitate their processing and so that the letter containing the request and the response thereto will be conveniently available for public use in the Public Reference Room in the principal office of the Commission in Washington. To meet these needs the following procedure should be followed:

1. An original and two copies of each letter requesting a no action PO§ition or­interpretation should be submitted. If the inquiry involves more than one sub­section of a statute, or subsections of more than one statute, an additional copy of the letter should be submited for each subsection involved.

RULES AND ,REGULATIONS

2. The specific subsection of the par­ticular statute to which the letter per­tains should be indicated in the upper righthand comer of the original and each copy of the letter submitted pur­suant to paragraph 1 above. Thus, for example, a letter requesting an interpre­tation of the intrastate exemption would be captioned "1933 Act/3(a) 01>," and a letter requesting an interpretation of Rule 10b-6 under the Securities Ex­chJWge Act of 1934 would be captioned "1934 Act/Rule 10b-6."

3. The names of the company or com­panies and all other persons involved should be stated. Letters relating to un­named companies or persons, or to hypo­thetical situations, will not be answered.

4. Letters should be limited to the par­ticular situation involvmg the problem at hand, and should not attempt to in­clude every possible type of situation which may arise in the future.

5. While it is essential that letters contain all of the facts necessary to reach a conclusion in the matter, they should be concise and to the point.

6. The writer should indicate why he thinks a problem exists, his own opinion in the matter and the basis for such opinion.

7. If a request for confidential treat­ment is made, this request and the basis therefor should be included in a separate letter and submitted with the no action request letter.

Because' of the volume of letters re­ceived, letters which are not 'Prepared in accordance with the procedures set forth above may be returned to the sender for compliance with such procedures. ,

By the Commission, January 25, 1971. [SEAL] ORVAL L. DuBoiS,

Secretarv. [FR Doc.71-1720 Filed 2-8-71;8:47 am]

Title 41-PUBUC CONTRACTS AND PROPERTY MANAGEMENT

Chapter 1 01-Federal Property Management Regulations

SUBCHAPTER E-SUPPL Y AND PROCUREMENT

PART 101-26-PROCUREMENT SOURCES AND PROGRAMS

Procedures for Ordering Security Cabinets

This amendment deletes the require­ment for obtaining a letter of authoriza­tion to procure security cabinets.

The table of contents for Part 101-26 is amended to revise the caption of § 101-26.407 as follows: Sec. 101-26.407 :Procurement of security cabinets

by Government fixed-price price contractors and subcon­tractors.

Subpart 101-26.4;_Purchaso of !toms From Federal Supply Schedule Con• tracts The caption t~ § 101-26.407 is revised

to read as follows: § 101-26.407 Procurement o£ s~urlty

cabinets by Government fh:ctl•prlco prime contractors nnd eubcontrnclors.

~ection 101-26.<107-3 is amended ns follows: § 101-26.407-3 Ptocctluro for or1lcrlug

security cnbinets. Q • • • •

(b) Purchase orders for security cnbl· nets under Federal Supply Schedule con• tracts submitted by fixed-price prlmo contractors 6r subcontracto1·s under any type of contract shall contain n state· ment that such cabinets arc needed for housing Government security clnsslflcd information and that the purchase of such cabinets is required to comply with the security provision of a Government contract. .

<c> A statement substantially as rot .. lows shall be placed on orders for sccu• rity cabinets placed with Federal Supply Schedule contractors:

In the event or any lnconslstoncy botwcon the terms and conclltlons ot this ord~r and those or your Fcdornl supply Sohcd\tlo con• tract, the latter will covom. (Sec. 205(c), 63 stat. 300; 40 u.s.a. 466(o))

Effective date. This regulation is effec­tive upon publication in tho FJ::DIJnAL REGISTER (2-9-71).

Dated: February 2, 1971. RODERT L, KUNZIO,

Administrator oJ General SCT'I)Ices. {FR. Doc.71-171G Fllcd 2-8-71;8:40 llln)

Chapier 114-Department of tho Interior

MISCELLANEOUS AMENDMENTS TO CHAPTER

Pursuant to the authority of tho Sec­retary of the Interior contained 1n 5 U.S.C. 301 <Supp. V, 1965-1960) and sec• tion 205(c>, 63 Stat. 390: 40 U.S.C. 486(C). §§ 114-1.100-50, 114-43.102-52, and 114-47.203-l(c) are amended as sob forth below. These revised sections shall become effective on the date of publica­tion in the FEDERAL REGISTER (2-0-71),

RICHARD R. HITIJ, DePlttY Aasistant Seoretarv

jor Administration, FEBRUARY 2, 1971.

PART 114-1- INTRODUCTION

Subpart 114-1.1-Regulation Sy!ltom I. The following amends 41 CFR Part

114-1 as previously published at 34 F.R. 439:

Section 114-1.109-50 is amended to read as follows: § 114-1.109-50 Durcnu nnd Office co1l•

ificntion. Bureau regulations codified into tho

FPMR System will be identifled by nl-

FEDERAL REGISTER, VOL. 36, NO, 27-TUESDAY, FEBRUARY 9, 1971