Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054 Page: 46,603
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Federal Register/Vol. 76, No. 149 /Wednesday, August 3, 2011 /Rules and Regulations
is accepted by the CPSC on or before
October 3, 2011;
* With regard to tests conducted
under F 963-08, the product was tested
to the applicable section(s) on or after
May 13, 2009; with regard to tests
conducted under section 4.27 of F 963-
071, the product was tested on or after
August 14, 2008;
* The accreditation scope in effect for
the third party conformity assessment
body at the time of testing expressly
included testing to the toy standard
section(s) under which the test(s) was
* The test results show compliance
with the applicable current toy
* The third party conformity
assessment body's accreditation,
including inclusion in its scope of the
toy standard section(s) under which the
test(s) was conducted, remains in effect
through the effective date for mandatory
third party testing and manufacturer
certification for conformity with ASTM
F 963-08 and/or section 4.27 of ASTM
Dated: July 22, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety
[FR Doc. 2011-18962 Filed 8-2-11; 8:45 am]
BILLING CODE 6355-01-P
SECURITIES AND EXCHANGE
17 CFR Parts 200, 229, 230, 232, 239,
240, and 249
[Release No. 33-9245; 34-64975; File No.
AGENCY: Securities and Exchange
ACTION: Final rule.
SUMMARY: In light of the provisions of
Section 939A of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act, we are adopting amendments to
replace rule and form requirements
under the Securities Act of 1933 and the
Securities Exchange Act of 1934 for
securities offering or issuer disclosure
rules that rely on, or make special
accommodations for, security ratings
(for example, Forms S-3 and F-3
eligibility criteria) with alternative
DATES: Effective Date: This rule is
effective September 2, 2011 except for
the following amendments, which are
effective December 31, 2012:
* Amendatory instruction 2
amending 17 CFR 200.800;
* Amendatory instruction 4
amending 17 CFR 229.10;
* Amendatory instruction 10
amending 17 CFR 230.467;
* Amendatory instruction 11
amending 17 CFR 230.473;
* Amendatory instruction 13
amending 17 CFR 232.405;
* Amendatory instruction 21
amending 17 CFR 239.38;
* Amendatory instruction 22
amending Form F-8 [referenced in 17
* Amendatory instruction 23
removing Form F-9 [referenced in
* Amendatory instruction 24
amending 17 CFR 239.40;
* Amendatory instruction 25
amending Form F-10 [referenced in 17
* Amendatory instruction 26
amending 17 CFR 239.41;
* Amendatory instruction 27
amending Form F-80 [referenced in 17
* Amendatory instruction 28
amending 17 CFR 239.42;
* Amendatory instruction 29
amending Form F-X [referenced in 17
* Amendatory instruction 33
amending 17 CFR 249.240f; and
* Amendatory instruction 34
amending Form 40-F [referenced in 17
FOR FURTHER INFORMATION CONTACT:
Blair Petrillo, Special Counsel in the
Office of Rulemaking, Division of
Corporation Finance, at (202) 551-3430,
or with respect to issuers of insurance
contracts, Keith E. Carpenter, Senior
Special Counsel in the Office of
Disclosure and Insurance Product
Regulation, Division of Investment
Management, at (202) 551-6795, U.S.
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
SUPPLEMENTARY INFORMATION: We are
adopting amendments to rules and
forms under the Securities Act of 1933
("Securities Act"),1 and the Securities
Exchange Act of 1934 ("Exchange
Act").2 Under the Securities Act, we are
adopting amendments to Rules 134,3
138,4 139,5 168,6 Form S-3,7 Form S-4,8
115 U.S.C. 77a et seq.
2 15 U.S.C. 78a et seq.
17 CFR 230.134.
417 CFR 230.138.
517 CFR 230.139.
6 17 CFR 230.168.
717 CFR 239.13.
817 CFR 239.25.
Form F-3,9 and Form F-4.1o We are
rescinding Form F-9 11 and adopting
amendments to the Securities Act and
Exchange Act forms and rules that refer
to Form F-9 to eliminate those
references.12 We are also amending
Schedule 14A13 under the Exchange
We are adopting amendments today to
remove references to credit ratings in
rules and forms promulgated under the
Securities Act and the Exchange Act. On
February 9, 2011, we proposed
amendments in light of Section 939A of
the Dodd-Frank Wall Street Reform and
Consumer Protection Act ("Dodd-
Frank") 14 to remove references to credit
ratings in rules and forms under the
Securities Act and the Exchange Act.15
We proposed similar changes in 2008,
prior to the enactment of the Dodd-
Frank Act, but did not act on those
We have considered the role of credit
ratings in our rules under the Securities
Act on several previous occasions and
even proposed removal of some
references to credit ratings prior to the
enactment of the Dodd-Frank Act.17
917 CFR 239.33.
10o 17 CFR 239.34.
1117 CFR 239.39.
12 We are removing references to Form F-9 in
Securities Act Forms F-8 [17 CFR 239.38], F-10 [17
CFR 239.40], F-80 [17 CFR 239.41], and Form F-
X [17 CFR 239.42]; in Exchange Act Form 40-F [17
CFR 249.240f], and in the following rules: 17 CFR
200.800, 17 CFR 229.10, 17 CFR 230.134, 17 CFR
230.467, 17 CFR 230.473, and 17 CFR 232.405.
1317 CFR 240.14a-101.
14Pub. L. No. 111-203, 124 Stat. 1376 (2010).
Section 939A of the Dodd-Frank Act requires that
we "review any regulation issued by [us] that
requires the use of an assessment of the credit-
worthiness of a security or money market
instrument and any references to or requirements in
such regulations regarding credit ratings." Once we
have completed that review, the statute provides
that we modify any regulations identified in our
review to "remove any reference to or requirement
of reliance on credit ratings and to substitute in
such regulations such standard of credit-
worthiness" as we determine to be appropriate.
15 See Security Ratings, Release No. 33-9186 (Feb.
9, 2011) [76 FR 8946] ("2011 Proposing Release").
16 See Security Ratings, Release No. 33-8940 (July
1, 2008) [73 FR 40106] ("2008 Proposing Release").
In 2009, we re-opened the comment period for the
release for an additional 60 days. See References to
Ratings of Nationally Recognized Statistical Rating
Organizations, Release No. 33-9069 (Oct. 5, 2009)
[74 FR 52374]. Public comments on both of these
releases were published under File No. S7-18-08
and are available at http://www.sec.gov/comments/
s7-18-os/s71808.shtml. Comments also are 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 a.m. and 3 p.m.
17 See the 2008 Proposing Release for a discussion
of the history and background of references to credit
ratings in rules and regulations under the Securities
Act. See also Credit Ratings Disclosure, Release No.
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United States. Office of the Federal Register. Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054, periodical, August 3, 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52326/m1/17/: accessed March 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.