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21262 Federal Register / Vol. 70, No.

78 / Monday, April 25, 2005 / Notices

C. Acceleration Section, 450 Fifth Street, NW., oversight and enforcement activities. It
The Commission finds good cause for Washington, DC 20549. Copies of such follows in time the Administrator’s
approving proposed Amendment No. 2 filing also will be available for approval of designated responsibilities
before the 30th day after the date of inspection and copying at the principal of SBA’s Office of Lender Oversight. It
publication of notice of filing thereof in office of the Amex. All comments also incorporates specific authorities
the Federal Register. In Amendment received will be posted without change; enacted in Pub. L. 108–447, Division K
No. 2, Amex made minor modifications the Commission does not edit personal (December 7, 2004) or promulgated in
to the rule text and corresponding identifying information from SBA regulations codified at 13 CFR part
description, which clarified the scope of submissions. You should submit only 120 or part 145. Delegation of Authority
the proposal. The Commission believes information that you wish to make 12–G reads as follows:
available publicly. All submissions Delegation of Authority No. 12–G.
that Amendment No. 2 will facilitate
should refer to File Number SR–Amex–
application of the Exchange’s generic I. The Administrator of the SBA,
2005–001 and should be submitted on
listing standards and enable more Hector V. Barreto, pursuant to the
or before May 16, 2005.
expeditious review and listing of Index authority vested in him by the Small
Securities by Amex, reducing V. Conclusion Business Act, 15 U.S.C. 631, as
administrative burdens and benefiting It is therefore ordered, pursuant to amended, and the Small Business
the investing public. Thus, the section 19(b)(2) of the Act,33 that the Investment Act of 1958, 15 U.S.C. 661,
Commission finds good cause to proposed rule change (SR–Amex–2005– as amended, hereby delegates the
accelerate approval of the proposed rule 001), as modified by Amendment No. 1, following authorities:
change, as amended. is hereby approved, and that A. To the Associate Administrator for
Amendment No. 2 to the proposed rule the Office of Lender Oversight (AA/
IV. Solicitation of Comments
change is hereby approved on an OLO):
Interested persons are invited to accelerated basis. 1. Lender Oversight Activities.
submit written data, views, and a. To direct and coordinate SBA’s
arguments concerning Amendment No. For the Commission, by the Division of
lender oversight activities.
Market Regulation, pursuant to delegated
2, including whether Amendment No. 2 b. To review, examine, monitor, and
authority.34
is consistent with the Act. Comments assess the risks to SBA loan programs
Margaret H. McFarland,
may be submitted by any of the of, SBA lenders [including but not
following methods: Deputy Secretary.
limited to Small Business Lending
[FR Doc. E5–1949 Filed 4–22–05; 8:45 am] Companies (SBLCs); non-Federally
Electronic Comments BILLING CODE 8010–01–P regulated lenders (as defined in Section
• Use the Commission’s Internet 3(r)(2) of the Small Business Act); other
comment form (http://www.sec.gov/ 7(a) lenders; Certified Development
rules/sro.shtml); or SMALL BUSINESS ADMINISTRATION Companies (CDCs); and intermediaries
• Send an e-mail to rule- participating in SBA’s Microloan
comments@sec.gov. Please include File Delegations of Authority Program (as defined in 13 CFR
Number SR–Amex–2005–001 on the AGENCY: Small Business Administration. 120.701(e))] using a variety of oversight
subject line. tools, including but not limited to:
ACTION:Notice of Delegations of
Paper Comments Authority. SBA’s Loan and Lender Monitoring
System (L/LMS); on-site reviews; off-site
• Send paper comments in triplicate SUMMARY: This document provides the monitoring and evaluation; and lender
to Jonathan G. Katz, Secretary, public notice of the delegations of ratings.
Securities and Exchange Commission, authority for lender oversight and c. To set capital standards for SBLCs.
450 Fifth Street, NW., Washington, DC enforcement activities by the d. To assume responsibility for
20549–0609. Administrator of the Small Business follow-up and day-to-day dealings with
All submissions should refer to File Administration (SBA) to the Associate lenders with higher risk ratings of 4 or
Number SR–Amex–2005–001. This file Administrator for the Office of Lender 5, other than servicing actions on
number should be included on the Oversight, the Lender Oversight individual loans (which will be
subject line if e-mail is used. To help the Committee, and the Associate Deputy reviewed by the Office of Financial
Commission process and review your Administrator for Capital Access. Assistance (OFA)), including but not
comments more efficiently, please use FOR FURTHER INFORMATION CONTACT: limited to approving delegations of
only one method. The Commission will Janet A. Tasker, Associate Administrator program authority (for example new
post all comments on the Commission’s for the Office of Lender Oversight, or authority, renewal of authority, or
Internet Web site (http://www.sec.gov/ Diane K. Wright, Attorney Advisor, U.S. expansion of authority in the Preferred
rules/sro.shtml). Copies of the Small Business Administration, 409 3rd Lender Program, Express Program,
submission, all subsequent Street, SW., Washington, DC 20416, Premier Certified Lender Program or any
amendments, all written statements telephone numbers: (202) 205–3049 or other delegated program authority
with respect to the proposed rule (202) 205–6642, respectively; facsimile established in the future).
change that are filed with the number: (202) 205–6846; and electronic e. To head and direct the activities of
Commission, and all written mail: janet.tasker@sba.gov or the Bureau of PCLP Oversight.
communications relating to the diane.wright@sba.gov, respectively. f. To take all other actions relating to
proposed rule change between the SUPPLEMENTARY INFORMATION: This lender oversight activities that are not
Commission and any person, other than publication provides the public notice otherwise delegated to others pursuant
those that may be withheld from the of the Administrator’s delegations of to these Delegations of Authority.
public in accordance with the authority with respect to SBA’s lender 2. Enforcement Actions.
provisions of 5 U.S.C. 552, will be a. To make recommendations to the
available for inspection and copying in 33 15 U.S.C. 78s(b)(2). Lender Oversight Committee relating to
the Commission’s Public Reference 34 17 CFR 200.30–3(a)(12). enforcement actions against lenders

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Federal Register / Vol. 70, No. 78 / Monday, April 25, 2005 / Notices 21263

with higher risk ratings (ratings of 4 or b. With respect to all other collection packages that will require
5). enforcement actions, to vote to approve, clearance by the Office of Management
b. To take enforcement actions against disapprove, or modify the action. and Budget (OMB) in compliance with
lenders with higher risk ratings (ratings 3. To review OLO’s budget, staffing, Public Law 104–13, the Paperwork
of 4 or 5) as approved by the Lender and operating plans. Reduction Act of 1995, effective October
Oversight Committee and, if necessary, 4. To take such other actions and 1, 1995. The information collection
as approved by the Administrator or perform such other functions as may be packages that may be included in this
his/her authorized delegatee, with the formally adopted by SOP or otherwise. notice are for new information
concurrence of the Office of General C. To the Associate Deputy collections, approval of existing
Counsel. Administrator for Capital Access (ADA/ information collections, revisions to
c. To take all other actions in CA): OMB-approved information collections,
1. In addition to the powers and and extensions (no change) of OMB-
connection with lender oversight
authorities already delegated to the approved information collections.
enforcement for lenders with higher risk
ADA/CA, to issue a directive to one or SSA is soliciting comments on the
ratings (ratings of 4 or 5) that are not
more SBLCs that he/she determines is accuracy of the agency’s burden
otherwise delegated to others pursuant
being operated in an imprudent manner estimate; the need for the information;
to these Delegations of Authority.
to increase capital to such level as he/ its practical utility; ways to enhance its
d. To take other actions in connection she determines will result in the safe quality, utility, and clarity; and on ways
with lender oversight enforcement as and sound operation of the SBLC, in to minimize burden on respondents,
permitted by regulation. accordance with SBA regulations. including the use of automated
3. Policy, Program, and Portfolio II. The authorities delegated to the collection techniques or other forms of
Analysis. AA/OLO, except the authority to change information technology. Written
a. To provide the Office of Capital assigned ratings, may be redelegated. comments and recommendations
Access (OCA) and appropriate program III. The authorities delegated to the regarding the information collection(s)
management offices with independent AA/OLO may be exercised by any SBA should be submitted to the OMB Desk
policy, program and portfolio analysis employee officially designated as Acting Officer and the SSA Reports Clearance
for SBA’s loan programs and portfolios. in the position. Officer. The information can be mailed
b. To monitor changes in accounting, IV. The authority delegated herein to and/or faxed to the individuals at the
banking, and financial industries the ADA/CA may be exercised by any addresses and fax numbers listed below:
relative to small business lending, and SBA employee officially designated as (OMB), Office of Management and
recommend appropriate modification of Acting in the position. Budget, Attn: Desk Officer for SSA;
SBA oversight and lending policies. V. Other than the authority delegated Fax: (202) 395–6974.
c. To conduct reviews of the to the Lender Oversight Committee in (SSA), Social Security Administration,
guaranteed purchase review process, Paragraph I.B.2.b., the authorities DCFAM, Attn: Reports Clearance
practices and decisions. delegated herein to the Lender Officer, 1338 Annex Building, 6401
d. To provide L/LMS administration Oversight Committee and the ADA/CA Security Blvd., Baltimore, MD 21235;
and support. may not be redelegated. With regard to Fax: (410) 965–6400.
4. To serve as the debarring and the Paragraph I.B.2.b., the Lender
I. The information collections listed
suspending official for SBA’s financial Oversight Committee may delegate
below are pending at SSA and will be
assistance programs in accordance with authority to the AA/OLO to approve
submitted to OMB within 60 days from
current regulations. certain specified enforcement actions.
the date of this notice. Therefore, your
VI. The authorities delegated herein
5. To take all other actions in comments should be submitted to SSA
can only be revoked by the
connection with matters related to within 60 days from the date of this
Administrator and in writing.
SBA’s Lender Oversight Program and to VII. All previous delegations that are publication. You can obtain copies of
do and perform and to assent to the contrary to these delegations are hereby the collection instruments by calling the
doing and performance of, each and revoked. SSA Reports Clearance Officer at (410)
every act and thing requisite and proper VIII. These delegations of authority 965–0454 or by writing to the address
to effectuate the powers granted herein. may be amended from time to time. listed above.
B. To the Lender Oversight 1. Record of SSI Inquiry—20 CFR
Authority: 15 U.S.C. 634(b)(7); 15 U.S.C. 416.345—0960–0140.
Committee: 687(f); 15 U.S.C. 650; 15 U.S.C. 696(3)(A); 15
1. To review reports on lender Form SSA–3462 is completed by SSA
U.S.C. 697(a)(2); 15 U.S.C. 697e(c)(8); and personnel via telephone or personal
oversight activities. Pub.L. 104–208, Division D, Title I, Section
2. To review enforcement action 103(h) (September 30, 1996).
interview, and it is used to determine
recommendations of the AA/OLO for potential eligibility for Supplemental
Dated: April 19, 2005. Security Income (SSI) benefits. The
lenders with higher risk ratings (ratings Hector V. Barreto,
of 4 or 5), and respondents are individuals who
Administrator. inquire about SSI eligibility for
a. With respect to enforcement actions
[FR Doc. 05–8170 Filed 4–22–05; 8:45 am] themselves or someone else.
under Sections 23(b) (directive to Type of Request: Extension of an
BILLING CODE 8025–01–P
increase capital for SBLC), 23(d) OMB-approved information collection.
(revocation or suspension of loan Number of Respondents: 2,134,100.
authority of SBLC/non-Federally Frequency of Response: 1.
regulated lender), and 23(e) (cease and SOCIAL SECURITY ADMINISTRATION
Average Burden per Response: 5
desist order issued to SBLC/non- minutes.
Agency Information Collection
Federally regulated lender) of the Small Estimated Annual Burden: 177,842
Activities: Proposed Request and
Business Act, to vote to recommend this hours.
Comment Request
or another action or to vote to not 2. The Ticket to Work and Self-
recommend action, to the Administrator The Social Security Administration Sufficiency Program—20 CFR 411.160–
or his/her authorized delegatee, and (SSA) publishes a list of information .730—0960–0644.

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