Commodity and
`Securities
`Exchanges
`
`17
`
`PARTS 200 to 239
`Revised as of April 1, 1996
`
`CONTAINING
`A CODIFICATION OF DOCUMENTS
`OF GENERAL APPLICABILITY
`AND FUTURE EFFECT
`
`AS OF APRIL 1, 1998
`
`With Ancillaies
`
`Published by
`the Office of the Federal Register
`National Archives and Records
`Administration
`as a Special Edition of
`the Federal Register
`
`Liberty Mutual Exhibit 1054
`Liberty Mutual v. Progressive
`CBM2013-00009
`Page 00001
`
`

`

`U.S. GOVERNMENT PRINTING OFFICE
`WASHINGTON: 1996
`
`For sale by U.S. Government Printing Office
`Superintendent of Documents. Mall Stop: SSOP. Wabhington. DC 20402-928
`
`Page 00002
`
`

`

`Table of Contents
`
`E xplanation ................................................................................................
`
`Page
`v
`
`Title 17:
`
`Chapter fl-Securities and Exchange Commission .............................
`
`3
`
`Finding Aids:
`
`Material Approved for Incorporation by Reference ............................
`
`Table of CFR Titles and Chapters .......................................................
`
`Alphabetical List of Agencies Appearing in the CFR .........................
`
`List of CFR Sections Affected .............................................................
`
`655
`
`657
`
`673
`
`683
`
`Page 00003
`
`

`

`Cite this Code: CFR
`
`To cite the regulations in
`this volume use title,
`part and section num-
`ber. Thus, 17 CFR 200.1
`refers to title 17, part
`200, section 1.
`
`Page 00004
`
`

`

`Title 17-Commodity
`and Securities
`Exchanges
`
`(This book contains parts 200 to 239)
`
`CHAPTER n-Securities and Exchange Commission ...............
`
`Part
`200
`
`Page 00005
`
`

`

`CHAPTER 1I-SECURITIES AND EXCHANGE
`COMMISSION
`
`Part
`200
`
`201
`202
`203
`204
`209
`
`210
`
`211
`
`228
`
`229
`
`230
`
`231
`
`232
`
`239
`
`Organization; conduct and ethics; and information
`and requests ........................................................
`Rules of practice .....................................................
`Informal and other procedures ................................
`Rules relating to investigations ..............................
`Rules relating to debt collection ............................
`Forms prescribed under the commission's rules of
`practice ................................................................
`Form and content of and requirements for finan-
`cial statements, Securities Act of 1933, Securities
`Exchange Act of 1934, Public Utility Holding
`Company Act of 1935, Investment Company Act
`of 1940, and Energy Policy and Conservation Act
`of 1975 ...................................................................
`to financial
`reporting
`Interpretations relating
`m atters .................................................................
`Integrated disclosure system for small business is-
`suers .....................................................................
`Standard instructions for filing forms under Secu-
`rities Act of 1933, Securities Exchange Act of 1934
`and Energy Policy and Conservation Act of 1975-
`Regulation S-K ....................................................
`General rules and regulations, Securities Act of
`1933 .......................................................................
`Interpretative releases relating to the Securities
`Act of 1933 and general rules and regulations
`thereunder ............................................................
`Regulation S-T--General rules and regulations for
`electronic filings ..................................................
`Forms prescribed under the Securities Act of 1933
`
`Page
`
`5
`135
`190
`196
`198
`
`212
`
`213
`
`296
`
`297
`
`345
`
`439
`
`597
`
`604
`621
`
`Page 00006
`
`

`

`PART 200-ORGANIZATION; CON-
`DUCT AND ETHICS; AND INFOR-
`MATION AND REQUESTS
`Subpart A-Organization and Program
`Management
`
`Sec.
`200.1 General statement and statutory au-
`thority.
`200.2 Statutory functions.
`GENERAL ORGANIZATION
`200.10 The Commission.
`200.11 Headquarters Office-Regional and
`District Office relationships.
`200.12 Functional responsibilities.
`200.13 Executive Director.
`200.13a The Secretary of the Commission.
`200.13b Director of the Office of Public Af-
`fairs, Policy Evaluation, and Research.
`200.14 Office of Administrative Law Judges.
`200.15 Office of International Affairs.
`200.16 Executive Assistant to the Chairman.
`200.16a Inspector General.
`200.17 Chief Management Analyst.
`200.18 Director of Division of Corporation
`Finance.
`200.19a Director of the Division of Market
`Regulation.
`200.19b Director of the Division of Enforce-
`ment.
`200.19c Director of the Office of Compliance
`Inspections and Examinations.
`200.20b Director of Division of Investment
`Management.
`200.20c Office of Filings and Information
`Services.
`200.21 The General Counsel.
`200.21a The Ethics Counsel.
`200.22 The Chief Accountant.
`200.23a Office of Economic Analysis.
`200.23b
`[Reserved]
`200.24 Office of the Comptroller.
`2W0.24a Director of the Office of Consumer
`Affairs.
`200.25 Office of Administrative and Person-
`nel Management.
`200.26
`[Reserved]
`200.26a Office of Information Technology.
`200.27 The Regional Directors.
`200.27a The District Administrators.
`200.28 Issuance of instructions.
`200.29 Rules.
`200.30-1 Delegation of authority to Director
`of Division of Corporation Finance.
`200.30-3 Delegation of authority to Director
`of Division of Market Regulation.
`200.30-4 Delegation of authority to Director
`of Division of Enforcement.
`200.30-5 Delegation of authority to Director
`of Division of Investment Management.
`200.30-6 Delegation of authority to Regional
`Directors.
`200.30-6a Delegation of authority to District
`Administrators.
`
`to Sec-
`
`200.30-7 Delegation of authority
`retary of the Commission.
`200.30-8
`[Reserved]
`200.30-9 Delegation of authority to hearing
`officers.
`200.30-10 Delegation of authority to Chief
`Administrative Law Judge.
`200.30-11 Delegation of authority to Associ-
`ate Executive Director of the Office of
`Filings and Information Services.
`200.30-12
`[Reserved]
`200.30-13 Delegation of authority to Associ-
`ate Executive Director of the Office of
`the Comptroller.
`200.30-14 Delegation of authority
`General Counsel.
`200.30-15 Delegation of authority to Execu-
`tive Director.
`200.30-16 Delegation of authority to Execu-
`tive Assistant to the Chairman.
`200.30-17 Delegation of authority to Direc-
`tor of Office of International Affairs.
`200.30-18 Delegation of authority to Direc-
`tor of the Office of Compliance Inspec-
`tions and Examinations.
`
`to the
`
`Subpart B-Dspostlon of Commission
`Business
`
`200.40 Joint disposition of business by Com-
`mission meeting.
`200.41 Quorum of the Commission.
`200.42 Disposition of business by seriatim
`Commission consideration.
`200.43 Disposition of business by exercise of
`authority delegated to individual Com-
`missioner.
`
`Subpart C-Canons of Ethics
`200.50 Authority.
`200.51 Policy.
`200.52 Copies of the Canons.
`200.53 Preamble.
`200.54 Constitutional obligations.
`200.55 Statutory obligations.
`200.56 Personal conduct.
`200.57 Relationships with other members.
`200.58 Maintenance of independence.
`200.59 Relationship with persons subject to
`regulation.
`200.60 Qualification to participate In par-
`ticular matters.
`200.61
`Impressions of Influence.
`200.62 Ex parte communications.
`200.63 Commission opinions.
`200.64 Judicial review.
`200.65 Legislative proposals.
`200.66 Investigations.
`200.67 Power to adopt rules.
`200.68 Promptness.
`200.69 Conduct
`toward parties and their
`counsel.
`200.70 Business promotions.
`200.71 Fiduciary relationships.
`200.72 Supervision of internal organization.
`
`Page 00007
`
`

`

`P1. 200
`
`Subpart D-Information and Requests
`
`200.80 Commission records and information.
`200.80a Appendix A-Documentary mate-
`rials available to the public.
`200.80b Appendix B-SEC releases.
`200.80c Appendix C-Rules and miscellane-
`ous publications available from the Gov-
`ernment Printing Office.
`200.80d Appendix D--Other
`publications
`available from the Commission.
`200.80e Appendix E--Schedule of fees for
`records services.
`200.80f Appendix F-Records control sched-
`ule.
`200.81 Publication of interpretative, no-ac-
`tion letters and other written commu-
`nications.
`200.82 Public availability of materials filed
`pursuant to §240.14a-8(d) and related ma-
`terials.
`200.83 Confidential
`treatment procedures
`under the Freedom of Information Act.
`
`Subpart E-[Reserved]
`
`Subpart F-Code of Behavior Governing Ex
`Parte Communications Between Per-
`sons Outside
`the Commission and
`Decisional Employees
`200.110 Purpose.
`200.111 Prohibitions;
`tions.
`200.112 Duties of recipient; notice to partici-
`pants.
`200.113 Opportunity to respond;
`tion.
`200.114 Sanctions.
`
`intercep-
`
`application;
`
`defini-
`
`17 CFR Ch. 11 (4-1-96 Edition)
`
`200.303 Times, places and requirements for
`requests pertaining to individual records
`In a record system and for the identifica-
`tion of individuals making requests for
`access to the records pertaining to them.
`200.304 Disclosure of requested records.
`200.305 Special procedure: Medical records.
`200.306 Requests for amendment or correc-
`tion of records.
`200.307 Review of requests for amendment
`or correction.
`200.308 Appeal of initial adverse agency de-
`termination as to access or as to amend-
`ment or correction.
`200.309 General provisions.
`200.310 Fees.
`200.311 Penalties.
`200.312 Specific exemptions.
`200.313 Inspector General exemptions.
`
`Subpart I-Regulations Pertaining to Public
`Observation of Commission Meetings
`200.400 Open meetings.
`200.401 Definitions.
`200.402 Closed meetings.
`200.403 Notice of Commission meetings.
`200.404 General procedure for determination
`to close meeting.
`200.405 Special procedure for determination
`to close meeting.
`200.406 Certification by the General Coun-
`sel.
`200.407 Transcripts, minutes, and other doc-
`uments concerning closed Commission
`meetings.
`200.408 Public access to transcripts and
`minutes of closed Commission meetings;
`record retention.
`200.409 Administrative appeals.
`200.410 Miscellaneous.
`
`Subpart G-Plan of Organization and Op-
`eration Effective During Emergency
`Condmons
`
`Subpart J-Classlficatlon and Declasslfica-
`Non of National Security Information
`and Material
`
`effective
`
`200.200 Purpose.
`conditions,
`200.201 Emergency
`date, and duration.
`200.202 Offices, and information and submit-
`tals.
`200.203 Organization, and delegations of au-
`thority.
`200.204 Personnel, fiscal, and service func-
`tions.
`200.205 Effect upon existing Commission or-
`ganization, delegations, and rules.
`
`Subpart H-Regulations Pertaining to the
`Privacy of Individuals and Systems of
`Records Maintained by the Commis-
`sion
`
`200.301 Purpose and scope.
`200.302 Definitions.
`
`200.500 Purpose.
`200.501 Applicability.
`200.502 Definition.
`200.503 Senior agency official.
`200.504 Oversight Committee.
`200.505 Original classification.
`200.506 Derivative classification.
`200.507 Declassification dates on derivative
`documents.
`200.508 Requests for mandatory review for
`declassification.
`200.509 Challenge to classification by Com-
`mission employees.
`200.510 Access by historical researchers.
`200.511 Access by former Presidential ap-
`pointees.
`Subpart K-Regulations Pertaining to the
`Protection of the Environment
`
`200.550 Purpose.
`
`Page 00008
`
`

`

`§ 200.72
`
`§200.72 Supervision of internal orga-
`nization.
`Members and particularly the Chair-
`man of the Commission should scruti-
`nize continuously its internal organiza-
`tion in order to assure that such orga-
`nization handles all matters before it
`efficiently and expeditiously, while
`recognizing that changing times bring
`changing emphasis in the administra-
`tion of the laws.
`
`Subpart D-Information and
`Requests
`
`AUTHORITY: 15 U.S.C. 77f(d), 77s, 77ggg(a),
`78m(F)(3), 78w, 79t, 79v(a), 77sss, 80a-37, 80a-
`44(c), 80a-44(b), 80b-10(a), 80b-11, and 36 CFR
`1228.10.
`§20.80 also issued under 5 U.S.C. 552b; Pub.
`L. 87-592, 76 Stat. 394, 15 U.S.C. 78d-1, 78d-
`2; Pub. L. 93-502; Pub. L. 93-579; 15 U.S.C.
`78a et. seq., as amended by Pub. L. 84-29
`(June 4, 1975) and by secs. llA, 15, 19 and 23
`(15 U.S.C.
`of Pub. L. 98-38 (June 6, 1983)
`78k-1, 78o, 78s and 78w); 11 U.S.C. 901,
`1109(a).
`§ 200.80a also issued under 5 U.S.C. 552b.
`§§200.80b and 200.80c also issued under 11
`U.S.C. 901, 1109(a).
`§200.82 also issued under 15 U.S.C. 78n.
`§ 200.80 Commission records and infor-
`mation.
`the
`(a)(1) Information published in
`FEDERAL REGISTER. Except as provided
`in paragraph (b) of this section the fol-
`lowing materials are published in the
`FEDERAL REGISTER for the guidance of
`the public:
`(i) Description of the Commission's
`central and field organization and the
`established places at which, the em-
`ployees from whom, and the methods
`whereby the public may obtain infor-
`mation, make submittals or requests,
`or obtain decisions;
`(ii) Statements of the general course
`and method by which the Commission's
`functions are channeled and deter-
`mined, including the nature and re-
`quirements of all formal and informal
`procedures available;
`(iii) Rules of procedure, descriptions
`of forms available or the places at
`which forms may be obtained, and in-
`structions as to the scope and contents
`of all papers, reports, or examinations;
`(iv) Substantive rules of general ap-
`plicability adopted as authorized by
`
`17 CFR Ch. 11 (4-1-96 Edition)
`
`law, and statements of general policy
`or interpretations of general applica-
`bility formulated and adopted by the
`Commission;
`(v) Each amendment, revision, or re-
`peal of the foregoing; and
`(vi) The notice of Commission meet-
`ings described in §200.403, but only to
`the extent, and under the conditions,
`specified in § 200.403.
`(2) Records available for public inspec-
`tion and copying; documents published
`in
`and indexed. Except as provided
`paragraph (b) of this section, the fol-
`lowing materials are available for pub-
`lic inspection and copying during nor-
`mal business hours at the public ref-
`located at 450 Fifth
`room
`erence
`Street, NW., Room 1024, Washington,
`DC and at the Regional Offices of the
`Commission, and, except for indices,
`they are published weekly in a docu-
`ment entitled "SEC Docket" (see para-
`graph (e)(8)(ii) of this section):
`(i) Final opinions of the Commission,
`including concurring and dissenting
`opinions, as well as orders made by the
`the adjudication of
`in
`Commission
`cases;
`(ii) Statements of policy and inter-
`pretations which have been adopted by
`the Commission and are not published
`in the FEDERAL REGISTER;
`(iii) Administrative staff manuals
`and instructions to staff that affect a
`member of the public;
`(iv) A record of the final votes of
`each member of the Commission in
`con-
`every Commission proceeding
`cluded after July 1, 1967; and
`(v) Current indices (published quar-
`terly or more frequently) providing
`identifying information to the public
`as to the materials made available pur-
`suant to paragraphs (a)(2) (i), (ii), and
`(iii) of this section which have been is-
`sued, adopted or promulgated after
`July 1, 1967, and such other indices as
`the Commission may determine.
`(3) Other records available upon re-
`quest. Except with respect to the rec-
`ords made available under paragraphs
`(a) (1) and (2) of this section, and sub-
`ject to the provisions of paragraph (b)
`of this section, pertaining to nonpublic
`matters, the Commission, upon request
`for records which (i) reasonably de-
`scribes such records and (ii) is made in
`accordance with the rules set forth in
`
`Page 00009
`
`

`

`Securities and Exchange Commission
`
`paragraphs (d) and (e) of this secton,
`stating the time, place, fees (if any)
`and procedures to be followed, shall
`make the records promptly available
`to any person. A compilation of records
`generally available at the public ref-
`erence room at the principal office of
`the Commission appears below as ap-
`pendix A
`(17 CFR
`to this subpart
`200.80a). Most of the records described
`in appendix A to this section are pro-
`vided to the public pursuant to the Se-
`curities Act of 1933, 15 U.S.C. 77f(d), the
`Securities Exchange Act of 1934, 15
`U.S.C. 78m(f)(3),
`the Public Utility
`Holding Company Act of 1935, 15 U.S.C.
`79v(a), the Investment Company Act of
`1940, 15 U.S.C. 80a-44(a)(b), and the In-
`vestment Advisers Act of 1940, 15 U.S.C.
`80b-10(a). Arrangements can be made
`through the Public Reference Branch
`as explained in paragraph (c) of this
`section for materials to be copied by
`the Commission's contract copying
`service at fees found in appendix E to
`this section.
`(4) Records available with identifying
`details deleted. To the extent required
`to prevent a clearly unwarranted inva-
`sion of personal privacy, identifying
`details may be deleted from materials
`made public as set forth in paragraphs
`(a) (1), (2), and (3), of this section, e.g.,
`apparently
`defamatory
`statements
`made about any person, information
`received by or given to the Commission
`in confidence, or any contents of per-
`sonnel and medical and similar files. In
`addition, certain materials which are
`considered
`to be nonpublic, as de-
`scribed in paragraph (b) of this section
`may, as authorized by the Commission
`from time to time, be made available
`for public inspection and copying in an
`abridged or summary form or with
`identifying details deleted.
`(b) Nonpublic matters. Certain records
`are nonpublic, but any reasonably seg-
`regable portion of a record shall be pro-
`vided to any person requesting such
`record in accordance with paragraphs
`(d) and (e) of this section and after de-
`letion of the portions which are consid-
`ered nonpublic under paragraph (b) of
`this section. Except for such reason-
`ably segregable portions of records, the
`Commission will generally not publish
`or make available to any person mat-
`ters that are:
`
`167-053 0-96---3
`
`§200.80
`
`(1)(i) Specifically authorized under
`criteria established by an executive
`order to be kept secret in the interest
`of national defense or foreign policy,
`and (ii) are in fact properly classified
`pursuant to such executive order.
`(2) Related solely to the internal per-
`sonnel rules and practices of the Com-
`mission or any other agency, including,
`but not limited to:
`(i) Operation rules, guidelines, and
`manuals of procedure for investigators,
`attorneys, accountants, and other em-
`ployees other than those which estab-
`lish legal requirements to which mem-
`bers of the public are expected to con-
`form; or
`(ii) Hiring, termination, promotion,
`discipline, compensation, or reward of
`any Commission employee or member,
`the existence, investigation, or disposi-
`tion of a complaint against any Com-
`mission employee or member,
`the
`physical or mental condition of any
`Commission employee or member, the
`handling of strictly internal matters,
`matters which would tend to infringe
`on the privacy of the staff or members
`of the Commission, or similar subjects.
`(3) Specifically exempted from disclo-
`sure by statute (other than 5 U.S.C.
`552): Provided, That such statute (i) re-
`quires that the matters be withheld
`from the public in such a manner as to
`leave no discretion on the issue, or (ii)
`establishes particular criteria for with-
`holding or refers to particular types of
`matters to be withheld.
`(4) Disclose trade secrets and com-
`mercial or financial information ob-
`tained from a person and privileged or
`confidential, including, but not limited
`to:
`(i) Information contained in letters
`of comment in connection with reg-
`istration statements, applications for
`registration or other material filed
`with the Commission, replies thereto,
`and related material which is deemed
`to have been submitted to the Commis-
`sion in confidence or to be confidential
`at the instance of the registrant or per-
`son who has filed such material unless
`the contrary clearly appears; and
`(ii)
`Information contained
`in any
`document submitted to or required to
`be filed with the Commission where the
`Commission has undertaken formally
`or informally to receive such submis-
`
`Page 00010
`
`

`

`§ 200.80
`
`sion or filing for its use or the use of
`specified persons only, such as prelimi-
`nary proxy material filed pursant to
`Rule 14a-6 under the Securities Ex-
`change Act (17 CFR 240.14a-6) or pre-
`liminary information statements filed
`pursuant to Rule 14c-5 (17 CFR 240.14c-
`5) before definitive material has been
`filed with
`the Commission, reports
`filed pursuant to Rule 316(a) under the
`(17 CFR 230.316(a)),
`Securities Act
`agreements filed pursuant to Rule 15c-
`3-1(c)(7)(G) under the Securities Ex-
`change Act (17 CFR 240.15c-1(c)(7)(vii)),
`schedules filed pursuant to Part II of
`Form X-17A-5 (17 CFR 249.617)
`in ac-
`cordance with Rule 17a-5(b)(3) under
`the Securities Exchange Act (17 CFR
`240.17a-5(b)(3)), statements filed pursu-
`ant to Rule 17a-5(k)(1) under the Secu-
`rities Exchange Act (17 CFR 240.17a-
`5(k)(1)), and confidential reports filed
`pursuant to Rules 17a-9, 17a-10, 17a-12
`and 17a-16 under the Securities Ex-
`change Act (17 CFR 240.17a-9, 240.17a-
`10, 240.17a-12, and 240.17a-16); and
`(iii) Information contained
`re-
`in
`ports, summaries, analyses, letters, or
`memoranda arising out of, in anticipa-
`tion of or in connection with an exam-
`ination or inspection of the books and
`records of any person or any other in-
`vestigation.
`(5)
`Interagency
`intra-agency
`or
`memoranda or letters, including gen-
`erally records which reflect discussions
`between or consideration by members
`of the Commission or members of its
`staff, or both, of any action taken or
`proposed to be taken by the Commis-
`sion or by any member of its staff, and
`specifically, reports, summaries, analy-
`ses, conclusions, or any other work
`product of members of the Commission
`or of attorneys, accountants, analysts,
`or other members of the Commission's
`staff, prepared in the course of an in-
`spection of the books or records of any
`person whose affairs are regulated by
`the Commission, or prepared otherwise
`in the course of an examination or in-
`vestigation or related litigation con-
`ducted by or on behalf of the Commis-
`sion, except those which by law would
`routinely be made available to a party
`other than an agency in litigation with
`the Commission.
`(6) Personnel and medical files and
`similar files the disclosure of which
`
`17 CFR Ch. 11 (4-1-96 Edition)
`
`would constitute a clearly unwarranted
`invasion of personal privacy, including
`those concerning all employees of the
`Commission and those concerning per-
`sons subject to regulation by the Com-
`mission.
`(7)(i) Records or information com-
`piled for law enforcement purposes to
`the extent that the production of such
`records or information:
`(A) Could reasonably be expected to
`interfere with enforcement activities
`undertaken or likely to be undertaken
`by the Commission or the Department
`of Justice, or any United States Attor-
`ney, or any Federal, state, local, for-
`eign governmental authority or foreign
`securities authority, any professional
`association, or any securities industry
`self-regulatory organization;
`(B) Would deprive a person of a right
`to a fair trial or an impartial adjudica-
`tion;
`(C) Could reasonably be expected to
`constitute an unwarranted invasion of
`personal privacy;
`(D) Could reasonably be expected to
`disclose the identity of a confidential
`source including a State, local or for-
`eign agency or authority or any pri-
`vate institution which furnished infor-
`mation on a confidential basis, and, in
`the case of a record or information
`compiled by a criminal law enforce-
`ment authority in
`the course of a
`criminal investigation, or by an agency
`conducting a lawful national security
`intelligence investigation, information
`furnished by a confidential source;
`(E) Would disclose techniques or pro-
`cedures or would disclose guidelines for
`law enforcement
`investigations
`or
`prosecutions if such disclosure could
`reasonably be expected to risk cir-
`cumvention of the law; or
`(F) Could be reasonably expected to
`endanger the life or physical safety of
`any individual.
`(ii) The term "investigatory records"
`includes, but is not limited to, all doc-
`uments,
`records,
`transcripts,
`evi-
`dentiary materials of any nature, cor-
`respondence, related memoranda, or
`work product concerning any examina-
`tion, any investigation (whether for-
`mal or informal), or any related litiga-
`tion, which pertains to, or may dis-
`close, the possible violation by any per-
`son of any provision of any statute,
`
`Page 00011
`
`

`

`Securities and Exchange Commission
`
`rule, or regulation administered by the
`Commission, by any other Federal,
`state, local, or foreign governmental
`authority or foreign securities author-
`ity, by any professional association, or
`by any securities industry self-regu-
`latory organization. The term "inves-
`tigatory records" also
`includes all
`written communications from, or to,
`any person complaining or otherwise
`furnishing information respecting such
`possible violations, as well as all cor-
`respondence or memoranda in connec-
`tion with such complaints or informa-
`tion.
`(8) Contained in, or related to, any
`examination operating, or condition re-
`port prepared by, on behalf of, or for
`the use of, the Commission, any other
`Federal, state, local, or foreign govern-
`mental authority or foreign securities
`authority, or any securities industry
`self-regulatory organization,
`respon-
`sible for the regulation or supervision
`of financial institutions.
`(9) Geological and geophysical infor-
`mation and data, including maps, con-
`cerning wells.
`(c)(1) Public reference facilities. In
`order to disseminate records, including
`those listed in appendix A to this sec-
`tion, the Commission has a specially
`staffed and equipped public reference
`room located at 450 Fifth Street NW.,
`Room 1024, Washington, DC (202-272-
`3100) and public reference facilities in
`its New York and Chicago regional of-
`fices. Copying machines, which are
`available to requesters on a self-service
`or contractor-operated basis, can be
`used to make immediate copies up to
`8 by 14 inches in size of materials
`that are available for inspection in the
`Washington, DC, New York and Chi-
`cago offices. Fees and levels of service
`are set out in the Commission's sched-
`ule of fees in appendix E to this section
`and in information available from the
`public reference room. The Commission
`accepts only written requests for cop-
`ies of documents.
`(i) The public reference
`room in
`Washington has available for public in-
`spection all of the publicly available
`records of the Commission as described
`in paragraph (a) of this section. In ad-
`dition, upon request, such records will
`be sent to the Commission's regional
`offices in New York or Chicago for in-
`
`§ 200.80
`
`spection in the public reference facili-
`ties at those offices, if the records are
`not needed by the Commission or the
`staff in connection with the perform-
`ance of official duties. Also upon re-
`quest, and only when suitable arrange-
`ments can be made with respect to the
`transportation, storage, and inspection
`of records, records may be sent to any
`other Commission office for inspection
`at that office, if the records are not
`needed by the Commission or the staff
`in connection with the performance of
`official duties. When records are sent
`to another office at the request of a
`member of the public, the requestor
`shall be charged all costs incurred by
`the Commission in
`transporting
`the
`records.
`(ii) All regional and district offices of
`the Commission have available for pub-
`lic examination the materials set forth
`in paragraph (a)(2) of this section and
`the SEC Docket, SEC News Digest and
`other SEC publications. Blank forms as
`well as other general
`information
`about the operations of the Commis-
`sion described in paragraph (a)(1) of
`this section may also be available at
`particular regional and district offices.
`(iii) In the New York and Chicago re-
`gional offices, microfiche of all recent
`registration statements filed pursuant
`to the Securities Act of 1933, registra-
`tion statements and periodic reports
`filed pursuant to the Securities Ex-
`change Act of 1934, and periodic reports
`filed pursuant to the Investment Com-
`pany Act from 1969 to date are avail-
`able for inspection and reproduction.
`The addresses of the Commission's regional
`and district offices are:
`Northeast Regional Office. 7 World Trade
`Center, suite 1300, New York, NY 10048.
`Office hours-9 a.m. to 5:30 p.m. E.S.T.
`Boston District Office-73 Tremont Street,
`suite 600, Boston, MA 02108. Office
`hours-9 a.m. to 5:30 p.m. E.S.T.
`Philadelphia District Office--The Curtis
`Center, suite 1005 E., 601 Walnut Street,
`Philadelphia, PA 19106. Office hours-9
`a.m. to 5:30 p.m. E.S.T.
`Southeast Regional Office. 1401 Brickell Ave-
`nue, suite 200, Miami, FL 33131. Office
`hours-8:30 a.m. to 5 p.m. E.S.T.
`Atlanta District Office-3475 Lenox Road,
`NE., suite 1000, Atlanta, GA 30326. Office
`hours-9 a.m. to 5:30 p.m. E.S.T.
`Midwest Regional Office. 500 West Madison
`Street, suite 1400, Chicago, IL 60661. Of-
`fice hours-8:45 a.m. to 5:15 p.m. C.S.T.
`
`Page 00012
`
`

`

`§200.80
`
`1801 California
`Central Regional Office.
`Street, suite 4800, Denver, CO 80202. Of-
`fice hours-" a.m. to 4:30 p.m. M.S.T.
`Fort Worth District Office--801 Cherry
`Street, 19th Floor, Fort Worth, TX 76102.
`Office hours-8:30 a.m. to 5 p.m. C.S.T.
`Salt Lake District Office--500 Key Bank
`Tower, 50 S. Main Street, suite 500, Box
`79, Salt Lake City, UT 84144. Office
`hours--8 a.m. to 4:30 p.m. M.S.T.
`Pacific Regional Office. 5670 Wilshire Boule-
`vard, llth Floor, Los Angeles, CA 90036.
`Office hours 8:30 a.m. to 5 p.m. P.S.T.
`San Francisco District Office--44 Mont-
`gomery Street, Suite 1100, San Fran-
`cisco, CA 94104. Office hours-8:30 a.m. to
`5 p.m. P.S.T.
`(2) Public reference inquiries. Inquiries
`concerning the nature and extent of
`records available at the Commission's
`public reference room in Washington or
`at its other public reference facilities
`may be made in person or by telephone.
`The addresses and telephone numbers
`of all Commission Regional and Dis-
`trict Offices are set forth at paragraph
`(c)(1) of this section. Written inquiries
`may be addressed to the Securities and
`Exchange Commission, Public Ref-
`erence Branch, 450 Fifth Street, NW.,
`Washington, DC 20549, or to a particu-
`lar regional office.
`(d) Requests for Commission records and
`copies thereof-(1) Time and place of re-
`quests for access to Commission records.
`Requests for access to records available
`through the Commission's public ref-
`erence facilities may be made in person
`during normal business hours at those
`facilities or by mail directed to Public
`Reference Branch, Securities and Ex-
`change Commission, Washington, DC
`In addition, access to agency
`20549.
`in public ref-
`records not available
`erence facilities may be requested pur-
`suant to the Freedom of Information
`Act. Such requests must be in writing,
`should be clearly and prominently
`identified by a legend on the first page,
`such as "Freedom of Information Act
`Request", and should be addressed to
`the Freedom of Information Act Offi-
`cer, Securities and Exchange Commis-
`sion, Washington, DC 20549.
`(2) Requests for copies of records. Re-
`copies of Commission
`quests
`for
`records available through the Commis-
`sion's public reference facilities, in-
`cluding those listed in appendix A to
`this section, may be made directly to
`the appropriate facility either in per-
`
`17 CFR Ch. 11 (4-1-96 Edition)
`
`son or by mail addressed to the Securi-
`ties and Exchange Commission, Public
`Reference Branch, Washington, DC
`20549. Levels of service and charges for
`copies are set out in the Commission's
`schedule of fees in appendix E to this
`section. Requests for copies of mate-
`rials to which access has been granted
`pursuant to a Freedom of Information
`Act request will be processed pursuant
`to regulations found in this section in
`(e)(10) and at
`paragraphs (e)(9) and
`charges set out in appendix E to this
`section.
`(3) Description of requested records.
`Each request for Commission records
`or copies thereof shall reasonably de-
`scribe the records sought with suffi-
`cient specificity with respect to names,
`dates and subject matter to permit the
`records to be located among the rec-
`ords maintained by or for the Commis-
`sion. A person who has requested Com-
`mission records or copies thereof will
`be promptly advised if the records can-
`not be located on the basis of the de-
`scription given and that further identi-
`fying information must be provided be-
`fore his request can be satisfied.
`(4) Normal availability. Records main-
`tained in the Commission's public ref-
`erence facilities or copies thereof will
`normally be made available in keeping
`with levels of service and fees set out
`in appendix E to this section. Records
`requested pursuant to the Freedom of
`Information Act will be made available
`as described in paragraphs (e)(9) and
`(e)(10) of this section.
`(5) Initial determinations, denials. With
`respect to any record requested pursu-
`ant to the Freedom of Information Act,
`the Freedom of Information Act Officer
`the Commission will determine
`of
`within ten days (excepting Saturdays,
`legal public holidays)
`Sundays, and
`after the receipt of a request for in-
`spection of