[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16473-16474]
[FR Doc No: 2022-06096]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2012-0104; FRL 9661-01-OLEM]

Proposed Information Collection Request; Comment Request;
Brownfields Program--Accomplishment Reporting (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Brownfields Program--
Accomplishment Reporting (Renewal)'' (EPA ICR No. 2104.09, OMB Control
No. 2050-0192 to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act. Before
doing so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described below. This is a proposed
extension and update of the ICR, which is currently approved through
December 31, 2024. An Agency may not conduct or sponsor and a person is
not required to respond to a collection of information unless it
displays a currently valid OMB control number.

DATES: Comments must be submitted on or before May 23, 2022.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-
SFUND-2012-0104 online using www.regulations.gov (our preferred
method), by email to [email protected] or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Kelly Gorini, Office of Brownfields
and Land Revitalization, (5105T), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
566-1702; fax number:<PHONE_NUMBER>; email address:
[email protected]

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: This ICR covers the collection of information from those
organizations that receive cooperative agreements, contracts, and
Targeted Brownfields Assessment (TBA) funds from EPA under the
authority of the section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) as amended by the
Brownfields Utilization, Investment, and Local Development (BUILD) Act
(Pub. L. 115-141). CERCLA 104(k), as amended, authorizes EPA to award
grants or cooperative agreements and contract funding to states,
tribes, local governments, other eligible entities, and nonprofit
organizations to support the assessment and cleanup of brownfields

sites. Under section 101(39) of CERCLA, a brownfields site means real
property, the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a hazardous
substance, pollutant, or contaminant. Cooperative agreement recipients
(``recipients'') have general reporting and record keeping requirements
as a condition of their cooperative agreement that result in burden. A
portion of this reporting and record keeping burden is authorized under
2 CFR part 1500 and identified in the EPA's general grants ICR (OMB
Control Number 2030-0020). EPA requires Brownfields program recipients
to maintain and report additional information to EPA on the uses and
accomplishments associated with funded brownfields activities. EPA
intends to expand programmatic reporting requirements to include TBA
contractors and technical assistance contractors. EPA will use several
forms to assist recipients and contractors in reporting the information
and to ensure consistency of the information collected. EPA uses this
information to meet Federal stewardship responsibilities to manage and
track how program funds are being spent, to evaluate the performance of
the Brownfields Cleanup and Land Revitalization Program, to meet the
Agency's reporting requirements under the Government Performance
Results Act, and to report to Congress and other program stakeholders
on the status and accomplishments of the program.
    Form Numbers: EPA ICR No. 2104.09, OMB Control No. 2050-0192.
    Respondents/affected entities: State/local/tribal governments; Non-
Profits; Contractors.
    Respondent's obligation to respond: Required to obtain or Retain
Benefits (2 CFR part 1500).
    Estimated number of respondents: 5,714 (total).
    Frequency of response: Bi-annual for subtitle CERCLA 128
recipients; quarterly for CERCLA 104(k) recipients.
    Total estimated burden: 6,206 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $721,025 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: The burden hours estimate increased from
6,143 hours in the 2020 ICR request to 6,206 hours currently, for an
increase of 63 hours. This slight change can be attributed to
eliminating the Area-Wide Planning Form but adding two additional forms
to track technical assistance. Additionally, the number of respondents
increased from 5,517 in 2020 to an estimated 5,714, an increase of 197.
Respondents indicated that improvements in the ACRES reporting system
and increased familiarity with the program lead to a lower burden per
individual entry.

    Dated: March 15, 2022.
David R. Lloyd,
Director, Office of Brownfields and Land Revitalization.
[FR Doc. 2022-06096 Filed 3-22-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Notices]
[Page 68660-68662]
[DOCID:fr27no06-136]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54791; File No. SR-CHX-2006-31]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto Relating to Participant Fees and Credits

 November 20, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 23, 2006, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the CHX. On November
15, 2006, the CHX filed Amendment No. 1 to the proposed rule change.\3\
The CHX has designated this proposal as one establishing or changing

a member due, fee, or other charge imposed by the CHX pursuant to
Section 19(b)(3)(A)(ii) of the Act,\4\ and Rule 19b-4(f)(2)
thereunder,\5\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The purpose of Amendment No. 1 is to provide further clarity
as to the proposed NTM Fee Schedule changes, by providing additional
commentary with respect to: (i) The provisions of the NTM Fee
Schedule that are impacted; (ii) the amounts of the fees established
by such provisions; (iii) the basis for certain changes or
references to these provisions; and (iv) the correction of certain
rule change marking.
    \4\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The CHX proposes several changes to its Schedule of Participant
Fees and Credits (the ``NTM Fee Schedule''), relating to the new
trading model being implemented by the CHX this fall. The text of this
proposed rule change is available on the Exchange's Web site at http://www.chx.com/rules/proposed_rules.htm
 and in the Commission's Public

Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the CHX included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The CHX has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Throughout 2006, the Exchange has been working on the design and
development of a new trading model centered around a core matching
system that will provide for fully automated electronic matching of
orders, as well as corresponding rules and regulatory initiatives. On
September 29, 2006, the Exchange's proposed rules relating to the new
trading model were approved by the Commission.\6\
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    \6\ See Securities Exchange Act Release No. 54550 (September 29,
2006); 71 FR 59563 (October 10, 2006) (SR-CHX-2006-05) (referred to
as the ``NTM Approval Order'').
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    On September 29, 2006, the Exchange filed with the Commission its
NTM Fee Schedule, contemplating the Exchange's transition to its new
trading model, commencing the week of October 23, 2006.\7\ Subsequent
industry developments, and further refinement of certain NTM Fee
Schedule provisions, have necessitated several changes to the NTM Fee
Schedule. These changes are summarized below:
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    \7\ See Securities Exchange Act Release No. 54657 (October 26,
2006); 71 FR 64590 (November 2, 2006) (SR-CHX-2006-29). The NTM Fee
Schedule provides for all fees and charges that are billed by the
Exchange to its participants; it does not contain any fees or
charges that are applicable to non-participants.
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    Trading Permit Fees: There is no change to the text of Section A of
the NTM Fee Schedule. The text of Section A merely incorporates the
Trading Permit cancellation fee that was in place prior to submission
of the NTM Fee Schedule.\8\ This cancellation fee is unchanged and
remains in effect for Trading Permits that were issued before October
1, 2006. This provision was inadvertently omitted from the NTM Fee
Schedule when it was submitted in SR-CHX-2006-29.\9\
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    \8\ This fee, which is applicable to trading permits in effect
before October 1, 2006, is $2,000, or, if less, $500/month for the
remainder of the one-year term.
    \9\ The provision was not shown in Exhibit 5 to SR-CHX-2006-29,
but was not deleted in such submission (or any other submission) and
remains applicable. See Securities Exchange Act Release No. 54657
(October 26, 2006); 71 FR 64590 (November 2, 2006) (SR-CHX-2006-29).
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    Registration Fees: This change is intended to clarify application
of the Off-Exchange trader fee. The $500 annual fee is assessed for a
trader who is engaged in proprietary securities trading for an Off-
Exchange Participant Firm for which the CHX is the Designated Examining
Authority, if such Participant Firm is solely involved in proprietary
securities trading. The clarifying change relates to the Participant
Firm; the Participant Firm must be solely involved in proprietary
securities trading for the fee to be assessed. Other Participant Firms
would not be assessed an Off-Exchange trader fee.
    Transaction and Order Processing Fees: This change to Section E.1
of the NTM Fee Schedule is intended to clarify that the liquidity
taking fee of $0.0028/share for a Matching System single order
execution does not apply to a CHX institutional broker in connection
with a transaction that is subject to the agency fees set forth in
Section E.3 of the NTM Fee Schedule. Because the institutional broker's
customer is assessed the agency fee under Section E.3, the
institutional broker would not also be subject to a take fee for the
same transaction. This change does not modify applicable provisions
regarding credits for providing liquidity to the Matching System.
    Matching System Routing Fees/Transaction and Order Processing Fees
Associated With Securities Not Yet Traded in the Matching System: These
changes to Section E.6 and Section E.8 (formerly E.7) of the NTM Fee
Schedule relate to the fees that the CHX may assess against its
participants on account of outbound NMS Linkage Plan orders. Section
E.6 applies to orders that are Matching System eligible and therefore
are routed from the Matching System to other market centers. Section
E.8 applies to orders that have not yet migrated to the Matching System
and therefore are routed from the Exchange's pre-NTM facilities.
    This provision was necessitated in order to implement the CHX's
participation in the exchange-to-exchange billing arrangement
associated with the NMS Linkage Plan, which took effect on October 1,
2006.\10\ When an outbound NMS Linkage Plan order is executed on
another NMS Linkage participant market, such market will directly
invoice the CHX for a transaction fee, in an amount that may not exceed
the transaction fee that it would charge its own member for such an
execution. The CHX is then responsible for payment of such invoice.
Sections E.6 and E.8 of the NTM Fee Schedule provision permit the CHX
to collect a corresponding fee from the CHX participant who generated
the outbound NMS Linkage Plan order. The CHX believes that it is
appropriate to establish outbound NMS Linkage fee rates that reasonably
correspond to the respective transaction fee rates being charged by the
executing markets. Accordingly, it is submitting changes to Sections
E.6 and E.8 of the NTM Fee Schedule, to reflect recent developments
regarding applicable transaction fees assessed by other market centers
on account of NMS Linkage Plan executions.
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    \10\ See Securities Exchange Act Release No. 54548 (September
29, 2006), 71 FR 59159 (October 6, 2006) (SR-CHX-2006-28) (approving
NMS Linkage Plan exchange-to-exchange billing procedures);
Securities Exchange Act Release No. 54551 (September 29, 2006), 71
FR 59148 (October 6, 2006) (approving NMS Linkage Plan).
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    As an example, in the NTM Fee Schedule, the CHX originally
established an outbound fee, for non-ETF orders routed to the Nasdaq
Stock Market, that was significantly higher than Nasdaq's applicable
transaction fee rate for October, 2006.\11\ This proposed rule change
seeks to modify this rate for the balance of the month of October; the
rate would then revert to the originally-

filed rate effective November 1, 2006. Specifically, from October 23
through October 31, 2006, the outbound fee for NMS Linkage orders
routed to Nasdaq (in issues other than exchange-traded funds) would
decrease from $.0030/share to $.0007/share. On November 1, 2006, the
effective date of Nasdaq's fee increase, the CHX outbound NMS Linkage
routing fee for such issues would return to $.0030/share. This change
is not applicable to orders for exchange-traded funds.
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    \11\ The CHX anticipated that Nasdaq's transaction fee rate was
increasing, but the increase ultimately was filed with an effective
date of November 1, 2006 instead of October 1.
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    Trade Processing Fees: New Section E.7 of the NTM Fee Schedule is
not a new provision; this provision, which provides for a Trade
Processing Fee of $.0015/share, up to $100 per side of the trade, is
merely relocated from former Section H.2. New Section H.2. establishes
a Clearing Support Activity Fee, which will be assessed by the CHX
beginning January 1, 2007. This fee of $.02 per ticket, capped at
$8,000 per month, will apply to firms that average, within a month, at
least 2,500 tickets per day. In establishing this fee, the CHX is
attempting to defray some of the expenses associated with clearing
support services that it provides to certain participant firms. Prior
to submission of the NTM Fee Schedule, these expenses were largely
offset by a portion of the Specialist Fixed Fee, which was eliminated
in the NTM Fee Schedule. Although this fee is a new fee, the actual
aggregate amount assessed by the CHX will decrease, due to elimination
of the Specialist Fixed Fee. Accordingly, the CHX believes that it is
appropriate to institute the new Clearing Support Activity Fee.
2. Statutory Basis
    The CHX believes that the proposed rule change is consistent with
Section 6(b)(4) of the Act \12\ in that it provides for the equitable
allocation of reasonable dues, fees and other charges among its
members.\13\
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    \12\ 15 U.S.C. 78f(b)(4).
    \13\ Email from Kathleen Boege, Vice President and Associate
General Counsel, CHX, to Joseph Morra, Special Counsel, Division of
Market Regulation (``Division''), Commission, and Sara Gillis,
Attorney, Division, Commission, dated November 16, 2006.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change establishes or changes a
member due, fee or other charge imposed by the Exchange, it has become
effective pursuant to Section 19(B)(3)(A) of the Act \14\ and
subparagraph (f)(2) of Rule 19b-4 thereunder.\15\ At any time within 60
days of the filing of such proposed rule change, the Commission may
summarily abrogate such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.\16\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(2).
    \16\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on November 15, 2006, the date on which the CHX filed
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-CHX-2006-31 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-CHX-2006-31. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the CHX. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-CHX-2006-31 and should be submitted on or before
December 18, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-19981 Filed 11-24-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Pages 14262-14264]
[FR Doc No: 2019-07070]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0051]
RIN 1625-AA08

Special Local Regulation; Choptank River, Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local
regulations for certain navigable waters of the Choptank River. This
action is necessary to provide for the safety of life on these waters
located at Cambridge, MD, on May 11, 2019, during a morning swim event.
This regulation prohibits persons and vessels from being in the
regulated area unless authorized by the Captain of the Port Maryland-
National Capital Region or Coast Guard Patrol Commander.

DATES:  This rule is effective from 8 a.m. to 11 a.m. on May 11, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0051 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The TCR Event Management of St. Michaels, MD, notified the Coast
Guard that it will be conducting a swim event on the morning of May 11,
2019. The open water swim starts at the beach of Bill Burton Fishing
Pier State Park at Trappe, MD, proceeds across the Choptank River along
and between the fishing piers and the Senator Frederick C. Malkus, Jr.
Memorial (US-50) Bridge, and finishes at the beach of the Dorchester
County Visitors Center at Cambridge, MD. In response, on February 26,
2019, the Coast Guard published an NPRM titled ``Special Local
Regulation; Choptank River, Cambridge, MD'' (84 FR 6107). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this paddle race. During the comment
period that ended March 28, 2019, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP Maryland-National Capital Region has determined that
potential hazards associated with the swim will be a safety concern for
anyone intending to operate in or near the swim area. The purpose of
this rule is to protect event participants, spectators, and transiting
vessels on specified waters of the Choptank River before, during, and
after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published
February 26, 2019. There are no substantive changes in the regulatory
text of this rule from the proposed rule in the NPRM. However, there
are two small, nonsubstantive changes. The first change is in paragraph
(a), to the definition of ``participants.'' The proposed rule stated
the event name as the Flying Point Park Outboard Regatta. The name of
the event has been changed to the Maryland Freedom Swim. The second
change is a slight modification in the paragraphing structure of
paragraph (b). There were no changes to the regulatory text of
paragraph (b).
    This rule establishes a special local regulation from 8 a.m. to 11
a.m. on May 11, 2019. The regulated area will cover all navigable
waters of the Choptank River, from shoreline to shoreline, within an
area bounded on the east by a line drawn from latitude 38[deg]35'14.2''
N, longitude 076[deg]02'33.0'' W, thence south to latitude
38[deg]34'08.3'' N,

longitude 076[deg]03'36.2'' W, and bounded on the west by a line drawn
from latitude 38[deg]35'32.7'' N, longitude 076[deg]02'58.3'' W, thence
south to latitude 38[deg]34'24.7'' N, longitude 076[deg]04'01.3'' W,
located at Cambridge, MD. The duration of the special local regulations
and size of the regulated area are intended to ensure the safety of
life on these navigable waters before, during, and after the open water
swim, scheduled from 9 a.m. to 10:45 a.m. on May 11, 2019. Except for
participants and vessels already at berth, a vessel or person will be
required to get permission from the COTP or PATCOM before entering the
regulated area. Vessel operators can request permission to enter and
transit through the regulated area by contacting the PATCOM on VHF-FM
channel 16. Vessel traffic will be able to safely transit the regulated
area once the PATCOM deems it safe to do so. A person or vessel not
registered with the event sponsor as a participant or assigned as
Official Patrols would be considered a spectator. Official Patrols are
any vessel assigned or approved by the Commander, Coast Guard Sector
Maryland-National Capital Region with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign. If permission is
granted by the COTP or PATCOM, a person or vessel will be allowed to
enter the regulated area or pass directly through the regulated area as
instructed. Vessels will be required to operate at a safe speed that
minimizes wake while within the regulated area. Official Patrol vessels
will direct spectator vessels while within the regulated area. Vessels
will be prohibited from loitering within the navigable channel.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, time of
day and duration of the regulated area, which will impact a small
designated area of the Choptank River for 3 hours. The Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the status of the regulated area. Moreover, the rule will allow vessels
to seek permission to enter the regulated area, and vessel traffic will
be able to safely transit the regulated area once the COTP or PATCOM
deems it safe to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not

individually or cumulatively have a significant effect on the human
environment. This rule involves implementation of regulations within 33
CFR part 100 applicable to organized marine events on the navigable
waters of the United States. The temporary regulated area will be
enforced for three hours during the open water swim. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Memorandum For Record for Categorically Excluded Actions supporting
this determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  [thinsp]100.501T05-0051 to read as follows:

Sec.  100.501T05-0051  Special Local Regulation; Choptank River,
Cambridge, MD.

    (a) Definitions. As used in this section:
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participants means all persons and vessels registered with the
event sponsor as participating in the Maryland Freedom Swim or
otherwise designated by the event sponsor as having a function tied to
the event.
    Spectators means all persons and vessels not registered with the
event sponsor as participants or assigned as official patrols.
    (b) Regulated area. All navigable waters of the Choptank River,
from shoreline to shoreline, within an area bounded on the east by a
line drawn from latitude 38[deg]35'14.2'' N, longitude
076[deg]02'33.0'' W, thence south to latitude 38[deg]34'08.3'' N,
longitude 076[deg]03'36.2'' W, and bounded on the west by a line drawn
from latitude 38[deg]35'32.7'' N, longitude 076[deg]02'58.3'' W, thence
south to latitude 38[deg]34'24.7'' N, longitude 076[deg]04'01.3'' W,
located at Cambridge, MD. All coordinates reference Datum NAD 1983.
    (c) Special local regulations. (1) The COTP Maryland-National
Capital Region or PATCOM may forbid and control the movement of all
vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area shall immediately comply with the directions
given by the patrol. Failure to do so may result in the Coast Guard
expelling the person or vessel from the area, issuing a citation for
failure to comply, or both. The COTP Maryland-National Capital Region
or PATCOM may terminate the event, or a participant's operations at any
time the COTP Maryland-National Capital Region or PATCOM believes it
necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the PATCOM to request permission to
either enter or pass through the regulated area. The PATCOM, and
official patrol vessels enforcing this regulated area, can be contacted
on marine band radio VHF-FM channel 16 (156.8 MHz) and channel 22A
(157.1 MHz). If permission is granted, the spectator must pass directly
through the regulated area as instructed by PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or PATCOM. A person or vessel seeking
such permission can contact the COTP Maryland-National Capital Region
at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (5) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 8 a.m.
to 11 a.m. on May 11, 2019.

    Dated: April 5, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-07070 Filed 4-9-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 30 (Friday, February 13, 2015)]
[Notices]
[Pages 8119-8122]
[FR Doc No: 2015-03082]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74239; File No. S7-02-15]

Contract Standard for Contractor Workforce Inclusion and Request
for Public Comment

AGENCY: Securities and Exchange Commission.

ACTION: Notice of proposed contract standard; notice of proposed
information collection; and request for public comment.

-----------------------------------------------------------------------

SUMMARY: To implement section 342 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act of 2010 (the ``Dodd-Frank Act'' or ``the
Act''), the Securities and Exchange Commission (the ``Commission'') is
proposing to include in its service contracts a standard concerning
workforce inclusion of minorities and women.

DATES: Comments should be received on or before: April 14, 2015.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml);
     Send an email to<EMAIL_ADDRESS>Please include
File No. S7-02-15 on the subject line; or
     Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow instructions for submitting comments.

Paper Comments

     Send paper comments to Brent J. Fields, Secretary,
Securities and Exchange Commission, 100 F Street NE., Washington, DC
20549-1090.

All submissions should refer to File No. S7-02-15. This file number
should be included on the subject line if email is used. To help us
process and review your comments more efficiently, please use only one
method. The Commission will post all comments on the Commission's
Internet Web site (http://www.sec.gov/rules/other.shtml). Comments will
also be 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 10:00 a.m. and 3:00 p.m.
All comments received will be posted without change; we do not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Pamela A. Gibbs, Director, Office of
Minority and Women Inclusion, or Audrey B. Little, Senior Counsel,
Office of Minority and Women Inclusion at<PHONE_NUMBER>, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549.

SUPPLEMENTARY INFORMATION: Section 342(a)(1)(A) of the Dodd-Frank Act
provides for certain agencies, including the Securities and Exchange
Commission, to establish an Office of Minority and Women Inclusion
(``OMWI'').\1\ Section 342(c)(1) provides that the OMWI Director shall
develop and implement standards and procedures to ensure the fair
inclusion and utilization of minorities, women, and minority-owned and
women-owned businesses in all business and activities of the agency,
including in procurement, insurance, and all types of contracts.
Section 342(c)(2) requires that the OMWI Director include in the
procedures for evaluating contract proposals and hiring service
providers a component that gives consideration to the diversity of an
applicant, to the extent consistent with applicable laws. In addition,
section 342(c)(2) requires that such procedures include a written
statement, in the form and content prescribed by the OMWI Director,
that a contractor shall ensure, to the maximum extent possible, the
fair inclusion of women and minorities in the workforce of the
contractor and, as applicable, subcontractors.
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 5452.
---------------------------------------------------------------------------

    Further, section 342(c)(3)(A) requires the OMWI Director to
establish standards and procedures for determining whether an agency
contractor or subcontractor ``has failed to make a good faith effort to
include minorities and women'' in its workforce. Section
342(c)(3)(B)(i) provides that if the OMWI Director determines that a
contractor has failed to make good faith efforts, the Director shall
recommend to the agency administrator that the contract be terminated.
Upon receipt of such a recommendation, section 342(c)(3)(B)(ii)
provides that the agency administrator may terminate the contract, make
a referral to the Office of Federal Contract Compliance Programs of the
Department of Labor, or take other appropriate action.
    Under section 342(c)(3)(A) of the Dodd-Frank Act, the OMWI Director
is required to determine whether a contractor or subcontractor has made
good faith efforts to include minorities and women in its workforce.
The proposed Contract Standard would require that a Commission
contractor, upon request from the OMWI Director, provide documentation
of the actions undertaken (and as applicable, the actions each covered
subcontractor under the contract has undertaken) that demonstrate its
good faith efforts to ensure the fair inclusion of minorities and women
in its workforce. The documentation requested may include, but is not
limited to: (1) The total number of employees in the contractor's
workforce, and the number of employees by race, ethnicity, gender, and
job title or EEO-1 job category (e.g., EEO-1 Report(s)); (2) a list of
covered subcontract awards under the contract that includes the dollar
amount of each subcontract, date of award, and the subcontractor's
race, ethnicity, and/or gender ownership status; (3) the contractor's
plan to ensure the fair inclusion of minorities and women in its
workforce, including outreach efforts; and (4) for each covered
subcontractor, the information requested in items 1 and 3 above. The
OMWI Director will consider the information submitted in evaluating
whether the contractor or subcontractor has complied with its
contractual obligation to make good faith efforts to ensure the fair
inclusion of minorities and women in its workforce.
    The Commission's proposes to satisfy section 342(c)(2) through the
inclusion of a contract standard concerning workforce inclusion of
minorities and women (the ``Contract Standard'') in solicitations and
resulting contracts for services with a dollar value of $100,000 or
more. The proposed Contract Standard is similar to the contract clauses
adopted by OMWIs of other federal financial regulatory agencies.\2\ The
Contract Standard requires the service contractor, upon entering into a
contract with the Commission, to confirm that it will ensure, to the
maximum extent possible and consistent with applicable law, the fair
inclusion of minorities and women in its workforce. In addition, the
proposed

Contract Standard requires the contractor to include the substance of
the Contract Standard in all subcontracts for services awarded under
the contract with a dollar value of $100,000 or more. Accordingly, the
requirements of the proposed Contract Standard will apply to covered
subcontractors, as prescribed in section 342(c)(2) of the Dodd-Frank
Act.
---------------------------------------------------------------------------

    \2\ See Department of the Treasury Acquisition Regulations;
Contract Clause on Minority and Women Inclusion in Contractor
Workforce, 79 FR 15551, at http://www.gpo.gov/fdsys/pkg/FR-2014-03-20/pdf/2014-05846.pdf.
---------------------------------------------------------------------------

    The proposed Contract Standard requires a contractor to provide
documentation, upon the request of the OMWI Director, to demonstrate
that it has made good faith efforts to ensure the fair inclusion of
minorities and women in its workforce and, as applicable, to
demonstrate that its covered subcontractors have made such good faith
efforts. ``Good faith efforts'' are interpreted to include actions by a
contractor (and, as applicable, actions by each covered subcontractor)
to ensure the fair inclusion of women and minorities in its workforce,
while at the same time identifying, and if present, removing barriers
to minority and women employment or expansion of employment
opportunities for minorities and women within its workforce. Efforts to
remove such barriers may include, but are not limited to, recruiting to
ensure that applicant pools include minorities and women, providing
job-related training, or other activity that could lead to removing
such barriers.
    Section 342 of the Dodd-Frank Act applies to ``all contracts of
[the Commission] for services of any kind,'' but the section does not
define the term ``contract.'' FAR 37.101 defines ``service contract''
as a ``contract that directly engages the time and effort of a
contractor whose primary purpose is to perform an identifiable task
rather than to furnish an end item of supply.'' Pursuant to the FAR
definition, this proposed Contract Standard will be included in all
Commission solicitations and resulting contracts for services with a
dollar value of $100,000 or more, and in all subcontracts under the
related prime contract for services with a dollar value of $100,000 or
more.

Public Comment

    The proposed Contract Standard is being published for public
comment pursuant to 41 U.S.C. 1707, which applies to the publication of
a covered federal procurement policy, regulation, procedure or form.
Section 1707 provides that a procurement policy, regulation, procedure
or form (including an amendment or modification thereof) is to be
published for public comment in the Federal Register if it relates to
the expenditure of appropriated funds, and has either a significant
effect beyond the internal operating procedures of the agency issuing
the policy, regulation, procedure or form, or has a significant cost or
administrative impact on contractors or offerors.
    Here, the proposed Contract Standard relates to the expenditure of
appropriated funds of the Commission, because it will be incorporated
in certain Commission service contracts paid for with appropriated
funds. The Contract Standard may have a significant effect beyond the
internal operating procedures of the agency, as it implements
requirements of the Dodd-Frank Act designed to address minority and
women inclusion by federal contractors and implements the new contract
termination authority contained in section 342(c)(3). The proposed
Contract Standard may also have a cost or administrative impact on
contractors or offerors, but we believe these effects would be
insignificant as a result of the overlap with existing EEO laws. The
consequence for non-compliance could have a cost or administrative
impact on the covered service contractors, although they again overlap
with existing remedies.

Paperwork Reduction Act

    The proposed Contract Standard contains ``collection of
information'' requirements within the meaning of the Paperwork
Reduction Act of 1995 (``PRA'').\3\ The title for the proposed
collection of information is:
---------------------------------------------------------------------------

    \3\ 44 U.S.C. 3501 et seq.
---------------------------------------------------------------------------

     Contract Standard for Contractor Workforce Inclusion.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. We intend to submit these
requirements to the Office of Management and Budget (``OMB'') for
review and approval in accordance with the PRA and its implementing
regulations.\4\ If approved, the responses to the new collection of
information would be mandatory. For collections of information not
contained in a proposed rule, the PRA requires federal agencies to
publish a notice in the Federal Register concerning each proposed
collection of information and to allow 60 days for public comment.\5\
To comply with this requirement, we are publishing this notice.
---------------------------------------------------------------------------

    \4\ 44 U.S.C. 3507(c); 5 CFR 1320.10.
    \5\ 44 U.S.C. 3506(c)(2).
---------------------------------------------------------------------------

A. Overview of Information Collection

1. Description of the Need for the Information and Proposed Use
    Under section 342(c)(3)(A) of the Dodd-Frank Act, the OMWI Director
is required to determine whether a contractor or subcontractor has made
good faith efforts to include minorities and women in its workforce.
The proposed Contract Standard would require that a Commission
contractor, upon request from the OMWI Director, provide documentation
of the actions undertaken (and as applicable, the actions each covered
subcontractor under the contract has undertaken) that demonstrate its
good faith efforts to ensure the fair inclusion of minorities and women
in its workforce. The documentation requested may include, but is not
limited to: (1) The total number of employees in the contractor's
workforce, and the number of employees by race, ethnicity, gender, and
job title or EEO-1 job category (e.g., EEO-1 Report(s)); (2) a list of
covered subcontract awards under the contract that includes the dollar
amount of each subcontract, date of award, and the subcontractor's
race, ethnicity, and/or gender ownership status; (3) the contractor's
plan to ensure the fair inclusion of minorities and women in its
workforce, including outreach efforts; and (4) for each covered
subcontractor, the information requested in items 1 and 3 above. The
OMWI Director will consider the information submitted in evaluating
whether the contractor or subcontractor has complied with its
contractual obligation to make good faith efforts to ensure the fair
inclusion of minorities and women in its workforce.
2. Respondents and Estimate of Recordkeeping and Reporting Burdens
    The proposed Contract Standard will be included in Commission
contracts and subcontracts for services with a dollar value of $100,000
or more. Based on the data showing the dollar value of service
contracts and subcontracts awarded in FY 2012 and FY 2013, we estimate
that 170 contractors \6\ would be subject to the proposed Contract
Standard. Approximately 120 of these contractors have 50 or more
employees, while about 50 contractors have fewer than 50 employees.
---------------------------------------------------------------------------

    \6\ Unless otherwise specified, the term ``contractors'' refers
to contractors and subcontractors.
---------------------------------------------------------------------------

a. Recordkeeping Burden
    The information collection under the proposed Contract Standard
would

impose no new recordkeeping burdens on the estimated 120 contractors
that have 50 or more employees. Such contractors are generally subject
to recordkeeping and reporting requirements under the regulations
implementing Title VII of the Civil Rights Act \7\ and Executive Order
11246 (``E.O. 11246'').\8\ Their contracts and subcontracts must
include the clause implementing E.O. 11246--FAR 52.222-26, Equal
Opportunity. In addition, contractors that have 50 or more employees
(and a contract or subcontract of $50,000 or more) are required to
maintain records on the race, ethnicity, gender, and EEO-1 job category
of each employee under Department of Labor regulations implementing
E.O. 11246.\9\ The regulations implementing E.O. 11246 also require
contractors that have 50 or more employees (and a contract or
subcontract of $50,000 or more) to demonstrate that they have made good
faith efforts to remove identified barriers, expand employment
opportunities, and produce measurable results,\10\ and to develop and
maintain a written program, which describes the policies, practices,
and procedures that the contractor uses to ensure that applicants and
employees receive equal opportunities for employment and
advancement.\11\ In lieu of developing a separate workforce inclusion
plan, a contractor would be permitted to submit its existing written
program prescribed by the E.O. 11246 regulations as part of the
documentation that demonstrates the contractor's good faith efforts to
ensure the fair inclusion of minorities and women in its workforce.
Thus, approximately 120 contractors are already required to maintain
the information that may be requested under the proposed Contract
Standard.
---------------------------------------------------------------------------

    \7\ 42 U.S.C. 2000e, et seq.
    \8\ Executive Order 11246, 30 FR 12,319 (Sept. 24, 1965).
    \9\ See 41 CFR 60-1.7.
    \10\ See 41 CFR 60-2.17(c).
    \11\ See 41 CFR part 60-2.
---------------------------------------------------------------------------

    The estimated 50 contractors that employ fewer than 50 employees
are required under the regulations implementing E.O. 11246 to maintain
records showing the race, ethnicity and gender of each employee. We
believe that these contractors also keep job title information during
the normal course of business. However, contractors that have fewer
than 50 employees may not have the written program prescribed by the
E.O. 11246 regulations or similar plan that could be submitted as part
of the documentation to demonstrate their good faith efforts to ensure
the fair inclusion of minorities and women in their workforces.
Accordingly, contractors with fewer than 50 employees may have to
create a plan to ensure workforce inclusion of minorities and women.
    In order to estimate the burden on contractors associated with
creating a workforce inclusion plan, we considered the burden estimates
for developing the written programs required under the regulations
implementing E.O. 11246.\12\ As there is no regulatory blueprint for a
workforce inclusion plan, and contractors creating a workforce
inclusion plan are not required to perform the same types of analyses
required for the written programs prescribed by the E.O. 11246
regulations, we believe that to develop a workforce inclusion plan
contractors with fewer than 50 employees would require approximately a
third of the hours that contractors of similar size spend on developing
the written programs required under the E.O. 11246 regulations.
Accordingly, we estimate that contractors would spend about 24 hours of
employee resources to develop a workforce inclusion plan. This would be
a one-time total burden of 1,200 hours. After the initial development,
we estimate that each contractor with fewer than 50 employees would
spend approximately 10 hours each year updating and maintaining its
workforce inclusion plan for a total annual burden of 500 hours. To
account for this expected diminishing burden, we use a three-year
average of the expected burden during the first year with the expected
ongoing burden during the next two years to estimate the annual
recordkeeping burden on contractors with fewer than 50 employees. Thus,
we estimate that the total annual recordkeeping burden for such
contractors to be about 740 hours [(1,200 + 500 + 500)/3 years, rounded
up].
---------------------------------------------------------------------------

    \12\ According to the Supporting Statement for the OFCCP
Recordkeeping and Requirements-Supply Service, OMB Control No. 1250-
003 (``Supporting Statement''), it takes approximately 73 burden
hours for contractors with 1-100 employees to develop the initial
written program required under the regulations implementing E.O.
11246. We understand the quantitative analyses prescribed by the
Executive Order regulations at 41 CFR part 60-2 are a time-consuming
aspect of the written program development. As there is no
requirement to perform these types of quantitative analyses in
connection with a workforce inclusion plan under the proposed
Contract Standard, we believe the workforce inclusion plan will take
substantially fewer hours to develop. The Supporting Statement is
available at reginfo.gov.
---------------------------------------------------------------------------

    The proposed contract standard also would require contractors to
maintain information about covered subcontractors' ownership status,
workforce demographics, and workforce inclusion plans. Contractors
would request this information from their covered subcontractors, who
would have an obligation to keep workforce demographic data and
maintain workforce inclusion plans because the substance of the
proposed Contract Standard would be included in their subcontracts.
Based on data describing recent Commission subcontractor activity, we
believe that very few subcontractors will have subcontracts under
Commission service contracts with a dollar value of $100,000 or
more.\13\ These subcontractors may already be subject to similar
recordkeeping requirements as principal contractors. Consequently, we
believe that any additional requirements imposed on subcontractors
would not significantly add to the burden estimates discussed above.
---------------------------------------------------------------------------

    \13\ A search of subcontract awards on the usaspending.gov Web
site showed that four subcontractors in FY 2012 and three
subcontractors in FY 2013 had subcontracts of $100K or more. See
data on subcontract awards available at http://usaspending.gov.
---------------------------------------------------------------------------

b. Reporting Burden
    With respect to the reporting burden, we estimate that it would
take all contractors on average approximately one hour to retrieve and
submit to the OMWI Director the documentation specified in the proposed
Contract Standard. We expect to request documentation from up to 100
contractors each year and therefore we estimate the total annual
reporting burden to be 100 hours.

B. Solicitation of Public Comment

    We request comments on the proposed collection of information in
order to: (a) Evaluate whether the proposed collection of information
is necessary for the proper performance of the functions of the
Commission, including whether the information will have practical
utility; (b) evaluate the accuracy of the Commission's estimate of the
burden (including hours and cost) of the proposed collection of
information; (c) determine whether there are ways to enhance the
quality, utility, and clarity of the information to be collected; and
(d) evaluate whether there are ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques or other forms of information
technology.
    Persons who desire to submit comments on the collection of
information may use any of the methods shown in the ADDRESSES section
of this notice. Comments should be received on

or before: April 14, 2015. Comments submitted in response to this
notice will be summarized and/or included in the request for OMB
approval of this information collection; they also will become a matter
of public record.

Text of Proposed Contract Standard for Contractor Workforce Inclusion

    Note:  The Text of this Proposed Contract Standard will not
appear in the Code of Federal Regulations.

Contractor Workforce Inclusion

    Authority:  12 U.S.C. 5452; Sec. 342, Pub. L. 111-203.

Scope

    The agency will include the Contractor Workforce Inclusion contract
standard in all Commission solicitations and resulting contracts for
services with a dollar value of $100,000 or more.

Contract Standard

    The following contract standard shall be included in all Commission
solicitations and resulting contracts for services with a dollar value
of $100,000 or more.
Contractor Workforce Inclusion
    The Contractor confirms its commitment to equal opportunity in
employment and contracting, and that it shall ensure, to the maximum
extent possible and consistent with applicable law, the fair inclusion
of minorities and women in its workforce.
    The Contractor shall insert the substance of this contract standard
in each subcontract for services awarded for performance of this
contract with a dollar value of $100,000 or more.
    Within ten (10) business days of a written request from the
Director of the Commission's Office of Minority and Women Inclusion
(OMWI Director) or designee, or such longer time as the OMWI Director
or designee determines, and without any additional consideration,
action or authorization required from the OMWI Director, the Contractor
shall provide documentation, satisfactory to the OMWI Director, of the
actions it has undertaken (and as applicable, the actions each covered
subcontractor under the contract has undertaken) to demonstrate its
good faith efforts to comply with the aforementioned provisions.
    For purposes of this contract, ``good faith efforts'' shall include
actions by the Contractor (and as applicable, actions by each covered
subcontractor under the Service Contract) to identify and, if present,
remove barriers to minority and women employment or expansion of
employment opportunities for minorities and women within its workforce.
Efforts to remove such barriers may include, but are not limited to,
recruiting to ensure that applicant pools include minorities and women,
providing job-related training, or other activity that could lead to
removing such barriers.
    The documentation requested by the OMWI Director or designee to
demonstrate good faith efforts may include, but is not limited to, one
or more of the following:
    a. The total number of Contractor's employees, and the number of
employees by race, ethnicity, gender, and job title or EEO-1 Report job
category (e.g., EEO-1 Report(s));
    b. A list of covered subcontract awards for services under the
contract, and for each covered subcontract award, the dollar amount,
date of award, and the subcontractor's race, ethnicity, and/or gender
ownership status;
    c. The contractor's plan for ensuring the fair inclusion of
minorities and women in its workforce, including outreach efforts; and
    d. For each covered subcontractor, the documentation specified in
paragraphs a. and c. above.
    Consistent with Section 342(c)(3) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (the ``Dodd-Frank Act''), 12 U.S.C.
5452(c)(3), a Contractor's failure to demonstrate to the OMWI Director
that it has made good faith efforts to include minorities and women in
its workforce (and as applicable, failure to demonstrate that its
subcontractor(s) has made such good faith efforts) may result in
termination of the contract for default after the contractor is
provided written notice and an opportunity to cure the failure in
accordance with the procedures set forth in FAR 49.402-3(d), other
contractual remedies, referral to the Office of Federal Contract
Compliance Programs (OFCCP), or other appropriate action.
    Compliance with this standard does not necessarily satisfy the
requirements of EO 11246, as amended, nor does it preclude OFCCP
compliance evaluations and/or enforcement actions undertaken pursuant
to that Executive Order, or demonstrate compliance with other FAR
clauses that may be included in this contract.
    For purposes of this contract standard, the term ``minority'' shall
have the meaning set forth in section 342(g) of the Dodd-Frank Act.

    Dated: February 10, 2015.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2015-03082 Filed 2-12-15; 8:45 am]
BILLING CODE 8011-01-P