[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Pages 86891-86893]
[FR Doc No: 2023-27573]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Privacy Act of 1974; System of Records

AGENCY: Federal Energy Regulatory Commission (FERC), DOE.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, all agencies are
required to publish in the Federal Register a notice of their systems
of records. Notice is hereby given that the Federal Energy Regulatory
Commission (FERC) is publishing a notice of modifications to an
existing FERC system of records titled ``FERC-55 ``Identity,
Credential, and Access Management Records.''

DATES: Please submit comments on this modified system of records on or
before January 16, 2024. These new routine uses are effective January
16, 2024. If no public comment is received during this period or unless
otherwise published in the Federal Register by FERC, the modified
system of records will become effective a minimum of 30 days after the
date of publication in the Federal Register. If FERC receives public
comments, FERC shall review the comments to determine whether any
changes to the notice are necessary.

ADDRESSES: Comments may be submitted in writing to Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426 or
electronically to [email protected]. Comments should indicate that they
are submitted in response to ``Identity, Credential, and Access
Management Records (FERC-55)''.

FOR FURTHER INFORMATION CONTACT: Mittal Desai, Chief Information
Officer & Senior Agency Official for Privacy, Office of the Executive
Director, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
and to comply with the Office of Management and Budget (OMB) Memorandum
M-17-12, Preparing for and Responding to a Breach of Personally
Identifiable Information, January 3, 2017, this notice has twelve (12)
new routine uses, including two routine uses that will permit FERC to
disclose information as necessary in response to an actual or suspected
breach that pertains to a breach of its own records or to assist
another agency in its efforts to respond to a breach that was
previously published separately at 87 FR 35543.
    The following sections have been updated to reflect changes made
since the publication of the last notice in the Federal Register:
dates, addresses; for further contact information; system name and
number; system manager; purpose of the system; categories of

individuals covered by the system; categories of records in the system;
record source categories; routine uses of records maintained in the
system, including categories of users and the purpose of such; policies
and practices for storage of records; policies and practices for
retrieval of records; policies and practices for retention and disposal
of records; administrative, technical, physical safeguards; records
access procedures; contesting records procedures; notification
procedures; and history.

SYSTEM NAME AND NUMBER:
    Identity, Credential, and Access Management Records (FERC-55).

SECURITY CLASSIFCATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Office of the Executive
Director, Chief Security Officer Directorate, Mission Integrity
Division, 888 First Street NE, Washington, DC 20426.

SYSTEM MANAGER(S):
    Director, Federal Energy Regulatory Commission, Chief Security
Officer Directorate, Mission Integrity Division, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER>.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. 3542; 41 CFR 102-74.375, HSPD-12/FIPS 201.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is the completion of sponsorship and
adjudication of individuals, issuance of PIV credentials, identity
management and logical access.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals are covered by this system:
current and former employees, current and former contractors, and
current and former interns.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include: individual's full name, current address, date of
birth, place of birth, work email address, work telephone number,
government-issued cell number, citizenship, office of assignment,
digital photograph, digital and/or paper fingerprint images, social
security number, results of background check, PIV credential number,
PIV expiration date, and any other information needed to provide or
deny logical access and to personalize levels of access.

RECORD SOURCE CATEGORIES:
    Records are obtained from the individual to whom the records
pertain.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, information maintained in this system may
be disclosed to authorized entities outside FERC for purposes
determined to be relevant and necessary as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
    1. To appropriate agencies, entities, and persons when (1) FERC
suspects or has confirmed that there has been a breach of the system of
records; (2) FERC has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Commission
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Commission's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
    2. To another Federal agency or Federal entity, when FERC
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
    3. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of that individual.
    4. To the Equal Employment Opportunity Commission (EEOC) when
requested in connection with investigations of alleged or possible
discriminatory practices, examination of Federal affirmative employment
programs, or other functions of the Commission as authorized by law or
regulation.
    5. To the Federal Labor Relations Authority or its General Counsel
when requested in connection with investigations of allegations of
unfair labor practices or matters before the Federal Service Impasses
Panel.
    6. To disclose information to another Federal agency, to a court,
or a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, when the Government is
a party to the judicial or administrative proceeding. In those cases
where the Government is not a party to the proceeding, records may be
disclosed if a subpoena has been signed by a judge.
    7. To the Department of Justice (DOJ) for its use in providing
legal advice to FERC or in representing FERC in a proceeding before a
court, adjudicative body, or other administrative body, where the use
of such information by the DOJ is deemed by FERC to be relevant and
necessary to the advice or proceeding, and such proceeding names as a
party in interest: (a) FERC; (b) any employee of FERC in his or her
official capacity; (c) any employee of FERC in his or her individual
capacity where DOJ has agreed to represent the employee; or (d) the
United States, where FERC determines that litigation is likely to
affect FERC or any of its components.
    8. To non-Federal Personnel, such as contractors, agents, or other
authorized individuals performing work on a contract, service,
cooperative agreement, job, or other activity on behalf of FERC or
Federal Government and who have a need to access the information in the
performance of their duties or activities.
    9. To the National Archives and Records Administration in records
management inspections and its role as Archivist.
    10. To the Merit Systems Protection Board or the Board's Office of
the Special Counsel, when relevant information is requested in
connection with appeals, special studies of the civil service and other
merit systems, review of OPM rules and regulations, and investigations
of alleged or possible prohibited personnel practices.
    11. To appropriate Federal, State, or local agency responsible for
investigating, prosecuting, enforcing, or implementing a statute, rule,
regulation, or order, if the information may be relevant to a potential
violation of civil or criminal law, rule, regulation, order.
    12. To appropriate agencies, entities, and person(s) that are a
party to a dispute, when FERC determines that information from this
system of records is reasonably necessary for the recipient to assist
with the resolution of the dispute; the name, address, telephone
number, email address, and affiliation; of the agency, entity, and/or
person(s) seeking and/or participating in dispute resolution services,
where appropriate.
    13. To sponsors, employers, contractors, facility operators,
grantees, experts, fiscal agents, and consultants in connection with
establishing an access

account for an individual or maintaining appropriate points of contact.
    14. To FERC officials to serve as a data source in determining
appropriate logical access to FERC networks.
    15. To the news media and the public, with the approval of the
Senior Agency Official for Privacy, or their designee, in consultation
with counsel, when there exists a legitimate public interest in the
disclosure of the information or when disclosure is necessary to
preserve confidence in the integrity of FERC or is necessary to
demonstrate the accountability of FERC's officers, employees, or
individuals covered by the system, except to the extent it is
determined that release of the specific information in the context of a
particular case would constitute an unwarranted invasion of personal
privacy.
    16. To contractors, grantees, experts, consultants, detailees, and
other no-FERC employees performing or working on a contract, service,
grant cooperative agreement, or other assignment from the Federal
government, when necessary to accomplish an agency function related to
this system of records.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic records are stored on a shared drive within FERC's
network. Some electronic records are also stored in the sponsorship or
vendor portal. Access to electronic records is controlled by User ID
and password combination and/or the organizations Single Sign-On and
Multi-Factor Authentication solution. Access to electronic records is
restricted to those individuals whose official duties require access.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by last name and date of birth or social
security number and date of birth. Records may also be retrieved by an
identification number assigned to a computer; name; or email address.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the
schedule approved under the National Archives and Records
Administration's General Records Schedule 5.6: Security Management
Records; Disposition Authority: DAA-GRS-2021-0001-0005. Temporary.
Destroy six (6) years after the end of an employee or contractor's
tenure, but longer retention is authorized if required for business
use.

ADMINISTRATIVE. TECHNICAL, AND PHYSICAL SAFEGUARDS:
    See Policies and Practices for Storage of Records.

RECORD ACCESS PROCEDURES:
    Individuals requesting access to the contents of records must
submit a request through the Freedom of Information Act (FOIA) office.
The FOIA website is located at: https://www.ferc.gov/foia. Requests may
be submitted through the following portal: https://www.ferc.gov/enforcement-legal/foia/electronic-foia-privacy-act-request-form.
Written requests for access to records should be directed to: Director,
Office of External Affair, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures.

NOTIFICATION PROCEDURES:
    Generalized notice is provided by the publication of this notice.
For specific notice, see Records Access Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    70 FR 61612.

    Dated: December 11, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-27573 Filed 12-14-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Notices]
[Pages 69508-69514]
[FR Doc No: 2010-28444]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63260; File No. SR-FINRA-2010-034]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filings of Amendments No. 1 and 2 and Order
Granting Accelerated Approval of a Proposed Rule Change, as Amended, To
Adopt FINRA Rule 4530 (Reporting Requirements) in the Consolidated
FINRA Rulebook

November 5, 2010.

I. Introduction

    On July 30, 2010, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposal to (i) adopt NASD Rule 3070 (Reporting Requirements) as FINRA
Rule 4530 in the Consolidated FINRA Rulebook, with certain amendments
and the addition of a supplementary material section, and (ii) delete
paragraphs (a) through (d) of Incorporated NYSE Rule 351 and
Incorporated NYSE Rules 351.10 and 351.13. The proposal was published
for comment in the Federal Register on August 9, 2010.\3\ The
Commission received seven comments on the proposal.\4\ On October 18,
2010, FINRA

responded to the comments and filed Amendment No. 1 to the proposed
rule change.\5\ On October 22, 2010, FINRA filed Amendment No. 2 to the
proposed rule change.\6\ The Commission is publishing this notice and
order to solicit comments on Amendments No. 1 and 2 and to approve the
proposed rule change, as amended, on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 62621 (July 30,
2010), 75 FR 47863 (August 9, 2010) (``Notice'').
    \4\ See letter from Brendan Daly, Legal and Compliance Counsel,
Commonwealth Financial Network, to Elizabeth M. Murphy, Secretary,
Commission, dated August 27, 2010 (``Commonwealth Letter''); letter
from Kristin Bulls, Products and Broker-Dealer Compliance Director,
State Farm VP Management Corp., to Elizabeth M. Murphy, Secretary,
Commission, dated August 30, 2010 (``State Farm Letter''); letter
from Joan Hinchman, Executive Director, President and CEO, National
Society of Compliance Professionals, to Elizabeth M. Murphy,
Secretary, Commission, dated August 30, 2010 (``NSCP Letter'');
letter from Clifford E. Kirsch and Susan S. Krawczyk, Sutherland
Asbill & Brennan LLP, on behalf of the Committee of Annuity
Insurers, to Elizabeth M. Murphy, Secretary, Commission, dated
August 30, 2010 (``CAI Letter''); letter from Michael Lesutis,
Assistant General Counsel, PFS Investments, Inc., to Elizabeth M.
Murphy, Secretary, Commission, dated September 1, 2010 (``PFS
Letter''); letter from James T. McHale, Managing Director and
Associate General Counsel, Securities Industry and Financial Markets
Association, to Elizabeth M. Murphy, Secretary, Commission, dated
September 1, 2010 (``SIFMA Letter''); letter from Dale E. Brown,
President and CEO, Financial Services Institute, to Elizabeth M.
Murphy, Secretary, Commission, dated September 15, 2010 (``FSI
Letter'').
    \5\ See Amendment No. 1, dated October 18, 2010 (``Amendment No.
1''). The text of Amendment No. 1 is available on FINRA's Web site
at http://www.finra.org, at the principal office of FINRA, and on
the Commission's Web site, http://www.sec.gov/rules/sro.shtml. In
Amendment No. 1, FINRA responded to the comment letters received
regarding the Notice and revised the proposed rule change. Among
other things, FINRA proposes to amend (i) proposed FINRA Rule
4530(a)(1)(G) to require the reporting of any claims for damages by
a customer, broker or dealer that relates to the provision of
financial services or relates to a financial transaction; (ii)
proposed Supplementary Material .01 to provide clarity on what
internal conclusions of violative conduct a member must report
pursuant to proposed FINRA Rule 4530(b); (iii) proposed
Supplementary Material .07 to clarify the circumstances under which
a firm would not be required to report information relating to a
former associated person; (iv) proposed Supplementary Material .08
to clarify a member's reporting obligations regarding customer
complaints pursuant to proposed FINRA Rules 4530(a)(1)(B) and
4530(d); and (v) proposed Supplementary Material .09 to provide a
definition for the term ``financial-related.''
    \6\ See Amendment No. 2 dated October 22, 2010 (``Amendment No.
2''). The text of Amendment No. 2 is available on FINRA's Web site
at http://www.finra.org, at the principal office of FINRA, and on
the Commission's Web site, http://www.sec.gov/rules/sro.shtml. In
Amendment No. 2, FINRA proposes to further amend proposed
Supplementary Material .07 to clarify the circumstances under which
a firm would not be required to report information relating to a
former associated person.
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II. Description of the Proposal, as Modified by Amendments No. 1 and 2

    As part of the process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook''), FINRA proposes to (i) adopt NASD
Rule 3070 (Reporting Requirements) as FINRA Rule 4530 in the
Consolidated FINRA Rulebook, subject to certain amendments described
below and the addition of a supplementary material section as detailed
below and (ii) delete paragraphs (a) through (d) of Incorporated NYSE
Rule 351 and Incorporated NYSE Rules 351.10 and 351.13 from the
Transitional Rulebook.
    NASD Rule 3070 and Incorporated NYSE Rule 351 require members to
report to FINRA certain specified events (e.g., regulatory actions,
certain customer settlements, securities-related law suits or
arbitrations, etc.), to file with FINRA documents related to such
events, and to report to FINRA quarterly statistical and summary
information regarding written customer complaints. FINRA uses the
reported information for regulatory purposes; the information, among
other things, assists FINRA in identifying and investigating firms,
offices and associated persons that may pose a regulatory risk.\7\
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    \7\ See Notice, supra note 3, 75 FR at 47863.
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    Because proposed FINRA Rule 4530 is based upon NASD Rule 3070, the
following description sets forth a summary of the ways in which
proposed FINRA Rule 4530 differs from NASD Rule 3070.

A. Reporting Deadline (Proposed FINRA Rules 4530(a) and 4530.03)

    The substantive changes to proposed FINRA Rule 4530(a) clarify that
a firm must report to FINRA after the firm ``knows or should have
known'' of the existence of any of the events specified in paragraph
(a) of the proposed rule and extends the time period for reporting the
events from 10 business days (as provided under NASD Rule 3070(b)) to
no later than 30 calendar days after the firm knows or should have
known of the event. FINRA states that the proposed 30-calendar-day
reporting deadline is consistent with Incorporated NYSE Rule 351 \8\
and the reporting deadlines for disclosing information on forms BD
(Uniform Application for Broker-Dealer Registration),\9\ U4 (Uniform
Application for Securities Industry Registration or Transfer) \10\ and
U5 (Uniform Termination Notice for Securities Industry Registration)
\11\ (collectively referred to as the ``Uniform Forms'').
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    \8\ See Incorporated NYSE Rule 351(b); NYSE Information Memo 90-
17, ``Timely and Complete Filings and Responses to Enforcement
Inquiries'' (April 30, 1990) (defining ``prompt'' filing as
occurring within 30 days of the reportable event).
    \9\ See Article IV, Section 1 of FINRA's By-Laws.
    \10\ See Article V, Section 2 of FINRA's By-Laws.
    \11\ See Article V, Section 3 of FINRA's By-Laws.
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B. External Findings (Proposed FINRA Rule 4530(a)(1)(A))

    NASD Rule 3070(a)(1) requires a firm to report findings of
violations of ``any provision of any securities laws, or regulation,
any rule or standards of conduct of any governmental agency, self-
regulatory organization, or financial business or professional
organization.'' Proposed FINRA Rule 4530(a)(1)(A) would instead require
a firm to report findings of violations of any ``securities-,
insurance-, commodities-, financial- or investment-related laws, rules,
regulations or standards of conduct of any domestic or foreign
regulatory body, self-regulatory organization or business or
professional organization'' and eliminates the requirement for firms to
report findings that a member or associated person has engaged in
conduct inconsistent with just and equitable principles of trade.\12\
Proposed Supplementary Material .03 clarifies the meaning of the term
``found'' for the purpose of determining when a firm or associated
person has been ``found to have'' engaged in violative conduct.
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    \12\ FINRA members would still be required to report findings of
violations of an SRO's just and equitable principles of trade rule,
such as FINRA Rule 2010. See Notice, supra note 3, 75 FR at 47864.
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C. Civil Litigation or Arbitration; Claims for Damages (Proposed FINRA
Rules 4530(a)(1)(G), 4530.06 and 4530.09)

    As proposed, FINRA Rule 4530(a)(1)(G) extends the reporting
requirement relating to securities- and commodities-related civil suits
and arbitrations and claims for damages by customers and broker-dealers
disposed of by judgment, award or settlement (in an amount exceeding
certain monetary thresholds) to include ``any financial-related
insurance civil litigation or arbitration'' but limits the requirement
to report claims for damages by customers, brokers or dealers to those
claims for damages that relate to the provision of financial services
or a financial transaction.\13\ Proposed Supplemental Material .06
clarifies that for purposes of determining whether a civil suit,
arbitration or claim for damages exceeds the monetary threshold and
must be reported pursuant to proposed FINRA Rule 4530(a)(1)(G), (1)
members must take into account awards of attorneys fees and interest,
and (2) if parties are subject to ``joint and several'' liability, each
party is considered separately liable for the aggregate amount.\14\
Proposed Supplemental Material .09 defines the term ``financial
related'' to mean ``related to the provision of financial services.''
\15\
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    \13\ See proposed FINRA Rule 4530(a)(1)(G), as modified by
Amendment No. 1.
    \14\ See proposed FINRA Rule 4530.06.
    \15\ See proposed FINRA Rule 4530.09, as modified by Amendment
No. 1.
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D. Statutory Disqualifications (Proposed FINRA Rule 4530(a)(1)(H))

    Proposed FINRA Rule 4530(a)(1)(H) modifies the reporting
requirement in NASD Rule 3070(a)(9) relating to statutory
disqualifications to clarify that a member must report to FINRA
whenever the member itself is subject to a ``statutory
disqualification,'' or whenever an associated person of the firm is
subject to a ``statutory disqualification.'' While NASD Rule 3070(a)(9)
requires a member to report to FINRA if the member or an associated
person of the member ``is associated in any business or financial
activity'' with a person subject to a ``statutory

disqualification,'' proposed FINRA Rule 4530(a)(1)(H) instead requires
a member to report to FINRA whenever the member or an associated person
of the member ``is involved in the sale of any financial instrument,
the provision of any investment advice or the financing of any such
activities'' with a person subject to a ``statutory disqualification.''
\16\
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    \16\ FINRA notes that this provision is consistent with
Incorporated NYSE Rule 351(a)(9). See Notice, supra note 3, 75 FR at
47864.
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E. Internal Disciplinary Actions Against Associated Persons (Proposed
FINRA Rule 4530(a)(2))

    Similar to NASD Rule 3070(a)(10), proposed FINRA Rule 4530(a)(2)
requires a firm to report certain disciplinary actions taken by the
firm against its associated persons. Proposed FINRA Rule 4530(a)(2)
states that disciplinary actions involving the withholding of
compensation or of any other remuneration in excess of $2,500 are
reportable events (as opposed to just the withholding of commissions,
as provided by NASD Rule 3070(a)(10)).

F. Internal Conclusions (Proposed FINRA Rules 4530(b), 4530.01 and
4530.02)

    Proposed FINRA Rule 4530(b) requires firms to report internal
conclusions of certain enumerated violative conduct.\17\ Specifically,
a firm would be required to report to FINRA no later than 30 calendar
days after the firm has concluded, or reasonably should have concluded,
that an associated person of the firm or the firm itself has violated
any securities-, insurance-, commodities-, financial- or investment-
related laws, rules, regulations or standards of conduct of any
domestic or foreign regulatory body or SRO.
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    \17\ FINRA notes that this proposed rule is generally based on
Incorporated NYSE Rule 351(a)(1), which requires a firm to report
whenever it or its associated persons have violated any provision of
any securities law or regulation, any agreement with or rule or
standard of conduct of any governmental agency, self-regulatory
organization (``SRO''), or business or professional organization, or
engaged in conduct that is inconsistent with just and equitable
principles of trade or detrimental to the interests or welfare of
the NYSE. See Notice, supra note 3, 75 FR at 47864.
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    Pursuant to proposed Supplementary Material .01, if a firm
disciplines an associated person in the manner described in proposed
FINRA Rule 4530(a)(2), the firm would be required to report the event
under proposed FINRA Rule 4530(a)(2).\18\ In addition, proposed
Supplementary Material .01 clarifies that FINRA only expects a member
to report internal conclusions pursuant to proposed FINRA Rule 4530(b)
relating to violative conduct that has widespread or potentially
widespread effect on the member, its customers or markets, or, in the
case of violative conduct of the member, that arises from a material
failure of the member's systems, policies or practices involving
numerous customers, multiple errors or significant dollar amounts, or,
in the case of violative conduct by an associated person, has a
significant monetary result with respect to a member(s), customer(s) or
market(s) or where there are multiple instances of any violative
conduct.\19\
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    \18\ See proposed FINRA Rule 4530.01, as modified by Amendment
No. 1.
    \19\ Id.
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    In addition, proposed Supplementary Material .02 states that
proposed FINRA Rule 4530(b) only requires reporting where a member has
concluded or reasonably should have concluded on its own that violative
conduct has occurred, as opposed to where there has been a finding of
violative conduct by an external body, such as a court, domestic or
foreign regulatory body, SRO or business or professional organization
(which would be reportable pursuant to proposed FINRA Rule
4530(a)(1)(A)).\20\
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    \20\ See proposed FINRA Rule 4530.02.
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G. Reporting Obligation (Proposed FINRA Rule 4530(e))

    Similar to NASD Rule 3070(d), proposed FINRA Rule 4530(e) provides
that proposed FINRA Rule 4530 does not relieve a firm or an associated
person from other obligations, such as the requirement to disclose
information on the Uniform Forms, as applicable. In addition, proposed
FINRA Rule 4530(e) clarifies that a firm must comply with the reporting
obligations under proposed FINRA Rules 4530(a) and (b) and must report
quarterly statistical and summary information regarding written
customer complaints pursuant to proposed FINRA Rule 4530(d), regardless
of whether such information is reported or disclosed pursuant to any
other rule or requirement, including the requirements of the Forms BD
or U4.\21\
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    \21\ Proposed FINRA Rule 4530(e) provides that a firm is not
required to report an event otherwise required to be reported under
proposed FINRA Rules 4530(a) or (b) if the firm discloses the event
on a Form U5, consistent with the requirements of that form.
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H. Elimination of the Exemption for Dual Members Subject to Another
SRO's Rule

    Proposed FINRA Rule 4530 does not include the exemption set forth
in NASD Rule 3070(e) for firms subject to substantially similar
reporting requirements of another SRO because this provision was
intended to exempt Dual Members subject to the reporting requirements
of NASD Rule 3070 and the reporting requirements of Incorporated NYSE
Rule 351.\22\
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    \22\ See Notice, supra note 3, 75 FR at 47865.
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I. Filing of Related Documents With FINRA (Proposed FINRA Rule 4530(f))

    Consistent with NASD Rule 3070(f), proposed FINRA Rule 4530(f)
requires a firm to file copies of certain criminal and civil complaints
and arbitration claims with FINRA. However, proposed FINRA Rule 4530(f)
expands the filing requirement to include (1) copies of any complaint
in which a member is named as a defendant or respondent in any
``financial-related insurance private civil litigation'' and (2) any
``financial-related insurance arbitration claim'' filed against a
member in any forum other than the FINRA Dispute Resolution forum.

J. Additional Supplementary Material (Proposed FINRA Rules 4530.05, .07
and .08)

    In addition to the supplementary material discussed above, FINRA
also proposes as supplementary material the following clarifications:
(1) For purposes of proposed FINRA Rules 4530(a) and (b), firms should
not report a single event under more than one paragraph or
subparagraph; however, members may be required to report related events
under more than one paragraph or subparagraph; \23\ (2) for purposes of
proposed FINRA Rules 4530(a), (b) and (d), firms should report an event
relating to a former associated person if the event occurred while the
individual was associated with the member; however, a member is not
required to report such an event where, based on its records or
information available through Web CRD, the member cannot determine that
the person was an associated person of the member; \24\ and (3) any
written customer complaint reported under proposed FINRA Rule
4530(a)(1)(B) must also be reported pursuant to proposed FINRA Rule
4350(d); \25\ however, for the purpose of reporting under proposed
FINRA Rule 4350(d), a member must report (1) any written grievance
involving the member or its associated person by a person,

other than a broker or dealer, with whom the member has engaged in
securities activities and (2) any securities-related written grievance
involving the member or its associated person and any written complaint
reportable under proposed Rule 4530(a)(1)(B) by a person other than a
broker or dealer, with whom the member has sought to engage in
securities activities.\26\
---------------------------------------------------------------------------

    \23\ See proposed FINRA Rule 4530.05.
    \24\ See proposed FINRA Rule 4530.07.
    \25\ Proposed FINRA Rule 4530(a)(1)(B) is identical to NASD Rule
3070(a)(2) and requires a member to report to FINRA if the member or
an associated person of the member is the subject of any written
customer complaint involving allegations of theft or
misappropriation of funds or securities or of forgery.
    \26\ See proposed FINRA Rule 4530.08.
---------------------------------------------------------------------------

K. Deletion of Certain Incorporated NYSE Provisions

    FINRA proposes to delete paragraphs (a) through (d) of Incorporated
NYSE Rule 351 and NYSE Rules 351.10 and 351.13 because these provisions
are substantially similar to, otherwise incorporated in, or rendered
obsolete by proposed FINRA Rule 4530, or addressed by other rules.\27\
---------------------------------------------------------------------------

    \27\ See Notice, supra note 3, 75 FR at 47866.
---------------------------------------------------------------------------

III. Summary of Comments and FINRA's Response

    The Commission received seven comment letters to the proposed rule
change.\28\ FINRA responded to the comments and modified the proposed
rule change in Amendments No. 1 and 2.
---------------------------------------------------------------------------

    \28\ See supra, note 4.
---------------------------------------------------------------------------

A. Reporting of Insurance-Related External Findings Under Proposed
FINRA Rule 4530(a)(1)(A)

    FINRA Rule 4350(a)(1)(A) requires members to report, among other
things, external findings of violations of insurance-related laws,
rules, or regulations. One commenter believes that the requirement to
report insurance-related external findings is unwarranted, burdensome,
and outside the scope of FINRA's authority.\29\ The commenter argues
that reportable external findings should be limited to those that
derive from a transaction with a customer.\30\ FINRA responds that
current NASD Rule 3070(a)(1) requires a member to report external
findings relating to violations of any rule or standard of conduct of
any governmental agency, SRO, or financial business or professional
organization.\31\ Therefore, members are currently required to report
external findings related to insurance matters and the proposed rule
simply continues this requirement and is consistent with other
provisions of FINRA's rules.\32\ Finally, FINRA states that this
information is relevant because it assists FINRA in identifying members
and associated persons that may pose a regulatory risk.\33\
---------------------------------------------------------------------------

    \29\ See State Farm Letter.
    \30\ Id.
    \31\ See Amendment No. 1 at 7.
    \32\ Id. FINRA points to NASD Rule 3070(a)(3) and NYSE Rule
351(a)(3) (requiring reporting where a firm or an associated person
is named as a defendant or respondent in any proceeding brought by a
regulatory or self-regulatory body alleging the violation of any
insurance laws, rules or regulations), NASD Rule 3070(a)(4) and NYSE
Rule 351(a)(4) (requiring reporting where a firm or an associated
person is disciplined by any insurance regulatory or self-regulatory
body, is denied membership or continued membership in any such self-
regulatory body, or is barred from becoming associated with any
member of any such self-regulatory body), and NASD Rule 3070(a)(6)
and NYSE Rule 351(a)(6) (requiring reporting where a firm or an
associated person is a director, controlling stockholder, partner,
officer, sole proprietor, or an associated person of an insurance
company that was suspended, expelled or had its registration denied
or revoked).
    \33\ Id.
---------------------------------------------------------------------------

    In response to a comment that FINRA should provide additional
guidance regarding what members should identify and report pursuant to
proposed FINRA Rule 4530(a)(1)(A),\34\ FINRA notes that proposed
Supplementary Material .02, which states that FINRA Rule 4530(a)(1)(A)
is limited to situations where there has been a finding of violative
conduct by an external body, such as a court, domestic or foreign
regulatory body, SRO or business or professional organization.\35\
---------------------------------------------------------------------------

    \34\ See NSCP Letter.
    \35\ See Amendment No. 1 at 7-8.
---------------------------------------------------------------------------

B. Civil Litigation or Arbitration and Other Claims for Damages Under
Proposed FINRA Rule 4350(a)(1)(G)

    Proposed Rule 4530(a)(1)(G) requires that members report any
``insurance'' civil litigation or arbitration that is ``financial-
related.'' Three commenters opined that the term ``financial-related''
is ambiguous and needs greater clarification.\36\ In response, FINRA
amended its proposal to add Supplementary Material .09, which defines
the term ``financial-related'' to mean ``related to the provision of
financial services.'' \37\
---------------------------------------------------------------------------

    \36\ See CAI Letter, NSCP Letter and State Farm Letter.
    \37\ See proposed FINRA Rule 4530.09.
---------------------------------------------------------------------------

    Two commenters believe that the reporting of insurance-related
civil litigation and arbitration should be limited to insurance
products that are securities.\38\ FINRA clarifies that the proposed
rule would exclude civil litigation and arbitration related to certain
insurance products, such as traditional auto and health insurance, but
would include civil litigation and arbitration involving non-securities
insurance products related to the provision of financial services.\39\
FINRA does not believe that the proposed rule should be limited to
insurance products that are securities.\40\
---------------------------------------------------------------------------

    \38\ See CAI Letter and NSCP Letter.
    \39\ See Amendment No. 1 at 8.
    \40\ Id.
---------------------------------------------------------------------------

    As initially proposed, proposed Rule 4530(a)(1)(G) required the
reporting of claims for damages by customers that were ``financial or
transactional in nature.'' \41\ Two commenters requested further
clarification to effectively identify and report insurance matters
relevant to FINRA.\42\ In response to these comments, FINRA revised the
language of proposed Rule 4530(a)(1)(G) to require reporting of any
claim for damages that relates to the provision of financial services
or relates to a financial transaction.\43\
---------------------------------------------------------------------------

    \41\ See Notice, supra note 3, 75 FR at 47864.
    \42\ See NSCP Letter and State Farm Letter.
    \43\ See proposed FINRA Rule 4350(a)(1)(G), as modified by
Amendment No. 1.
---------------------------------------------------------------------------

C. Reporting of Internal Conclusions Under Proposed FINRA Rule 4530(b)

    Proposed FINRA Rule 4350(b) requires members to report to FINRA
certain internal conclusions of violative conduct.\44\ As initially
proposed, Supplementary Material .01 stated that FINRA Rule 4530(b)
would not require a member to report an isolated violation by the
member or an associated person of the member that could be reasonably
viewed as a ministerial violation that did not result in customer harm
and was remedied promptly upon discovery.\45\
---------------------------------------------------------------------------

    \44\ See proposed FINRA Rule 4350(b).
    \45\ See Notice, supra note 3, 75 FR at 47865.
---------------------------------------------------------------------------

    Four commenters argued that the provisions of proposed FINRA Rules
4530(b) and Supplementary Material .01 are unduly burdensome, overly
broad and costly,\46\ and two requested elimination of the reporting
requirement.\47\ In response, FINRA notes that NYSE Rule 351(a)(1)
requires firms to report internal conclusions of violative conduct and
that FINRA's examination programs use this information as part of their
assessment processes and risk-based analyses.\48\
---------------------------------------------------------------------------

    \46\ See CAI Letter, Commonwealth Letter and NSCP Letter.
    \47\ See CAI Letter and State Farm Letter.
    \48\ See Amendment No. 1 at 10.
---------------------------------------------------------------------------

    All commenters believe that the requirements of proposed FINRA Rule
4530(b) and the language in Supplementary Material .01 are vague and
that FINRA should clarify and provide examples of what internal
conclusions are required to be reported.\49\ Some of these commenters
suggest that FINRA should adopt the reporting standard and interpretive
guidance set forth in NYSE Information

Memorandum 06-11.\50\ In response to these comments, FINRA noted that
it continues to believe the standard set forth in NYSE Information
Memorandum 06-11 is too narrow \51\ but amended Supplementary Material
.01 to further clarify what internal conclusions of violative conduct
FINRA expects a member to report.\52\
---------------------------------------------------------------------------

    \49\ See CAI Letter, Commonwealth Letter, FSI Letter, NSCP
Letter, PFS Letter, SIFMA Letter and FSI Letter.
    \50\ See CAI Letter, Commonwealth Letter, FSI Letter and PFS
Letter.
    \51\ Id. at 15.
    \52\ See proposed FINRA Rule 4350.01, as modified by Amendment
No. 1.
---------------------------------------------------------------------------

    Two commenters believe that the term ``concluded'' is vague.\53\
FINRA responds that a firm is free to determine the persons responsible
for concluding that a violation has occurred. FINRA stated that a firm
cannot defend against a failure to report such conduct by asserting
that the conduct was of a nature that did not merit consideration by a
person of seniority.\54\ In addition, FINRA notes that if someone
within a firm reaches a conclusion of violation, but upon review,
senior management reaches a different conclusion, a firm could rely on
senior management's determination, provided it is reasonable.\55\
---------------------------------------------------------------------------

    \53\ See NSCP Letter and State Farm Letter.
    \54\ See Amendment No. 1 at 11.
    \55\ See Amendment No. 1 at 11-12.
---------------------------------------------------------------------------

    A number of commenters took issue with the requirement to report
violative conduct pursuant to proposed FINRA Rule 4350(b) if a member
``reasonably should have concluded'' a violation occurred, arguing it
will create uncertainty, result in inconsistent application, and could
be used in hindsight by FINRA to pursue a firm if FINRA concludes
after-the-fact that the firm should have reported.\56\ In response,
FINRA clarifies that if a reasonable person would have concluded that a
violation occurred, then the matter is reportable, and if a reasonable
person would not have concluded that a violation occurred, then the
matter is not reportable; FINRA will rely on a firm's good-faith
reasonable determination.\57\
---------------------------------------------------------------------------

    \56\ See CAI Letter, Commonwealth Letter, FSI Letter, NSCP
Letter and SIFMA Letter.
    \57\ See Amendment No. 1 at 13.
---------------------------------------------------------------------------

    Numerous commenters expressed concern that FINRA's statement that
the existence of internal audit findings creates a strong presumption
that a matter is reportable \58\ could undermine the internal audit
process at member firms.\59\ Similarly, commenters believe FINRA's
statement \60\ that matters subject to a firm's internal review
processes as required under other FINRA rules are subject to being
reported as internal conclusions under proposed FINRA Rule 4530(b)
could be problematic.\61\ One commenter believes this could result in
firms diluting their internal control findings.\62\ Two commenters
point out that this runs counter to previous guidance by NASD that it
would not use the reports and review processes contemplated by NASD
Rules 3012 and 3013 as a roadmap for disciplinary action against
firms.\63\ FINRA responds that the reporting obligation under proposed
FINRA Rule 4350(b) and the internal review processes set forth under
other rules (e.g., FINRA Rule 3130) are mutually exclusive and that,
while internal review processes may inform a member's determination
that a violation occurred, they do not by themselves lead to the
conclusion that a matter is reportable under proposed FINRA Rule
4350(b).\64\ FINRA notes that it would not view a discussion in an
internal audit report regarding the need for enhanced controls in a
particular area alone as determinative of a reportable violation under
proposed FINRA Rule 4350(b).\65\ FINRA also clarifies that, rather than
creating a strong presumption, an internal audit finding would serve
only as one factor, among others, that a firm should consider in
determining whether violative conduct occurred.\66\ Furthermore, FINRA
has stated that it believes that the goals of customer protection and
market integrity necessitate the reporting of such conduct to
FINRA.\67\
---------------------------------------------------------------------------

    \58\ See Notice, supra note 3, 75 FR at 47867.
    \59\ See Commonwealth Letter, NSCP Letter and SIFMA Letter.
    \60\ See Notice, supra note 3, 75 FR at 47867.
    \61\ See CAI Letter, Commonwealth Letter and SIFMA Letter.
    \62\ See SIFMA Letter.
    \63\ See CAI Letter and Commonwealth Letter.
    \64\ See Amendment No. 1 at 14-15.
    \65\ See Amendment No. 1 at 15.
    \66\ Id.
    \67\ See Notice, supra note 3, 75 FR at 47867.
---------------------------------------------------------------------------

D. Customer Complaints

    Proposed FINRA Rule 4530(d) requires members to submit monthly
reports to FINRA regarding written customer complaints received by the
member. A member would not be required to report written complaints
relating to non-securities products, if such complaints are not from
customers that the member has engaged, or has sought to engage, in
securities activities.\68\ If a member has engaged, or has sought to
engage, in securities activities with a person, then any written
complaint from that person is reportable, regardless of whether it
relates to non-securities products.\69\ One commenter stated that it
would be difficult to determine with whom a firm has ``sought to
engage'' in securities activities, and also expressed concern regarding
the potential number of non-securities related complaints it would have
to report in connection with customers it ``sought to engage'' in
securities activities.\70\ In response, FINRA notes that the definition
of ``customer'' under NASD Rule 3070(c) includes persons with whom a
member has ``sought to engage'' in securities activities and,
therefore, firms should currently have procedures to identify whether a
person submitting a written complaint is someone that the firm has
sought to engage in securities activities. In addition, FINRA amended
proposed Supplementary Material .08 to clarify circumstances under
which a member would be required to report, pursuant to proposed FINRA
Rules 4530(d) and 4530(a)(1)(B), complaints from persons with whom the
member has engaged in securities activities versus persons with whom
the member has sought to engage in securities activities.\71\
---------------------------------------------------------------------------

    \68\ See Notice, supra note 3, 75 FR at 47868. Proposed
Supplementary Material .08 defines ``customer'' as any person, other
than a broker or dealer, with whom a member has engaged, or has
sought to engage, in securities activities. This definition is
identical to the definition of ``customer'' contained in NASD Rule
3070(c).
    \69\ Id.
    \70\ See State Farm Letter.
    \71\ See proposed FINRA Rule 4530.08, as modified by Amendment
No. 1.
---------------------------------------------------------------------------

E. Duplicative Reporting

    Three commenters believe that FINRA should completely eliminate
duplicative reporting requirements under proposed FINRA Rule 4530(e)
and Forms U4, U5 and BD.\72\ FINRA responds that it will work toward
this goal and that proposed FINRA Rule 4530(e) will eliminate
duplicative reporting of information disclosed on the Form U5.\73\
---------------------------------------------------------------------------

    \72\ See CAI Letter, FSI Letter and SIFMA Letter.
    \73\ See Amendment No. 1 at 18.
---------------------------------------------------------------------------

F. Former Associated Persons

    Two commenters argued that the requirement to report certain events
related to former associated persons would be unduly burdensome and
recommend that the requirement be amended to conform to the record
retention requirements of Rule 17a-4 of the Act \74\ and the reporting
period for formerly associated persons be capped at three years.\75\ In
response, FINRA revised proposed Supplementary Material .07 to state
that a firm is not required to report information with respect to a
former associated person where, based on its records or information
available through Web CRD,

the member cannot determine whether the person was an associated
person.\76\
---------------------------------------------------------------------------

    \74\ 17 CFR 240.17a-4.
    \75\ See CAI Letter and FSI Letter.
    \76\ See proposed FINRA Rule 4530.07, as modified by Amendments
No. 1 and 2, which applies only if a firm has kept its records in
accordance with Rule 17a-4(e)(1) of the Act.
---------------------------------------------------------------------------

G. Other Comments

    One commenter urges the Commission to reject the rule and require
FINRA to provide a detailed analysis to support its claim that the
proposed rule will advance customer protection and market integrity
without placing an undue burden on firms.\77\ FINRA responds that the
proposed rule change would enhance FINRA's ability to detect and
investigate violative conduct.
---------------------------------------------------------------------------

    \77\ See PFS Letter.
---------------------------------------------------------------------------

    One commenter argues that the current dollar thresholds in the rule
that trigger a reporting obligation are too low and outdated.\78\ While
FINRA does not address this comment in Amendment No. 1, FINRA
previously responded that it believes the current dollar thresholds in
proposed FINRA Rule 4350 continue to be consistent with the purposes of
the rule, and that the $ 15,000 reporting threshold for an associated
person is consistent with the Forms U4 and U5 current reporting
thresholds.\79\
---------------------------------------------------------------------------

    \78\ See FSI Letter.
    \79\ See Notice, supra note 3, 75 FR at 47867.
---------------------------------------------------------------------------

    Two commenters argue that FINRA does not have the jurisdiction to
require firms to report information required under the proposed rule,
such as matters relating to insurance laws and commodities laws.\80\ As
discussed above, FINRA notes that the requirement to report insurance
matters is consistent with other provisions of the current rules and
that this information is relevant to FINRA's programs as it assists
FINRA in identifying members and associated persons that may pose a
regulatory risk.\81\
---------------------------------------------------------------------------

    \80\ See CAI Letter and FSI Letter.
    \81\ See supra notes 32-33 and accompanying text.
---------------------------------------------------------------------------

IV. Discussion and Commission Findings

    After carefully reviewing the proposed rule change, the comment
letters, and FINRA's response, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder that are applicable to a national
securities association.\82\ In particular, the Commission finds that
the proposed rule change is consistent with Section 15A(b)(6) of the
Act,\83\ which requires, among other things, that FINRA's rules be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The proposed rule change is consistent with FINRA's statutory
obligations under the Act to protect investors and the public interest
because it would enhance FINRA's ability to detect and investigate
violative conduct and to identify members and associated persons of
member firms that may pose a regulatory risk. The proposed rule change
streamlines the rules governing reporting requirements in NASD Rule
3070 and Incorporated NYSE Rule 351 while maintaining the disclosure
requirements in Incorporated NYSE Rule 351(a)(1) relating to internal
conclusions.
---------------------------------------------------------------------------

    \82\ In approving this proposed rule change, the Commission has
considered the proposed rule change's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \83\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    The Commission believes that the changes made in Amendments No. 1
and 2 should provide greater clarity to members regarding when a
reporting requirement arises pursuant to proposed FINRA Rule 4350 and
the types of external findings, internal conclusions and customer
complaints that must be reported. The Commission believes the proposed
rule further strengthens FINRA's ability to effectively detect
violative conduct by members and associated persons and protect
investors. Further, as the proposed rule change consolidates the NYSE
and NASD reporting requirement rules into one rule in the Consolidated
FINRA Rulebook, it should simplify reporting requirements for broker-
dealers and their associated persons.

V. Accelerated Approval

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\84\ for approving the proposed rule change, as amended, prior
to the 30th day after publication of Amendments No. 1 and 2 in the
Federal Register. The changes proposed in Amendments No. 1 and 2
respond to specific concerns raised by commenters and do not raise
additional issues. The rule change should enhance FINRA's ability to
oversee the conduct of its members and their associated persons, which
should further investor protection and the public interest.
Accordingly, the Commission finds that good cause exists to approve the
proposal, as modified by Amendments No. 1 and 2, on an accelerated
basis.
---------------------------------------------------------------------------

    \84\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether Amendments No. 1
and 2 to the proposed rule change are 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 Number SR-FINRA-2010-039 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2010-034. 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 website
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filings also will be
available for inspection and copying at the principal office of FINRA.
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-FINRA-2010-034
and should be submitted on or before December 3, 2010.

VII. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\85\ that the proposed rule change (SR-FINRA-2010-034), as modified
by Amendments No. 1 and 2, be, and hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \85\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\86\
---------------------------------------------------------------------------

    \86\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-28444 Filed 11-10-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43884-43885]
[FR Doc No: 2018-18580]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0491]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0060

AGENCY: Coast Guard, DHS.

ACTION: Thirty-Day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0060,
Vapor Control Systems for Facilities and Tank Vessels; without change.
Our ICR describes the information we seek to collect from the public.
Review and comments by OIRA ensure we only impose paperwork burdens
commensurate with our performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before
September 27, 2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-0491] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. Alternatively, you
may submit comments to OIRA using one of the following means:
    (1) Email: [email protected].
    (2) Mail: OIRA, 725 17th Street NW, Washington, DC 20503, attention
Desk Officer for the Coast Guard.
    A copy of the ICR is available through the docket on the internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE, STOP 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT:  Contact Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection. The Coast Guard invites comments on whether
this ICR should be granted based on the Collection being necessary for
the proper performance of Departmental functions. In particular, the
Coast Guard would appreciate comments addressing: (1) The practical
utility of the Collection; (2) the accuracy of the estimated burden of
the Collection; (3) ways to enhance the quality, utility, and clarity
of information subject to the Collection; and (4) ways to minimize the
burden of the Collection on respondents, including the use of automated
collection techniques or other forms of information technology. These
comments will help OIRA determine whether to approve the ICR referred
to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2018-0491], and must be received by September
27, 2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0060.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (83 FR 24484, May 29, 2018)
required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments.
Accordingly, no changes have been made to the Collections.

Information Collection Request

    Title: Vapor Control Systems for Facilities and Tank Vessels.
    OMB Control Number: 1625-0060.
    Summary: The information is needed to ensure compliance with U.S.
regulations for the design of facility and tank vessel vapor control
systems (VCS). The information is also needed to determine the
qualifications of a certifying entity.
    Need: Section 1225 of 33 U.S.C. and 46 U.S.C. 3703 authorizes the
Coast Guard to established regulations to promote the safety of life
and property of facilities and vessels. Title 33 CFR part 154 subpart P
and 46 CFR part 39 contains the Coast Guard regulations for VCS and
certifying entities.
    Forms: None.
    Respondents: Owners and operators of facilities and tank vessels,
and certifying entities.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from 9,923
hours to 8,870 hours a year due to a decrease in the number of
respondents.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: August 22, 2018.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2018-18580 Filed 8-27-18; 8:45 am]
 BILLING CODE 9110-04-P