[Federal Register Volume 75, Number 244 (Tuesday, December 21, 2010)]
[Notices]
[Pages 80091-80097]
[FR Doc No: 2010-31951]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63554; File No. SR-ISE-2010-115]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change Regarding Registration
and Qualification Requirements for Associated Persons

December 15, 2010.
    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 December 1, 2010, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change, as described in Items I
and II below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE proposes to amend its rules to amend its rules [sic]
regarding the registration of associated persons. The text of the
proposed rule change is provided below (italics indicate additions;
[brackets] indicate deletions):

Rule 313. Registration Requirements

    (a) Registration of Individual Associated Persons Engaged in the
Securities Business.
    (1) Individual associated persons engaged or to be engaged in the
securities business of a Member shall be registered with the Exchange
in the category of registration appropriate to the function to be
performed as prescribed by the Exchange. Before the registration can
become effective, the individual associated person shall submit the
appropriate application for registration, pass a qualification
examination appropriate to the category of registration as prescribed
by the Exchange and submit any required registration and examination
fees. A Member shall not maintain a registration with the Exchange for
any person (1) who is no longer active in the Member's securities
business; (2) who is no longer functioning in the registered capacity;
or (3) where the sole purpose is to avoid an examination requirement. A
Member shall not make application for the registration of any person
where there is no intent to employ that person in the Member's
securities business. A Member may, however, maintain or make
application for the registration of an individual who performs legal,
compliance, internal audit, back-office operations, or similar
responsibilities for the Member, or a person who performs
administrative support functions for registered personnel, or a person
engaged in the securities business of a foreign securities affiliate or
subsidiary of the Member.
    (2) Persons Exempt from Registration. The following individual
associated persons of Members are exempt from the registration
requirements set forth in paragraph (1):
    (A) individual associated persons whose functions are solely and
exclusively clerical or ministerial;

    (B) individual associated persons who are not actively engaged in
the securities business;
    (C) individual associated persons whose functions are related
solely and exclusively to the Member's need for nominal corporate
officers or for capital participation;
    (D) individual associated persons whose functions are related
solely and exclusively to:
    (i) transactions in commodities;
    (ii) transactions in security futures; and/or
    (iii) effecting transactions on the floor of another national
securities exchange and who are registered as floor members with such
exchange.
    (b) Financial/Operations Principal. Each Member subject to Exchange
Act Rule 15c3-1 shall designate a Financial/Operations Principal. The
duties of a Financial/Operations Principal shall include taking
appropriate actions to assure that the Member complies with applicable
financial and operational requirements under the Rules and the Exchange
Act, including but not limited to those requirements relating to the
submission of financial reports and the maintenance of books and
records. Each Financial/Operations Principal is required to have
successfully completed the Financial and Operations Principal
Examination (Series 27 Exam). Each Financial/Operations Principal
designated by a Trading Member shall be registered in that capacity
with the Exchange as prescribed by the Exchange. A Financial/Operations
Principal of a Member may be a full-time employee, a part-time employee
or independent contractor of the Member.
    (c) Chief Compliance Officer. Each Member shall designate a Chief
Compliance Officer on Schedule A of Form BD. An individual designated
as a Chief Compliance Officer is required to register with the Exchange
and pass the appropriate heightened qualification examination(s) as
prescribed by the Exchange. A person who has been designated as a Chief
Compliance Officer on Schedule A of Form BD for at least two years
immediately prior to January 1, 2002, and who has not been subject
within the last ten years to any statutory disqualification as defined
in Section 3(a)(39) of the Act; a suspension; or the imposition of a
fine of $5,000 or more for a violation of any provision of any
securities law or regulation, or any agreement with, rule or standard
of conduct of any securities governmental agency, securities self-
regulatory organization, or as imposed by any such regulatory or self-
regulatory organization in connection with a disciplinary proceeding
shall be required to register in the category of registration
appropriate to the function to be performed as prescribed by the
Exchange, but shall be exempt from the requirement to pass the
heightened qualification examination as prescribed by the Exchange.
    (d) Registration Required Under Chapter 6. Individual associated
persons of a Member that conduct a public customer business must also
comply with the registration requirements set forth in Rule 601 and
Rule 602. These additional registration categories include: (i)
Registered Options Principal; and (ii) Registered Representative.
    (e) Requirement for Examination on Lapse of Registration. Any
person whose registration has been revoked by the Exchange as a
disciplinary sanction or whose most recent registration has been
terminated for two or more years immediately preceding the date of
receipt by the Exchange of a new application shall be required to pass
a qualification examination appropriate to the category of registration
as prescribed by the Exchange.

Supplementary Material to Rule 313

    .01 Each individual required to register under this Rule shall
electronically file a Uniform Application for Securities Industry
Registration (``Form U4'') through the Central Registration Depository
system (``Web CRD'') operated by the Financial Industry Regulatory
Authority, Incorporated (``FINRA'').
    .02 Each individual required to register under this Rule shall
electronically submit to Web CRD any required amendments to Form U4.
    .03 Any Member that discharges or terminates the employment or
retention of an individual required to register under this Rule shall
comply with the termination filing requirements set forth in Rule
601(c) and Rule 603, which include the filing of a Form U5.
    .04 Each individual required to register under this Rule is
required to satisfy the continuing education requirements set forth in
Rule 604 or any other applicable continuing education requirements as
prescribed by the Exchange.
    .05 The Exchange may, in exceptional cases and where good cause is
show, waive the applicable qualification examination and accept other
standards as evidence of an applicant's qualifications for
registration. Advanced age or physical infirmity will not individually
of themselves constitute sufficient grounds to waive a qualification
examination. Experience in fields ancillary to the securities business
may constitute sufficient grounds to waive a qualification examination.
    .06 For purposes of paragraph (a)(1) above, the Exchange shall
consider an individual associated person to be engaged in the
securities business of a Member if:
    (a) the individual associated person engages in one or more of the
following activities on behalf of the Member:
    (1) proprietary trading;
    (2) market-making;
    (3) effecting transactions on behalf of a broker-dealer;
    (4) supervision or monitoring of proprietary trading, market-
making, or brokerage activities;
    (5) supervision or training of those engaged in proprietary
trading, market-making, or brokerage activities with respect to those
activities; or
    (b) the individual associated person engages in the management of
one or more of the activities enumerated in subparagraphs (1) through
(5) above as an officer, partner or a director.
    .07 Each Member must register with the Exchange each individual
acting in any of the following capacities: (i) officer; (ii) partner;
(iii) director; (iv) supervisor of proprietary trading, market-making
or brokerage activities; and/or (v) supervisor of those engaged in
proprietary trading, market-making or brokerage activities with respect
to those activities. Each Member must register with the Exchange at
least two individuals acting in one or more of the capacities described
in (i)-(v) above. The Exchange may waive this requirement if a Member
demonstrates conclusively that only one individual acting in one or
more of the capacities described in (i) through (v) above should be
required to register. A Member that conducts proprietary trading only
and has 25 or fewer registered persons shall only be required to have
one officer or partner who is registered in this capacity.
    For purposes of this Supplementary Material .07 to Rule 313, a
Member shall be considered to conduct only proprietary trading if the
Member has the following characteristics:
    (a) The Member is not required by Section 15(b)(8) of the Exchange
Act to become a FINRA member but is a member of another registered
securities exchange not registered solely under Section 6(g) of the
Exchange Act;
    (b) All funds used or proposed to be used by the Member are the
Trading Member's own capital, traded through the Member's own accounts;
    (c) The Member does not, and will not, have customers; and

    (d) All persons registered on behalf of the Member acting or to be
acting in the capacity of a trader must be owners of, employees of, or
contractors to the Member.
Rule 601. Registration of Options Principals
    (a) No change.
    (b) In connection with their registration, Options Principals shall
electronically file a Uniform Application for Securities Industry
Registration or Transfer (``Form U4'') [with] through the Central
Registration Depository system (``Web CRD'') [System] operated by the
Financial Industry Regulatory Authority, Incorporated (``FINRA''),
shall successfully complete an examination prescribed by the Exchange
for the purpose of demonstrating an adequate knowledge of the options
business and of the Rules of the Exchange, and shall further agree in
the U4 filing to abide by the Constitution and Rules of the Exchange
and the Rules of the Options Clearing Corporation. Any person required
to complete Form U4 shall promptly electronically file any required
amendments to Form U4 [with the] through Web CRD.
    (c) Termination of employment or affiliation of any Options
Principal in such capacity shall be promptly electronically reported
[to the] through Web CRD together with a brief statement of the reason
for such termination on [Form U5] a Uniform Termination Notice for
Securities Industry Registration (``Form U5'').
    (d) and (e) no change.
Rule 602. Registration of Representatives
    (a) and (b) no change
    (c) In connection with their registration, Representatives shall
electronically file a [Uniform Application for Securities Industry
Registration or Transfer (Form U4) with the NASD's] Form U4 through Web
CRD [System] by appropriately checking the ISE as a requested
registration on the electronic U4 filing, and shall successfully
complete an examination for the purpose of demonstrating an adequate
knowledge of the securities business, and shall further agree in the U4
filing to abide by the Constitution and Rules of the Exchange and the
Rules of the Clearing Corporation. Any person required to complete Form
U4 shall promptly electronically file any required amendments to Form
U4 [with the NASD's] through Web CRD [System].
    (d) no change.
Rule 603. Termination of Registered Persons
    (a) The discharge or termination of employment of any registered
person, together with the reasons therefore, shall be electronically
reported [to the NASD's] through Web CRD [System], by a Member
immediately following the date of termination, but in no event later
than thirty (30) days following termination on Form U5 [a Uniform
Termination Notice for Securities Industry Registration (Form U-5)]. A
copy of said termination notice shall be provided concurrently to the
person whose association has been terminated.
    (b) The Member shall electronically report [to the NASD's] through
Web CRD [System], by means of an amendment to the Form [U-5] U5 filed
pursuant to paragraph (a) above, in the event that the Member learns of
facts or circumstances causing any information set forth in the notice
to become inaccurate or incomplete. Such amendment shall be provided
concurrently to the person whose association has been terminated no
later than thirty (30) days after the Member learns of the facts or
circumstances giving rise to the amendment.
    Rule 604. Continuing Education for Registered Persons
    (a) no change.
    (b) In-house Delivery of Regulatory Element: Members will be
permitted to administer the Regulatory Element of the Continuing
Education program to their registered persons by instituting a firm
program acceptable to the Exchange. The following procedures are
required:
    (1) Senior Officer or Partner in Charge. The Member has designated
a senior officer or partner to be responsible for the firm's delivery
of the Regulatory Element of the Continuing Education program.
    (2) Site Requirements. The location of all delivery sites will be
under the control of the Member. Delivery of Regulatory Element
continuing education will take place in an environment conducive to
training (i.e., a training facility, conference room or other area
dedicated to this type of purpose would be appropriate. Inappropriate
locations would include a personal office or any location that is not
or cannot be secured from traffic and interruptions). Where multiple
delivery terminals are placed in a room, adequate separation between
terminals will be maintained.
    (3) Technology Requirements. The communication links and firm
delivery computer hardware must comply with standards defined by the
Exchange or its designated vendor.
    (4) Supervision. The Member's written supervisory procedures must
contain the procedures implemented to comply with the requirements of
its delivery of Regulatory Element continuing education. The Member's
written supervisory procedures must identify the senior officer or
partner designated pursuant to paragraph (b)(1) above and contain a
list of individuals authorized by the Member to serve as a proctor.
Member locations for delivery of Regulatory Element continuing
education will be specifically listed in the Member's written
supervisory procedures.
    (5) Proctors. All sessions will be proctored by an authorized
person during the entire Regulatory Element continuing education
session. Proctors must be present in the session room or must be able
to view the person(s) sitting for Regulatory Element continuing
education through a window or by video monitor. The individual
responsible for proctoring at each administration will sign a
certification that required procedures have been followed, that no
material from Regulatory Element continuing education has been
reproduced, and that no candidate received any assistance to complete
the session. Such certification may be a part of the sign-in log
required under paragraph (b)(6) below. Individuals serving as proctors
must be individuals registered with the Exchange as ``proctors'' and
supervised by the designated senior officer/partner for purposes of
Member delivery of Regulatory Element continuing education. Proctors
will check and verify the identification of all individuals taking
Regulatory Element continuing education.
    (6) Administration. All appointments will be scheduled in advance
using the procedures and software specified by the Exchange, its agent
or designated vendor to communicate with the Proctor system and the
NASD's CRD System. The Member/proctor will conduct each session in
accordance with the administrative and appointment scheduling
procedures required by the Exchange or its designated vendor.
    A sign-in log will be maintained at the delivery facility. Logs
will contain the date of each session, the name and social security
number of the individual taking the session, that required
identification was checked, the sign-in time, the sign-out time, and
the name of the individual proctoring the session. Such logs are
required to be retained pursuant to Securities Exchange Act of 1934
Rules 17a-3 and 17a-4. No material will be permitted to be utilized for
the session nor may any session-

related material be removed. Delivery sites will be made available for
inspection by the SROs. Before commencing in-firm delivery of the
Regulatory Element continuing education, Members are required to file
with their Designated Examining Authority (``DEA''), a letter of
attestation (as specified below) signed by a senior officer or partner,
attesting to the establishment of required procedures addressing senior
officer or partner in-charge, supervision, site, technology, proctors,
and administrative requirements.
    Letter of Attestation for In-Firm Delivery of Regulatory Element
Continuing Education [Name of senior officer or partner] has
established procedures for delivering Regulatory Element continuing
education on its premises. I have determined that these procedures are
reasonably designed to comply with SRO requirements pertaining to in-
firm delivery of Regulatory Element continuing education, including
that such procedures have been implemented to comply with senior
officer or partner in-charge, supervision, site, technology, proctors,
and administrative requirements.
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Signature

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Printed name

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Title [Must be signed by a Principal Executive Officer (or Executive
Representative) of the firm]

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Date

    (7) Annual Representation. Each Member will be required to
represent to the Exchange, annually, that they have continued to
maintain, and reasonably believe that they have complied with, all
required procedures outlined in paragraphs (b)(1)-(b)(6) above for the
previous year. Such attestation must be signed by a senior officer or
partner.
    (8) Definition of Senior Officer/Partner. For purposes of paragraph
(b) of this rule, ``senior officer or partner'' means the chief
executive officer or managing partner or either (A) any other officer
or partner who is a member of the Member's executive or management
committee or its equivalent committee or group or (B) if the Member has
no such committee or group, any officer or partner having senior
executive or management responsibility who reports directly to the
chief executive officer or managing partner. If the chief executive
officer or managing partner does not sign the attestation, a copy of
the attestation shall be provided to the chief executive officer or
managing partner.
[(b)] (c) Firm Element
    (1) through (3) no change.
Supplementary Material to Rule 604
    .01 For purposes of this Rule, the term ``registered person'' means
any Member, Representative or other person registered or required to be
registered under the Rules[, but does not include any such person whose
activities are limited solely to the transaction of business on the
Exchange with Members or registered broker-dealers].
    .02 through .04 no change.
    * * * * *

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 self-regulatory organization
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 self-regulatory organization
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
    ISE is proposing to amend its rules regarding qualification,
registration and continuing education of individual associated
persons.\3\ Specifically, in response to a request by the Division of
Trading and Markets of the U.S. Securities and Exchange Commission and
in light of recent market events, the Exchange is proposing to expand
its registration and qualification requirements to include additional
types of individual associated persons. The Exchange believes the
proposed rule changes are consistent with Rule 15b7-1,\4\ promulgated
under the Securities Exchange Act of 1934, as amended (``Exchange
Act''),\5\ which provides: ``No registered broker or dealer shall
effect any transaction in* * *any security unless any natural person
associated with such broker or dealer who effects or is involved in
effecting such transaction is registered or approved in accordance with
the standards of training, experience, competence, and other
qualification standards* * *established by the rules of any national
securities exchange * * *''.
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    \3\ Under ISE Rule 100(a)(3), the term ``associated person'' or
``person associated with a Member'' means any partner, officer,
director or branch manager of Member (or any person occupying a
similar status or performing similar functions), any person directly
or indirectly controlling, controlled by, or under common control
with a Member or any employee of a Member. This filing refers
specifically to the classification of ``individual associated
persons'' as an organization could fall within the scope of this
definition, and it is not ISE's intention to require registration by
an organization.
    \4\ 17 CFR 240.15b7-1.
    \5\ 15 U.S.C. 78a et seq.
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    Proposed Rule 313 establishes the qualification and registration
requirements for associated persons of Members. This proposed rule also
establishes registration requirements for a Chief Compliance Officer
for each Member and for a Financial/Operations Principal for each
Member subject to the Exchange Act Rule 15c3-1.\6\ Proposed Rule 313
also references the registration requirements set forth in Chapter 6 of
the Exchange's Rulebook for associated persons of Members that conduct
a public customer business.\7\
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    \6\ 17 CFR 240.15c3-1.
    \7\ These proposed rule changes are consistent with those
recently adopted by the Chicago Board of Options Exchange.
Securities Exchange Act Release No. 62977 (Sept. 22, 2010), 75 FR
59773 (Sept. 28, 2010) (``CBOE Registration Proposal''); Securities
Exchange Act Release No. 63314 (November 12, 2010), 75 FR 70957
(November 19, 2010) (``CBOE Approval Order'').
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    Under the proposal, individual associated persons acting in the
capacity of a sole proprietor, officer, partner, director or Chief
Compliance Officer will be subject to heightened qualification
requirements. In addition, an individual associated person that is
engaged in the supervision or monitoring of proprietary trading,
market-making or brokerage activities and/or that is engaged in the
supervision or training of those engaged in proprietary trading,
market-making or brokerage activities with respect to those activities
will be subject to heightened qualification requirements. The Exchange
believes that the heightened qualification requirements should enhance
the supervisory structure for Members that do not conduct a public
customer business.\8\
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    \8\ Proposed Rule 313 specifies that individual associated
persons, including Registered Options Principals and Registered
Representatives, are also subject to the registration requirements
set forth in Chapter 6 of ISE's Rules, which is generally applicable
to Members that conduct a public customer business.
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    Specifically, the Exchange is proposing to require additional
associated persons to submit the appropriate application for
registration online through the Central Registration

Depository system (``Web CRD''), which is operated by the Financial
Industry Regulatory Authority, Incorporated (``FINRA''), successfully
complete any qualification examination(s) as prescribed by the Exchange
and submit any required registration and examination fees.\9\ Proposed
Rule 313 will require registration and qualification by individual
associated persons engaged or to be engaged in the securities business
of a Member.\10\ An individual associated person will be considered to
be a person engaged in the securities business of a Member if (i) the
individual associated person conducts proprietary trading, acts as a
market-maker, effects transactions on behalf of a broker-dealer
account, supervises or monitors proprietary trading, market-making or
brokerage activities on behalf of the broker-dealer, supervises or
conducts training for those engaged in proprietary trading, market-
making or brokerage activities on behalf of a broker-dealer account; or
(ii) the individual associated person engages in the management of any
individual associated person identified in (i) above as an officer,
partner or director.\11\
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    \9\ Under the proposal, each individual associated person
subject to the registration requirements in Rule 313 will be
required to electronically file a Uniform Application for Securities
Industry Registration (``Form U4'') through Web CRD.
    \10\ An individual with an indirect ownership interest in a
Member that is engaged in the securities business of such Member is
required to register under proposed Rule 313.
    \11\ This requirement is consistent with FINRA's registration
requirement for ``Principals'' (as defined in NASD Rule 1021). ISE
is declining to adopt the term ``Principal'' in the Exchange
proposed rule change to avoid confusion with existing terms, such as
``Option Principal.''
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    ISE will require all associated persons required to register under
proposed Rule 313 that are not already registered in Web CRD to
register (i.e., complete a Form U4) within 60 days of the approval date
of this filing by the U.S. Securities and Exchange Commission.\12\ With
respect to the examination requirement associated with the proposed
rule,\13\ ISE is working with other self-regulatory organizations
(``SROs'') to develop an additional examination for associated persons
who previously may not have been required to register under applicable
SRO rules (e.g., proprietary options traders) that may be used as an
alternative to the existing categories of registration.\14\ The
Exchange will notify its Members via regulatory circular what
qualification examination(s) will be acceptable for compliance with the
requirements proposed in Rule 313.
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    \12\ Web CRD has been enhanced by FINRA to allow for general
registration of applicable associated persons.
    \13\ The availability of the appropriate category on Web CRD for
any new qualification examinations recognized by the Exchange may be
subject to the timing for any required systems development on Web
CRD.
    \14\ ISE intends to develop with other SROs, within six months
of the approval date of this filing, an alternative qualification
examination(s) that is appropriate for the additional individual
associated persons required to register under the proposed rule.
Once the development of this examination(s) has been completed, the
implementation and effective date will be subject to approval by the
Commission and any necessary systems development schedules to
implement the examination. If an alternative examination(s) is not
completed within six months of the approval date of this filing, the
Exchange will establish a deadline for qualification based on the
existing categories of registration and qualification examinations
available on Web CRD, until such time as the development and
implementation of an alternative examination(s) has been completed.
The referenced categories of registration available on Web CRD
include, but may not be limited to, the General Securities
Representative (GS) and General Securities Principal (GP), as
applicable to the type of business activities conducted. The
accompanying qualification examination for the General Securities
Representative is the Series 7 and the accompanying qualification
examination for the General Securities Principal is the Series 24.
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    The Exchange is proposing to identify in Rule 313 several
categories of persons that are exempt from these additional
registration requirements. The categories of individual associated
persons that are exempt from the registration requirements include (i)
Individual associated persons functioning solely and exclusively in a
clerical or ministerial capacity; (ii) individual associated persons
that are not actively engaged in the securities business, (iii)
individual associated persons functioning solely and exclusively to
meet a need for nominal corporate officers or for capital
participation; and (iv) individual associated persons whose functions
are solely and exclusively related to transactions in commodities,
transactions in security futures and/or effecting transactions on the
floor of another national securities exchange and who are registered as
floor members with such exchange. The Exchange believes these
registration exemptions are appropriate because ISE would not consider
individuals that fall into the exemptions to be actively engaged in
securities business unless they are registered as floor members on
another national securities exchange, in which case, they are already
registered as floor members and not required to register at ISE. ISE
believes incorporating these exemptions into the rule provides
additional clarity to individual associated persons as to who will or
will not be required to register under the proposed rule. Any
applicable FINRA registration requirements would continue to apply to
Members that are also members of FINRA.
    Additionally, under the proposal, the Exchange may waive the
qualification examination requirement where good cause is shown.
Similar rules are in place at the New York Stock Exchange, Inc.
(``NYSE'') and FINRA.\15\ In determining whether a waiver shall be
granted, the Exchange shall consider, among other things, previous
industry employment, training and/or the successful completion of
similar qualification examinations of other self-regulatory
organizations. Under the proposed Rule, individual associated persons
whose activities are limited solely to the transaction of business on
the floor of another exchange will be subject to the continuing
education requirements set forth in Rule 604 or any other continuing
education requirements as prescribed by the Exchange.
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    \15\ See NASD Rule 1070 (Qualification Examinations and Waiver
of Requirements) and NYSE Rule 345 (Employees--Registration,
Approval, Records).
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    The Exchange also is proposing to require the designation of a
Financial/Operations Principal by each member that is subject to
Exchange Act Rule 15c3-1, and the designation of a Chief Compliance
Officer by each Member. Under the proposed rule, the Financial/
Operations Principal and Chief Compliance Officer are required to
register and pass the appropriate qualification examination.\16\ The
registration requirements for a Financial/Operations Principal are
consistent with CBOE Rule 3.6A,\17\ and the requirements for a Chief
Compliance Officer are consistent with proposed amendments to CBOE Rule
3.6A (which in turn are consistent with FINRA Rule 3130 and NASD Rule
1022).\18\ The proposal includes a limited exemption from the
requirement to pass the appropriate qualification examination by a
Chief Compliance Officer. Specifically, a person that has been

designated as a Chief Compliance Officer on Schedule A of Form BD for
at least two years immediately prior to January 1, 2002, and who has
not been subject within the last ten years to any statutory
disqualification as defined in Section 3(a)(39) of the Act; a
suspension; or the imposition of a $5,000 or more fine for a
violation(s) of any provision of any securities law or regulation, or
any agreement with, rule or standard of conduct of any securities
governmental agency, securities self-regulatory organization, or as
imposed by any such self-regulatory organization in connection with a
disciplinary proceeding, shall be required to register in the category
of registration appropriate to the function to be performed as
prescribed by the Exchange, but shall be exempt from the requirement to
pass the heightened qualification examination as prescribed by the
Exchange.
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    \16\ The appropriate qualification examination for a Financial/
Operations Principal is the Series 27 exam. The appropriate
qualification examination for a Chief Compliance Officer is the
Series 14 exam. ISE is working with FINRA to establish this category
of registration and make the accompanying qualification examination
available at ISE on Web CRD.
    \17\ The duties of a Financial/Operations Principal include
taking appropriate actions to assure that the Member complies with
applicable financial and operational requirements under SRO rules
and the Exchange Act. The Exchange notes that it is not the
Designated Examining Authority for any of its Members, but for
consistency with other SRO rules, the Exchange is proposing to
include the designation of a Financial/Operations Principal in its
Rules.
    \18\ CBOE Registration Proposal, supra note 7.
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    In addition, the Exchange is proposing to require registration and
successful completion of a heightened qualification examination by at
least two individuals that are each an officer, partner or director of
each Member.\19\ However, the Exchange notes that all individuals who
engage in supervisory functions of the Member's securities business
shall be required to register and pass the appropriate heightened
qualification examination(s) relevant to the particular category of
registration. Members that are sole proprietors are exempt from this
requirement. In addition, the Exchange may waive the requirement to
have two officers, partners and/or directors registered if a Member
conclusively demonstrates that only one officer, partner or director
should be required to register. For example, a Member could
conclusively demonstrate that only one individual is required to
register if such Member is owned by one individual (such as a single
member limited liability company), such individual acts as the only
trader on behalf of the Member, and the Member employs only one other
individual who functions only in a clerical capacity. The ability to
waive this registration requirement is consistent with similar FINRA
rules regarding principal registration.\20\
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    \19\ With the exception of its application to sole proprietors,
this requirement is consistent with the registration requirement set
forth in NASD Rule 1021 addressing registration of two Principals
(as defined in NASD Rule 1021).
    \20\ See NASD Rule 1021(e).
---------------------------------------------------------------------------

    ISE is also proposing to allow a Member that conducts proprietary
trading only and has 25 or fewer registered persons to have only one
officer or partner registered under this section rather than two. This
exception is similar to that of several other exchanges and reflects
that such Members do not necessitate the same level of supervisory
structure as those Members that have customers or are larger in size.
For purposes of this requirement, a Member is be [sic] considered to
conduct only proprietary trading if it has the following
characteristics: (i) The Member is not required by Section 15(b)(8) of
the Exchange Act to become a FINRA member but is a member of another
registered securities exchange not registered solely under Section 6(g)
of the Exchange Act; (ii) all funds used or proposed to be used by the
Member are the Member's own capital, traded through the Member's own
accounts; (iii) the Member does not, and will not, have customers; and
(iv) all persons registered on behalf of the Member acting or to be
acting in the capacity of a trader must be owners of, employees of, or
contractors to the Member. The description of what constitutes
proprietary trading for purposes of this requirement is appropriate in
that it provides additional clarity for associated persons to evaluate
whether two individuals are required to register.
    Proposed Rule 313 also sets forth the requirements for examinations
where there is a lapse in registration. Specifically, an individual
associated person shall be required to pass the appropriate
qualification examination for the category of registration if the
individual associated person's registration has been revoked by the
Exchange as a disciplinary sanction or whose most recent registration
has been terminated for a period of two or more years.
    Additionally, the Exchange proposes to update Rule 604 regarding
continuing education requirements so that it is consistent with other
SRO rules.\21\ Specifically, the Exchange proposes to add a provision
detailing the procedures required for in-house delivery of the
regulatory element. The required procedures address responsibly [sic]
for the education program, site requirements, technology requirements,
supervision requirements, and administration of the program. Members
are required to file with their Designated Examining Authority, a
letter of attestation signed by a senior officer or partner, attesting
to the establishment of the required procedures, and must annually
represent that they have continued to maintain all required procedures
for the previous year. While the Exchange does not have a floor, for
consistency with other SRO rules, the Exchange also proposes to delete
language that excludes those people whose activities are limited solely
to the transaction of business on a floor from the definition of
``registered person'' for purposes of the Rule 604.\22\
---------------------------------------------------------------------------

    \21\ E.g., CBOE Rule 9.3A.
    \22\ See CBOE Registration Proposal, supra note 7.
---------------------------------------------------------------------------

    Finally, this filing proposes to make non-substantive changes to
ISE Rule 601 (Registration of Options Principals), Rule 602
(Registration of Representatives) and Rule 603 (Termination of
Registered Persons) to define and reference certain terms consistently
within these rules and with proposed Rule 313. Specifically, these
rules currently contain inconsistent references to the Central
Registration Depository, and the registration and termination forms
required to be filed under the rules. Additionally, these rules contain
reference to the National Association of Securities Dealers or ``NASD''
which is now known as the Financial Industry Regulatory Authority or
``FINRA.''
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act,\23\ in general, and furthers the objectives of
Section 6(b)(5) of the Act,\24\ which requires, among other things,
that the Exchange's rules be designed to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and protect investors and the public interest. Specifically,
the enhanced registration and qualification requirements will provide
additional protection to investors and further promote the public
interest.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(b).
    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the Exchange believes that the proposed rule change is
consistent with Section 6(c) of the Act,\25\ in general, and furthers
the objectives of Section 6(c)(3)(B) of the Act,\26\ which provides,
among other things, that a national securities exchange may bar a
natural person from becoming associated with a member if such natural
person does not meet the standards of training, experience and
competence as prescribed by the rules of the national securities
exchange. The Exchange also believes that the proposed rule change
furthers the objectives of Section 6(c)(3)(C) of the Act,\27\ which
provides, among other things, that a national securities exchange may
bar any person from

becoming associated with a member if such person does not agree to
supply the exchange with such information with respect to its dealings
with the member as may be specified by the rules of the exchange and to
permit the examination of its books and records to verify the accuracy
of any information so supplied.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(c).
    \26\ 15 U.S.C. 78f(c)(3)(B).
    \27\ 15 U.S.C. 78f(c)(3)(C).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change 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 Number SR-ISE-2010-115 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-ISE-2010-115. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. 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 publicly available. All
submissions should refer to File Number SR-ISE-2010-115 and should be
submitted on or before January 11, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
---------------------------------------------------------------------------

    \28\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-31951 Filed 12-20-10; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY                NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY
                              2565 PLYMOUTH ROAD
                        ANN ARBOR, MICHIGAN 48105-2498

                                   OFFICE OF
                               AIR AND RADIATION

MEMORANDUM

SUBJECT:	Air Quality Modeling Materials used in estimating CAPs and air toxics for the final light-duty vehicle 2017-2025 greenhouse gas rule

FROM:	Margaret Zawacki
		Assessment and Standards Division
		Office of Transportation and Air Quality

TO:		Docket EPA-HQ-OAR-2010-0799-DRAFT-XXXX

DATE:		August 6, 2012

The purpose of this memorandum is to transmit data files which were used in the air quality modeling analyses for the final light-duty vehicle 2017-2025 greenhouse gas rule.  The air quality modeling analyses are discussed in Section III.G of the preamble, Chapter 6 of the Regulatory Impact Analysis (RIA) and in the Air Quality Modeling Technical Support Document.  Information on the air quality modeling inventories is discussed in Chapter 4 of the RIA.

Following is a list of the information contained on the enclosed disc:

- deposition DBF files folder: gridded annual nitrogen and sulfur deposition difference data for 2030 baseline and LDGHG 2017-2025 control scenario

- toxics DBF files folder:  gridded annual and seasonal (winter/summer) toxics difference data for 2030 baseline and LDGHG 2017-2025 control scenario

- Ozone_DVs_LDGHG_2017-2025.xlsx:  county-level 8-hour max ozone Design Value projections for 2030 baseline and LDGHG 2017-2025 control scenario

- AnnualPM2.5_DVs_LDGHG_2017-2025.xlsx:  county-level annual PM2.5 Design Value projections for 2030 baseline and LDGHG 2017-2025 control scenario

- DailyPM2.5_DVs_LDGHG_2017_2025.xlsx:  county-level 24-hour PM2.5 Design Value projections for 2030 baseline and LDGHG 2017-2025 control scenario

- Visibility_LDGHG_2017-2025.xlsx:  Class 1 Area visibility projections for the 20% worst days for 2005 baseline, 2030 baseline and LDGHG 2017-2025 control scenario

- CMAQv4.7.1_Release Notes.doc: RELEASE_NOTES for CMAQv4.7.1 from ORD, Shawn Roselle

- met.2005.12EUS1.pdf:  Baker K. and P. Dolwick.  Meteorological Modeling Performance Evaluation for the Annual 2005 Eastern U.S. 12-km Domain Simulation, USEPA/OAQPS, February 2, 2009.

- met.2005.12WUS1.pdf:  Baker K. and P. Dolwick.  Meteorological Modeling Performance Evaluation for the Annual 2005 Western U.S. 12-km Domain Simulation, USEPA/OAQPS, February 2, 2009.

- met.2005.36US1.pdf:  Baker K. and P. Dolwick.  Meteorological Modeling Performance Evaluation for the Annual 2005 Continental U.S. 36-km Domain Simulation, USEPA/OAQPS, February 2, 2009.

Attachments


[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Notices]
[Pages 25127-25128]
[FR Doc No: 2014-10091]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-129-000]

Kern River Transmission and Mojave Pipeline Company, LLC; Notice
of Intent to Prepare an Environmental Assessment for the Proposed Line
No. 1901 Replacement Project and Request for Comments on Environmental
Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Line No. 1901 Replacement
Project involving construction and operation of facilities by Kern
River Transmission and Mojave Pipeline Company LLC (together,
``Mojave'') in Kern County, California. The Commission will use this EA
in its decision-making process to determine whether the project is in
the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on May 28, 2014.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    Mojave provided landowners with a fact sheet prepared by the FERC
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need To Know?'' This fact sheet addresses a number of typically-asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    Mojave seeks authorization to replace two natural gas pipeline
segments of the 30-inch-diameter Mojave Main Line (Line No. 1901)
located in Kern County, California, to comply with a U.S. Department of
Transportation class location change. Due to an increase in population
in the vicinity of the City of Taft in Kern County, two pipeline
segments comprising approximately 1,825 linear feet need to be replaced
to meet regulations.

Land Requirements for Construction

    The pipeline replacement and related activities would disturb about
11.7 acres of land. Following construction, Mojave would maintain about
5.2 acres for permanent operation of the project's facilities; the
remaining acreage would be restored and revert to former uses. The
entire proposed pipeline route parallels existing pipeline, utility, or
road rights-of-way.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires
us\1\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Geology and soils;
     land use;
     cultural resources;
     vegetation, wildlife, and endangered and threatened
species;
     air quality and noise; and
     public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section [beginning on page 4].
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA\2\. Agencies that would like to request cooperating agency status
should follow the instructions for filing comments

provided under the Public Participation section of this notice.
---------------------------------------------------------------------------

    \2\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\3\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
---------------------------------------------------------------------------

    \3\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    We have already identified an issue, effects to sensitive wildlife,
which we think deserve attention based on a preliminary review of the
proposed facilities and the environmental information provided by
Mojave; and correspondence provided by the U.S. Fish and Wildlife
Service. Our review of this issue may be revised based on your comments
and our ongoing agency consultation.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before May
28, 2014.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP14-129-000) with your
submission. The Commission encourages electronic filing of comments and
has expert staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP14-
129). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/docs-filing/esubscription.asp.
    Finally, any public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: April 28, 2014.
 Kimberly D. Bose,
Secretary.
[FR Doc. 2014-10091 Filed 5-1-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 25066-25068]
[FR Doc No: 2018-11595]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: U.S. Securities and
Exchange Commission, Office of FOIA Services, 100 F Street NE,
Washington, DC 20549-2736.

Extension:
    OWMI Contract Standard for Contractor Workforce Inclusion; SEC
File No.270-666, OMB Control No. 3235-0725

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities

and Exchange Commission (``Commission'') has submitted to the Office of
Management and Budget (``OMB'') a request for extension of the
previously approved collection of information discussed below.
    Section 342 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (the Dodd-Frank Act) provided that certain
agencies, including the Commission, establish an Office of Minority and
Women Inclusion (OMWI).\1\ Section 342(c)(2) of the Dodd-Frank Act
requires the OMWI Director to include in the Commission's procedures
for evaluating contract proposals and hiring service providers a
written statement that the 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.
---------------------------------------------------------------------------

    In addition, section 342(c)(3)(A) of the Dodd-Frank Act 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. To implement the acquisition-specific requirements
of Section 342(c) of the Dodd-Frank Act, the Commission adopted a
Contract Standard for Contractor Workforce Inclusion (Contract
Standard).
    The Contract Standard, which is included in the Commission's
solicitations and resulting contracts for services with a dollar value
of $100,000 or more, contains a ``collection of information'' within
the meaning of the Paperwork Reduction Act. The Contract Standard
requires that a Commission contractor provide documentation, upon
request from the OMWI Director, to demonstrate that it has made good
faith efforts to ensure the fair inclusion of minorities in its
workforce and, as applicable, to demonstrate its covered subcontractors
have made such good faith efforts. 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 obligations under the Contract Standard.
    The information collection is mandatory.
    Estimated number of respondents: The Commission estimates that 190
contractors would be subject to the Contract Standard.\2\ Approximately
115 of these contractors have 50 or more employees, while 75 have fewer
than 50 employees. Since the last approval of this information
collection, we adjusted the estimated number of contractors from 170
contractors to 190 contractors based on the number of contractors
awarded contracts during the last two years that were subject to the
Contract Standard. In addition, we adjusted the number of contractors
that have 50 or more employees and the number that have fewer than 50
employees to reflect the percentages of contractors meeting these
workforce size thresholds among all contractors reviewed by OMWI for
compliance with the Contract Standard during the last two years.
---------------------------------------------------------------------------

    \2\ Unless otherwise specified, the term ``contractors'' refers
to contractors and subcontractors.
---------------------------------------------------------------------------

    Estimate of recordkeeping burden: The information collection under
the Contract Standard imposes no new recordkeeping burden on the
estimated 115 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 \3\ and Executive Order 11246 (``E.O. 11246'').\4\ 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.\5\ 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,\6\ 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.\7\ In lieu of developing a separate plan for workforce
inclusion, a contractor may 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 115 contractors are already required to maintain the
information that may be requested under the Contract Standard.
---------------------------------------------------------------------------

    \3\ 42 U.S.C. 2000e, et seq.
    \4\ Executive Order 11246, 30 FR 12,319 (Sept. 24, 1965).
    \5\ See 41 CFR 60-1.7.
    \6\ See 41 CFR 60-2.17(c).
    \7\ See 41 CFR part 60-2.
---------------------------------------------------------------------------

    The estimated 75 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 women and minorities in their workforces.
Accordingly, contractors with fewer than 50 employees may have to
develop a plan to ensure workforce inclusion of minorities and women.
    In order to estimate the burden on contractors associated with
developing a plan for ensuring the inclusion of minorities and women in
their workforces, we considered the burden estimates for developing the
written programs required under the regulations implementing E.O.
11246.\8\ We also

revised the estimated time required to develop and update a plan for
workforce inclusion of minorities and women since the last approval of
this information collection. Based on OMWI's review of the plans and
other documentation submitted by contractors with fewer than 50
employees to demonstrate compliance with the Contract Standard, we
believe such contractors would require approximately 25 percent 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 18 hours of employee
resources to develop a plan for workforce inclusion of minorities and
women. This one-time implementation burden annualized would be 450
hours. After the initial development, we estimate that each contractor
with fewer than 50 employees would spend approximately 8 hours each
year updating and maintaining its plan for workforce inclusion of
minorities and women. The Commission estimates that the annualized
recurring burden associated with the information collection would be
375 hours. Thus, the Commission estimates the annual recordkeeping
burden for such contractors would total 825 hours.
---------------------------------------------------------------------------

    \8\ According to the Supporting Statement for the OFCCP
Recordkeeping and Requirements--Supply Service, OMB Control No.
1250-0003 (``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 the plan for workforce inclusion of minorities and
women under the Contract Standard, we believe the plan for workforce
inclusion will take substantially fewer hours to develop. The
Supporting Statement is available at reginfo.gov.
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    The Contract Standard requires 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 plans for
workforce inclusion of minorities and women because the Contract
Standard is included in their subcontracts. Based on data describing
recent Commission subcontractor activity, we believe that few
subcontractors will have subcontracts for services with a dollar value
of $100,000 or more under Commission service contracts.\9\ 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.
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    \9\ A search of subcontract awards on the usaspending.gov
website showed that three subcontractors in FY 2016 and six
subcontractors in FY 2017 had subcontracts of $100,000 or more. See
data on subcontract awards available at http://usaspending.gov.
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    Estimate of 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.
    On March 19, 2018, the Commission published a notice in the Federal
Register (83 FR 12042) of its intention to request an extension of this
currently approved collection of information, and allowed the public 60
days to submit comments. The Commission received no comments.
    Written comments continue to be invited on: (a) Whether this
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) 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.
    The public may view the background documentation for this
information collection at the following website, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
[email protected]; and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE, Washington, DC 20549 or send an email
to: [email protected]. Comments must be submitted to OMB within 30
days of this notice.

    Dated: May 24, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-11595 Filed 5-30-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: April 24, 2007 (Volume 72, Number 78)]
[Notices]
[Page 20335-20336]
[DOCID:fr24ap07-41]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0741; FRL-8304-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Emission Control System
Performance Warranty Regulations and Voluntary Aftermarket Part
Certification Program (Renewal); EPA ICR No. 0116.08, OMB Control No.
2060-0060

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before May 24, 2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2006-0741, to (1) EPA online using http://www.regulations.gov (our

preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Air and Radiation Docket, Mailcode 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Lynn Sohacki, Compliance and
Innovative Strategies Division, Office of Transportation and Air
Quality, Environmental Protection Agency, 2000 Traverwood, Ann Arbor,
Michigan 48105; telephone number:<PHONE_NUMBER>; fax number: 734-214-
4869; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On September 14, 2006 (71 FR 54280), EPA sought comments on
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during
the comment period. Any additional comments on this ICR should be
submitted to EPA and OMB within 30 days of this notice.

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2006-0741 which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air Docket in

the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA

receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose public disclosure
is restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.

    Title: Emission Control System Performance Warranty Regulations and
Voluntary Aftermarket Part Certification Program (Renewal).
    ICR numbers: EPA ICR No. 0116.08, OMB Control No. 2060-0060.
    ICR Status: This ICR is scheduled to expire on May 31, 2007. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. 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. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: Under Section 206(a) of the Clean Air Act (42 U.S.C.
7521), on-highway engine and vehicle manufacturers may not legally
introduce their products into U.S. commerce unless EPA has certified
that their production complies with applicable emission standards. Per
section 207(a), original vehicle manufacturers must warrant that
vehicles are free from defects in materials and workmanship that would
cause the vehicle not to comply with emission regulations during its
useful life. Section 207(a) directs EPA to provide certification to
those manufacturers or builders of automotive aftermarket parts that
demonstrate that the installation and use of their products will not
cause failure of the engine or vehicle to comply with emission
standards. An aftermarket part is any part offered for sale for
installation in or on a motor vehicle after such vehicle has left the
vehicle manufacturer's production line (40 CFR 85.2113(b)).
Participation in the aftermarket certification program is voluntary.
Aftermarket part manufacturers or builders (manufacturers) electing to
participate conduct emission and durability testing as described in 40
CFR part 85, subpart V, and submit data about their products and
testing procedures.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 547
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Importers (including Independent
Commercial Importers) of light duty vehicles or engines, light duty
trucks or engines, and highway motorcycles or engines.
    Estimated Number of Respondents: 1.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 547.
    Estimated Total Annual Cost: $43,830, including $1,535 annualized
capital or O&M costs.
    Changes in the Estimates: There is an increase of 289 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This increase is due to use of revised estimates
of labor associated with conducting required tests.

    Dated: April 12, 2007.
Robert Gunter,
Acting Director, Collection Strategies Division.
[FR Doc. E7-7776 Filed 4-23-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 10 (Thursday, January 15, 2015)]
[Notices]
[Pages 2099-2100]
[FR Doc No: 2015-00545]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2006-0037; FRL-9921-68-OEI]

Proposed Information Collection Request; Comment Request;
Exchange Network Grants Progress Reports (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), ``Exchange Network Grants
Progress Reports (Renewal)'' (EPA ICR No. 2207.06, OMB Control No.
2025-0006) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.). Before doing so, EPA is soliciting public comments on
specific aspects of the proposed information collection as described
below. This is a proposed extension of the ICR, which is currently
approved through April 30, 2015. 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 March 16, 2015.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OEI-
2006-0037 referencing the Docket ID numbers provided for each item in
the text, online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>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: Michael Kaufman, Information Exchange
and Services Division, Office of Information Collection, (2823T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
566-1684; email address<EMAIL_ADDRESS>
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 notice announces the collection of information
related to the U.S. EPA National Environmental Information Exchange
Network (NEIEN) Grant Program. EPA proposes to collect information from
the NEIEN grantees on assistance agreements EPA has awarded.
Specifically, for each project, EPA proposes to have grantees submit
semi-annual reports on the progress and current status of each goal and
output, completion dates for outputs, and any problems encountered.
This information will help EPA ensure projects are on schedule to meet
their goals and produce high quality environmental outputs. The Quality
Assurance Reporting Form provides a simple means for grant recipients
to describe how quality will be addressed throughout their projects.
Additionally, the Quality Assurance Reporting Form is derived from
guidelines provided in the NEIEN 2011 Grant Solicitation Notice.
    Form numbers: EPA Form 5300-26 (Semi-Annual Progress Report Form)
and EPA Form 5300-27 (Quality Assurance Reporting Form).
    Respondents/affected entities: State, tribal, and territorial
environmental government offices.
    Respondent's obligation to respond: Mandatory (40 CFR part 31).
    Estimated number of respondents: 200 (total).
    Frequency of response: Twice per year for the Semi-Annual Progress
Report Form; one time per grant for the Quality Assurance Reporting
Form.
    Total estimated burden: 340 hours (per year). Burden is defined at
5 CFR 1320.03(b)
    Total estimated cost: $17,979 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in estimates: There is a decrease of 5 hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB. This decrease is due to a decrease in the number of grants that
are awarded annually.

    Dated: January 8, 2015.
Charles Freeman,
Associate Director, Information Exchange and Services Division.
[FR Doc. 2015-00545 Filed 1-14-15; 8:45 am]
BILLING CODE 6560-50-P