Notice of Proposed Information Collection, 28319-28320 [E9-14012]
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Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Notices
Employment Disputes Involving Only
Members
FINRA proposed to amend Rule
13402(a) to clarify that, in disputes
involving only members, the parties will
receive an all non-public panel. FINRA
noted that the proposed amendment to
Rule 13402(a) is consistent with the
current rule and its intent, which is that
disputes involving only members
should receive an all non-public panel.
pwalker on PROD1PC71 with NOTICES
Amendments to Pleadings That Add an
Associated Person
FINRA proposed to add a provision to
Rule 13402(a) to address amended
pleadings that add an associated person
as a party. Under the proposed rule
change, if a member in a dispute
involving only members amends a
pleading to add a party who is an
associated person, the parties will
receive a majority public panel. If lists
of potential arbitrators have not been
sent to parties, the Neutral List
Selection System (NLSS) would
generate three lists as outlined in Rule
13403(b)(2) of the Industry Code.
Specifically, FINRA would send a
public chairperson list, a public
arbitrator list, and a non-public
arbitrator list. If the panel consists of
one arbitrator,10 NLSS would generate a
public chairperson list, and FINRA
would send this list only to the
parties.11
If the lists have been sent to parties
but are not yet due, FINRA would send
two new lists to the parties: A public
chairperson list and a public arbitrator
list as outlined in Rule 13403(b)(2).12
The parties would keep the non-public
chairperson list provided to them as
described in Rule 13403(a), and would
select the non-public arbitrator from this
list. The arbitrator selected from the
public chairperson list would be the
chairperson of the panel. If the panel
consists of one arbitrator, FINRA would
send only a new public chairperson list
to the parties.13
If the ranked lists are due, then the
parties may not amend a pleading to
10 In a dispute between members, if the panel
consists of one arbitrator, the arbitrator will be
selected from FINRA’s non-public chairperson
arbitrator roster. See Rule 13402(a).
11 See Rule 13403(b)(1). FINRA has raised the
amount in controversy that will be heard by a single
chair-qualified arbitrator to $100,000. The rule
became effective on March 30, 2009. See Exchange
Act Release No. 59340 (February 2, 2009), 74 FR
6335 (February 6, 2009) (File No. SR–FINRA–2008–
047); see also Regulatory Notice 09–13.
12 Pursuant to Rule 13407(a), FINRA will send the
list of non-public arbitrators to the new party, with
employment history for the past 10 years and other
background information for each arbitrator listed.
The newly added party may rank and strike
arbitrators in accordance with Rule 13404.
13 See note 8 supra.
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16:47 Jun 12, 2009
Jkt 217001
add a new party until a panel has been
selected and the panel grants a motion
to add the party.14 If the panel grants the
motion to add an associated person,
FINRA will retain the non-public
chairperson from the panel, and remove
the remaining non-public arbitrators.15
The parties would select two public
arbitrators from new lists that FINRA
would send to them in the same manner
as if the ranked lists are not yet due. The
arbitrator selected from the public
chairperson list would be the
chairperson of the panel. If the panel
consists of one arbitrator and the
arbitrator grants a motion to add an
associated person, the arbitrator would
be replaced with a public chairqualified arbitrator that the parties
select from a new public chairperson
list that NLSS would generate.16
II. Discussion
After careful review, the Commission
finds that the proposed rule change is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a national
securities association.17 In particular,
the Commission finds that the proposed
rule change is consistent with Section
15A(b)(6) of the Act,18 in that it is
designed, among other things, 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 Commission believes that the
proposed rule change will protect the
public interest by simplifying the
criteria for panel composition in
industry disputes, establishing an
objective standard for determining panel
composition, and ensuring that panel
composition is determined by the types
of parties involved, and not by the types
of claims filed.
III. Conclusion
For the foregoing reasons, the
Commission finds that the proposed
rule change is consistent with the Act
and the rules and regulations
thereunder applicable to a national
securities association.
14 See
Rule 13309(c) of the Industry Code.
to Rule 13407(b), the newly added
party may not strike the non-public arbitrator but
may challenge the arbitrator for cause in accordance
with Rule 13410.
16 See note 8 supra.
17 In approving the proposed rule change, the
Commission has considered the rule change’s
impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
18 15 U.S.C. 78o–3(b)(6).
15 Pursuant
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28319
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,19 that the
proposed rule change (SR–FINRA–
2009–011), as modified by Amendment
No. 1, be and hereby is approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority. 20
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–13967 Filed 6–12–09; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF STATE
[Public Notice 6662]
Notice of Proposed Information
Collection
30–Day Notice of Proposed
Information Collection: Form DS–7002,
Training/Internship Placement Plan,
OMB Control Number 1405–0170.
ACTION: Notice of request for public
comment and submission to OMB of
proposed collection of information.
SUMMARY: The Department of State has
submitted the following information
collection request to the Office of
Management and Budget (OMB) for
approval in accordance with the
Paperwork Reduction Act of 1995.
* Title of Information Collection:
Training/Internship Placement Plan.
* OMB Control Number: 1405–0170.
* Type of Request: Revision of a
Currently Approved Collection.
* Originating Office: Bureau of
Educational and Cultural Affairs,
ECA/EC.
* Form Number: Form DS–7002.
* Respondents: Entities designated by
the Department of State as sponsors of
exchange visitor programs in the trainee
or intern categories and U.S. businesses
that provide the training or internship
opportunity.
* Estimated Number of Respondents:
160.
* Estimated Number of Responses:
30,000.
* Average Hours per Response: 2
hours.
* Total Estimated Burden: 60,000.
* Frequency: On occasion.
* Obligation To Respond: Required to
obtain a benefit.
DATES: Submit comments to the Office
of Management and Budget (OMB) for
up to 30 days from June 15, 2009.
ADDRESSES: Direct comments and
questions to Katherine Astrich, the
Department of State Desk Officer in the
19 15
20 17
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U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
15JNN1
28320
Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Notices
pwalker on PROD1PC71 with NOTICES
Office of Information and Regulatory
Affairs at the Office of Management and
Budget (OMB), who may be reached at
202–395–4718. You may submit
comments by any of the following
methods:
* E-mail: kastrich@omb.eop.gov. You
must include the DS form number,
information collection title, and OMB
control number in the subject line of
your message.
* Mail (paper, disk, or CD–ROM
submissions): Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street, NW., Washington, DC 20503.
* Fax: 202–395–5806.
FOR FURTHER INFORMATION CONTACT: You
may obtain copies of the proposed
information collection and supporting
documents from Stanley S. Colvin,
Deputy Assistant Secretary for Private
Sector Exchange, U.S. Department of
State, SA–44, 301 4th Street, SW., Room
734, Washington, DC 20547; or e-mail at
jexchanges@state.gov.
SUPPLEMENTARY INFORMATION:
We are soliciting public comments to
permit the Department to:
* Evaluate whether the proposed
information collection is necessary to
properly perform our functions.
* Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
* Enhance the quality, utility, and
clarity of the information to be
collected.
* Minimize the reporting burden on
those who are to respond,
Abstract of Proposed Collection
The collection is the continuation of
information collected and needed by the
Bureau of Educational and Cultural
Affairs in administering the Exchange
Visitor Program (J–Visa) under the
provisions of the Mutual Educational
and Cultural Exchange Act, as amended.
Trainee/Internship Placement Plans are
to be completed by designated program
sponsors. A Training/Internship
Placement Plan is required for each
trainee or intern participant. It will set
forth the training or internship program
to be followed and includes the skills
the trainee or intern will obtain,
whether the trainee or intern will
receive any remuneration for housing
and living expenses (and if so, the
amount), and estimates the living
expenses and other costs the trainees or
interns are likely to incur while in the
United States. The Plan must be signed
by the trainee or intern, a sponsor
official, and the third party placement
organization, if a third party
organization is used in the conduct of
the training or internship.
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17:42 Jun 12, 2009
Jkt 217001
Methodology
The collection will be submitted to
the Department by mail or fax as
requested by DoS during the review of
a program sponsor’s file, redesignation
of a sponsor organization, during the
investigation of a complaint or incident,
etc.
Dated: June 8, 2009.
Stanley S. Colvin,
Deputy Assistant Secretary for Private Sector
Exchange, Bureau of Educational and
Cultural Affairs, Department of State.
[FR Doc. E9–14012 Filed 6–12–09; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–33 (Sub-No. 275)]
Union Pacific Railroad Company—
Abandonment—in Rusk County, TX
On May 26, 2009, Union Pacific
Railroad Company (UP) filed with the
Board an application for permission to
abandon its Henderson Industrial Lead,
extending from milepost 0.59, near
Overton, to milepost 16.28, near
Henderson, a distance of 15.69 miles, in
Rusk County, TX (the Henderson
Industrial Lead or the line). The line
includes no stations and traverses
United States Postal Service ZIP Code
75652.
The line does not contain federally
granted rights-of-way. Any
documentation in UP’s possession will
be made available promptly to those
requesting it. The applicant’s entire case
for abandonment (case-in-chief) was
filed with the application.
This line of railroad has appeared on
UP’s system diagram map or been
included in the narrrative in category 1
since August 28, 2008.
The interest of railroad employees
will be protected by the conditions set
forth in Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979).
Any interested person may file with
the Board written comments concerning
the proposed abandonment, or protests
(including the protestant’s entire case in
opposition), by July 10, 2009. All
interested persons should be aware that
following any abandonment of rail
service and salvage of the line, the line
may be suitable for other public use,
including interim trail use. Any request
for a public use condition under 49
U.S.C. 10905 (49 CFR 1152.28) and any
request for a trail use condition under
16 U.S.C. 1247(d) (49 CFR 1152.29)
must be filed by July 10, 2009. Each trail
use request must be accompanied by a
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Fmt 4703
Sfmt 4703
$250 filing fee. See 49 CFR
1002.2(f)(27). Applicant’s reply to any
opposition statements and its response
to trail use requests must be filed by
July 27, 2009. See 49 CFR 1152.26(a).
Persons opposing the abandonment
who wish to participate actively and
fully in the process should file a protest.
Persons who oppose the abandonment
but who do not wish to participate fully
in the process by submitting verified
statements of witnesses containing
detailed evidence should file comments.
Persons seeking information concerning
the filing of protests should refer to 49
CFR 1152.25. Persons interested only in
seeking public use or trail use
conditions should also file comments.
In addition, a commenting party or
protestant may provide: (i) An offer of
financial assistance (OFA) for continued
rail service under 49 U.S.C. 10904 (due
120 days after the application is filed or
10 days after the application is granted
by the Board, whichever occurs sooner);
(ii) recommended provisions for
protection of the interests of employees;
(iii) a request for a public use condition
under 49 U.S.C. 10905; and (iv) a
statement pertaining to prospective use
of the right-of-way for interim trail use
and rail banking under 16 U.S.C.
1247(d) and 49 CFR 1152.29.
All filings in response to this notice
must refer to STB Docket No. AB–33
(Sub-No. 275) and must be sent to: (1)
Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001; and (2) Mack H. Shumate, Jr.,
Senior General Attorney, 101 North
Wacker Drive, Room 1920, Chicago, IL
60606. The original and 10 copies of all
comments or protests shall be filed with
the Board with a certificate of service.
Except as otherwise set forth in part
1152, every document filed with the
Board must be served on all parties to
the abandonment proceeding. 49 CFR
1104.12(a).
The line sought to be abandoned will
be available for subsidy or sale for
continued rail use, if the Board decides
to permit the abandonment, in
accordance with applicable laws and
regulations (49 U.S.C. 10904 and 49 CFR
1152.27). Each OFA must be
accompanied by a $1,500 filing fee.1 See
49 CFR 1002.2(f)(25). No subsidy
arrangement approved under 49 U.S.C.
10904 shall remain in effect for more
1 On June 4, 2009, the Board increased the fee for
offers of financial assistance and trail use requests.
See Regulations Governing Fees for Services
Performed in Connection with Licensing and
Related Services—2009 Update, STB Ex Parte No.
542 (Sub-No. 16) (STB served May 5, 2009).
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Agencies
[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Notices]
[Pages 28319-28320]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14012]
=======================================================================
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DEPARTMENT OF STATE
[Public Notice 6662]
Notice of Proposed Information Collection
30-Day Notice of Proposed Information Collection: Form DS-7002,
Training/Internship Placement Plan, OMB Control Number 1405-0170.
ACTION: Notice of request for public comment and submission to OMB of
proposed collection of information.
-----------------------------------------------------------------------
SUMMARY: The Department of State has submitted the following
information collection request to the Office of Management and Budget
(OMB) for approval in accordance with the Paperwork Reduction Act of
1995.
* Title of Information Collection: Training/Internship Placement
Plan.
* OMB Control Number: 1405-0170.
* Type of Request: Revision of a Currently Approved Collection.
* Originating Office: Bureau of Educational and Cultural Affairs,
ECA/EC.
* Form Number: Form DS-7002.
* Respondents: Entities designated by the Department of State as
sponsors of exchange visitor programs in the trainee or intern
categories and U.S. businesses that provide the training or internship
opportunity.
* Estimated Number of Respondents: 160.
* Estimated Number of Responses: 30,000.
* Average Hours per Response: 2 hours.
* Total Estimated Burden: 60,000.
* Frequency: On occasion.
* Obligation To Respond: Required to obtain a benefit.
DATES: Submit comments to the Office of Management and Budget (OMB) for
up to 30 days from June 15, 2009.
ADDRESSES: Direct comments and questions to Katherine Astrich, the
Department of State Desk Officer in the
[[Page 28320]]
Office of Information and Regulatory Affairs at the Office of
Management and Budget (OMB), who may be reached at 202-395-4718. You
may submit comments by any of the following methods:
* E-mail: kastrich@omb.eop.gov. You must include the DS form
number, information collection title, and OMB control number in the
subject line of your message.
* Mail (paper, disk, or CD-ROM submissions): Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street, NW., Washington, DC 20503.
* Fax: 202-395-5806.
FOR FURTHER INFORMATION CONTACT: You may obtain copies of the proposed
information collection and supporting documents from Stanley S. Colvin,
Deputy Assistant Secretary for Private Sector Exchange, U.S. Department
of State, SA-44, 301 4th Street, SW., Room 734, Washington, DC 20547;
or e-mail at jexchanges@state.gov.
SUPPLEMENTARY INFORMATION:
We are soliciting public comments to permit the Department to:
* Evaluate whether the proposed information collection is necessary
to properly perform our functions.
* Evaluate the accuracy of our estimate of the burden of the
proposed collection, including the validity of the methodology and
assumptions used.
* Enhance the quality, utility, and clarity of the information to
be collected.
* Minimize the reporting burden on those who are to respond,
Abstract of Proposed Collection
The collection is the continuation of information collected and
needed by the Bureau of Educational and Cultural Affairs in
administering the Exchange Visitor Program (J-Visa) under the
provisions of the Mutual Educational and Cultural Exchange Act, as
amended. Trainee/Internship Placement Plans are to be completed by
designated program sponsors. A Training/Internship Placement Plan is
required for each trainee or intern participant. It will set forth the
training or internship program to be followed and includes the skills
the trainee or intern will obtain, whether the trainee or intern will
receive any remuneration for housing and living expenses (and if so,
the amount), and estimates the living expenses and other costs the
trainees or interns are likely to incur while in the United States. The
Plan must be signed by the trainee or intern, a sponsor official, and
the third party placement organization, if a third party organization
is used in the conduct of the training or internship.
Methodology
The collection will be submitted to the Department by mail or fax
as requested by DoS during the review of a program sponsor's file,
redesignation of a sponsor organization, during the investigation of a
complaint or incident, etc.
Dated: June 8, 2009.
Stanley S. Colvin,
Deputy Assistant Secretary for Private Sector Exchange, Bureau of
Educational and Cultural Affairs, Department of State.
[FR Doc. E9-14012 Filed 6-12-09; 8:45 am]
BILLING CODE 4710-05-P