83 FR 20906 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to FINRA Rule 3310 to Conform FINRA Rule 3310 to FinCEN's Final Rule on Customer Due Diligence Requirements for Financial Institutions
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 89 (May 8, 2018)
Federal Register Volume 83, Issue 89 (May 8, 2018)
| Page Range | 20906-20909 | |
| FR Document | 2018-09694 |
[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)] [Notices] [Pages 20906-20909] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09694] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-83154; File No. SR-FINRA-2018-016] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to FINRA Rule 3310 to Conform FINRA Rule 3310 to FinCEN's Final Rule on Customer Due Diligence Requirements for Financial Institutions May 2, 2018. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on April 20, 2018, Financial Industry Regulatory Authority, Inc. (``FINRA'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by FINRA. FINRA has designated the proposed rule change as constituting a ``non- controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which renders the proposal effective upon receipt of this filing by the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change FINRA is proposing to amend FINRA Rule 3310 (Anti-Money Laundering Compliance Program) to reflect the Financial Crimes Enforcement Network's (``FinCEN'') adoption of a final rule on Customer Due Diligence Requirements for Financial Institutions (``CDD Rule''). Specifically, the proposed amendments would conform FINRA Rule 3310 to the CDD Rule's amendments to the minimum regulatory requirements for member firms' anti-money laundering (``AML'') compliance programs by requiring such programs to include risk-based procedures for conducting ongoing customer due diligence. This ongoing customer due diligence element for AML programs includes: (1) Understanding the nature and purpose of customer relationships for the purpose of developing a customer risk profile; and (2) conducting ongoing monitoring to identify and report suspicious transactions and, on a risk basis, to maintain and update customer information. The text of the proposed rule change is available on FINRA's website at http://www.finra.org, at the principal office of FINRA and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, FINRA 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. FINRA 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 a. Background The Bank Secrecy Act \4\ (``BSA''), among other things, requires financial institutions,\5\ including broker-dealers, to develop and implement AML programs that, at a minimum, meet the statutorily enumerated ``four pillars.'' \6\ These four pillars currently require broker-dealers to have written AML programs that include, at a minimum: --------------------------------------------------------------------------- \4\ 31 U.S.C. 5311, et seq. \5\ See 31 U.S.C. 5312(a)(2) (defining ``financial institution''). \6\ 31 U.S.C. 5318(h)(1). ---------------------------------------------------------------------------The establishment and implementation of policies, procedures and internal controls reasonably designed to achieve compliance with the applicable provisions of the BSA and implementing regulations; [[Page 20907]] independent testing for compliance by broker-dealer personnel or a qualified outside party; designation of an individual or individuals responsible for implementing and monitoring the operations and internal controls of the AML program; and ongoing training for appropriate persons.\7\ --------------------------------------------------------------------------- \7\ 31 CFR 1023.210(b). --------------------------------------------------------------------------- In addition to meeting the BSA's requirements with respect to AML programs, broker-dealers must also comply with FINRA Rule 3310, which incorporates the BSA's four pillars, as well as requiring broker- dealers' AML programs to establish and implement policies and procedures that can be reasonably expected to detect and cause the reporting of suspicious transactions. On May 11, 2016, FinCEN, the bureau of the Department of the Treasury responsible for administering the BSA and its implementing regulations, issued the CDD Rule \8\ to clarify and strengthen customer due diligence for covered financial institutions,\9\ including broker- dealers. In its CDD Rule, FinCEN identifies four components of customer due diligence: (1) Customer identification and verification; (2) beneficial ownership identification and verification; (3) understanding the nature and purpose of customer relationships; and (4) ongoing monitoring for reporting suspicious transactions and, on a risk basis, maintaining and updating customer information.\10\ As the first component is already required to be part of a broker-dealer's AML program under the BSA, the CDD Rule focuses on the other three components. --------------------------------------------------------------------------- \8\ FinCEN Customer Due Diligence Requirements for Financial Institutions; CDD Rule, 81 FR 29397 (May 11, 2016) (CDD Rule Release); 82 FR 45182 (September 28, 2017) (making technical correcting amendments to the final CDD Rule published on May 11, 2016). FinCEN is authorized to impose AML program requirements on financial institutions and to require financial institutions to maintain procedures to ensure compliance with the BSA and associated regulations. 31 U.S.C. 5318(h)(2) and (a)(2). The CDD Rule is the result of the rulemaking process FinCEN initiated in March 2012. See 77 FR 13046 (March 5, 2012) (Advance Notice of Proposed Rulemaking) and 79 FR 45151 (Aug. 4, 2014) (Notice of Proposed Rulemaking). \9\ See 31 CFR 1010.230(f) (defining ``covered financial institution''). \10\ See CDD Rule Release at 29398. --------------------------------------------------------------------------- Specifically, the CDD Rule focuses particularly on the second component by adding a new requirement that covered financial institutions identify and verify the identity of the beneficial owners of all legal entity customers at the time a new account is opened, subject to certain exclusions and exemptions.\11\ The CDD Rule also addresses the third and fourth components, which FinCEN states ``are already implicitly required for covered financial institutions to comply with their suspicious activity reporting requirements,'' by amending the existing AML program rules for covered financial institutions to explicitly require these components to be included in AML programs as a new ``fifth pillar.'' As a result of the CDD Rule, member firms should ensure that their AML programs are updated, as necessary, to comply with the CDD Rule by May 11, 2018. --------------------------------------------------------------------------- \11\ See 31 CFR 1010.230(d) (defining ``beneficial owner'') and 31 CFR 1010.230(e) (defining ``legal entity customer''). --------------------------------------------------------------------------- On November 21, 2017, FINRA published Regulatory Notice 17-40 to provide guidance to member firms regarding their obligations under FINRA Rule 3310 in light of the adoption of FinCEN's CDD Rule. In addition, the Notice summarized the CDD Rule's impact on member firms, including the addition of the new fifth pillar required for member firms' AML programs. This proposed rule change amends FINRA Rule 3310 to incorporate the fifth pillar. b. FINRA Rule 3310 and Amendment to Minimum Requirements for Member Firms' AML Programs Section 352 of the USA PATRIOT Act of 2001 \12\ amended the BSA to require broker-dealers to develop and implement AML programs that include the four pillars mentioned above. Consistent with Section 352 of the PATRIOT Act, and incorporating the four pillars, FINRA Rule 3310 requires each member firm to develop and implement a written AML program reasonably designed to achieve and monitor the member firm's compliance with the BSA and implementing regulations. Among other requirements, FINRA Rule 3310 requires that each member firm, at a minimum: (1) Establish and implement policies and procedures that can be reasonably expected to detect and cause the reporting of suspicious transactions; (2) establish and implement policies, procedures, and internal controls reasonably designed to achieve compliance with the BSA and implementing regulations; (3) provide for annual (on a calendar-year basis) independent testing for compliance to be conducted by member firm personnel or a qualified outside party; \13\ (4) designate and identify to FINRA an individual or individuals (i.e., AML compliance person(s)) who will be responsible for implementing and monitoring the day-to-day operations and internal controls of the AML program and provide prompt notification to FINRA of any changes to the designation; and (5) provide ongoing training for appropriate persons. --------------------------------------------------------------------------- \12\ Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56, 115 Stat. 272 (2001). \13\ If a member firm does not execute transactions for customers or otherwise hold customer accounts or act as an introducing broker with respect to customer accounts (e.g., engages solely in proprietary trading or conducts business only with other broker-dealers), then ``independent testing'' is required every two years. See FINRA Rule 3310(c). However, a member should conduct more frequent testing than required if circumstances warrant. See Supplementary Material .01(a). --------------------------------------------------------------------------- FinCEN's CDD Rule does not change the requirements of FINRA Rule 3310 and member firms must continue to comply with its requirements.\14\ However, FinCEN's CDD Rule amends the minimum regulatory requirements for member firms' AML programs by explicitly requiring such programs to include risk-based procedures for conducting ongoing customer due diligence.\15\ Accordingly, FINRA is proposing to amend FINRA Rule 3310 to incorporate into the Rule this ongoing customer due diligence element, or ``fifth pillar'' required for AML programs. Thus, proposed Rule 3310(f) would provide that the AML programs required by this Rule shall, at a minimum include appropriate risk-based procedures for conducting ongoing customer due diligence, to include, but not be limited to: (1) Understanding the nature and purpose of customer relationships for the purpose of developing a customer risk profile; and (2) Conducting ongoing monitoring to identify and report suspicious transactions and, on a risk basis, to maintain and update customer information. --------------------------------------------------------------------------- \14\ In fact, FinCEN notes that broker-dealers must continue to comply with FINRA Rules, notwithstanding differences between the CDD Rule and FINRA Rule 3310. See CDD Rule Release 29421, n. 85. \15\ See CDD Rule Release at 29420; 31 CFR 1023.210. --------------------------------------------------------------------------- As stated in the CDD Rule, these provisions are not new and merely codify existing expectations for firms to adequately identify and report suspicious transactions as required under the BSA and encapsulate practices generally already undertaken by securities firms to know and understand their customers.\16\ The proposed rule change simply incorporates into FINRA Rule 3310 the ongoing customer due diligence [[Page 20908]] element, or ``fifth pillar,'' required for AML programs by the CDD Rule to aid member firms in complying with the CDD Rule's requirements. However, to the extent that these elements, which are briefly summarized below, are not already included in member firms' AML programs, the CDD Rule requires member firms to update their AML programs to explicitly incorporate them. --------------------------------------------------------------------------- \16\ See id. at 29419. --------------------------------------------------------------------------- c. Summary of Fifth Pillar's Requirements Understanding the Nature and Purpose of Customer Relationships FinCEN states in the CDD Rule that firms must necessarily have an understanding of the nature and purpose of the customer relationship in order to determine whether a transaction is potentially suspicious and, in turn, to fulfill their SAR obligations.\17\ To that end, the CDD Rule requires that firms understand the nature and purpose of the customer relationship in order to develop a customer risk profile. The customer risk profile refers to information gathered about a customer to form the baseline against which customer activity is assessed for suspicious transaction reporting.\18\ Information relevant to understanding the nature and purpose of the customer relationship may be self-evident and, depending on the facts and circumstances, may include such information as the type of customer, account or service offered, and the customer's income, net worth, domicile, or principal occupation or business, as well as, in the case of existing customers, the customer's history of activity.\19\ The CDD Rule also does not prescribe a particular form of the customer risk profile.\20\ Instead, the CDD Rule states that depending on the firm and the nature of its business, a customer risk profile may consist of individualized risk scoring, placement of customers into risk categories or another means of assessing customer risk that allows firms to understand the risk posed by the customer and to demonstrate that understanding.\21\ --------------------------------------------------------------------------- \17\ See id. at 29421. \18\ See id. at 29422. \19\ See id. \20\ See id. \21\ See id. --------------------------------------------------------------------------- The CDD Rule also addresses the interplay of understanding the nature and purpose of customer relationships with the ongoing monitoring obligation discussed below. The CDD Rule explains that firms are not necessarily required or expected to integrate customer information or the customer risk profile into existing transaction monitoring systems (for example, to serve as the baseline for identifying and assessing suspicious transactions on a contemporaneous basis).\22\ Rather, FinCEN expects firms to use the customer information and customer risk profile as appropriate during the course of complying with their obligations under the BSA in order to determine whether a particular flagged transaction is suspicious.\23\ --------------------------------------------------------------------------- \22\ See id. \23\ See id. --------------------------------------------------------------------------- Conducting Ongoing Monitoring As with the requirement to understand the nature and purpose of the customer relationship, the requirement to conduct ongoing monitoring to identify and report suspicious transactions and, on a risk basis, to maintain and update customer information, merely adopts existing supervisory and regulatory expectations as explicit minimum standards of customer due diligence required for firms' AML programs.\24\ If, in the course of its normal monitoring for suspicious activity, the member firm detects information that is relevant to assessing the customer's risk profile, the member firm must update the customer information, including the information regarding the beneficial owners of legal entity customers.\25\ However, there is no expectation that the member firm update customer information, including beneficial ownership information, on an ongoing or continuous basis.\26\ --------------------------------------------------------------------------- \24\ See id. at 29402. \25\ See id. at 29420-21. See also Regulatory Notice 17-40 (discussing identifying and verifying the identity of beneficial owners of legal entity customers). \26\ See id. --------------------------------------------------------------------------- FINRA has filed the proposed rule change for immediate effectiveness. The implementation date for the proposed changes will be May 11, 2018 to coincide with the compliance date under the CDD Rule. 2. Statutory Basis FINRA believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act,\27\ which requires, among other things, that FINRA rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. FINRA believes the proposed rule change will aid member firms in complying with the CDD Rule's requirement that member firms' AML programs include risk-based procedures for conducting ongoing customer due diligence by also incorporating the requirement into FINRA Rule 3310. --------------------------------------------------------------------------- \27\ 15 U.S.C. 78o-3(b)(6). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition FINRA does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change simply incorporates into FINRA Rule 3310 the ongoing customer due diligence element, or ``fifth pillar,'' required for AML programs by the CDD Rule. Regardless of the proposed rule change, to the extent that the elements of the fifth pillar are not already included in member firms' AML programs, the CDD Rule requires member firms to update their AML programs to explicitly incorporate them by May 11, 2018. In addition, as stated in the CDD Rule, these elements are already implicitly required for covered financial institutions to comply with their suspicious activity reporting requirements. FINRA is not imposing any additional direct or indirect burdens on member firms or their clients through this proposal, and as such the proposal imposes no new burdens on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act \28\ and Rule 19b- 4(f)(6) thereunder.\29\ --------------------------------------------------------------------------- \28\ 15 U.S.C. 78s(b)(3)(A). \29\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings [[Page 20909]] to determine whether the proposed rule should be approved or 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 email to rule-comments@sec.gov. Please include File Number SR-FINRA 2018-016 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to File Number SR-FINRA-2018-016. This file number should be included on the subject line if email 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 website (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of FINRA. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-FINRA-2018-016 and should be submitted on or before May 29, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\30\ --------------------------------------------------------------------------- \30\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-09694 Filed 5-7-18; 8:45 am] BILLING CODE 8011-01-P
![20906 Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices
At any time within 60 days of the personal identifying information from (‘‘CDD Rule’’). Specifically, the
filing of the proposed rule change, the comment submissions. You should proposed amendments would conform
Commission summarily may submit only information that you wish FINRA Rule 3310 to the CDD Rule’s
temporarily suspend such rule change if to make available publicly. All amendments to the minimum regulatory
it appears to the Commission that such submissions should refer to File requirements for member firms’ anti-
action is necessary or appropriate in the Number SR–NYSEAmer–2018–16, and money laundering (‘‘AML’’) compliance
public interest, for the protection of should be submitted on or before May programs by requiring such programs to
investors, or otherwise in furtherance of 29, 2018. include risk-based procedures for
the purposes of the Act. For the Commission, by the Division of conducting ongoing customer due
Trading and Markets, pursuant to delegated diligence. This ongoing customer due
IV. Solicitation of Comments
authority.22 diligence element for AML programs
Interested persons are invited to Eduardo A. Aleman, includes: (1) Understanding the nature
submit written data, views, and Assistant Secretary. and purpose of customer relationships
arguments concerning the foregoing, [FR Doc. 2018–09763 Filed 5–7–18; 8:45 am] for the purpose of developing a
including whether the proposed rule customer risk profile; and (2)
BILLING CODE 8011–01–P
change is consistent with the Act. conducting ongoing monitoring to
Comments may be submitted by any of identify and report suspicious
the following methods: SECURITIES AND EXCHANGE transactions and, on a risk basis, to
Electronic Comments COMMISSION maintain and update customer
information.
• Use the Commission’s internet [Release No. 34–83154; File No. SR–FINRA–
The text of the proposed rule change
comment form (http://www.sec.gov/ 2018–016]
is available on FINRA’s website at
rules/sro.shtml); or http://www.finra.org, at the principal
• Send an email to rule-comments@ Self-Regulatory Organizations;
Financial Industry Regulatory office of FINRA and at the
sec.gov. Please include File Number SR–
Authority, Inc.; Notice of Filing and Commission’s Public Reference Room.
NYSEAmer–2018–16 on the subject
line. Immediate Effectiveness of a Proposed II. Self-Regulatory Organization’s
Rule Change Relating to FINRA Rule Statement of the Purpose of, and
Paper Comments 3310 to Conform FINRA Rule 3310 to Statutory Basis for, the Proposed Rule
• Send paper comments in triplicate FinCEN’s Final Rule on Customer Due Change
to Secretary, Securities and Exchange Diligence Requirements for Financial
Commission, 100 F Street NE, Institutions In its filing with the Commission,
Washington, DC 20549–1090. FINRA included statements concerning
May 2, 2018. the purpose of and basis for the
All submissions should refer to File Pursuant to Section 19(b)(1) of the proposed rule change and discussed any
Number SR–NYSEAmer–2018–16. This Securities Exchange Act of 1934 comments it received on the proposed
file number should be included on the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 rule change. The text of these statements
subject line if email is used. To help the notice is hereby given that on April 20, may be examined at the places specified
Commission process and review your 2018, Financial Industry Regulatory in Item IV below. FINRA has prepared
comments more efficiently, please use Authority, Inc. (‘‘FINRA’’) filed with the summaries, set forth in sections A, B,
only one method. The Commission will Securities and Exchange Commission and C below, of the most significant
post all comments on the Commission’s (‘‘SEC’’ or ‘‘Commission’’) the proposed aspects of such statements.
internet website (http://www.sec.gov/ rule change as described in Items I, II,
rules/sro.shtml). Copies of the and III below, which Items have been A. Self-Regulatory Organization’s
submission, all subsequent prepared by FINRA. FINRA has Statement of the Purpose of, and
amendments, all written statements designated the proposed rule change as Statutory Basis for, the Proposed Rule
with respect to the proposed rule constituting a ‘‘non-controversial’’ rule Change
change that are filed with the change under paragraph (f)(6) of Rule 1. Purpose
Commission, and all written 19b–4 under the Act,3 which renders
communications relating to the a. Background
the proposal effective upon receipt of
proposed rule change between the this filing by the Commission. The The Bank Secrecy Act 4 (‘‘BSA’’),
Commission and any person, other than Commission is publishing this notice to among other things, requires financial
those that may be withheld from the solicit comments on the proposed rule institutions,5 including broker-dealers,
public in accordance with the change from interested persons. to develop and implement AML
provisions of 5 U.S.C. 552, will be programs that, at a minimum, meet the
available for website viewing and I. Self-Regulatory Organization’s
statutorily enumerated ‘‘four pillars.’’ 6
printing in the Commission’s Public Statement of the Terms of Substance of
These four pillars currently require
Reference Room, 100 F Street NE, the Proposed Rule Change
broker-dealers to have written AML
Washington, DC 20549, on official FINRA is proposing to amend FINRA programs that include, at a minimum:
business days between the hours of Rule 3310 (Anti-Money Laundering • The establishment and
10:00 a.m. and 3:00 p.m. Copies of the Compliance Program) to reflect the implementation of policies, procedures
filing also will be available for Financial Crimes Enforcement and internal controls reasonably
sradovich on DSK3GMQ082PROD with NOTICES
inspection and copying at the principal Network’s (‘‘FinCEN’’) adoption of a designed to achieve compliance with
office of the Exchange. All comments final rule on Customer Due Diligence the applicable provisions of the BSA
received will be posted without change. Requirements for Financial Institutions and implementing regulations;
Persons submitting comments are
cautioned that we do not redact or edit 22 17 CFR 200.30–3(a)(12). 4 31 U.S.C. 5311, et seq.
1 15 U.S.C. 78s(b)(1). 5 See 31 U.S.C. 5312(a)(2) (defining ‘‘financial
2 17 CFR 240.19b–4. institution’’).
as designated by the Commission. The Exchange
has satisfied this requirement. 3 17 CFR 240.19b–4(f)(6). 6 31 U.S.C. 5318(h)(1).
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![Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices 20909
to determine whether the proposed rule For the Commission, by the Division of of the agenda in writing may send their
should be approved or disapproved. Trading and Markets, pursuant to delegated comments to: TVA Board of Directors,
authority.30 Board Agenda Comments, 400 West
IV. Solicitation of Comments Eduardo A. Aleman, Summit Hill Drive, Knoxville,
Assistant Secretary. Tennessee 37902.
Interested persons are invited to
[FR Doc. 2018–09694 Filed 5–7–18; 8:45 am]
submit written data, views and Dated: May 3, 2018.
arguments concerning the foregoing, BILLING CODE 8011–01–P Sherry A. Quirk,
including whether the proposed rule General Counsel.
change is consistent with the Act. [FR Doc. 2018–09845 Filed 5–4–18; 11:15 am]
Comments may be submitted by any of TENNESSEE VALLEY AUTHORITY
BILLING CODE 8120–08–P
the following methods:
Sunshine Act Meeting Notice
Electronic Comments
Meeting No. 18–02 DEPARTMENT OF TRANSPORTATION
• Use the Commission’s internet The TVA Board of Directors will hold
comment form (http://www.sec.gov/ a public meeting on May 10, 2018, at the Federal Highway Administration
rules/sro.shtml); or Shoals Marriott and Conference Center, Notice of Final Federal Agency Actions
• Send an email to rule-comments@ 10 Hightower Place, Florence, Alabama. on Interstate 95 in the City of
sec.gov. Please include File Number SR– The public may comment on any agenda Fredericksburg and the Counties of
FINRA 2018–016 on the subject line. item or subject at a public listening Spotsylvania, Stafford, Prince William,
session which begins at 9:30 a.m. (CT). and Fairfax, Virginia
Paper Comments Following the end of the public
listening session, the meeting will be AGENCY: Federal Highway
• Send paper comments in triplicate called to order to consider the agenda Administration (FHWA), DOT
to Secretary, Securities and Exchange items listed below. On-site registration ACTION: Notice of Limitation on Claims
Commission, 100 F Street NE, will be available until 15 minutes before for Judicial Review of Actions by
Washington, DC 20549–1090. the public listening session begins at FHWA.
All submissions should refer to File 9:30 a.m. (CT). TVA management will
answer questions from the news media SUMMARY: This notice announces actions
Number SR–FINRA–2018–016. This file
following the Board meeting. taken by the FHWA that are final. The
number should be included on the
STATUS: Open. actions relate to roadway improvements
subject line if email is used. To help the
to enhance Express Lane access at the I–
Commission process and review your Agenda 95/Russell Road Interchange (Exit 148),
comments more efficiently, please use as well as expand the Express Lanes
only one method. The Commission will Chair’s Welcome
approximately ten miles from near the
post all comments on the Commission’s Old Business I–95/VA 610 Interchange at
internet website (http://www.sec.gov/ Approval of minutes of the February 16, Garrisonville Road (Exit 143) to near the
rules/sro.shtml). Copies of the 2018, Board Meeting I–95/US 17 Interchange at Warrenton
submission, all subsequent Road (Exit 133), in the City of
amendments, all written statements New Business Fredericksburg and the Counties of
with respect to the proposed rule 1. Report From President and CEO Spotsylvania, Stafford, Prince William,
change that are filed with the 2. Governance Item and Fairfax.
Commission, and all written A. Assistant Corporate Secretaries DATES: By this notice, the FHWA is
communications relating to the 3. Report of the Audit, Risk, and advising the public of final agency
proposed rule change between the Regulation Committee actions subject to 23 U.S.C. 139(l)(1). A
Commission and any person, other than 4. Report of the People and Performance claim seeking judicial review of the
those that may be withheld from the Committee Federal agency actions on the project
public in accordance with the 5. Report of the Finance, Rates, and
will be barred unless the claim is filed
provisions of 5 U.S.C. 552, will be Portfolio Committee
on or before October 5, 2018.
available for website viewing and A. Rate Change
B. Optional Electric Vehicle Rate Pilot Notwithstanding any other provision of
printing in the Commission’s Public law, a claim arising under Federal law
Reference Room, 100 F Street NE, C. Tennessee Gas Pipeline
Agreements and Delegation seeking judicial review of a permit,
Washington, DC 20549, on official license, or approval issued by a Federal
D. Texas Gas Transmission
business days between the hours of agency for a highway or public
Agreements
10:00 a.m. and 3:00 p.m. Copies of such 6. Report of the External Relations transportation capital project shall be
filing also will be available for Committee barred unless it is filed within 150 days
inspection and copying at the principal A. Modified Land and Equipment after publication of a notice in the
office of FINRA. All comments received Conveyance Delegations Federal Register announcing that the
will be posted without change. Persons 7. Report of the Nuclear Oversight permit, license, or approval is final
submitting comments are cautioned that Committee pursuant to the law under which the
we do not redact or edit personal agency action is taken, unless a shorter
sradovich on DSK3GMQ082PROD with NOTICES
FOR MORE INFORMATION: Please call TVA
identifying information from comment Media Relations at (865) 632–6000, time is specified in the Federal law
submissions. You should submit only Knoxville, Tennessee. People who plan pursuant to which judicial review is
information that you wish to make to attend the meeting and have special allowed.
available publicly. All submissions needs should call (865) 632–6000. FOR FURTHER INFORMATION CONTACT: For
should refer to File Number SR–FINRA– Anyone who wishes to comment on any FHWA: Mr. Mack Frost, Planning and
2018–016 and should be submitted on Environmental Specialist, Federal
or before May 29, 2018. 30 17 CFR 200.30–3(a)(12). Highway Administration, 400 North 8th
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Document Created: 2018-05-08 01:31:54
Document Modified: 2018-05-08 01:31:54
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