83_FR_55997 83 FR 55781 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Rule 9910 Post-Employment Conflict of Interest Restrictions; Nonpublic Information

83 FR 55781 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Rule 9910 Post-Employment Conflict of Interest Restrictions; Nonpublic Information

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 216 (November 7, 2018)

Page Range55781-55784
FR Document2018-24306

Federal Register, Volume 83 Issue 216 (Wednesday, November 7, 2018)
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55781-55784]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24306]



[[Page 55781]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84518; File No. SR-FINRA-2018-037]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Adopt Rule 9910 Post-Employment Conflict of 
Interest Restrictions; Nonpublic Information

November 1, 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 October 24, 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 concerned solely with the 
administration of the self-regulatory organization under Section 
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(3) thereunder,\4\ 
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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(3).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is proposing to adopt Rule 9910 (Post-Employment Conflict of 
Interest Restrictions; Nonpublic Information) that would prohibit: (1) 
Any former officer from making certain communications to or appearances 
before FINRA for one year; (2) any former employee from making certain 
communications to or appearances before FINRA at any time in a 
particular matter involving a specific party or parties in which the 
employee was personally and substantially involved during his or her 
employment; (3) any former employee from making certain communications 
to or appearances before FINRA for two years in a particular matter 
involving a specific party or parties, that was under the employee's 
official responsibility during the last year of his or her employment; 
and (4) any current employee from disseminating or disclosing, for a 
purpose unnecessary to the performance of FINRA job responsibilities, 
or any former employee from disseminating or disclosing, for any 
purpose, any nonpublic information obtained in the course of his or her 
employment with FINRA, unless the disclosure is expressly authorized by 
FINRA or is required or protected by law.
    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
    FINRA rules prohibit former officers from appearing or providing 
expert testimony on behalf of any other person in a FINRA proceeding 
for one year following separation from FINRA.\5\ FINRA proposes to 
adopt restrictions for FINRA officers and employees similar to those 
that apply to former employees of the SEC. FINRA also proposes to adopt 
restrictions intended to prohibit current and former FINRA employees 
from misusing nonpublic FINRA information. In particular, proposed Rule 
9910 (Post-Employment Conflict of Interest Restrictions; Nonpublic 
Information) would prohibit: \6\
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    \5\ See FINRA Rules 9141(c) and 9242(b).
    \6\ The proposed rule change also would adopt a new rule series 
title, specifically Rule Series 9900, Restrictions on Former FINRA 
Officers and Employees; Nonpublic Information. See Exhibit 5.
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     any former officer from making certain communications to 
or appearances before FINRA for one year from the end of employment;
     any former employee from making certain communications to 
or appearances before FINRA at any time in a particular matter 
involving a specific party or parties in which the employee was 
personally and substantially involved during his or her employment;
     any former employee from making certain communications to 
or appearances before FINRA for two years in a particular matter 
involving a specific party or parties, that was under the employee's 
official responsibility during the last year of his or her employment; 
and
     any current employee from disseminating or disclosing, for 
a purpose unnecessary to the performance of FINRA job responsibilities, 
or a former employee from disseminating or disclosing, for any purpose, 
any nonpublic information obtained in the course of his or her 
employment with FINRA, unless the disclosure is expressly authorized by 
FINRA or is required or protected by law.
1. Expansion of the Prohibition for Former Officers
    FINRA prohibits former officers from appearing or providing expert 
testimony in a FINRA proceeding for one year following separation from 
FINRA. FINRA proposes to expand this prohibition as follows: \7\
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    \7\ See proposed FINRA Rule 9910(a).

    No former officer of FINRA shall knowingly, with the intent to 
influence, make any communication \8\ to or appearance \9\ before a 
FINRA Governor or employee \10\ within one year from the former 
officer's termination of employment with FINRA, on behalf of any 
other person in connection with any matter on which the former 
officer seeks official FINRA action by any Governor or employee of 
FINRA. A duly authorized FINRA officer may grant reasonable 
exceptions and waivers from this prohibition consistent with the 
purposes of the prohibition.
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    \8\ For purposes of Rule 9910, ``communication'' would mean the 
imparting or transmitting of information of any kind, including 
facts, opinions, ideas, questions or direction, to a FINRA Governor 
or employee, whether orally, in written correspondence, by 
electronic media, or by any other means. See proposed Rule 9910.02; 
see also 5 CFR 2641.201(d)(1) (definition of ``communication'' in 
Rule 201 of the Post-Employment Conflict of Interest Restrictions 
under the Ethics in Government Act).
    \9\ For purposes of Rule 9910, ``appearance'' would mean 
physical presence before a FINRA Governor or employee, in either a 
formal or an informal setting. Although an appearance also may be 
accompanied by a communication, an appearance need not involve any 
communication. See proposed Rule 9910.01; see also 5 CFR 
2641.201(d)(2) (definition of ``appearance'' in Rule 201 of the 
Post-Employment Conflict of Interest Restrictions under the Ethics 
in Government Act).
    \10\ For purposes of this proposed rule, ``employee'' would 
include both officer and non-officer employees. See proposed Rule 
9910.03.

    This restriction is modeled on Rule 204(a) of the Post-Employment 
Conflict of Interest Restrictions under the Ethics in Government Act, 
which applies, among others, to senior personnel of the

[[Page 55782]]

SEC.\11\ This restriction would apply even if the former officer never 
worked on or supervised the matter while employed by FINRA. This 
provision does not prohibit ``behind-the-scenes assistance'' (i.e., 
assistance that does not involve a communication to or appearance 
before FINRA), subject to FINRA Rule 9910(d) and, with respect to 
attorneys, any applicable state bar ethics rules.
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    \11\ Rule 204(a) provides, ``For one year after his service in a 
senior position terminates, no former senior employee may knowingly, 
with the intent to influence, make any communication to or 
appearance before an employee of an agency in which he served in any 
capacity within the one-year period prior to his termination from a 
senior position, if that communication or appearance is made on 
behalf of any other person in connection with any matter on which 
the former senior employee seeks official action by any employee of 
such agency.'' 5 CFR 2641.204(a).
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2. Adoption of a New Rule Provision Prohibiting Subject Matter 
Conflicts
    The interaction of a former employee with FINRA Governors or 
employees in a matter in which the former employee participated while 
at FINRA presents a potential conflict of interest and may undermine 
the public's trust and confidence in FINRA. Accordingly, FINRA proposes 
to adopt the following rule provision: \12\
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    \12\ See proposed Rule 9910(b).

    No former employee of FINRA shall knowingly, with the intent to 
influence, make any communication to or appearance before a FINRA 
Governor or employee on behalf of any other person in connection 
with a particular matter involving a specific party or parties, in 
which the former employee participated personally and substantially 
as an employee, and in which FINRA is a party or has a direct and 
substantial interest. A duly authorized FINRA officer may grant 
reasonable exceptions and waivers from this prohibition consistent 
---------------------------------------------------------------------------
with the purposes of the prohibition.

    This provision is modeled on Rule 201(a) of the Post-Employment 
Conflict of Interest Restrictions under the Ethics in Government 
Act.\13\ The provision would permit ``behind-the-scenes assistance,'' 
subject to FINRA Rule 9910(d) and, with respect to attorneys, any 
applicable state bar ethics rules.
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    \13\ Rule 201(a) provides, ``No former employee shall knowingly, 
with the intent to influence, make any communication to or 
appearance before an employee of the United States on behalf of any 
other person in connection with a particular matter involving a 
specific party or parties, in which he participated personally and 
substantially as an employee, and in which the United States is a 
party or has a direct and substantial interest.'' 5 CFR 2641.201(a).
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3. Two-Year Ban on ``Switching Sides'' on Matters Within Former 
Employee's Official Responsibility
    The participation of a former employee in a matter that recently 
fell within the employee's official responsibility at FINRA presents at 
least an apparent conflict of interest and could undermine the public's 
trust and confidence in FINRA. Accordingly, FINRA proposes to adopt the 
following rule provision: \14\
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    \14\ See proposed Rule 9910(c).

    For two years after his or her employment with FINRA terminates, 
no former employee shall knowingly, with the intent to influence, 
make any communication to or appearance before a FINRA Governor or 
employee on behalf of any other person in connection with a 
particular matter involving a specific party or parties, in which 
FINRA is a party or has a direct and substantial interest, and which 
the former employee knows or reasonably should know was actually 
pending under the former employee's official responsibility, within 
the one-year period prior to the termination of his or her 
employment with FINRA. A duly authorized FINRA officer may grant 
reasonable exceptions and waivers from this prohibition consistent 
---------------------------------------------------------------------------
with the purposes of the prohibition.

    This restriction would be modeled on Rule 202(a) of the Post-
Employment Conflict of Interest Restrictions under the Ethics in 
Government Act.\15\ A matter could fall under the employee's official 
responsibility if, for example, the employee had administrative or 
operating authority, either alone or through others, and either 
personally or through subordinates, to approve or disapprove an action 
in the matter.\16\ The provision would permit ``behind the scenes 
assistance,'' subject to FINRA Rule 9910(d) and, with respect to 
attorneys, any applicable state bar ethics rules.
---------------------------------------------------------------------------

    \15\ Rule 202(a) provides, ``For two years after his Government 
service terminates, no former employee shall knowingly, with the 
intent to influence, make any communication to or appearance before 
an employee of the United States on behalf of any other person in 
connection with a particular matter involving a specific party or 
parties, in which the United States is a party or has a direct and 
substantial interest, and which such person knows or reasonably 
should know was actually pending under his official responsibility 
within the one-year period prior to the termination of his 
Government service.'' 5 CFR 2641.202(a).
    \16\ Rule 202 provides extensive interpretations regarding the 
meaning of ``official responsibility.'' Rule 202(j) provides, in 
part, ```Official responsibility' means the direct administrative or 
operating authority, whether intermediate or final, and either 
exercisable alone or with others, and either personally or through 
subordinates, to approve, disapprove, or otherwise direct Government 
action. Ordinarily, the scope of an employee's official 
responsibility is determined by those functions assigned by statute, 
regulation, Executive order, job description, or delegation of 
authority.'' 5 CFR 2641.202(j).
---------------------------------------------------------------------------

4. Protection of Nonpublic Information
    FINRA's Code of Conduct prohibits the use or disclosure of 
nonpublic information to anyone (including other FINRA employees) for 
any purpose unnecessary to the performance of an employee's duties, 
unless required by law or instructed to do so by an appropriate FINRA 
officer. All FINRA employees are also bound by confidentiality 
obligations through agreements entered in connection with their 
employment. FINRA seeks to further ensure that current employees do not 
use or disseminate nonpublic FINRA information for a purpose 
unnecessary to the performance of FINRA job responsibilities, and that 
former employees do not use or disseminate nonpublic FINRA information 
for any purpose, without authorization or unless the disclosure is 
required or protected by law, by proposing the following rule 
provision: \17\
---------------------------------------------------------------------------

    \17\ See proposed Rule 9910(d).

    No current employee of FINRA may disseminate or disclose, for a 
purpose unnecessary to the performance of FINRA job 
responsibilities, and no former employee of FINRA may disseminate or 
disclose, for any purpose, any nonpublic information obtained in the 
course of his or her FINRA employment, unless expressly authorized 
by FINRA. Nothing in this paragraph shall be deemed to limit current 
or former employees of FINRA from making any disclosures required or 
---------------------------------------------------------------------------
protected by law.

    This restriction would place a duty on current FINRA employees not 
to disseminate or disclose, for a purpose unnecessary to the 
performance of FINRA job responsibilities, and on former FINRA 
employees not to disseminate or disclose, for any purpose, nonpublic 
information obtained in the course of their FINRA employment, unless 
expressly authorized by FINRA. The restriction would not limit current 
and former employees from disclosing nonpublic information obtained in 
the course of their employment with FINRA if the disclosure is required 
or protected by law.
    For example, this restriction would not limit a current or former 
employee from participating in an investigation conducted by a 
regulatory entity or government agency. Nor would this provision limit 
current or former employees from making any disclosures protected by 
whistleblower statutes.

[[Page 55783]]

5. Exceptions, Waivers and Operative Dates
    Paragraphs (a), (b) and (c) of proposed Rule 9910 allow a duly 
authorized FINRA officer to grant reasonable exceptions and waivers 
from the prohibitions consistent with their purposes. A senior 
executive level officer in its Office of General Counsel whose 
responsibilities include interpreting and enforcing FINRA's Code of 
Conduct, including the Chief Legal Officer, will serve as the duly 
authorized officer for these purposes. Exceptions and waivers under 
paragraphs (a), (b), and (c) and authorizations under paragraph (d) 
typically will be granted in the rare instance that the prohibition 
conflicts with other law.
    FINRA has filed the proposed rule change for immediate 
effectiveness. The operative date of paragraphs (b), (c) and (d) of 
proposed FINRA Rule 9910 will be December 3, 2018. The operative date 
of paragraph (a) of proposed FINRA Rule 9910 will be April 1, 2019.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\18\ 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, and Section 15A(b)(9),\19\ which requires that FINRA 
rules not impose any burden on competition that is not necessary or 
appropriate. FINRA believes that the proposed rule changes will provide 
greater assurance to the industry and investors that FINRA officers and 
employees will avoid actual or potential conflicts of interest when 
their employment with FINRA terminates, and that current and former 
employees will maintain the confidentiality of nonpublic FINRA 
information. Paragraphs (a) through (c) of the proposed rule also will 
better align FINRA's conflict of interest rules with those of the SEC. 
As with the SEC conflicts rules, FINRA believes that the proposed rules 
will help instill greater confidence in FINRA.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78o-3(b)(6).
    \19\ 15 U.S.C. 78o-3(b)(9).
---------------------------------------------------------------------------

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 would impose 
new restrictions on employees that are terminating their employment 
with FINRA by prohibiting them from making certain communications to or 
appearances before FINRA over the specified period after their 
employment with FINRA ends.
    The primary benefit of this proposal would be to mitigate the 
conflicts of interest that may arise if a former FINRA employee used 
influence resulting from his or her employment at FINRA on behalf of 
another party. The proposal also would reduce incentives for private 
employers to hire FINRA employees potentially to influence matters in 
which the former FINRA employee had direct or indirect 
responsibilities. In addition, the proposal would help ensure that 
current and former FINRA employees do not misuse nonpublic FINRA 
information.
    The primary cost of this proposal would be to reduce the value of a 
FINRA employee to a new employer, especially if the new employer valued 
the employee's experience in a particular area that could lead to a 
conflict of interest. However, this proposal does not affect the 
employee's ability to provide ``behind the scenes assistance'' that 
does not involve the use or dissemination of nonpublic information 
obtained in the course of his or her employment with FINRA, mitigating 
the cost to the FINRA employee and the future employer. Further, FINRA 
believes that the benefits to investors and the public associated with 
this proposal justify these costs.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \20\ and paragraph (f)(3) of Rule 19b-4 
thereunder.\21\ 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 to determine whether the proposed rule should be approved 
or disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

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 [email protected]. Please include 
File Number SR-FINRA-2018-037 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-2018-037. 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 the 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-2018-037 and should be submitted 
on or before November 28, 2018.


[[Page 55784]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24306 Filed 11-6-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                         Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices                                                       55781

                                              SECURITIES AND EXCHANGE                                  of FINRA job responsibilities, or any                     • any former employee from making
                                              COMMISSION                                               former employee from disseminating or                   certain communications to or
                                                                                                       disclosing, for any purpose, any                        appearances before FINRA for two years
                                              [Release No. 34–84518; File No. SR–FINRA–
                                              2018–037]
                                                                                                       nonpublic information obtained in the                   in a particular matter involving a
                                                                                                       course of his or her employment with                    specific party or parties, that was under
                                              Self-Regulatory Organizations;                           FINRA, unless the disclosure is                         the employee’s official responsibility
                                              Financial Industry Regulatory                            expressly authorized by FINRA or is                     during the last year of his or her
                                              Authority, Inc.; Notice of Filing and                    required or protected by law.                           employment; and
                                              Immediate Effectiveness of a Proposed                       The text of the proposed rule change                   • any current employee from
                                              Rule Change To Adopt Rule 9910 Post-                     is available on FINRA’s website at                      disseminating or disclosing, for a
                                              Employment Conflict of Interest                          http://www.finra.org, at the principal                  purpose unnecessary to the performance
                                              Restrictions; Nonpublic Information                      office of FINRA and at the                              of FINRA job responsibilities, or a
                                                                                                       Commission’s Public Reference Room.                     former employee from disseminating or
                                              November 1, 2018.                                                                                                disclosing, for any purpose, any
                                                 Pursuant to Section 19(b)(1) of the                   II. Self-Regulatory Organization’s
                                                                                                       Statement of the Purpose of, and                        nonpublic information obtained in the
                                              Securities Exchange Act of 1934                                                                                  course of his or her employment with
                                              (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                  Statutory Basis for, the Proposed Rule
                                                                                                       Change                                                  FINRA, unless the disclosure is
                                              notice is hereby given that on October                                                                           expressly authorized by FINRA or is
                                              24, 2018, Financial Industry Regulatory                     In its filing with the Commission,                   required or protected by law.
                                              Authority, Inc. (‘‘FINRA’’) filed with the               FINRA included statements concerning
                                              Securities and Exchange Commission                       the purpose of and basis for the                        1. Expansion of the Prohibition for
                                              (‘‘SEC’’ or ‘‘Commission’’) the proposed                 proposed rule change and discussed any                  Former Officers
                                              rule change as described in Items I, II,                 comments it received on the proposed                      FINRA prohibits former officers from
                                              and III below, which Items have been                     rule change. The text of these statements               appearing or providing expert testimony
                                              prepared by FINRA. FINRA has                             may be examined at the places specified                 in a FINRA proceeding for one year
                                              designated the proposed rule change as                   in Item IV below. FINRA has prepared                    following separation from FINRA.
                                              concerned solely with the                                summaries, set forth in sections A, B,                  FINRA proposes to expand this
                                              administration of the self-regulatory                    and C below, of the most significant                    prohibition as follows: 7
                                              organization under Section                               aspects of such statements.
                                              19(b)(3)(A)(iii) of the Act 3 and Rule                                                                             No former officer of FINRA shall
                                                                                                       A. Self-Regulatory Organization’s                       knowingly, with the intent to influence,
                                              19b–4(f)(3) thereunder,4 which renders
                                                                                                       Statement of the Purpose of, and                        make any communication 8 to or appearance 9
                                              the proposal effective upon receipt of                                                                           before a FINRA Governor or employee 10
                                                                                                       Statutory Basis for, the Proposed Rule
                                              this filing by the Commission. The                                                                               within one year from the former officer’s
                                                                                                       Change
                                              Commission is publishing this notice to                                                                          termination of employment with FINRA, on
                                              solicit comments on the proposed rule                    1. Purpose                                              behalf of any other person in connection with
                                              change from interested persons.                             FINRA rules prohibit former officers                 any matter on which the former officer seeks
                                                                                                                                                               official FINRA action by any Governor or
                                              I. Self-Regulatory Organization’s                        from appearing or providing expert                      employee of FINRA. A duly authorized
                                              Statement of the Terms of Substance of                   testimony on behalf of any other person                 FINRA officer may grant reasonable
                                              the Proposed Rule Change                                 in a FINRA proceeding for one year                      exceptions and waivers from this prohibition
                                                                                                       following separation from FINRA.5                       consistent with the purposes of the
                                                 FINRA is proposing to adopt Rule
                                                                                                       FINRA proposes to adopt restrictions for                prohibition.
                                              9910 (Post-Employment Conflict of
                                                                                                       FINRA officers and employees similar to
                                              Interest Restrictions; Nonpublic                                                                                   This restriction is modeled on Rule
                                                                                                       those that apply to former employees of
                                              Information) that would prohibit: (1)                                                                            204(a) of the Post-Employment Conflict
                                                                                                       the SEC. FINRA also proposes to adopt
                                              Any former officer from making certain                                                                           of Interest Restrictions under the Ethics
                                                                                                       restrictions intended to prohibit current
                                              communications to or appearances                                                                                 in Government Act, which applies,
                                                                                                       and former FINRA employees from
                                              before FINRA for one year; (2) any                                                                               among others, to senior personnel of the
                                                                                                       misusing nonpublic FINRA information.
                                              former employee from making certain
                                                                                                       In particular, proposed Rule 9910 (Post-
                                              communications to or appearances                                                                                   7 See  proposed FINRA Rule 9910(a).
                                                                                                       Employment Conflict of Interest
                                              before FINRA at any time in a particular                                                                           8 For  purposes of Rule 9910, ‘‘communication’’
                                                                                                       Restrictions; Nonpublic Information)                    would mean the imparting or transmitting of
                                              matter involving a specific party or
                                                                                                       would prohibit: 6                                       information of any kind, including facts, opinions,
                                              parties in which the employee was
                                                                                                          • any former officer from making                     ideas, questions or direction, to a FINRA Governor
                                              personally and substantially involved                                                                            or employee, whether orally, in written
                                                                                                       certain communications to or
                                              during his or her employment; (3) any                                                                            correspondence, by electronic media, or by any
                                                                                                       appearances before FINRA for one year                   other means. See proposed Rule 9910.02; see also
                                              former employee from making certain
                                                                                                       from the end of employment;                             5 CFR 2641.201(d)(1) (definition of
                                              communications to or appearances                            • any former employee from making                    ‘‘communication’’ in Rule 201 of the Post-
                                              before FINRA for two years in a                          certain communications to or                            Employment Conflict of Interest Restrictions under
                                              particular matter involving a specific                   appearances before FINRA at any time                    the Ethics in Government Act).
                                              party or parties, that was under the                     in a particular matter involving a
                                                                                                                                                                  9 For purposes of Rule 9910, ‘‘appearance’’ would

                                              employee’s official responsibility during                                                                        mean physical presence before a FINRA Governor
                                                                                                       specific party or parties in which the                  or employee, in either a formal or an informal
                                              the last year of his or her employment;                  employee was personally and                             setting. Although an appearance also may be
                                              and (4) any current employee from
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                       substantially involved during his or her                accompanied by a communication, an appearance
                                              disseminating or disclosing, for a                       employment;
                                                                                                                                                               need not involve any communication. See proposed
                                              purpose unnecessary to the performance                                                                           Rule 9910.01; see also 5 CFR 2641.201(d)(2)
                                                                                                                                                               (definition of ‘‘appearance’’ in Rule 201 of the Post-
                                                                                                         5 See FINRA Rules 9141(c) and 9242(b).                Employment Conflict of Interest Restrictions under
                                                1 15 U.S.C. 78s(b)(1).                                   6 The proposed rule change also would adopt a         the Ethics in Government Act).
                                                2 17 CFR 240.19b–4.                                    new rule series title, specifically Rule Series 9900,      10 For purposes of this proposed rule, ‘‘employee’’
                                                3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                       Restrictions on Former FINRA Officers and               would include both officer and non-officer
                                                4 17 CFR 240.19b–4(f)(3).                              Employees; Nonpublic Information. See Exhibit 5.        employees. See proposed Rule 9910.03.



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                                              55782                    Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices

                                              SEC.11 This restriction would apply                     3. Two-Year Ban on ‘‘Switching Sides’’                  attorneys, any applicable state bar ethics
                                              even if the former officer never worked                 on Matters Within Former Employee’s                     rules.
                                              on or supervised the matter while                       Official Responsibility
                                                                                                                                                              4. Protection of Nonpublic Information
                                              employed by FINRA. This provision
                                              does not prohibit ‘‘behind-the-scenes                     The participation of a former
                                                                                                                                                                FINRA’s Code of Conduct prohibits
                                                                                                      employee in a matter that recently fell
                                              assistance’’ (i.e., assistance that does not                                                                    the use or disclosure of nonpublic
                                                                                                      within the employee’s official
                                              involve a communication to or                                                                                   information to anyone (including other
                                                                                                      responsibility at FINRA presents at least
                                              appearance before FINRA), subject to                                                                            FINRA employees) for any purpose
                                                                                                      an apparent conflict of interest and
                                              FINRA Rule 9910(d) and, with respect                                                                            unnecessary to the performance of an
                                                                                                      could undermine the public’s trust and
                                              to attorneys, any applicable state bar                                                                          employee’s duties, unless required by
                                                                                                      confidence in FINRA. Accordingly,
                                              ethics rules.                                                                                                   law or instructed to do so by an
                                                                                                      FINRA proposes to adopt the following
                                                                                                                                                              appropriate FINRA officer. All FINRA
                                              2. Adoption of a New Rule Provision                     rule provision: 14
                                                                                                                                                              employees are also bound by
                                              Prohibiting Subject Matter Conflicts                      For two years after his or her employment             confidentiality obligations through
                                                                                                      with FINRA terminates, no former employee               agreements entered in connection with
                                                The interaction of a former employee                  shall knowingly, with the intent to influence,          their employment. FINRA seeks to
                                              with FINRA Governors or employees in                    make any communication to or appearance                 further ensure that current employees
                                              a matter in which the former employee                   before a FINRA Governor or employee on                  do not use or disseminate nonpublic
                                              participated while at FINRA presents a                  behalf of any other person in connection with           FINRA information for a purpose
                                              potential conflict of interest and may                  a particular matter involving a specific party
                                                                                                                                                              unnecessary to the performance of
                                              undermine the public’s trust and                        or parties, in which FINRA is a party or has
                                                                                                                                                              FINRA job responsibilities, and that
                                              confidence in FINRA. Accordingly,                       a direct and substantial interest, and which
                                                                                                                                                              former employees do not use or
                                              FINRA proposes to adopt the following                   the former employee knows or reasonably
                                                                                                      should know was actually pending under the
                                                                                                                                                              disseminate nonpublic FINRA
                                              rule provision: 12                                                                                              information for any purpose, without
                                                                                                      former employee’s official responsibility,
                                                No former employee of FINRA shall                     within the one-year period prior to the                 authorization or unless the disclosure is
                                              knowingly, with the intent to influence,                termination of his or her employment with               required or protected by law, by
                                              make any communication to or appearance                 FINRA. A duly authorized FINRA officer may              proposing the following rule
                                              before a FINRA Governor or employee on                  grant reasonable exceptions and waivers from            provision: 17
                                              behalf of any other person in connection with           this prohibition consistent with the purposes             No current employee of FINRA may
                                              a particular matter involving a specific party          of the prohibition.                                     disseminate or disclose, for a purpose
                                              or parties, in which the former employee                                                                        unnecessary to the performance of FINRA job
                                              participated personally and substantially as              This restriction would be modeled on                  responsibilities, and no former employee of
                                              an employee, and in which FINRA is a party              Rule 202(a) of the Post-Employment                      FINRA may disseminate or disclose, for any
                                              or has a direct and substantial interest. A             Conflict of Interest Restrictions under                 purpose, any nonpublic information obtained
                                              duly authorized FINRA officer may grant                 the Ethics in Government Act.15 A                       in the course of his or her FINRA
                                              reasonable exceptions and waivers from this             matter could fall under the employee’s                  employment, unless expressly authorized by
                                              prohibition consistent with the purposes of             official responsibility if, for example,                FINRA. Nothing in this paragraph shall be
                                              the prohibition.                                        the employee had administrative or                      deemed to limit current or former employees
                                                                                                      operating authority, either alone or                    of FINRA from making any disclosures
                                                This provision is modeled on Rule                     through others, and either personally or                required or protected by law.
                                              201(a) of the Post-Employment Conflict                  through subordinates, to approve or
                                              of Interest Restrictions under the Ethics               disapprove an action in the matter.16                      This restriction would place a duty on
                                              in Government Act.13 The provision                      The provision would permit ‘‘behind                     current FINRA employees not to
                                              would permit ‘‘behind-the-scenes                        the scenes assistance,’’ subject to FINRA               disseminate or disclose, for a purpose
                                              assistance,’’ subject to FINRA Rule                     Rule 9910(d) and, with respect to                       unnecessary to the performance of
                                              9910(d) and, with respect to attorneys,                                                                         FINRA job responsibilities, and on
                                              any applicable state bar ethics rules.                    14 See  proposed Rule 9910(c).
                                                                                                                                                              former FINRA employees not to
                                                                                                        15 Rule  202(a) provides, ‘‘For two years after his   disseminate or disclose, for any
                                                11 Rule 204(a) provides, ‘‘For one year after his     Government service terminates, no former                purpose, nonpublic information
                                              service in a senior position terminates, no former
                                                                                                      employee shall knowingly, with the intent to            obtained in the course of their FINRA
                                                                                                      influence, make any communication to or                 employment, unless expressly
                                              senior employee may knowingly, with the intent to       appearance before an employee of the United States
                                              influence, make any communication to or                 on behalf of any other person in connection with        authorized by FINRA. The restriction
                                              appearance before an employee of an agency in           a particular matter involving a specific party or       would not limit current and former
                                              which he served in any capacity within the one-         parties, in which the United States is a party or has   employees from disclosing nonpublic
                                              year period prior to his termination from a senior      a direct and substantial interest, and which such       information obtained in the course of
                                              position, if that communication or appearance is        person knows or reasonably should know was
                                              made on behalf of any other person in connection        actually pending under his official responsibility      their employment with FINRA if the
                                              with any matter on which the former senior              within the one-year period prior to the termination     disclosure is required or protected by
                                              employee seeks official action by any employee of       of his Government service.’’ 5 CFR 2641.202(a).         law.
                                                                                                         16 Rule 202 provides extensive interpretations
                                              such agency.’’ 5 CFR 2641.204(a).
                                                12 See proposed Rule 9910(b).                         regarding the meaning of ‘‘official responsibility.’’      For example, this restriction would
                                                13 Rule 201(a) provides, ‘‘No former employee         Rule 202(j) provides, in part, ‘‘‘Official              not limit a current or former employee
                                              shall knowingly, with the intent to influence, make
                                                                                                      responsibility’ means the direct administrative or      from participating in an investigation
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                                                                                                      operating authority, whether intermediate or final,     conducted by a regulatory entity or
                                              any communication to or appearance before an
                                                                                                      and either exercisable alone or with others, and
                                              employee of the United States on behalf of any          either personally or through subordinates, to           government agency. Nor would this
                                              other person in connection with a particular matter     approve, disapprove, or otherwise direct                provision limit current or former
                                              involving a specific party or parties, in which he      Government action. Ordinarily, the scope of an          employees from making any disclosures
                                              participated personally and substantially as an         employee’s official responsibility is determined by
                                              employee, and in which the United States is a party
                                                                                                                                                              protected by whistleblower statutes.
                                                                                                      those functions assigned by statute, regulation,
                                              or has a direct and substantial interest.’’ 5 CFR       Executive order, job description, or delegation of
                                              2641.201(a).                                            authority.’’ 5 CFR 2641.202(j).                          17 See   proposed Rule 9910(d).



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                                                                          Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices                                            55783

                                              5. Exceptions, Waivers and Operative                      proposed rule would impose new                         Commission shall institute proceedings
                                              Dates                                                     restrictions on employees that are                     to determine whether the proposed rule
                                                 Paragraphs (a), (b) and (c) of proposed                terminating their employment with                      should be approved or disapproved.
                                              Rule 9910 allow a duly authorized                         FINRA by prohibiting them from
                                                                                                        making certain communications to or                    IV. Solicitation of Comments
                                              FINRA officer to grant reasonable
                                              exceptions and waivers from the                           appearances before FINRA over the                        Interested persons are invited to
                                              prohibitions consistent with their                        specified period after their employment                submit written data, views and
                                              purposes. A senior executive level                        with FINRA ends.                                       arguments concerning the foregoing,
                                              officer in its Office of General Counsel                    The primary benefit of this proposal
                                                                                                                                                               including whether the proposed rule
                                              whose responsibilities include                            would be to mitigate the conflicts of
                                                                                                                                                               change is consistent with the Act.
                                              interpreting and enforcing FINRA’s                        interest that may arise if a former FINRA
                                                                                                                                                               Comments may be submitted by any of
                                              Code of Conduct, including the Chief                      employee used influence resulting from
                                                                                                                                                               the following methods:
                                              Legal Officer, will serve as the duly                     his or her employment at FINRA on
                                              authorized officer for these purposes.                    behalf of another party. The proposal                  Electronic Comments
                                              Exceptions and waivers under                              also would reduce incentives for private
                                                                                                        employers to hire FINRA employees                        • Use the Commission’s internet
                                              paragraphs (a), (b), and (c) and
                                                                                                        potentially to influence matters in                    comment form (http://www.sec.gov/
                                              authorizations under paragraph (d)
                                                                                                        which the former FINRA employee had                    rules/sro.shtml); or
                                              typically will be granted in the rare
                                              instance that the prohibition conflicts                   direct or indirect responsibilities. In                  • Send an email to rule-comments@
                                              with other law.                                           addition, the proposal would help                      sec.gov. Please include File Number SR–
                                                 FINRA has filed the proposed rule                      ensure that current and former FINRA                   FINRA–2018–037 on the subject line.
                                              change for immediate effectiveness. The                   employees do not misuse nonpublic
                                              operative date of paragraphs (b), (c) and                 FINRA information.                                     Paper Comments
                                              (d) of proposed FINRA Rule 9910 will                        The primary cost of this proposal
                                                                                                        would be to reduce the value of a                        • Send paper comments in triplicate
                                              be December 3, 2018. The operative date                                                                          to Secretary, Securities and Exchange
                                              of paragraph (a) of proposed FINRA                        FINRA employee to a new employer,
                                                                                                        especially if the new employer valued                  Commission, 100 F Street NE,
                                              Rule 9910 will be April 1, 2019.                                                                                 Washington, DC 20549–1090.
                                                                                                        the employee’s experience in a
                                              2. Statutory Basis                                        particular area that could lead to a                   All submissions should refer to File
                                                 FINRA believes that the proposed rule                  conflict of interest. However, this                    Number SR–FINRA–2018–037. This file
                                              change is consistent with the provisions                  proposal does not affect the employee’s                number should be included on the
                                              of Section 15A(b)(6) of the Act,18 which                  ability to provide ‘‘behind the scenes                 subject line if email is used. To help the
                                              requires, among other things, that                        assistance’’ that does not involve the use             Commission process and review your
                                              FINRA rules must be designed to                           or dissemination of nonpublic                          comments more efficiently, please use
                                              prevent fraudulent and manipulative                       information obtained in the course of                  only one method. The Commission will
                                              acts and practices, to promote just and                   his or her employment with FINRA,                      post all comments on the Commission’s
                                              equitable principles of trade, and, in                    mitigating the cost to the FINRA                       internet website (http://www.sec.gov/
                                              general, to protect investors and the                     employee and the future employer.                      rules/sro.shtml). Copies of the
                                              public interest, and Section 15A(b)(9),19                 Further, FINRA believes that the                       submission, all subsequent
                                              which requires that FINRA rules not                       benefits to investors and the public                   amendments, all written statements
                                              impose any burden on competition that                     associated with this proposal justify                  with respect to the proposed rule
                                              is not necessary or appropriate. FINRA                    these costs.                                           change that are filed with the
                                              believes that the proposed rule changes                                                                          Commission, and all written
                                              will provide greater assurance to the                     C. Self-Regulatory Organization’s
                                                                                                        Statement on Comments on the                           communications relating to the
                                              industry and investors that FINRA                                                                                proposed rule change between the
                                              officers and employees will avoid actual                  Proposed Rule Change Received From
                                                                                                        Members, Participants, or Others                       Commission and any person, other than
                                              or potential conflicts of interest when                                                                          those that may be withheld from the
                                              their employment with FINRA                                 Written comments were neither                        public in accordance with the
                                              terminates, and that current and former                   solicited nor received.                                provisions of 5 U.S.C. 552, will be
                                              employees will maintain the                               III. Date of Effectiveness of the                      available for website viewing and
                                              confidentiality of nonpublic FINRA                        Proposed Rule Change and Timing for                    printing in the Commission’s Public
                                              information. Paragraphs (a) through (c)                   Commission Action                                      Reference Room, 100 F Street NE,
                                              of the proposed rule also will better                                                                            Washington, DC 20549 on official
                                              align FINRA’s conflict of interest rules                     The foregoing rule change has become
                                                                                                        effective pursuant to Section 19(b)(3)(A)              business days between the hours of
                                              with those of the SEC. As with the SEC                                                                           10:00 a.m. and 3:00 p.m. Copies of the
                                              conflicts rules, FINRA believes that the                  of the Act 20 and paragraph (f)(3) of Rule
                                                                                                        19b–4 thereunder.21 At any time within                 filing also will be available for
                                              proposed rules will help instill greater                                                                         inspection and copying at the principal
                                              confidence in FINRA.                                      60 days of the filing of the proposed rule
                                                                                                        change, the Commission summarily may                   office of FINRA. All comments received
                                              B. Self-Regulatory Organization’s                         temporarily suspend such rule change if                will be posted without change. Persons
                                              Statement on Burden on Competition                        it appears to the Commission that such                 submitting comments are cautioned that
                                                FINRA does not believe that the                         action is necessary or appropriate in the              we do not redact or edit personal
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                                              proposed rule change will result in any                   public interest, for the protection of                 identifying information from comment
                                              burden on competition that is not                         investors, or otherwise in furtherance of              submissions. You should submit only
                                              necessary or appropriate in furtherance                   the purposes of the Act. If the                        information that you wish to make
                                              of the purposes of the Act. The                           Commission takes such action, the                      available publicly. All submissions
                                                                                                                                                               should refer to File Number SR–FINRA–
                                                18 15   U.S.C. 78o–3(b)(6).                               20 15   U.S.C. 78s(b)(3)(A).                         2018–037 and should be submitted on
                                                19 15   U.S.C. 78o–3(b)(9).                               21 17   CFR 240.19b–4(f)(3).                         or before November 28, 2018.


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                                              55784                      Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices

                                                For the Commission, by the Division of                  Information Program; (8) a proposed                     Dated: November 1, 2018.
                                              Trading and Markets, pursuant to delegated                consumptive use mitigation project                    Stephanie L. Richardson,
                                              authority.22                                              located in Conoy Township, Lancaster                  Secretary to the Commission.
                                              Eduardo A. Aleman,                                        County, Pa. and associated water supply               [FR Doc. 2018–24373 Filed 11–6–18; 8:45 am]
                                              Assistant Secretary.                                      agreement with the Lancaster County                   BILLING CODE 7040–01–P
                                              [FR Doc. 2018–24306 Filed 11–6–18; 8:45 am]               Solid Waste Management Authority; (9)
                                              BILLING CODE 8011–01–P                                    potential request for waiver of 18 CFR
                                                                                                        806.31(e) as it pertains to submittal of              DEPARTMENT OF TRANSPORTATION
                                                                                                        renewal application for a groundwater
                                              SUSQUEHANNA RIVER BASIN                                   withdrawal approval; and (10)                         Pipeline and Hazardous Materials
                                              COMMISSION                                                Regulatory Program projects. The                      Safety Administration
                                                                                                        revised projects scheduled for action are
                                              Commission Meeting; Correction                            as follows:                                           Hazardous Materials: Notice of
                                                                                                                                                              Applications for Special Permits
                                              AGENCY: Susquehanna River Basin                              11. Project Sponsor and Facility: East
                                              Commission.                                               Cocalico Township Authority, East                     AGENCY:  Pipeline and Hazardous
                                              ACTION: Notice; correction.                               Cocalico Township, Lancaster County,                  Materials Safety Administration
                                                                                                        Pa. Application for renewal of                        (PHMSA), DOT.
                                              SUMMARY:    The Susquehanna River Basin                   groundwater withdrawal of up to 0.045                 ACTION: List of applications for special
                                              Commission will hold its regular                          mgd (30-day average) from Well 10                     permits.
                                              business meeting on December 6, 2018,                     (Docket No. 19890101).
                                              in Harrisburg, Pennsylvania. Details                                                                            SUMMARY:    In accordance with the
                                              concerning the matters to be addressed                       12. Project Sponsor and Facility: East             procedures governing the application
                                              at the business meeting are contained in                  Cocalico Township Authority, East                     for, and the processing of, special
                                              the Supplementary Information section                     Cocalico Township, Lancaster County,                  permits from the Department of
                                              of this notice. Also the Commission                       Pa. Application for renewal of                        Transportation’s Hazardous Material
                                              published a document in the Federal                       groundwater withdrawal of up to 0.059                 Regulations, notice is hereby given that
                                              Register of October 3, 2018 (83 FR                        mgd (30-day average) from Well 9                      the Office of Hazardous Materials Safety
                                              49969), concerning its public hearing on                  (Docket No. 19890101).                                has received the application described
                                              November 1, 2018, in Harrisburg,                             Regulatory Program projects and the                herein. Each mode of transportation for
                                              Pennsylvania. The document was                            consumptive use mitigation project                    which a particular special permit is
                                              revised to update the projects scheduled                  listed for Commission action were those               requested is indicated by a number in
                                              for action items #11 and #12, also                        that were the subject of public hearings              the ‘‘Nature of Application’’ portion of
                                              contained below in the SUPPLEMENTARY                      conducted by the Commission on                        the table below as follows: 1—Motor
                                              INFORMATION section of this notice.                       November 1, 2018, and August 2, 2018,                 vehicle, 2—Rail freight, 3—Cargo vessel,
                                              DATES: The meeting will be held on                        respectively, and identified in the                   4—Cargo aircraft only, 5—Passenger-
                                              Thursday, December 6, 2018, at 9 a.m.                     notices for such hearings, which were                 carrying aircraft.
                                              ADDRESSES: The meeting will be held at                    published in 83 FR 49969, October 3,                  DATES: Comments must be received on
                                              the Susquehanna River Basin                               2018, and 83 FR 31439, July 5, 2018,                  or before December 7, 2018.
                                              Commission, Susquehanna Conference                        respectively.                                         ADDRESSES: Record Center, Pipeline and
                                              Room, 4423 N Front Street, Harrisburg,                                                                          Hazardous Materials Safety
                                                                                                           The public is invited to attend the
                                              PA 17110.                                                                                                       Administration, U.S. Department of
                                                                                                        Commission’s business meeting.
                                              FOR FURTHER INFORMATION CONTACT: Ava                                                                            Transportation, Washington, DC 20590.
                                                                                                        Comments on the Regulatory Program
                                              Stoops, Administrative Specialist, 717–                                                                            Comments should refer to the
                                                                                                        projects and the consumptive use                      application number and be submitted in
                                              238–0423, ext. 1302.                                      mitigation project were subject to
                                              SUPPLEMENTARY INFORMATION: The
                                                                                                                                                              triplicate. If confirmation of receipt of
                                                                                                        deadline of November 13, 2018, and                    comments is desired, include a self-
                                              business meeting will include actions or                  August 13, 2018, respectively. Written
                                              presentations on the following items: (1)                                                                       addressed stamped postcard showing
                                                                                                        comments pertaining to other items on                 the special permit number.
                                              Informational presentation of interest to                 the agenda at the business meeting may
                                              the lower Susquehanna River region; (2)                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                        be mailed to the Susquehanna River
                                              consideration of a resolution outlining                                                                         Ryan Paquet, Director, Office of
                                                                                                        Basin Commission, 4423 North Front                    Hazardous Materials Approvals and
                                              the Auxiliary Powers of the Commission                    Street, Harrisburg, Pennsylvania 17110–
                                              under Section 15.1 of the Compact; (3)                                                                          Permits Division, Pipeline and
                                                                                                        1788, or submitted electronically                     Hazardous Materials Safety
                                              resolution adopting FY2018 audit
                                                                                                        through www.srbc.net/about/meetings-                  Administration, U.S. Department of
                                              report; (4) ratification/approval of
                                                                                                        events/business-meeting.html. Such                    Transportation, East Building, PHH–30,
                                              contracts/grants; (5) a report on
                                                                                                        comments are due to the Commission                    1200 New Jersey Avenue Southeast,
                                              delegated settlements; (6) settlement
                                              agreement from EQT Production                             on or before November 30, 2018.                       Washington, DC 20590–0001, (202) 366–
                                              Company for violation of passby flow                      Comments will not be accepted at the                  4535.
                                              conditions; (7) resolution concerning                     business meeting noticed herein.                      SUPPLEMENTARY INFORMATION: Copies of
                                              FY2020 federal funding of the                               Authority: Pub. L. 91–575, 84 Stat. 1509 et         the applications are available for
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                                              Groundwater and Streamflow                                seq., 18 CFR parts 806, 807, and 808.                 inspection in the Records Center, East




                                                22 17   CFR 200.30–3(a)(12).



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Document Created: 2018-11-07 00:05:22
Document Modified: 2018-11-07 00:05:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 55781 

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