Federal Regulatory Agencies
News releases, reports, statements and associated documents from federal regulatory agencies ranging from the Securities Exchange Commission to the Commodities Futures Trading Commission
Featured Stories
SEC Proposes Amendments to Exemptive Applications Procedures
WASHINGTON, Oct. 18 -- The Securities and Exchange Commission issued the following news release:
The Securities and Exchange Commission today announced that it has voted to propose rule amendments to establish an expedited review procedure for applications under the Investment Company Act that are substantially identical to recent precedent, as well as a new informal internal procedure for applications that would not qualify for the new expedited process. The proposed actions are intended to make the application process more efficient as well as to provide additional certainty and transparency
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WASHINGTON, Oct. 18 -- The Securities and Exchange Commission issued the following news release:
The Securities and Exchange Commission today announced that it has voted to propose rule amendments to establish an expedited review procedure for applications under the Investment Company Act that are substantially identical to recent precedent, as well as a new informal internal procedure for applications that would not qualify for the new expedited process. The proposed actions are intended to make the application process more efficient as well as to provide additional certainty and transparencyto the process. The Commission also announced its intention that the staff of the Division of Investment Management begin publicly disseminating comments on applications and responses to those comments.
"I am pleased that our staff in the Division of Investment Management continues to look for ways to modernize and make our regulations more efficient," said SEC Chairman Jay Clayton. "These proposals will improve transparency, reduce costs for applicants, and free up staff resources."
The proposal will have a 30-day comment period following its publication in the Federal Register.
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FACT SHEET
Amendments to Procedures With Respect to Applications Under the Investment Company Act of 1940
The Commission regularly receives applications seeking orders for exemptions or other relief for funds under the Investment Company Act. For example, many funds have historically required an exemption in order to operate, such as exchange-traded funds, and other funds have sought exemptive relief in order to operate in a more efficient and less costly manner. Rule 0-5 under the Act sets forth the procedure for applications seeking such exemptive orders. Granting appropriate exemptions from the Act can provide important economic benefits to funds and their shareholders, foster financial innovation, and increase the diversity of opportunities for investors.
The SEC has proposed amendments to rule 0-5 to, among other things, establish an expedited review procedure for certain applications and establish an internal timeframe for review of applications outside of the expedited procedure. The proposed amendments are intended to grant relief as efficiently and quickly as possible, while also ensuring that applications continue to be carefully analyzed consistent with the relevant statutory standards. A more efficient application process would allow applicants to realize the benefits of relief more quickly than otherwise would be the case; and fund shareholders would generally share in these benefits. The proposed expedited review procedure would also make the applications process less expensive for applicants, and would ensure that Commission staff could devote additional resources to the review of more novel requests.
Highlights:
* Proposed amendments to rule 0-5 under the Investment Company Act would establish an expedited review procedure for routine applications that are substantially identical to recent precedent.
* Expedited review would be available if the application is substantially identical to two other applications for which an order granting the relief has been issued within two years of the date of the application's initial filing.
* Notice for an application filed under expedited review would be issued no later than 45 days from the date of filing unless applicants are not qualified under the rules or if the staff believes comments are necessary.
* Proposed amendments to rule 0-5 under the Act would deem an application outside of expedited review withdrawn when the applicant does not respond to comments from SEC staff within 120 days.
* Proposed new rule 17 CFR 202.13 would establish an internal timeframe for staff to take action on applications outside of expedited review within 90 days of the initial filing and amendments thereto.
* The proposal also announces plans for staff of the Division of Investment Management to publicly disseminate staff comments on applications, and responses to those comments, no later than 120 days after the final disposition of an application, similar to the current policy of Division of Investment Management's Disclosure office in reviewing registration statement filings.
Pei Wei Fresh Kitchen Sued by EEOC for Sexual Harassment of Teens and Young Adults
LITTLE ROCK, Arkansas, Oct. 18 -- The Equal Employment Opportunity Commission issued the following news release:
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- Restaurant Tolerated a Sexually Hostile Work Environment, Federal Agency Charges
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Pei Wei Asian Diner, LLC, doing business as Pei Wei Fresh Kitchen in Little Rock Ark., violated federal law when it subjected a class of female teens and young adults to sexual harassment and a sexually hostile work environment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today. The sexual harassment, committed by the male general manager and the
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LITTLE ROCK, Arkansas, Oct. 18 -- The Equal Employment Opportunity Commission issued the following news release:
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- Restaurant Tolerated a Sexually Hostile Work Environment, Federal Agency Charges
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Pei Wei Asian Diner, LLC, doing business as Pei Wei Fresh Kitchen in Little Rock Ark., violated federal law when it subjected a class of female teens and young adults to sexual harassment and a sexually hostile work environment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today. The sexual harassment, committed by the male general manager and themale kitchen manager, forced two of the discrimination victims to resign, the EEOC said.
According to the EEOC's lawsuit, the company had notice of the general manager's conduct by at least early 2016; however, he continued to harass the young female employees through early December 2017. In spite of receiving sexual harassment complaints against both managers, the company allowed the managers' harassment to go unchecked, the EEOC charged.
Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the Eastern District of Arkansas Western Division, Civil Action No. 4:19-cv-00718, after first attempting to reach a pre-litigation settlement through its conciliation process. The suit seeks monetary relief in the form of back pay, compensatory and punitive damages, compensation for lost benefits, and an injunction against future discrimination.
"Sexual harassment of young females in the restaurant industry remains a serious problem," said Delner Franklin-Thomas, district director of the EEOC's Memphis District, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi. "The EEOC's suit seeks to rectify that problem."
The EEOC's Youth@Work website (at http://www.eeoc.gov/youth/ ) presents information for teens and other young workers about employment discrimination, including curriculum guides for students and teachers and videos to help young workers learn about their rights and responsibilities.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at http://www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates. (https://public.govdelivery.com/accounts/USEEOC/subscriber/new)
NRC Receives Event Notification Involving Barretts Minerals
WASHINGTON, Oct. 18 -- The Nuclear Regulatory Commission issued the following event notification (No. 54321) involving Barretts Minerals, Dillon, Montana:
SAFETY EQUIPMENT FAILURE - STUCK SHUTTER
On September 25, 2019, at approximately 0800 MDT, while preparing to perform electrical maintenance on a density gauge, the shutter on the gauge was found stuck in the open (normal) position. Upon contacting Berthold, the device manufacturer, the licensee was instructed to contact the NRC to make this notification.
The source is a Cs-137, 20 mCi source, S/N 846, manufactured in March of 1990. There
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WASHINGTON, Oct. 18 -- The Nuclear Regulatory Commission issued the following event notification (No. 54321) involving Barretts Minerals, Dillon, Montana:
SAFETY EQUIPMENT FAILURE - STUCK SHUTTER
On September 25, 2019, at approximately 0800 MDT, while preparing to perform electrical maintenance on a density gauge, the shutter on the gauge was found stuck in the open (normal) position. Upon contacting Berthold, the device manufacturer, the licensee was instructed to contact the NRC to make this notification.
The source is a Cs-137, 20 mCi source, S/N 846, manufactured in March of 1990. Thereis no additional exposure to plant personnel or the public due to the position of the shutter. Berthold is scheduled to replace the shield on October 29, 2019.
Non-Agreement State
Rep Org: BARRETTS MINERALS
Licensee: BARRETTS MINERALS
Region: 4
City: DILLON
State: MT
County:
License #: GL-60060
Agreement: N
Docket:
NRC Notified By: ROBERT REAP
HQ OPS Officer: BETHANY CECERE
Emergency Class: NON EMERGENCY
10 CFR Section:
30.50(b)(2) - SAFETY EQUIPMENT FAILURE
Event Number: 54321
Notification Date: 10/10/2019
Notification Time: 11:27 [ET]
Event Date: 09/25/2019
Event Time: 08:00 [MDT]
Last Update Date: 10/10/2019
Person (Organization):
RAY KELLAR (R4DO)
NMSS_EVENTS_NOTIFICATION (EMAIL)
FERC Issues Weekly Digest for Oct. 14-18, 2019
WASHINGTON, Oct. 18 -- The Federal Election Commission issued the following weekly digest:
Commission meetings and hearings
No open meetings or executive sessions were scheduled this week.
Litigation
Campaign Legal Center, et al. v. FEC (http://transition-stage.fec.gov/law/litigation/clc_192336.shtml) (Case No. 19-2336) On October 1, Hillary for America and Correct the Record filed a Motion to Intervene as Defendants (https://www.fec.gov/resources/cms-content/documents/clc_192336_mot_intervene.pdf) in the U.S. District Court for the District of Columbia. On October 15, Plaintiffs filed an Opposition
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WASHINGTON, Oct. 18 -- The Federal Election Commission issued the following weekly digest:
Commission meetings and hearings
No open meetings or executive sessions were scheduled this week.
Litigation
Campaign Legal Center, et al. v. FEC (http://transition-stage.fec.gov/law/litigation/clc_192336.shtml) (Case No. 19-2336) On October 1, Hillary for America and Correct the Record filed a Motion to Intervene as Defendants (https://www.fec.gov/resources/cms-content/documents/clc_192336_mot_intervene.pdf) in the U.S. District Court for the District of Columbia. On October 15, Plaintiffs filed an Opposition(https://www.fec.gov/resources/cms-content/documents/clc_192336_clc_opp_mot_intervene.pdf) to Hillary for America and Correct the Record's Motion to Intervene in the District Court.
Upcoming Commission meetings
October 22: The Commission is scheduled to meet in executive session. (https://www.fec.gov/resources/cms-content/documents/Sunshine_Act_Notice_October_22_2019_ES.pdf)
Upcoming reporting due dates
October 20: October Monthly reports are due. For more information on monthly reporting dates, refer to the 2019 Monthly Reporting page of the Commission website. (https://www.fec.gov/help-candidates-and-committees/dates-and-deadlines/2019-reporting-dates/2019-monthly-filers/)
Upcoming educational programs
On October 29-30, the Commission will host a Regional Conference in San Diego, CA (https://www.fec.gov/help-candidates-and-committees/trainings/2019_sandiego_conference/) for candidates, political parties, and political action committees.
On November 20, the Commission will host a webinar (https://www.fec.gov/updates/fec-host-webinar-party-activity-presidential-election-cycle/) on political party activity during the presidential election cycle.
Additional research materials
FEC Notify (https://fecnotify.fec.gov/fecnotify/login/): Want to be notified by email when campaign finance reports are received by the agency? Sign up here. (https://fecnotify.fec.gov/fecnotify/login/)
Additional research materials about the agency, campaign finance information, and election results are available through the Library section of the Commission website. (https://transition.fec.gov/general/library.shtml)
Printed copies of the 2019 edition of Title 11 of the Code of Federal Regulations (CFR) (https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title11/11cfrv1_02.tpl) are available. Contact the Commission's Information Division at (202) 694-1100 or (800) 424-9530 (press 6, when prompted) to order printed copies of the CFR at no charge. You may also email the Information Division to place an order at info@fec.gov.
The 2019 Combined Federal State Disclosure and Election Directory is available (https://www.fec.gov/introduction-campaign-finance/how-to-research-public-records/combined-federalstate-disclosure-and-election-directory/). This publication identifies the federal and state agencies responsible for the disclosure of campaign finances, lobbying, personal finances, public financing, candidates on the ballot, election results, spending on state initiatives and other financial filings. To order a printed copy, please contact the FEC's Public Records Office at 800/424-9530 (option 2) or 202/694-1120, or send an email to pubrec@fec.gov.
Federal Elections 2016: Election Results for the U.S. President, the U.S. Senate and the U.S. House of Representatives is available (https://transition.fec.gov/general/FederalElections2016.shtml). The data was compiled from the official vote totals published by state election offices. To order a printed copy, please contact the FEC's Public Records Office at 800/424-9530 (option 2) or 202/694-1120, or send an email to pubrec@fec.gov.
The FEC Record is available as a continuously updated online news source. (https://www.fec.gov/updates/?update_type=fec-record)
Join the FEC on Twitter and YouTube
Follow @FEC on Twitter to receive the latest information on agency updates, news releases, and weekly activity. Subscribe to our YouTube channel, FECTube: FECConnect on Demand (https://www.youtube.com/user/FECTube), to watch instructional videos that have been designed to help candidates and committees comply with federal campaign finance laws. Note that the FEC is not currently available through other social media platforms at this time. The use of the agency's logo, name, and likeness on other media has not been authorized by the FEC.
FDIC and Fed Request Information on the Use and Impact of CAMELS Ratings
WASHINGTON, Oct. 18 -- The Federal Deposit Insurance Corporation issued the following news release:
In keeping with ongoing initiatives to increase transparency and improve efficiency, the Federal Deposit Insurance Corporation and Federal Reserve Board are inviting public comment on their use of the Uniform Financial Institutions Rating System, also known as the CAMELS rating system.
The agencies seek comments on the consistency of ratings assigned under the CAMELS system. The agencies are also interested in comments concerning how they use CAMELS ratings in enforcement actions and in reviewing
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WASHINGTON, Oct. 18 -- The Federal Deposit Insurance Corporation issued the following news release:
In keeping with ongoing initiatives to increase transparency and improve efficiency, the Federal Deposit Insurance Corporation and Federal Reserve Board are inviting public comment on their use of the Uniform Financial Institutions Rating System, also known as the CAMELS rating system.
The agencies seek comments on the consistency of ratings assigned under the CAMELS system. The agencies are also interested in comments concerning how they use CAMELS ratings in enforcement actions and in reviewingbank applications.
The agencies' outreach on CAMELS ratings is consistent with their commitment to provide opportunities for public feedback on issues affecting supervised institutions.
Because comments will be made public, submitters should not include confidential rating and examination information. Comments will be accepted for 60 days after publication of the agencies' request for information in the Federal Register.
Attachment: Request for Information on Application of the Uniform Financial Institutions Rating System (https://www.fdic.gov/news/news/press/2019/pr19092a.pdf)
FCC Media Bureau Issues Order on Low Power FM Radio Service Technical Rules
WASHINGTON, Oct. 18 -- The Federal Communications Commission's Media Bureau issued the following order (MB Docket Nos. 19-193 and 17-105):
In the Matter of Amendments of Parts 73 and 74 to Improve the Low Power FM Radio Service Technical Rules
Modernization of Media Regulation Initiative
ORDER
Adopted: October 17, 2019
Released: October 18, 2019
By the Chief, Media Bureau:
1. By this Order, the Media Bureau denies the request of REC Networks (REC) to extend the deadlines for comments and reply comments in the above-captioned rulemaking proceeding./1
2. On July 30, 2019, the Commission released
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WASHINGTON, Oct. 18 -- The Federal Communications Commission's Media Bureau issued the following order (MB Docket Nos. 19-193 and 17-105):
In the Matter of Amendments of Parts 73 and 74 to Improve the Low Power FM Radio Service Technical Rules
Modernization of Media Regulation Initiative
ORDER
Adopted: October 17, 2019
Released: October 18, 2019
By the Chief, Media Bureau:
1. By this Order, the Media Bureau denies the request of REC Networks (REC) to extend the deadlines for comments and reply comments in the above-captioned rulemaking proceeding./1
2. On July 30, 2019, the Commission releaseda Notice of Proposed Rulemaking (NPRM) seeking comments on proposed improvements to the technical rules for the Low Power FM (LPFM) radio service./2 On September 19, 2019, a summary of the NPRM was published in the Federal Register, which established a comment deadline of October 21, 2019, and a reply comment deadline of November 4, 2019./3 The Media Bureau (Bureau) further announced those dates by Public Notice on September 27, 2019./4
3. REC, the original proponent of the LPFM rulemaking proceeding, filed a motion to extend the comment and reply comment deadlines by 14 days each -- to November 4, 2019 and November 18, 2019, respectively. In support of its Extension Request, REC states that: (1) adoption of the NPRM received less media coverage than expected because the item was adopted by circulation whereas it had originally been scheduled to be voted at an August 1, 2019 agenda meeting; (2) the Bureau's public notice announcing the comment dates was not issued until eight days following Federal Register publication and appeared late in the day as a Daily Digest addendum; (3) LPFM stakeholders have been busy attending the National Association of Broadcasters Radio Show (Sept. 24-26 in Dallas, TX) and the Grassroots Radio Conference (Oct. 4-6 in Rochester, NY); (4) several matters discussed in the NPRM are complex and/or require additional analysis; (5) many potential commenters are not represented by counsel and may not have received adequate notice and/or time to respond; and (6) many of the proposals in the NPRM would not be implemented until a future application filing window and, thus, would not be delayed by a two-week extension.
4. Under Section 1.46(a) of the Commission's rules, "extensions of time shall not be routinely granted."/5 Motions for extensions in rulemaking proceedings must be submitted at least seven days before the filing date, with limited exceptions in emergencies./6 REC's late-filed Extension Request, which was submitted only five days before the comment deadline, does not present any emergency or other persuasive reason for extending the comment deadlines. The circumstances identified by REC are not sufficiently unique or unusual to warrant deviation from established filing deadlines.
5. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C. Sec.Sec. 154(i) and 154(j), and sections 0.61, 0.283, and 1.46 of the Commission's rules, 47 CFR Sec.Sec. 0.61, 0.283, and 1.46, the motion for extension of time filed by REC Networks IS DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Michelle M. Carey
Chief, Media Bureau
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1/ REC Networks, Motion for Extension of Time, MB Docket Nos. 19-193, 17-105 (rec. Oct. 16, 2019) (Extension Request).
2/ See Amendments of Parts 73 and 74 to Improve the Low Power FM Radio Service Technical Rules, Notice of Proposed Rulemaking, MB Docket Nos. 19-193, 17-105 (rel. July 30, 2019).
3/ Federal Communications Commission, Low Power FM Radio Service Technical Rules, 84 Fed. Reg. 49205 (Sept. 19, 2019). Comment were to be due 30 days from publication in the Federal Register and reply comments due 45 days from publication in the Federal Register. The thirtieth day from publication, October 20, 2019, is a Sunday so comments are due the next business day, Monday October 21, 2019.
4/ See Media Bureau Announces Comment Dates for LPFM Technical Rules Notice of Proposed Rulemaking, Public Notice, MB Docket No. 19-193, (rel. Sept. 27, 2019).
5/ 47 CFR Sec. 1.46(a).
6/ Id. Sec. 1.46(b).
ASICS America Corporation Sued by EEOC for Disability Discrimination
BYHALIA, Mississippi, Oct. 18 -- The Equal Employment Opportunity Commission issued the following news release:
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- Athletic Apparel Manufacturer Fired Temporary Employee Because of Her Disabilities, Federal Agency Charges
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ASICS America Corporation (ASICS), a manufacturer of athletic footwear and accessories, violated federal law by firing a temporary worker because of her disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC's suit, on or about the first week in March of 2015, a temporary staffing agency assigned
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BYHALIA, Mississippi, Oct. 18 -- The Equal Employment Opportunity Commission issued the following news release:
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- Athletic Apparel Manufacturer Fired Temporary Employee Because of Her Disabilities, Federal Agency Charges
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ASICS America Corporation (ASICS), a manufacturer of athletic footwear and accessories, violated federal law by firing a temporary worker because of her disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC's suit, on or about the first week in March of 2015, a temporary staffing agency assignedShelby Orsburn, who has hearing and speech impairments, to work at ASICS's warehouse distribution center in Byhalia, Mississippi. The lawsuit further alleges that after Orsburn completed an orientation meeting and a video, members of ASICS's human resources department told Orsburn that the company could not employ her because of her impairments. They said it was unsafe for her to work in the facility due to her disabilities and sent her home. The EEOC charges that ASICS failed to engage in the interactive process with Orsburn to determine whether she could fulfill the essential functions of the position.
Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit in the U.S. District Court for the Northern District of Mississippi, Oxford Division, Civil Action No. 3:19-cv-00227, after first attempting to reach a pre-litigation settlement through its conciliation process. The suit seeks monetary relief in the form of compensatory and punitive damages, backpay, as well as an injunction against future discrimination.
"Failing to engage in the interactive process with a disabled employee is illegal," said Delner Franklin-Thomas, district director of the EEOC's Memphis District Office, which has jurisdiction over Arkansas, Tennessee, and portions of Mississippi. "The EEOC will continue to hold employers accountable for failing to protect employees from unlawful discrimination."
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at http://www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates. (https://public.govdelivery.com/accounts/USEEOC/subscriber/new)
