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
NRC Issues Event Notification for NRD, Grand Island, N.Y.
WASHINGTON, Dec. 1 -- The Nuclear Regulatory Commission issued the following event notification (No. 56869) involving NRD LLC, Grand Island, New York:
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Rep Org: New York State Dept. of Health
Licensee: NRD, LLC
Region: 1
City: Grand Island
State: NY
License #: NYSDOH C1391
Agreement: Y
NRC Notified By: Daniel Samson
HQ OPS Officer: Karen Cotton-Gross
Notification Date: 11/22/2023
Notification Time: 12:17 [ET]
Event Date: 11/19/2023
Event Time: 00:00 [EST]
Last Update Date: 11/22/2023
Emergency Class: Non Emergency
10 CFR Section:
Agreement State
Person (Organization): Schroeder,
... Show Full Article
WASHINGTON, Dec. 1 -- The Nuclear Regulatory Commission issued the following event notification (No. 56869) involving NRD LLC, Grand Island, New York:
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Rep Org: New York State Dept. of Health
Licensee: NRD, LLC
Region: 1
City: Grand Island
State: NY
License #: NYSDOH C1391
Agreement: Y
NRC Notified By: Daniel Samson
HQ OPS Officer: Karen Cotton-Gross
Notification Date: 11/22/2023
Notification Time: 12:17 [ET]
Event Date: 11/19/2023
Event Time: 00:00 [EST]
Last Update Date: 11/22/2023
Emergency Class: Non Emergency
10 CFR Section:
Agreement State
Person (Organization): Schroeder,Dan (R1DO)
NMSS_EVENTS_NOTIFICATION (EMAIL)
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AGREEMENT STATE REPORT - POTENTIAL OVEREXPOSURE
The following information was provided by the New York State Department of Health (the Department) via email:
"New York State (NYS) Department of Heath received an email from the radiation safety officer (RSO) of NRD, LLC regarding an employee entering a restricted zone (Silver Recovery) without use of proper personal protective equipment (PPE) and respiratory protection on Sunday, November 19, 2023. Staff at NRD were made aware of this on November 20, 2023, at 1145 EST. The individual entered the restricted area to conduct non-authorized work, which was performed for 20 minutes in a 12 DAC-hr environment based on continual air monitor (CAM) readings at this time. The individual did not wear proper respiratory equipment, nor did they use a personal (lapel) air sampler, which is a PPE requirement for this zone. The individual later donned proper PPE and respiratory protection and continued to work for a total working time of 2 hours. The nature of work that was being conducted is unknown by the Department at this time.
"As the individual did not perform nasal swabs or have personnel air monitoring estimated doses were assumed using the 12 derived air concentration-hour (DAC-hr) environments based on the CAM. The assumptions in preliminary calculations assume a 2-hour working time to be conservative, which shows 24 DAC Hours (2 percent) of intake for the most limiting isotope (Am-241). Individual has been placed on bioassay urine collection and has had authorizations and security removed. NRD will be notifying the Department of these results and more information as it becomes available. This worker has received one bioassay for urinalysis and has been terminated from employment by NRD, LLC.
"NRD, LLC contacted the Radiation Emergency Assistance Center/Training Site (REAC/TS) regarding this event as a precaution to inquire on the potential supply of Diethylenetriamine pentaacetate (DTPA) for chelation therapy. The affected individual involved in this event has apparently refused to cooperate with REAC/TS. The results of this bioassay will be used to determine if an overexposure event has occurred for this individual where possible."
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Original text here: https://www.nrc.gov/reading-rm/doc-collections/event-status/event/2023/20231130en.html#en56869
NRC Issues Event Notification for Medi+Physics, Memphis, Tenn.
WASHINGTON, Dec. 1 -- The Nuclear Regulatory Commission issued the following event notification (No. 56871) involving G.E. Healthcare dba Medi+Physics, Memphis, Tennessee:
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Rep Org: Illinois Emergency Mgmt. Agency
Licensee: G.E. Healthcare DBA/ Medi+Physics
Region: 1
City: Memphis
State: TN
License #: IL-01109-01
Agreement: Y
NRC Notified By: Gary Forsee
HQ OPS Officer: Ernest West
Notification Date: 11/22/2023
Notification Time: 16:41 [ET]
Event Date: 11/21/2023
Event Time: 00:00 [EST]
Last Update Date: 11/22/2023
Emergency Class: Non Emergency
10 CFR Section:
Agreement
... Show Full Article
WASHINGTON, Dec. 1 -- The Nuclear Regulatory Commission issued the following event notification (No. 56871) involving G.E. Healthcare dba Medi+Physics, Memphis, Tennessee:
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Rep Org: Illinois Emergency Mgmt. Agency
Licensee: G.E. Healthcare DBA/ Medi+Physics
Region: 1
City: Memphis
State: TN
License #: IL-01109-01
Agreement: Y
NRC Notified By: Gary Forsee
HQ OPS Officer: Ernest West
Notification Date: 11/22/2023
Notification Time: 16:41 [ET]
Event Date: 11/21/2023
Event Time: 00:00 [EST]
Last Update Date: 11/22/2023
Emergency Class: Non Emergency
10 CFR Section:
AgreementState
Person (Organization): Schroeder, Dan (R1DO)
NMSS_EVENTS_NOTIFICATION (EMAIL)
ILTAB, (EMAIL) (EMAIL)
Hills, David (R3DO)
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AGREEMENT STATE - LOST PACKAGE
The following information was provided by the Illinois Emergency Management Agency (the Agency) via email:
"On November 22, 2023, the Agency was contacted by G.E. Healthcare in Arlington Heights, IL (IL-01109-01) to advise of a radiopharmaceutical package missing in transit. The last known location was the Memphis, TN [common carrier] hub where it was scanned on November 21, 2023. The carrier has declared the package lost. This package does not represent a significant public safety hazard and there is no indication of intentional theft or diversion.
"The subject package is 16 centimeters square, labeled Yellow-II (TI of 0.1), UN2915 and contains a single 10 milli-Liters shielded vial of In-111. The activity was 5.210 millicuries at the time of shipment but has since decayed to approximately 1.56 millicuries. It was offered for shipment on November 17, 2023, for delivery to a customer in Ontario, Canada on November 20, 2023. Upon failure to arrive, the licensee contacted the carrier and was informed the package was currently unaccounted for. Tennessee program officials were notified, and the matter was reported to the HOO [NRC Headquarters Operations Officer]. This report will be updated with any available information."
Illinois Item Number: IL230033
THIS MATERIAL EVENT CONTAINS A 'Less than Cat 3' LEVEL OF RADIOACTIVE MATERIAL
Sources that are "Less than IAEA Category 3 sources," are either sources that are very unlikely to cause permanent injury to individuals or contain a very small amount of radioactive material that would not cause any permanent injury. Some of these sources, such as moisture density gauges or thickness gauges that are Category 4, the amount of unshielded radioactive material, if not safely managed or securely protected, could possibly - although it is unlikely - temporarily injure someone who handled it or were otherwise in contact with it, or who were close to it for a period of many weeks. For additional information go to http://www-pub.iaea.org/MTCD/publications/PDF/Pub1227_web.pdf
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Original text here: https://www.nrc.gov/reading-rm/doc-collections/event-status/event/2023/20231130en.html#en56871
NRC Issues Event Notification for Indian Point Nuclear Plant, N.Y.
WASHINGTON, Dec. 1 -- The Nuclear Regulatory Commission issued the following event notification (No. 56875) involving Indian Point Nuclear Plant, New York:
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Facility: Indian Point
Region: 1
State: NY
Unit: [3] [] []
RX Type: [2] W-4-LP,[3] W-4-LP
NRC Notified By: John Digman
HQ OPS Officer: Kerby Scales
Notification Date: 11/29/2023
Notification Time: 17:02 [ET]
Event Date: 11/29/2023
Event Time: 15:00 [EST]
Last Update Date: 11/29/2023
Emergency Class: Non Emergency
10 CFR Section:
50.72(b)(2)(xi) - Offsite Notification
Person (Organization): Cahill, Christopher (R1DO)
Power
... Show Full Article
WASHINGTON, Dec. 1 -- The Nuclear Regulatory Commission issued the following event notification (No. 56875) involving Indian Point Nuclear Plant, New York:
* * *
Facility: Indian Point
Region: 1
State: NY
Unit: [3] [] []
RX Type: [2] W-4-LP,[3] W-4-LP
NRC Notified By: John Digman
HQ OPS Officer: Kerby Scales
Notification Date: 11/29/2023
Notification Time: 17:02 [ET]
Event Date: 11/29/2023
Event Time: 15:00 [EST]
Last Update Date: 11/29/2023
Emergency Class: Non Emergency
10 CFR Section:
50.72(b)(2)(xi) - Offsite Notification
Person (Organization): Cahill, Christopher (R1DO)
PowerReactor Unit Info
Unit ...SCRAM Code ...RX Crit ...Initial PWR ...Initial RX Mode ...Current PWR ...Current RX Mode
3 ...N ...N ...0 ...Defueled ...0 ...Defueled
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EN Revision Imported Date: 11/30/2023
EN Revision Text: OFFSITE NOTIFICATION
The following information was provided by the licensee via email:
"This notification is being made per 10 CFR 50.72(b)(2)(xi), as a result of notifications made to state and local government agencies for the discovery of an oil sheen in the discharge canal outside Unit 3. The New York State Department of Environmental Conservation and Westchester County Department of Health were notified. No sheen was observed in the river or at the southern end of the discharge canal near the outfall gates. Clean up efforts are underway.
"The licensee will notify the NRC Project Manager."
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Original text here: https://www.nrc.gov/reading-rm/doc-collections/event-status/event/2023/20231130en.html#en56875
FDIC Office of Ombudsman Updates Post-Examination Surveys
WASHINGTON, Dec. 1 -- The Federal Deposit Insurance Corporation issued the following financial institution letter (No. FIL-59-2023) on Nov. 30, 2023:
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The Federal Deposit Insurance Corporation (FDIC) is notifying FDIC-supervised financial institutions (banks) that the Office of the Ombudsman, which is responsible for administering the Post-Examination Surveys (Survey), is updating the Survey and the transmission process for Risk Management and Compliance and/or CRA examination. The updated Survey solicits additional feedback on the virtual aspects of examinations. The Office of the Ombudsman
... Show Full Article
WASHINGTON, Dec. 1 -- The Federal Deposit Insurance Corporation issued the following financial institution letter (No. FIL-59-2023) on Nov. 30, 2023:
* * *
The Federal Deposit Insurance Corporation (FDIC) is notifying FDIC-supervised financial institutions (banks) that the Office of the Ombudsman, which is responsible for administering the Post-Examination Surveys (Survey), is updating the Survey and the transmission process for Risk Management and Compliance and/or CRA examination. The updated Survey solicits additional feedback on the virtual aspects of examinations. The Office of the Ombudsmanis independent of the supervisory process, reports directly to the FDIC Chairman's Office, and is a confidential resource to bankers.
Statement of Applicability: The contents of, and material referenced in, this FIL apply to all FDIC-supervised financial institutions.
Highlights:
* The Office of the Ombudsman will:
* Update the Survey and the transmission process for Risk Management and Compliance and/or CRA examinations effective January 1st, 2024;
* Send updated Surveys to the Executive Officer(s);
* Send notices and provide reminders about the Survey from FDICSurveys-noreply@fdic.gov; and
* Continue to serve as the point of contact for banks regarding the Survey and follow-up requests.
* A copy of the revised Survey questions for each exam type is attached for reference.
Attachments:
* FDIC Post-Examination Survey (Risk Management Examination)
* FDIC Post-Examination Survey (Compliance and/or CRA Examination)
Related Topic:
* Examination Processes and Procedures
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Original text here: https://www.fdic.gov/news/financial-institution-letters/2023/fil23059.html
FDIC Extends Comment Period for Proposed Addition of Appendix C to Part 364 of FDIC's Rules and Regulations
WASHINGTON, Dec. 1 -- The Federal Deposit Insurance Corporation issued the following financial institution letter (No. FIL-60-2023) on Nov. 30, 2023:
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Guidelines Establishing Standards for Corporate Governance and Risk Management for Covered Institutions with Total Consolidated Assets of $10 Billion or More
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On October 11, 2023, the Federal Deposit Insurance Corporation (FDIC) published in the Federal Register a proposal to issue Guidelines as Appendix C to FDIC's standards for safety and soundness regulations in Part 364 and make conforming amendments to parts 308 and 364 of its
... Show Full Article
WASHINGTON, Dec. 1 -- The Federal Deposit Insurance Corporation issued the following financial institution letter (No. FIL-60-2023) on Nov. 30, 2023:
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Guidelines Establishing Standards for Corporate Governance and Risk Management for Covered Institutions with Total Consolidated Assets of $10 Billion or More
* * *
On October 11, 2023, the Federal Deposit Insurance Corporation (FDIC) published in the Federal Register a proposal to issue Guidelines as Appendix C to FDIC's standards for safety and soundness regulations in Part 364 and make conforming amendments to parts 308 and 364 of itsregulations. These Guidelines would apply to all insured state nonmember banks, state-licensed insured branches of foreign banks, and insured state savings associations that are subject to Section 39 of the Federal Deposit Insurance Act (FDI Act), with total consolidated assets of $10 billion or more on or after the effective date of the final Guidelines. The notice of proposed rulemaking stated that the comment period would close on December 11, 2023. The FDIC has determined that an extension of the comment period until February 9, 2024, is appropriate.
Statement of Applicability: The contents of, and material referenced in, this FIL do not apply to FDIC-insured and/or FDIC-supervised institutions with less than $10 billion in total consolidated assets.
Highlights:
The extension of the comment period will provide additional opportunity for the public to consider the proposal and prepare comments, including to address the questions posed by the FDIC. Therefore, the FDIC is extending the end of the comment period for the proposal from December 11, 2023, to February 9, 2024.
The Proposed Guidelines:
* Describe the general obligations of the board of directors ("board") to ensure good corporate governance by:
* being active and involved, protecting the interests of the covered institution, setting goals, approving a strategic plan and policies, and selecting and supervising senior management;
* adopting a code of ethics requiring high ethical standards in the covered institutions' operations; and
* creating a committee structure, including a Risk Committee, designed to permit the board to actively oversee the affairs of the covered institution.
* Describe the general obligations of individual directors.
* State that the board should establish an effective risk management program that identifies, measures, monitors, and controls risk appropriate for the size, complexity, and risk profile of the covered institution and in compliance with applicable laws and regulatory requirements.
* Include as the risk management program a three-line-of-defense model of risk management for monitoring and reporting risks, including front line business units (responsible for limiting their risk-taking activities to those approved by management), an independent risk management function, and the covered institution's internal audit unit.
* State that the covered institution should effectively communicate its risk appetite and policies to encourage compliance by all employees and identify and report breaches of risk limits, even if the covered institution does not realize a loss from the breach.
* The FDIC is extending the end of the comment period for the proposal from December 11, 2023, to February 9, 2024.
Attachments:
* Notice for Extension of Comment Period (https://www.fdic.gov/news/financial-institution-letters/2023/fil23060a.pdf)
* NPR (https://www.govinfo.gov/content/pkg/FR-2023-10-11/pdf/2023-22421.pdf)
Related Resource:
* Part 364 - Standards for Safety and Soundness (https://www.ecfr.gov/current/title-12/chapter-III/subchapter-B/part-364)
Related Topic:
* Corporate Governance and Auditing Programs
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Original text here: https://www.fdic.gov/news/financial-institution-letters/2023/fil23060.html
Cloudbeds to Pay $150,000 to Resolve EEOC Disability Discrimination Lawsuit
BOSTON, Massachusetts, Dec. 1 -- The Equal Employment Opportunity Commission issued the following news release on Nov. 29, 2023:
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Remote Technology Company Settles EEOC Lawsuit Alleging it Refused to Accommodate and Hire a Deaf Applicant
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Remote-first global technology company Digital Arbitrage, Inc., doing business as Cloudbeds, will pay $150,000 to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC's lawsuit, during their hiring process Cloudbeds failed to provide
... Show Full Article
BOSTON, Massachusetts, Dec. 1 -- The Equal Employment Opportunity Commission issued the following news release on Nov. 29, 2023:
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Remote Technology Company Settles EEOC Lawsuit Alleging it Refused to Accommodate and Hire a Deaf Applicant
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Remote-first global technology company Digital Arbitrage, Inc., doing business as Cloudbeds, will pay $150,000 to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC's lawsuit, during their hiring process Cloudbeds failed to providean accommodation to Peter St. John, a well-qualified candidate in IT administration who is deaf and uses American Sign Language (ASL) to communicate. Cloudbeds terminated his candidacy on the basis that verbal communication and hearing were job requirements for the position in a remote setting.
The alleged conduct violated the American with Disabilities Act (ADA), which requires employers to engage with applicants to identify and provide reasonable accommodations, and prohibits employers from discriminating against qualified applicants based on their disability. The EEOC filed suit in U.S. District Court for the District of Massachusetts (EEOC v. Digital Arbitrage, Inc. d/b/a Cloudbeds, Civ. A No. 1:23-cv-11856-RGS) after first attempting to reach a pre-litigation settlement through its conciliation process.
Under the terms of the three-year consent decree, Cloudbeds will pay $150,000 in damages to St. John and will provide significant non-monetary relief designed to ensure equal employment opportunities for the deaf and hard of hearing in its remote-first workplace. In addition to updates to the company's reasonable accommodation policy and annual training for management and human resource employees about discrimination law, Cloudbeds will issue an annual executive video message on the company's commitment to ensuring that people who are deaf and hard of hearing are provided reasonable accommodations. The company's human resource personnel will also complete an online training focused on integrating deaf employees into the workplace, and Cloudbeds will designate one human resources team member to complete additional training on assistive technologies that deaf or hard of hearing employees or applicants may use to communicate in the workplace.
"We are pleased that we were able to reach an early agreement with Cloudbeds that will provide both monetary relief to the worker and injunctive relief designed to promote a company-wide commitment to inclusivity," said EEOC Regional Attorney Jeffrey Burstein. "The EEOC commends Cloudbeds' commitment to supporting workers and applicants who are deaf or hard of hearing. It is important that human resources and managerial professionals keep pace with changing technology as workplaces move to remote-first and hybrid settings."
Timothy Riera, acting director of the EEOC's New York District Office said, "This decree reminds employers of the importance of engaging in the interactive process with qualified individuals, who may provide insight into what reasonable accommodations they may need during the hiring process and may enable them to perform the essential functions of the positions to which they are applying."
The case was litigated by EEOC Trial Attorney Anastasia Doherty and supervised by Assistant Regional Attorney Kimberly A. Cruz.
For more information about disability discrimination against individuals who are deaf or hard of hearing, guidance issued in January 2023 is available at Hearing Disabilities in the Workplace and the Americans with Disabilities Act | U.S. Equal Employment Opportunity Commission (eeoc.gov) (https://www.eeoc.gov/laws/guidance/hearing-disabilities-workplace-and-americans-disabilities-act). For general information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.
Information on the EEOC's ASL videophone number for deaf or hard of hearing people to contact the agency is available here: EEOC Launches Direct Video Access to ASL Speakers for the Deaf and Hard of Hearing | U.S. Equal Employment Opportunity Commission (https://www.eeoc.gov/newsroom/eeoc-launches-direct-video-access-asl-speakers-deaf-and-hard-hearing).
The EEOC's New York District Office is responsible for processing discrimination charges, administrative enforcement, and the conduct of agency litigation in Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island and Vermont.
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.
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Original text here: https://www.eeoc.gov/newsroom/cloudbeds-pay-150000-resolve-eeoc-disability-discrimination-lawsuit
CFTC Chairman Announces Melanie Devoe Director of Office of Customer Education & Outreach
WASHINGTON, Dec. 1 -- The Commodity Futures Trading Commission issued the following news release on Nov. 30, 2023:
Commodity Futures Trading Commission Chairman Rostin Behnam announced today that Melanie T. Devoe has been named Director of the Office of Customer Education and Outreach (OCEO). Ms. Devoe will lead the CFTC's education and outreach efforts aimed at arming customers with the tools they need to avoid fraud and other potential abuse when participating in CFTC-regulated and cash commodity markets.
"With growing retail participation in emerging markets offering products targeted for
... Show Full Article
WASHINGTON, Dec. 1 -- The Commodity Futures Trading Commission issued the following news release on Nov. 30, 2023:
Commodity Futures Trading Commission Chairman Rostin Behnam announced today that Melanie T. Devoe has been named Director of the Office of Customer Education and Outreach (OCEO). Ms. Devoe will lead the CFTC's education and outreach efforts aimed at arming customers with the tools they need to avoid fraud and other potential abuse when participating in CFTC-regulated and cash commodity markets.
"With growing retail participation in emerging markets offering products targeted forsmaller investors and ongoing interest in crypto assets, it is critical that our education and outreach efforts to prevent fraud and reach customers where they are. Markets are now just a few swipes and phone taps away for most individuals. Such easy access means that CFTC must be nimble, creative, and aggressive in our efforts to ensure that before customers hit "accept," they have evaluated the risks and understand what they buying into," said Chairman Behnam. "I am especially pleased to welcome Ms. Devoe and her extensive experience in our Division of Enforcement to this critical position."
"I am honored Chairman Behnam selected me to serve as the OCEO Director. I have spent the last 15 years with a front row seat to the methods and impacts of financial fraud on retail victims," said Ms. Devoe. "As OCEO Director, I am committed to bolstering and enhancing OCEO's efforts to provide customers with meaningful and clear resources to allow them to assess potential investments and avoid falling victim to stories that are too good to be true."
Ms. Devoe has extensive investigative and litigation experience, and she is a subject matter expert on the Commodity Exchange Act (CEA) and CFTC regulations. Ms. Devoe previously served in the CFTC's Whistleblower Office (WBO) where she was, among other things, the WBO's subject matter liaison to the Division of Enforcement (DOE). In this role, she analyzed incoming whistleblower tips and collaborated with DOE's trial teams and various DOE Task Forces. She helped develop Whistleblower Alerts, such as the recently published alert related to the carbon markets. She has represented the WBO on conference panels about the CFTC's whistleblower program and the CFTC's jurisdiction and enforcement priorities. In addition to her internal and external outreach work, she also analyzed several complex whistleblower award determinations.
Prior to joining the WBO, Ms. Devoe served as a senior trial attorney in DOE where she investigated companies engaged in market manipulation and forex fraud. In this role, she interviewed traders, spoke to victims of fraud, drafted complaints, and worked with other regulators. She held a similar investigative position at the Federal Energy Regulatory Commission's Division of Investigations. She was also a senior associate at an international law firm advising clients on energy matters.
In addition to her work at the CFTC, Ms. Devoe has served at other federal agencies, including the Department of Justice (DOJ), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in the Office of Chief Counsel. While at ATF, she worked closely with the DOJ as agency counsel to defend ATF against lawsuits and provide programmatic legal advice. During her time at the CFTC, Ms. Devoe also obtained considerable trial experience while serving a six-month detail to the United States Attorney's Office for the District of Columbia.
Ms. Devoe received a bachelor's degree in Economics and Political Science from McGill University and her Juris Doctor from the University of Texas School of Law.
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About the Office of Customer Education and Outreach (OCEO)
OCEO is dedicated to helping customers protect themselves from fraud or violations of the Commodity Exchange Act through the research and development of effective financial education materials and initiatives. OCEO engages in outreach and education to retail investors, traders, industry organizations, and the agricultural community. The office also frequently partners with federal and state regulators as well as consumer protection groups. The CFTC's full repository of customer education materials can be found at Learn & Protect (https://www.cftc.gov/LearnAndProtect).
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Original text here: https://www.cftc.gov/PressRoom/PressReleases/8828-23
