Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices 33015 

DEPARTMENT OF TRANSPORTATION 

Bureau of Transportation Statistics 

[Docket ID Number DOT–OST–2014–0031] 

Confidential Business Information 

Reporting Requirements—BTS’ 

Response to Public Comments 

AGENCY: Office of the Assistant 

Secretary for Research and Technology 

(OST–R), Bureau of Transportation 

Statistics (BTS), DOT. 

ACTION: Response to Public Comments. 

SUMMARY: Pursuant to the Department’s 

regulations, certain air carriers are 

required to file BTS Schedule B–7 

(Airframe and Aircraft Engine 

Acquisitions and Retirements) and 

Schedule B–43 (Inventory of Airframes 

and Aircraft Engines). Under the 

Department’s regulations, the 

Department can withhold confidential 

business information if release of the 

confidential information is likely to 

cause substantial competitive harm to 

the entity that submitted the 

information to the Department. The BTS 

routinely grants, based on the sensitive 

nature of this cost data, a ten-year 

confidentiality period. After receiving 

notification that, upon the expiration of 

the ten-year confidentiality period, the 

BTS intended to release the cost data, 

Airlines for America (A4A), an industry 

association representing several air 

carriers, filed an objection to the 

pending release. A4A claimed that the 

cost data, although twenty years old, 

remained sensitive and its release 

would result in competitive harm. 

Bloomberg News requested that the 

Department release the cost data. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Gorham, Office of Airline Information, 

RTS–42, Room E34, BTS, 1200 New 

Jersey Avenue SE., Washington, DC 

20590–0001, Telephone Number (202) 

366–4406, Fax Number (202) 366–3383 

or EMAIL jeff.gorham@dot.gov. 

ADDRESSES: You may submit comments 

identified by DOT Docket ID Number 

DOT–OST–2014–0031 by any of the 

following methods: 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Mail: Docket Services: U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

Fax: 202–366–3383. 

Instructions: Identify docket number, 

DOT–OST–2014–0031, at the beginning 

of your comments, and send two copies. 

To receive confirmation that DOT 

received your comments, include a selfaddressed stamped postcard. Internet 

users may access all comments received 

by DOT at http://www.regulations.gov. 

All comments are posted electronically 

without charge or edits, including any 

personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http://

DocketInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

Electronic Access: You may access 

comments received for this notice at 

http://www.regulations.gov, by 

searching docket DOT–OST–2014–0031. 

SUPPLEMENTARY INFORMATION: Pursuant 

to 14 CFR part 241, certain air carriers 

are required to file BTS Schedule B–7 

(Airframe and Aircraft Engine 

Acquisitions and Retirements) and 

Schedule B–43 (Inventory of Airframes 

and Aircraft Engines). These schedules 

contain cost data concerning airframes 

and aircraft engines. In previous 

confidentiality requests, UPS and 

United requested and the Department 

granted a ten-year period of 

confidentiality for the cost data reported 

on the Form 41, Schedules B–7 and B– 

43. 

Prior to the expiration of the twentyyear period, BTS informed twelve air 

carriers that, at the close of the twentyyear period (October 1, 2014), the 

agency intended to release the 

information. Airline for America (A4A) 

on behalf of its members, filed 

objections to the release (see OST 

Docket No. 2014–0031). A4A claims that 

the information, although twenty years 

old, is so sensitive that each company 

would suffer ‘‘competitive harm’’ if the 

BTS releases the information. 

In its objection, A4A maintains that 

the information is still ‘‘commercially 

sensitive’’ based on three main points: 

(1) Disclosure of the data diminishes 

competition among the major aircraft 

manufacturers; engine manufacturers, 

and new and used aircraft owners and 

lessors who can use the commercially 

sensitive data to closely track each 

other’s acquisition and retirement costs; 

(2) disclosure of the data impairs 

competition among competing domestic 

and foreign airlines in the international 

arena, because United States airlines are 

required to reveal major elements of 

their cost structures when their foreign 

competitors are not; and (3) the 

Department does not use this data to 

support any policy initiatives. 

In addition, the Department 

determined that withholding the 

information under Exemptions 3 and 4 

of the Freedom of Information Act 

(FOIA) (See 5 U.S.C. 552(b)(3) and 4)). 

Exemption 3 allows the withholding of 

information if the disclosure is 

prohibited by another statute and the 

statute either: ‘‘(A) requires that the 

matters be withheld from the public in 

such a manner as to leave no discretion 

on the issue, or (B) establishes particular 

criteria for withholding or refers to 

particular types of matters to be 

withheld;’’ (see 5 U.S.C. 552(b)(3)). The 

Department determined that a provision 

in the United States Code (see 49 U.S.C. 

40115) qualifies as an Exemption 3 

statute in that the statute allows the 

Department to order certain information 

withheld from public disclosure if the 

disclosure would ‘‘have an adverse 

effect on the competitive position of an 

air carrier in foreign air transportation.’’ 

(See 49 U.S.C. 40115(a)(2)(B)). 

In light of its objections, A4A 

requested that ‘‘the Department cease 

collecting the information because it 

serves no useful purpose, is burdensome 

to report and competitively sensitive or 

at the very least continue to afford 

confidential treatment to Form 41, 

Schedules B–7 and B–43 and that such 

confidential treatment be continued 

indefinitely or, at a minimum, for an 

additional ten year period. 

Bloomberg News, in a letter dated 

April 13, 2015 stated the information at 

issue is now 20 years old. Given the 

passage of time, any interest in keeping 

the data confidential has presumably 

lessened. Disclosure of cost data after 20 

years would seem to achieve a 

reasonable balance between 

transparency and maintaining the 

confidentiality of potentially sensitive 

commercial information. 

Based on the comments received, the 

BTS will grant an additional 10 year 

confidentiality period while seeking 

regulatory language to delete the 

requirement for collecting airframe and 

engine cost data. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
33016 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices 

1Section 342 of the Act is codified at 12 U.S.C. 

5452. The Department of Treasury, the Federal 

Housing Finance Agency, and the Federal Reserve 

Banks also have established an OMWI, but only the 

federal financial agencies with regulated entities 

have joined in issuing this Policy Statement. 

2 78 FR 64052. 

3 78 FR 77792. 

Issued in Washington, DC on June 3, 2015. 

William Chadwick, Jr., 

Director, Office of Airline Information, 

Bureau of Transportation Statistics. 

[FR Doc. 2015–14182 Filed 6–9–15; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

[Docket ID OCC–2013–0014] 

BOARD OF GOVERNORS OF THE 

FEDERAL RESERVE SYSTEM 

[Docket No. OP–1465] 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

NATIONAL CREDIT UNION 

ADMINISTRATION 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–75050; File No. S7–10–15] 

Final Interagency Policy Statement 

Establishing Joint Standards for 

Assessing the Diversity Policies and 

Practices of Entities Regulated by the 

Agencies 

AGENCIES: Office of the Comptroller of 

the Currency (OCC); Board of Governors 

of the Federal Reserve System (Board); 

Federal Deposit Insurance Corporation 

(FDIC); National Credit Union 

Administration (NCUA); Bureau of 

Consumer Financial Protection (CFPB); 

and Securities and Exchange 

Commission (SEC). 

ACTION: Notice of final interagency 

policy statement; request for comments 

on proposed collection of information. 

SUMMARY: The OCC, Board, FDIC, 

NCUA, CFPB, and SEC are issuing a 

final interagency policy statement 

establishing joint standards for assessing 

the diversity policies and practices of 

the entities they regulate, as required by 

the Dodd-Frank Wall Street Reform and 

Consumer Protection Act of 2010. 

DATES: The final interagency policy 

statement is effective on June 10, 2015. 

The agencies are soliciting comments 

only on the collection of information. 

Comments must be submitted on or 

before August 10, 2015. The effective 

date of the collection of information will 

be announced in the Federal Register 

following Office of Management and 

Budget (OMB) approval. 

FOR FURTHER INFORMATION CONTACT: 

OCC: Joyce Cofield, Executive 

Director, Office of Minority and Women 

Inclusion, at (202) 649–6460 or Karen 

McSweeney, Counsel, Law Department, 

at (202) 649–6295, TDD/TTY (202) 649– 

5597, Office of the Comptroller of the 

Currency, 400 7th Street SW., 

Washington, DC 20219. 

BOARD: Sheila Clark, Director, Office 

of Diversity and Inclusion, at (202) 452– 

2883, Katherine Wheatley, Associate 

General Counsel, Legal Division, at 

(202) 452–3779, or Alye Foster, Senior 

Special Counsel, Legal Division, at (202) 

452–5289. 

FDIC: Segundo Pereira, Director, 

Office of Minority and Women 

Inclusion, (703) 562–6090; Melodee 

Brooks, Senior Deputy Director, Office 

of Minority and Women Inclusion, (703) 

562–6090; or Robert Lee, Counsel, Legal 

Division, (703) 562–2020, Federal 

Deposit Insurance Corporation, 550 17th 

Street NW., Washington, DC 20429– 

0002. 

NCUA: Wendy A. Angus, Acting 

Director, Office of Minority and Women 

Inclusion at (703) 518–1650, Cynthia 

Vaughn, Diversity Outreach Program 

Analyst, Office of Minority and Women 

Inclusion, at (703) 518–1650, or Regina 

Metz, Staff Attorney, Office of General 

Counsel, at (703) 518–6540, National 

Credit Union Administration, 1775 

Duke Street, Alexandria, VA 22314. 

CFPB: Stuart Ishimaru, Director, 

Office of Minority and Women 

Inclusion, at (202) 435–9012, or Stephen 

VanMeter, Deputy General Counsel, 

Legal Division at (202) 435–7319, 

Bureau of Consumer Financial 

Protection, 1700 G Street NW., 

Washington, DC 20552. 

SEC: Pamela A. Gibbs, Director, Office 

of Minority and Women Inclusion, (202) 

551–6046, or Audrey B. Little, Senior 

Counsel, Office of Minority and Women 

Inclusion, (202) 551–6086, Securities 

and Exchange Commission, 100 F Street 

NE., Washington, DC 20549. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 342 of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act of 2010 (Dodd-Frank Act or Act) 

required the OCC, Board, FDIC, NCUA, 

CFPB, and SEC (each, an Agency and 

collectively, the Agencies) to each 

establish an Office of Minority and 

Women Inclusion (OMWI) to be 

responsible for all matters of the Agency 

relating to diversity in management, 

employment, and business activities.1

The Act also instructed each OMWI 

Director to develop standards for 

assessing the diversity policies and 

practices of entities regulated by the 

Agency. To facilitate the use of these 

standards by regulated entities that are 

subject to the regulations of more than 

one Agency, the Agencies worked 

together to develop joint standards and 

issue this Final Interagency Policy 

Statement (Policy Statement). 

Prior to drafting these standards, the 

OMWI Directors held a series of 

roundtable discussions and 

teleconferences with representatives of a 

variety of regulated entities, including 

depository institutions, holding 

companies, and industry trade groups, 

to solicit their views on appropriate 

standards and to learn about the 

successes and challenges of existing 

diversity policies and programs. In 

addition, the OMWI Directors met with 

financial professionals, consumer 

advocates, and community 

representatives to gain a greater 

understanding of the issues confronting 

minorities and women in obtaining 

employment and business opportunities 

within the financial services industry. 

The information and feedback provided 

during these outreach sessions guided 

the development of these standards. 

II. Proposed Policy Statement 

On October 25, 2013, the Agencies 

published a Notice in the Federal 

Register requesting comment on a 

‘‘Proposed Interagency Policy Statement 

Establishing Joint Standards for 

Assessing the Diversity Policies and 

Practices of Entities Regulated by the 

Agencies’’ (Proposal).2 The comment 

period on the Proposal was scheduled to 

close on December 24, 2013, but in 

response to requests from members of 

the public, the Agencies extended it to 

February 7, 2014.3

The Proposal set out standards for 

assessing an entity’s diversity policies 

and practices in the following areas: 

Organizational Commitment to Diversity 

and Inclusion; Workforce Profile and 

Employment Practices; Procurement 

and Business Practices—Supplier 

Diversity; and Practices to Promote 

Transparency of Organizational 

Diversity and Inclusion. These proposed 

standards reflected the leading policies 

and practices for advancing workforce 

and supplier diversity. 

The Proposal also explained the 

Agencies’ approach to assessments, 


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