71844 Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices 

mysticetes and all other odontocetes, 

including sperm and beaked whales, 

with no further observation of the 

marine mammal(s); 

• The NSF must deploy vessel strike 

avoidance measures; 

• The NSF must submit a draft report 

detailing all activities and monitoring 

results within 90 calendar days of the 

completion of the survey or expiration 

of the IHA, whichever comes sooner; 

• The NSF must submit a final report 

within 30 days following resolution of 

comments on the draft report from 

NMFS; and 

• The NSF must report injured or 

dead marine mammals. 

Comments and Responses 

As noted previously, NMFS published 

a notice of a proposed IHA (87 FR 

59204, September 29, 2022) and 

solicited public comments on both our 

proposal to issue the initial IHA for 

geophysical survey in the Ross Sea and 

on the potential for a renewal IHA, 

should certain requirements be met. 

During the 30-day public comment 

period, NMFS received no substantive 

comments on either the proposal to 

issue the initial IHA for the NSF’s 

survey activities or on the potential for 

a renewal IHA. 

Preliminary Determinations 

NSF’s proposed activities consist of a 

subset of activities analyzed in the 

initial IHA. In analyzing the effects of 

the activities for the initial IHA, NMFS 

determined that NSF’s activities would 

have a negligible impact on the affected 

species or stocks and that authorized 

take numbers of each species or stock 

were small relative to the relevant 

stocks (e.g., less than one-third the 

abundance of all stocks). The mitigation 

measures and monitoring and reporting 

requirements as described above are 

identical to the initial IHA. 

NMFS has preliminarily concluded 

that there is no new information 

suggesting that our analysis or findings 

should change from those reached for 

the initial IHA. Based on the 

information and analysis contained here 

and in the referenced documents, NMFS 

has determined the following: (1) the 

required mitigation measures will effect 

the least practicable impact on marine 

mammal species or stocks and their 

habitat; (2) the authorized takes will 

have a negligible impact on the affected 

marine mammal species or stocks; (3) 

the authorized takes represent small 

numbers of marine mammals relative to 

the affected stock abundances; (4) NSF’s 

activities will not have an unmitigable 

adverse impact on taking for subsistence 

purposes as no relevant subsistence uses 

of marine mammals are implicated by 

this action; and (5) appropriate 

monitoring and reporting requirements 

are included. 

Endangered Species Act 

The NMFS OPR Endangered Species 

Act (ESA) Interagency Cooperation 

Division issued a Biological Opinion 

under section 7 of the ESA (16 U.S.C. 

1531 et seq.) on the issuance of an IHA 

and potential renewal IHA to NSF under 

section 101(a)(5)(D) of the MMPA by the 

NMFS OPR Permits and Conservation 

Division. The Biological Opinion 

concluded that the action is not likely 

to jeopardize the continued existence of 

ESA-listed blue whales, fin whales, sei 

whales, and sperm whales. 

Proposed Renewal IHA and Request for 

Public Comment 

As a result of these preliminary 

determinations, NMFS proposes to issue 

a renewal IHA to NSF for conducting 

geophysical survey and icebreaking 

activities in the Ross Sea in the 

February 2024, provided the previously 

described mitigation, monitoring, and 

reporting requirements are incorporated. 

A draft of the proposed and final initial 

IHA can be found at https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. We 

request comment on our analyses, the 

proposed renewal IHA, and any other 

aspect of this notice. Please include 

with your comments any supporting 

data or literature citations to help 

inform our final decision on the request 

for MMPA authorization. 

Dated: October 12, 2023. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2023–22913 Filed 10–17–23; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Global Markets Advisory Committee 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice; revision to meeting date. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC) published 

a notice in the Federal Register on 

September 8, 2023, concerning a 

meeting of the Global Markets Advisory 

Committee (GMAC or Committee) that 

was scheduled to occur on October 5, 

2023, from 1:00 p.m. to 5:00 p.m. 

(Eastern Daylight Time). The September 

8, 2023 notice is hereby amended to 

announce that the GMAC meeting has 

been rescheduled to November 6, 2023, 

from 9:00 a.m. to 12:00 p.m. (Eastern 

Time). The meeting will remain open to 

the public with options to attend inperson and virtually. The agenda for the 

meeting remains unchanged. At this 

meeting, the GMAC will hear a 

presentation from the GMAC’s Global 

Market Structure Subcommittee on the 

Subcommittee’s workstreams involving 

U.S. Treasury market reforms, global 

standards and best practices for market 

volatility controls and circuit breakers, 

improving liquidity across asset classes, 

and international alignment of trading 

and clearing obligations to address 

market fragmentation, and consider 

recommendations from the 

Subcommittee on such workstreams. 

At this meeting, the GMAC will also 

hear a presentation from the GMAC’s 

Technical Issues Subcommittee on the 

Subcommittee’s workstreams involving 

international standardization and 

amalgamation of trade reporting for 

swaps market oversight, global 

coordination of market events, and 

improving efficiencies in post-trade 

processes, and consider 

recommendations from the 

Subcommittee on such workstreams. 

Additionally, the GMAC will hear a 

presentation from the GMAC’s Digital 

Asset Markets Subcommittee on the 

Subcommittee’s workstreams involving 

industry standards and best practices for 

tokenized asset markets, the regulation 

of non-fungible tokens (NFTs) and 

utility tokens, and identification of 

other issues to address in digital finance 

and tokenization of assets, non-financial 

activities and Web3, and blockchain 

technology and consider 

recommendations from the 

Subcommittee on such workstreams. 

Finally, the GMAC will also address 

procedural matters, including topics of 

discussion on a forward-looking basis. 

DATES: The meeting date announced in 

the Federal Register at 88 FR 62068 on 

September 8, 2023 is amended. The 

rescheduled meeting will be held on 

November 6, 2023, from 9:00 a.m. to 

12:00 p.m. (Eastern Time). Members of 

the public who wish to submit written 

statements in connection with the 

meeting should submit them by 

November 13, 2023. 

ADDRESSES: The meeting will take place 

in the Conference Center at the CFTC’s 

headquarters, Three Lafayette Centre, 

1155 21st Street NW, Washington, DC 

20581 for GMAC members and the 

public. Members of the public may also 

attend the meeting virtually via 

teleconference or live webcast. You may 

submit public comments, identified by 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 200 / Wednesday, October 18, 2023 / Notices 71845 

1This document is for informational purposes 

only. It does not impose any legal requirements, nor 

does it restrict the agencies’ exercise of their 

authorities or confer rights of any kind, and it is not 

enforceable. 

2The CFPB enforces ECOA with respect to any 

person subject to ECOA’s coverage, with limited 

exclusions under the Consumer Financial 

Protection Act. 15 U.S.C. 1691c(a)(9). The DOJ 

enforces ECOA where there is evidence of a 

‘‘pattern or practice’’ of discrimination. 15 U.S.C. 

1691e(h). 

3The list of prohibited bases in 12 CFR 

1002.6(b)(9) does not include all characteristics 

protected under ECOA. The limited circumstances 

for considering certain other prohibited bases, such 

as age and marital status, are discussed elsewhere 

in 12 CFR 1002.6(b). 

4See Espinoza v. Farah Mfg. Co., 414 U.S. 86, 92, 

94 (1973) (noting that title VII, which prohibits 

employment discrimination, ‘‘prohibits 

discrimination on the basis of citizenship whenever 

it has the purpose or effect of discriminating on the 

basis of national origin’’). Courts have generally 

Continued 

Global Markets Advisory Committee, 

through the CFTC website at https://

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Comments Online process 

on the website. If you are unable to 

submit comments online, contact 

Brigitte Weyls, Designated Federal 

Officer, via the contact information 

listed below to discuss alternate means 

of submitting your comments. Any 

statements submitted in connection 

with the committee meeting will be 

made available to the public, including 

publication on the CFTC website, 

https://www.cftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brigitte Weyls, GMAC Designated 

Federal Officer, Commodity Futures 

Trading Commission, 77 West Jackson 

Blvd., Suite 800, Chicago, IL 60604, 

(312) 596–0700; or Philip Raimondi, 

GMAC Alternate Designated Federal 

Officer, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW, Washington, DC, 

(202) 418–5000. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public with 

seating on a first-come, first-served 

basis. Members of the public may also 

listen to the meeting by telephone by 

calling a domestic or international toll 

or toll-free number to connect to a live, 

listen-only audio feed. Call-in 

participants should be prepared to 

provide their first name, last name, and 

affiliation. The meeting will also be 

open to the public via teleconference. 

Domestic Toll and Toll Free Numbers: 

833 435 1820 U.S. Toll Free 

833 568 8864 U.S. Toll Free 

+1 669 254 5252 U.S. (San Jose) 

+1 646 828 7666 U.S. (New York) 

+1 646 964 1167 U.S. (U.S. Spanish 

Line) 

+1 415 449 4000 U.S. (U.S. Spanish 

Line) 

+1 551 285 1373 U.S. 

+1 669 216 1590 US (San Jose) 

International Numbers are available 

here: https://cftc-gov.zoomgov.com/u/ 

acVfb58GDz and will also be posted on 

the CFTC’s website, https://

www.cftc.gov, on the page for the 

meeting, under Related Links. 

Call-In/Webinar ID: 161 832 1892. 

Passcode/Pin Code: 566144. 

Members of the public may also view 

a live webcast of the meeting via the 

www.cftc.gov website. The meeting 

agenda may change to accommodate 

other Committee priorities. For agenda 

updates, please visit https://

www.cftc.gov/About/ 

AdvisoryCommittees/GMAC. 

After the meeting, a transcript of the 

meeting will be published through a 

link on the CFTC’s website, https://

www.cftc.gov. Persons requiring special 

accommodations to attend the meeting 

because of a disability should notify the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

notice. 

Authority: 5 U.S.C. 1001 et seq. 

Dated: October 12, 2023. 

Christopher J. Kirkpatrick, 

Secretary of the Commission. 

[FR Doc. 2023–22944 Filed 10–17–23; 8:45 am] 

BILLING CODE 6351–01–P 

CONSUMER FINANCIAL PROTECTION 

BUREAU 

Joint Statement on Fair Lending and 

Credit Opportunities for Noncitizen 

Borrowers Under the Equal Credit 

Opportunity Act 

AGENCY: Consumer Financial Protection 

Bureau. 

ACTION: Notice of joint statement. 

SUMMARY: The Consumer Financial 

Protection Bureau (CFPB) and the 

Department of Justice (DOJ) have 

released a joint statement to assist 

creditors and borrowers in 

understanding the potential civil rights 

implications of a creditor’s 

consideration of an individual’s 

immigration status under the Equal 

Credit Opportunity Act (ECOA). 

DATES: This information is current as of 

October 12, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Sonia Lin, Office of Consumer 

Populations, sonia.lin@cfpb.gov. If you 

require this document in an alternative 

electronic format, please contact CFPB_

Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: The 

Consumer Financial Protection Bureau 

(CFPB) and Department of Justice (DOJ) 

(collectively, the agencies) jointly issue 

this statement 1 to assist creditors and 

borrowers in understanding the 

potential civil rights implications of a 

creditor’s consideration of an 

individual’s immigration status under 

the Equal Credit Opportunity Act 

(ECOA). ECOA does not expressly 

prohibit consideration of immigration 

status, and, as explained further below, 

a creditor may consider an applicant’s 

immigration status when necessary to 

ascertain the creditor’s rights regarding 

repayment. However, creditors should 

be aware that unnecessary or overbroad 

reliance on immigration status in the 

credit decisioning process, including 

when that reliance is based on bias, may 

run afoul of ECOA’s antidiscrimination 

provisions, and could also violate other 

laws. 

I. ECOA and Regulation B 

The agencies are charged with 

enforcing the antidiscrimination 

provisions of ECOA, requirements that 

are essential for ensuring fair, 

competitive and nondiscriminatory 

lending markets.2 ECOA prohibits 

discrimination by a creditor in any 

aspect of a credit transaction, on the 

basis of race, color, religion, national 

origin, sex (including sexual orientation 

and gender identity), marital status, age, 

an applicant’s receipt of public 

assistance, or the good faith exercise of 

an applicant’s rights under the 

Consumer Credit Protection Act. 15 

U.S.C. 1691. Discouraging applications 

for credit on a prohibited basis is also 

prohibited. 

ECOA is implemented by regulations 

found at 12 CFR part 1002, commonly 

known as ‘‘Regulation B.’’ ECOA and 

Regulation B apply to all types of credit, 

including both personal credit and 

business credit. Among other things, 

Regulation B sets forth ‘‘[r]ules 

concerning evaluation of applications’’ 

for credit. 12 CFR 1002.6. Under 

Regulation B, creditors shall not 

consider race, color, religion, national 

origin, or sex in any aspect of a credit 

transaction. 12 CFR 1002.6(b)(9).3

Subject to that restriction, ‘‘a creditor 

may consider any information obtained, 

so long as the information is not used 

to discriminate against an applicant on 

a prohibited basis.’’ 12 CFR 1002.6(a). 

Thus, while ECOA and Regulation B 

do not expressly prohibit consideration 

of immigration status, they do prohibit 

creditors from using immigration status 

to discriminate on the basis of national 

origin, race, or any other protected 

characteristic.4 Regulation B notably 


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