64052 Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Notices 

Interlocking, and which collective rights were also 

conferred on CCPA by order of the Bankruptcy 

Court dated March 28, 2002, in In re: Pittsburgh & 

Lake Erie Properties, Inc., Case No. 96–406 (MFW), 

and to which CCPA is successor; and (7) Operating 

Rights Agreement between Matteson Equipment 

Company (Matteson) and CQPA, to which CCPA is 

successor, and Operating Rights Agreement 

between Eastern States Railroad, LLC (ESR) and 

Matteson dated July 14, 2006, to which CCPA is 

successor. 

2To that end, Y&SR has filed a verified notice of 

exemption in Youngstown & Southeastern Railway 

Company—Operation Exemption—Mule Sidetracks, 

L.L.C., Docket No. FD 35774, by which Y&SR seeks 

an exemption to continue to operate the Line. 

3This notice was scheduled to be published in 

the Federal Register during the time that the agency 

was closed due to a lapse in appropriations. 

Because publication of this notice has been delayed, 

the effective date of the exemption will also be 

delayed to provide adequate notice to the public. 

1Public Law 111–203, 124 Stat. 1376, 1541 (July 

11, 2010), codified as 12 U.S.C. 5452. 

According to MSLLC, this transaction 

does not involve any provision or 

agreement that may limit future 

interchange with a third-party 

connecting carrier. 

According to MSLLC, it will be a 

common carrier on the Line, and, once 

it acquires the Line, MSLLC intends to 

continue operations with Y&SR.2 In 

addition, MSLLC states that it will be 

the common carrier for the 3 miles of 

continuous track segments extending 

east of milepost 0.0 in Youngstown, 

Ohio, that connect with the Line, but 

Y&SR will operate on the lines solely as 

an agent of and in the name of MSLLC. 

The transaction may be consummated 

on or after November 8, 2013, the 

effective date of the exemption.3

MSLLC certifies that its projected 

annual revenues as a result of this 

transaction will not exceed $5 million 

and will not result in the creation of a 

Class I or Class II rail carrier. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Stay petitions must be 

filed no later than November 1, 2013 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35773, must be filed with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, one copy of each pleading 

must be served on MSLLC’s counsel, 

Richard H. Streeter, Law Offices of 

Richard H. Streeter, 5255 Partridge Lane 

NW., Washington, DC 20016. 

Board decisions and notices are 

available on our Web site at 

‘‘www.stb.dot.gov.’’ 

Decided: October 22, 2013. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2013–25180 Filed 10–24–13; 8:45 am] 

BILLING CODE 4915–01–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 

[Docket No. CFPB–2013–0029] 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–70731; File No. S7–08–13] 

Proposed Interagency Policy 

Statement Establishing Joint 

Standards for Assessing the Diversity 

Policies and Practices of Entities 

Regulated by the Agencies and 

Request for Comment 

AGENCY: 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 proposed interagency 

policy statement with request for public 

comment. 

SUMMARY: The OCC, Board, FDIC, 

NCUA, CFPB, and SEC (each an 

‘‘Agency’’ and collectively, the 

‘‘Agencies’’) are proposing joint 

standards for assessing the diversity 

policies and practices of the entities 

they regulate. Section 342 of the DoddFrank Wall Street Reform and Consumer 

Protection Act of 2010 (‘‘Dodd-Frank 

Act’’) 1 directed the establishment of an 

Office of Minority and Women 

Inclusion (‘‘OMWI Office’’) in each 

Agency. Each OMWI Office is headed by 

a Director and is responsible for all 

Agency matters relating to diversity in 

management, employment, and business 

activities. Section 342(b)(2)(C) directs 

each Agency’s OMWI Director to 

develop standards for assessing the 

diversity policies and practices of 

entities regulated by that Agency. This 

proposed interagency policy statement 

(‘‘Statement’’) identifies these proposed 

standards and requests comment on all 

aspects of this Statement. 

DATES: Comments must be received on 

or before December 24, 2013. 

ADDRESSES: Interested parties are 

encouraged to submit written comments 

to any of the Agencies listed below. To 

avoid duplication, the Agencies request 

that commenters not submit the same 

comment to more than one Agency. The 

Agencies will share comments with 

each other, as appropriate. 

OCC: Because paper mail in the 

Washington, DC area and at the OCC is 

subject to delay, commenters are 

encouraged to submit comments by 

email, if possible. Please use the title 

‘‘Proposed Interagency Policy Statement 

Establishing Joint Standards For 

Assessing the Diversity Policies and 

Practices of Entities Regulated by the 

Agencies and Request for Comment’’ to 

facilitate the organization and 

distribution of the comments. You may 

submit comments by any of the 

following methods: 

• Email: regs.comments@

occ.treas.gov. 

• Mail: Legislative and Regulatory 

Activities Division, Office of the 

Comptroller of the Currency, Mail Stop 

9W–11, 400 7th Street SW., Washington, 

DC 20219. 

• Fax: (571) 465–4326. 

• Hand Delivery/Courier: 400 7th 

Street SW., Washington, DC 20219. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘Docket 

ID OCC–2013–0014’’ in your comment. 

In general, the OCC will enter all 

comments received into the docket and 

publish them on the Regulations.gov 

Web site without change, including any 

business or personal information that 

you provide such as name and address 

information, email addresses, or phone 

numbers. Comments received, including 

attachments and other supporting 

materials, are part of the public record 

and subject to public disclosure. Do not 

enclose any information in your 

comment or supporting materials that 

you consider confidential or 

inappropriate for public disclosure. 

You may review comments that 

pertain to this notice by: 

Viewing Comments Personally: You 

may personally inspect and photocopy 


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comments at the OCC, 400 7th Street 

SW., Washington, DC. For security 

reasons, the OCC requires that visitors 

make an appointment to inspect 

comments. You may do so by calling 

(202) 649–6700. Upon arrival, visitors 

will be required to present valid 

government-issued photo identification 

and to submit to security screening in 

order to inspect and photocopy 

comments. 

Board: You may submit written 

comments, identified by Docket No. 

OP–1465, by any of the following 

methods: 

• Agency Web site: http://

www.federalreserve.gov. Follow the 

instructions for submitting comments at 

http://www.federalreserve.gov/apps/

foia/proposedregs.aspx. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: regs.comments@

federalreserve.gov. Include the docket 

number in the subject line of the 

message. 

• Fax: (202) 452–3819 or 202–452– 

3102. 

• Mail: Address to Robert deV. 

Frierson, Secretary, Board of Governors 

of the Federal Reserve System, 20th 

Street and Constitution Avenue NW., 

Washington, DC 20551. 

Please send comments by one method 

only. 

All public comments will be made 

available on the Board’s Web site at 

http://www.federalreserve.gov/apps/

foia/proposedregs.aspx as submitted, 

unless modified for technical reasons. 

Accordingly, comments will not be 

edited to remove any identifying or 

contact information. Public comments 

may also be viewed electronically or in 

paper in Room MP–500 of the Board’s 

Martin Building (20th and C Streets 

NW.) between 9:00 a.m. and 5:00 p.m. 

on weekdays. 

FDIC: You may submit comments by 

any of the following methods: 

• FDIC Web site: http://www.fdic.gov/ 

regulations/laws/federal/purpose.html. 

Follow instructions for submitting 

comments on the agency Web site. 

• FDIC Email: Comments@fdic.gov. 

Include ‘‘Comments’’ on the subject line 

of the message. 

• FDIC Mail: Robert E. Feldman, 

Executive Secretary, Attention: 

Comments, Federal Deposit Insurance 

Corporation, 550 17th Street NW., 

Washington, DC 20429. 

• Hand Delivery to FDIC: Comments 

may be hand-delivered to the guard 

station at the rear of the building at 550 

17th Street (located on F Street), 

Washington, DC, on business days 

between 7:00 a.m. and 5:00 p.m. 

Please note: All comments received 

will be posted generally without change 

to http://www.fdic.gov/regulations/laws/ 

federal/propose.html, including any 

personal information provided. 

Please include your name, affiliation, 

address, email address and telephone 

number(s) in your comment. Where 

appropriate, comments should include a 

short Executive Summary (no more than 

five single-spaced pages). All statements 

received, including attachments and 

other supporting materials, are part of 

the public record and subject to public 

disclosure. You should submit only 

information that you wish to make 

available publicly. 

NCUA: You may submit comments by 

any one of the following methods 

(please send comments by one method 

only): 

• Federal rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• NCUA Web site: http://

www.ncua.gov/Legal/Regs/Pages/

PropRegs.aspx. Follow the instructions 

for submitting comments. 

• Email: Address to regcomments@

ncua.gov. Include ‘‘[Your name]— 

Comments on Proposed Interagency 

Policy Statement Establishing Joint 

Standards For Assessing the Diversity 

Policies and Practices of Regulated 

Entities’’ in the email subject line. 

• Fax: (703) 518–6319. Use the 

subject line described above for email. 

• Mail: Address to Gerard Poliquin, 

Secretary of the Board, National Credit 

Union Administration, 1775 Duke 

Street, Alexandria, Virginia 22314– 

3428. 

• Hand Delivery/Courier: Same as 

mail address. 

Public Inspection: You can view all 

public comments on NCUA’s Web site 

at http://www.ncua.gov/Legal/Regs/

Pages/PropRegs.aspx as submitted, 

except for those we cannot post for 

technical reasons. NCUA will not edit or 

remove any identifying or contact 

information from the public comments 

submitted. You may inspect paper 

copies of comments in NCUA’s law 

library at 1775 Duke Street, Alexandria, 

Virginia 22314, by appointment 

weekdays between 9:00 a.m. and 3:00 

p.m. To make an appointment, call (703) 

518–6546 or send an email to 

OGCMail@ncua.gov. 

CFPB: You may submit comments, 

identified by Docket No. CFPB–2013– 

0029, by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail/Hand Delivery/Courier: 

Monica Jackson, Office of the Executive 

Secretary, Bureau of Consumer 

Financial Protection, 1700 G Street NW., 

Washington, DC 20552. 

Instructions: All submissions must 

include the Agency name and docket 

number. In general, all comments 

received will be posted without change 

to http://www.regulations.gov. In 

addition, comments will be available for 

public inspection and copying at 1700 

G Street NW., Washington, DC 20552, 

on official business days between the 

hours of 10:00 a.m. and 5:00 p.m. 

Eastern Time. You can make an 

appointment to inspect the documents 

by telephoning (202) 435–7275. 

All comments, including attachments 

and other supporting materials, will 

become part of the public record and 

subject to public disclosure. Sensitive 

personal information, such as account 

numbers or social security numbers, 

should not be included. Comments will 

not be edited to remove any identifying 

or contact information. 

SEC: Comments may be submitted by 

any of the following methods: 

Electronic Comments: 

• Use the Commission’s Internet 

comment form (http://www.sec.gov); 

• Send an email to rule-comments@

sec.gov. Please include File Number S7– 

08–13 on the subject line; or 

• Use the Federal eRulemaking Portal 

(http://www.regulations.gov). Follow 

instructions for submitting comments. 

Paper Comments: 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–1090. 

• All submissions should refer to File 

Number S7–08–13. This file number 

should be included on the subject line 

if email is used. To help us process and 

review your comments more efficiently, 

please use only one method. The 

Commission will post all comments on 

the Commission’s Internet Web site 

(http://www.sec.gov). Comments also 

are available for Web site 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. All comments 

received will be posted without change; 

we do not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. 

FOR FURTHER INFORMATION CONTACT: 

OCC: Joyce Cofield, Executive 

Director, Office of Minority and Women 

Inclusion, at (202) 649–6460 or Karen 

McSweeney, Senior Attorney, Law 

Department, at (202) 649–6295, Office of 

the Comptroller of the Currency, 400 7th 

Street SW., Washington, DC 20219. 


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BOARD: Sheila Clark, Director, Office 

of Diversity and Inclusion, at (202) 452– 

2883; or Katherine Wheatley, Associate 

General Counsel, Legal Division, at 

(202) 452–3779. 

FDIC: Melodee Brooks, Senior Deputy 

Director, Office of Minority and Women 

Inclusion, (703) 562–6090; Henry R.F. 

Griffin, Assistant General Counsel, (703) 

562–6404; or Michelle M. Borzillo, 

Senior Counsel, (703) 562–6083; or 

Robert Lee, Counsel, (703) 562–2020, 

Legal Division, Federal Deposit 

Insurance Corporation, 550 17th Street 

NW., Washington, DC 20429–0002. 

NCUA: Tawana James, Director, 

Office of Minority and Women 

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

Vaughn, Diversity Outreach Program 

Analyst, Office of Minority and Women 

Inclusion, at (703) 518–1653, or Steven 

W. Widerman, Senior Staff Attorney, 

Office of General Counsel, at (703) 518– 

6540. 

CFPB: Stuart Ishimaru, Director, 

Office of Minority and Women 

Inclusion, at (202) 435–9012, or ToQuyen Truong, Deputy General Counsel, 

Legal Division at (202) 435–7434, 

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 Tracey L. McNeil, 

Counsel, Office of Minority and Women 

Inclusion, (202) 551–3392, Securities 

and Exchange Commission, 100 F Street 

NE., Washington, DC 20549. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Each Office of Minority and Women 

Inclusion (OMWI) is headed by a 

Director who is responsible for Agency 

matters relating to diversity in 

management, employment, and business 

activities. Section 342(b)(2)(C) requires 

each Agency’s OMWI Director to 

develop standards for ‘‘assessing the 

diversity policies and practices of 

entities regulated by the agency.’’ Such 

standards take into account section 

342(b)(4), which states that nothing in 

section 342(b)(2)(C) ‘‘may be construed 

to mandate any requirement on or 

otherwise affect the lending policies and 

practices of any regulated entity, or to 

require any specific action based on the 

findings of the assessment.’’ 

The Agencies believe that a goal of 

section 342 is to promote transparency 

and awareness of diversity policies and 

practices within the entities regulated 

by the Agencies. The establishment of 

standards will provide guidance to the 

regulated entities and the public for 

assessing the diversity policies and 

practices of regulated entities. In 

addition, by facilitating greater 

awareness and transparency of the 

diversity policies and practices of 

regulated entities, the standards will 

provide the public a greater ability to 

assess diversity policies and practices of 

regulated entities. The Agencies 

recognize that greater diversity and 

inclusion promotes stronger, more 

effective, and more innovative 

businesses, as well as opportunities to 

serve a wider range of customers. 

The Agencies believe that the term 

‘‘assessment’’ encompasses many 

different types of assessments including 

self-assessment and provides an 

opportunity for the Agencies and the 

public to understand the diversity 

policies and practices of regulated 

entities. The assessment envisioned by 

the Agencies is not one of a traditional 

examination or other supervisory 

assessment. Thus, the Agencies will not 

use the examination or supervision 

process in connection with these 

proposed standards. 

The Agencies are cognizant that 

regulated entities (a) with 100 or more 

employees; or (b) who are federal 

contractors with 50 or more employees 

and are prime contractors or first-tier 

subcontractors, with contracts of 

$50,000 or more are required to file an 

Employer Information Report EEO–1 

(‘‘EEO–1 Report’’) with the Equal 

Employment Opportunity Commission. 

These reports contain data on the 

employment diversity at these regulated 

entities, and should assist the regulated 

entities in assessing their diversity 

policies and practices. We encourage 

regulated entities that are not required 

to file EEO–1 Reports to monitor and 

assess their diversity policies and 

practices and to use the proposed 

standards as a guide. 

The OMWI Directors have worked 

together to develop a set of proposed 

standards for assessing the diversity 

policies and practices of entities 

regulated by the Agencies. In 

developing these standards, the 

Agencies took into account individual 

entities’ circumstances (for example, 

asset size of the entity, number of 

employees, governance structure, 

income, number of members and/or 

customers, contract volume, geographic 

location, and community 

characteristics). We seek comments 

specifically on how we might better take 

into account individual entities’ 

circumstances, especially for small 

regulated entities. 

II. The Development of Proposed Joint 

Standards 

During 2012, to encourage input and 

to learn more about diversity policies 

and practices, the OMWI Directors and 

staff held a series of roundtable 

discussions and teleconferences across 

the country with representatives of 

depository institutions, holding 

companies, credit unions, and industry 

trade groups. These outreach efforts 

served as an opportunity for regulated 

entities to provide input on assessment 

standards and for the Agencies to learn 

about the challenges and successes of 

current diversity programs and policies. 

The OMWI Directors also held 

roundtable discussions with members of 

groups representing financial services 

professionals, communities, and 

consumer advocates. These meetings 

provided the Agencies with a greater 

understanding of the issues facing 

minorities and women with respect to 

employment and business contracting 

opportunities within the financial 

services industry. 

Based on feedback received from the 

outreach sessions, the Agencies together 

have drafted proposed standards for 

assessing the diversity policies and 

practices of the entities regulated by the 

Agencies. These proposed standards 

address a regulated entity’s employment 

practices and its business practices with 

regard to the procurement of goods and 

services. 

The Agencies recognize that these 

standards may need to change and 

improve over time. Accordingly, the 

Agencies are open to ideas and input 

from the public to strengthen and 

develop this policy statement. Legal 

responsibility for insured depository 

institutions, credit unions, and 

depository institution holding 

companies shall be with the primary 

prudential regulator with respect to 

section 342 of the Dodd-Frank Act and 

these standards. 

The proposed Statement follows. 

Interagency Policy Statement 

Establishing Joint Standards for 

Assessing the Diversity Policies and 

Practices of Entities Regulated by the 

Agencies and Request for Comment 

I. Introduction 

Section 342 of the Dodd Frank Wall 

Street Reform and Consumer Protection 

Act of 2010 requires the Directors of the 

Offices of Minority and Women 

Inclusion (OMWI) to develop standards 

by which the diversity policies and 

practices of the entities regulated by the 

Office of the Comptroller of the 

Currency, Board of Governors of the 

Federal Reserve System, Federal Deposit 

Insurance Corporation, National Credit 

Union Administration, Bureau of 

Consumer Financial Protection, and 

Securities and Exchange Commission 


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2The Employer Information Report EEO–1 (EEO– 

1 Report) is required to be filed annually with the 

EEOC by (a) private employers with 100 or more 

employees or (b) federal contractors who have 50 

or more employees, and are prime contractors or 

first-tier subcontractors, with contracts of $50,000 

or more. 

(‘‘the Agencies’’) may be assessed. To 

promote consistency in this area, the 

OMWI Directors worked together to 

develop joint proposed standards. 

II. The Joint Standards 

An assessment of diversity policies 

and practices of the entities regulated by 

the Agencies may include the factors 

listed below. These standards may be 

tailored to take into consideration an 

individual entity’s size and other 

characteristics (for example, total assets, 

number of employees, governance 

structure, revenues, number of members 

and/or customers, contract volume, 

geographic location, and community 

characteristics). 

(1) Organizational Commitment to 

Diversity and Inclusion 

The leadership of a successful 

organization demonstrates its 

commitment to diversity and inclusion. 

Leadership comes from the governing 

body such as a board of directors, senior 

officials, and those managing the 

organization on a day-to-day basis. 

These standards inform how an entity 

promotes diversity and inclusion both 

in employment and contracting, and 

how an entity fosters a corporate culture 

that embraces diversity and inclusion. 

Standards 

In a manner reflective of the 

individual entity’s size and other 

characteristics, 

• The regulated entity includes 

diversity and inclusion considerations 

in both employment and contracting as 

an important part of its strategic plan 

including hiring, recruiting, retention 

and promotion. 

• The entity has a diversity and 

inclusion policy that is approved and 

supported by senior leadership, 

including senior management and the 

board of directors. 

• The entity provides regular progress 

reports to the board and/or senior 

management. 

• The entity conducts equal 

employment opportunity and diversity 

and inclusion education and training on 

a regular and periodic basis. 

• The entity has a senior level official 

who oversees and directs the entity’s 

diversity efforts. For some institutions, 

these responsibilities are assigned to an 

executive-level Chief Diversity Officer 

(or equivalent position) with dedicated 

resources to support diversity strategies 

and initiatives. For other entities, such 

as smaller entities, these responsibilities 

are assigned to a senior officer with 

sufficient authority. 

• The entity takes proactive steps to 

promote a diverse pool of candidates, 

including women and minorities, in its 

hiring, recruiting, retention, and 

promotion, as well as in its selection of 

board members, senior management, 

and other senior leadership positions. 

(2) Workforce Profile and Employment 

Practices 

Many entities promote the fair 

inclusion of minorities and women in 

their workforce by publicizing 

employment opportunities, creating 

relationships with minority and women 

professional organizations and 

educational institutions, creating a 

culture that values the contribution of 

all employees, and encouraging focus on 

these objectives when evaluating 

performance of managers. Entities with 

diversity and inclusion programs 

regularly evaluate their programs and 

identify areas that can be improved. 

Entities use various analytical tools to 

evaluate a wide range of business 

objectives, including metrics to track 

and measure the inclusiveness of their 

workforce (e.g., race, ethnicity, and 

gender). Regulated entities that are 

subject to the Equal Employment 

Opportunity Commission (EEOC) and 

the Office of Federal Contract 

Compliance Programs (OFCCP) 

reporting requirements 2 currently 

provide data and supporting 

documentation that serve as analytical 

tools to evaluate diversity and inclusion 

programs. For entities not subject to the 

EEOC and OFCCP reporting 

requirements, these tools may serve as 

valuable models for data analysis to 

evaluate and assess diversity efforts. 

Standards 

In a manner reflective of the 

individual entity’s size and other 

characteristics, 

• Entities that file an annual EEO–1 

Report as required by Title VII of the 

Civil Rights Act of 1964, or otherwise 

track their workforce data, use the data 

to evaluate and assess workforce 

diversity and inclusion efforts. 

• Entities that prepare annual 

Affirmative Action Plans as required by 

Executive Order 11246 under the 

jurisdiction of the OFCCP use those 

plans to evaluate and assess workforce 

diversity and inclusion efforts. 

• The entity utilizes metrics to 

evaluate and assess workforce diversity 

and inclusion efforts, such as 

recruitment, applicant tracking, hiring, 

promotions, separations (voluntary and 

involuntary), career development 

support, coaching, executive seminars 

and retention across all levels and 

occupations of the organization 

including executive and managerial 

ranks. 

• The entity holds management 

accountable for diversity and inclusion 

efforts. 

• The entity has policies and 

practices that create diverse applicant 

pools for both internal and external 

opportunities that may include: 

Æ Outreach to minority and women 

organizations; 

Æ Outreach to educational 

institutions serving significant minority 

and women student populations; and 

Æ Participation in conferences, 

workshops, and other events to attract 

minorities and women and inform them 

of employment and promotion 

opportunities. 

(3) Procurement and Business 

Practices—Supplier Diversity 

We recognize that there is limited 

public information available on supplier 

diversity at regulated entities and it may 

be more challenging to compare 

supplier diversity policies and practices 

among regulated entities. Some smaller 

institutions may also face greater 

challenges in gathering such 

information. 

Companies increasingly understand 

the competitive advantage of using a 

broader choice of available businesses 

with benefits such as price, quality, 

attention to detail, and future 

relationship building. A number of 

entities have achieved success at 

broadening the range of available 

business options by increasing outreach 

to minority-owned and women-owned 

businesses. 

As in the employment context, 

entities often use metrics to know the 

baseline of how much they spend on 

procuring goods and services and 

contracting for other business services, 

how much they spend with minorityowned and women-owned businesses, 

the availability of relevant minorityowned and women-owned businesses, 

and the growth in usage over time. 

Similarly, entities can use outreach 

methods to inform minority-owned and 

women-owned businesses (and affinity 

groups representing these 

constituencies) of the availability of 

these opportunities and the mechanism 

used by the entity for procurement. 

In addition, entities’ prime 

contractors often use subcontractors to 

fulfill the obligations of various 

contracts. The use of minority-owned 

and women-owned businesses as 


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subcontractors provides valuable 

opportunities for both the minorityowned and women-owned businesses as 

well as for the prime contractor. The 

prime contractor can use this 

opportunity to work with minorityowned and women-owned businesses, 

and can expand the prime contractor’s 

own capability under the contract. 

Entities can encourage the use of 

minority-owned and women-owned 

subcontractors by incorporating this 

objective in their business contracts. 

Standards 

In a manner reflective of the 

individual entity’s size and other 

characteristics, 

• The entity has a supplier diversity 

policy that provides for a fair 

opportunity for minority-owned and 

women-owned businesses to compete in 

procurements of business goods and 

services. This includes contracts of all 

types, including contracts for the 

issuance or guarantee of any debt, 

equity, or security, the sale of assets, the 

management of assets of the entity, and 

the making of equity investments by the 

entity. 

• The entity has methods to evaluate 

and assess its supplier diversity, which 

may include metrics and analytics 

related to: 

Æ Annual contract spending by the 

entity; 

Æ Percentage spent with minorityowned and women-owned business 

contractors by race, ethnicity, and 

gender; 

Æ Percentage of contracts with 

minority-owned and women-owned 

business sub-contracts; and 

Æ Demographics of the workforce for 

contractors and subcontractors. 

• The entity has practices to promote 

a diverse supplier pool which may 

include: 

Æ Outreach to minority-owned and 

women-owned contractors and 

representative organizations; 

Æ Participation in conferences, 

workshops and other events to attract 

minority-owned and women-owned 

firms and inform them of contracting 

opportunities; and 

Æ An ongoing process to publicize its 

procurement opportunities. 

(4) Practices To Promote Transparency 

of Organizational Diversity and 

Inclusion 

To promote the objectives of section 

342, an entity’s diversity and inclusion 

program should be transparent. 

Transparency and publicity can be an 

important aspect of assessing diversity 

policies and practices. Greater 

awareness and transparency can give 

members of the public information that 

allows them to assess those policies and 

practices. Entities can publicize 

information on their diversity and 

inclusion efforts through normal 

business methods, which can include, 

among other things, displaying 

information on their Web sites, in their 

promotional materials and in their 

annual reports to shareholders, if 

applicable. Making public an entity’s 

commitment to diversity and inclusion, 

its plans for achieving diversity and 

inclusion, and its metrics used to 

measure success in both workplace and 

supplier diversity, informs a broad 

constituency—its investors, employees, 

potential employees and suppliers, 

customers, and the general community. 

Publication of this information can open 

new markets to new communities and 

can illustrate the progress that has been 

made toward an important business 

goal. 

Standards 

In a manner reflective of the 

individual entity’s size and other 

characteristics, the regulated entity 

provides transparency in its activities 

regarding diversity and inclusion by 

making the following information 

available to the public annually through 

its public Web site or other appropriate 

communication methods: 

• Its diversity and inclusion strategic 

plan; 

• its commitment to diversity and 

inclusion; and 

• its progress toward achieving 

diversity and inclusion in its workforce 

and procurement activities, which may 

include its: 

Æ current workforce and supplier 

demographic profiles; 

Æ current employment and 

procurement opportunities; 

Æ forecasts of potential employment 

and procurement opportunities; and 

Æ the availability and use of 

mentorship and developmental 

programs for employees and contractors. 

III. Proposed Approach to Assessment 

In developing the standards proposed 

in this Statement, the Agencies believe 

that the term ‘‘assessment’’ 

contemplates both self-assessment and 

an opportunity for the Agencies and the 

public to understand the diversity 

policies and practices of regulated 

entities. The assessment envisioned by 

the Agencies is not one of a traditional 

examination or other supervisory 

assessment. Thus, the Agencies will not 

use the examination or supervision 

process in connection with these 

proposed standards. 

A model assessment would include: 

• A self-assessment utilizing the 

proposed standards to conduct a 

quantitative and qualitative evaluation 

of the diversity and inclusion policies 

and practices, as stated in Section II 

(The Joint Standards). 

• Voluntary disclosure to the 

appropriate Agency of the selfassessment and other information the 

entity deems relevant. The Agencies 

will monitor the information submitted 

over time for use as a resource in 

carrying out their diversity and 

inclusion responsibilities. 

• The entity displays information on 

its public Web site and in its annual 

reports, and in other materials, 

regarding its efforts to comply with 

these proposed standards as an 

opportunity for more public awareness 

and understanding of its diversity 

policies and practices. The Agencies 

may periodically review information on 

regulated entities’ public Web sites to 

monitor diversity and inclusion 

practices. 

Entities that are required to file an 

EEO–1 Report are encouraged to use the 

proposed standards to develop and 

monitor diversity policies and practices. 

Entities that do not file EEO–1 Reports 

may also consider using the standards 

in a manner reflective of the individual 

entity’s size and other characteristics. 

The OMWI Directors will also 

continue to reach out to regulated 

entities and other interested parties to 

discuss diversity and inclusion 

practices and methods of assessment. 

IV. Request for Comment 

The Agencies request comments on 

all aspects of this draft policy statement, 

including but not limited to those set 

forth below. The Agencies will revise 

the Statement as appropriate after a 

review of public comments. 

(1) Are the proposed joint standards 

effective and appropriate to promote 

diversity and inclusion? Why or why 

not? If not, what standards would be 

appropriate and why? How would such 

standards support or hinder the 

objectives of section 342? 

(2) Are the proposed joint standards 

sufficiently flexible but still effective to 

allow meaningful assessments of 

entities with a wide range of particular 

characteristics or circumstances (for 

example, asset size; number of 

employees; contract volume; income 

stream; and number of members and/or 

customers)? Are there other ways to 

approach the standards for smaller 

entities, such as those with small 

contracting dollar volumes or those not 

required to file EEO–1 reports? What 

other approaches or characteristics 

would be appropriate for any such 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Notices 64057 

alternative, modified or scaled 

approach? How would such 

modification or scaling support or 

hinder the objectives of section 342? 

(3) What other factors, if any, would 

be useful in assessing the diversity 

policies and practices of the regulated 

entities, and why should such factors be 

considered? How would such factors 

support or hinder the objectives of 

section 342? 

(4) Is the proposed model approach to 

assessment effective and appropriate to 

promote diversity and inclusion? Why 

or why not? If not, what approach 

would be appropriate and why? How 

would such approach support or hinder 

the objectives of Section 342? 

(5) Would there be potential 

advantages or disadvantages of the 

proposed model approach to 

assessment? If so, what would they be? 

V. Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act (PRA) of 1995 (44 U.S.C. 

3501 et. seq)., the Agencies have 

reviewed the proposed policy statement 

and determined that it contains no 

collections of information requiring 

approval by the Office of Management 

and Budget (OMB). As the Agencies 

consider the public comments received 

and finalize the policy statement, they 

will reevaluate this PRA determination. 

Dated: October 2, 2013. 

Thomas J. Curry, 

Comptroller of the Currency. 

By order of the Board of Governors of the 

Federal Reserve System, October 10, 2013. 

Robert deV. Frierson, 

Secretary of the Board. 

Dated at Washington, DC, this 4th of 

October 2013. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

By the National Credit Union 

Administration Board on September 18, 

2013. 

Gerard Poliquin, 

Secretary of the Board. 

Dated: October 1, 2013. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

By the Securities and Exchange 

Commission. 

Dated: October 22, 2013. 

Elizabeth M. Murphy 

Secretary. 

[FR Doc. 2013–25142 Filed 10–24–13; 8:45 am] 

BILLING CODE 4810–33–P; 6210–01–P; 6741–01–P; 

7590–01–P; 4810–AM–P; 8011–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Forms 1065, 1065–B, 1066, 

1120, 1120–C, 1120–F, 1120–H, 1120– 

ND, 1120–S, 1120–SF, 1120–FSC, 

1120–L, 1120–PC, 1120–REIT, 1120– 

RIC, 1120–POL and Related 

Attachments 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Internal Revenue Service, 

as part of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on proposed 

and continuing information collections, 

as required by the Paperwork Reduction 

Act of 1995 (PRA), Public Law 104–13 

(44 U.S.C. 3506(c)(2)(A)). This notice 

requests comments on all forms used by 

business entity taxpayers: 

Forms 1065, 1065–B, 1066, 1120, 

1120–C, 1120–F, 1120–H, 1120–ND, 

1120–S, 1120–SF, 1120–FSC, 1120–L, 

1120–PC, 1120–REIT, 1120–RIC, 1120– 

POL; and all attachments to these forms 

(see the Appendix to this notice). With 

this notice, the IRS is also announcing 

significant changes to (1) the manner in 

which tax forms used by business 

taxpayers will be approved under the 

PRA and (2) its method of estimating the 

paperwork burden imposed on all 

business taxpayers. 

DATES: Written comments should be 

received on or before December 24, 2013 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Yvette Lawrence, Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form and instructions 

should be directed to Allan Hopkins, at 

Internal Revenue Service, Room 6129, 

1111 Constitution Avenue NW., 

Washington, DC 20224, or through the 

internet, at Allan.M.Hopkins@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Change in PRA Approval of Forms 

Used by Business Taxpayers 

Under the PRA, OMB assigns a 

control number to each ‘‘collection of 

information’’ that it reviews and 

approves for use by an agency. A single 

information collection may consist of 

one or more forms, recordkeeping 

requirements, and/or third-party 

disclosure requirements. Under the PRA 

and OMB regulations, agencies have the 

discretion to seek separate OMB 

approvals for business forms, 

recordkeeping requirements, and thirdparty reporting requirements or to 

combine any number of forms, 

recordkeeping requirements, and/or 

third-party disclosure requirements 

(usually related in subject matter) under 

one OMB Control Number. Agency 

decisions on whether to group 

individual requirements under a single 

OMB Control Number or to disaggregate 

them and request separate OMB Control 

Numbers are based largely on 

considerations of administrative 

practicality. 

The PRA also requires agencies to 

estimate the burden for each collection 

of information. Accordingly, each OMB 

Control Number has an associated 

burden estimate. The burden estimates 

for each control number are displayed 

in (1) the PRA notices that accompany 

collections of information, (2) Federal 

Register notices such as this one, and 

(3) in OMB’s database of approved 

information collections. If more than 

one form, recordkeeping requirement, 

and/or third-party disclosure 

requirement is approved under a single 

control number, then the burden 

estimate for that control number reflects 

the burden associated with all of the 

approved forms, recordkeeping 

requirements, and/or third-party 

disclosure requirements. 

As described below under the heading 

‘‘New Burden Model,’’ the IRS’s new 

Business Taxpayer Burden Model 

(BTBM) estimates of taxpayer burden 

are based on taxpayer characteristics 

and activities, taking into account, 

among other things, the forms and 

schedules generally used by those 

groups of business taxpayers and the 

recordkeeping and other activities 

needed to complete those forms. The 

BTBM represents the second phase of a 

long-term effort to improve the ability of 

IRS to measure the burden imposed on 

various groups of taxpayers by the 

federal tax system. While the new 

methodology provides a more accurate 

and comprehensive description of 

business taxpayer burden, it will not 

provide burden estimates on a form-byform basis, as has been done under the 

previous methodology. When the prior 

model was developed in the mid-1980s, 

almost all tax returns were prepared 

manually, either by the taxpayer or a 

paid provider. In this context, it was 

determined that estimating burden on a 

form-by-form basis was an appropriate 

methodology. Today, over 90 percent of 

all business entity tax returns are 

prepared using software or with 

preparer assistance. In this 


emcdonald on DSK67QTVN1PROD with NOTICES