Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices 79559 

222The Commission notes that FINRA urges firms 

to conduct focused reviews of one-person OSJs that 

conduct sales-related activity. 

223See supra Sections III(D)(2), III(F)(1), and 

III(K)(2). 

224See supra Sections III(E)(1), III(F)(1), and 

III(F)(2). 

225See supra Section III(F). 

226See supra Section III(E). 

227See supra Section III(G). 

228See supra Section III(I). 

229See 15 U.S.C. 78c(f). 

230SEC, Division of Market Regulation (now 

known as, Division of Trading and Markets), Staff 

Legal Bulletin No. 17: Remote Office Supervision 

(March 19, 2004). 232 17 CFR 200.30–3(a)(12). 

commenter concerns and minimize 

burdens resulting from the proposed 

rule’s requirements. Additionally, many 

of the amendments are designed to 

revert to existing requirements in the 

NASD and NYSE rules. For example, in 

Amendment No. 1, FINRA proposed to 

respond to commenter concerns by, 

among other things: 

• Deleting references to MSRB rules, 

noting that members are separately 

obligated to comply with MSRB Rule G– 

27; 

• Deleting proposed FINRA Rule 

3110.03 (One-Person OSJs), in light of 

comments concerning the negative 

impact and costs of the proposed 

requirement, especially for independent 

firms; 222

• Replacing the presumption in 

proposed FINRA Rule 3110.03 

(Supervision of Multiple OSJs by a 

Single Principal) that assigning one 

principal to be the on-site principal at 

more than two OSJs is unreasonable 

with a general statement that assigning 

a principal to more than one OSJ will 

be subject to scrutiny; 

• Modifying proposed Rule 3310.05 

to incorporate additional clarification 

regarding a member’s risk-based review 

system; 

• Clarifying in proposed FINRA Rules 

3110(b)(6)(D) and 3110(c)(3)(A) that the 

provisions do not create a strict liability 

obligation requiring identification and 

elimination of all conflicts of interest; 

• Revising the definition of ‘‘covered 

account’’ in proposed FINRA Rule 

3110(d) to align the definition with 

existing NYSE guidance; and 

• Clarifying in proposed FINRA Rule 

3120(b) that a firm must only comply 

with the requirement to include certain 

additional content in its report to senior 

management only to the extent 

applicable to the member’s business, 

noting that not all the content 

requirements are relevant to every firm. 

Additionally, in its responses, FINRA 

provided guidance and clarifications 

concerning the provisions noted above 

and other provisions, as well as general 

matters, about which commenters raised 

concerns. For example, FINRA 

responded to comments concerning 

costs,223 the application of a risk-based 

approach,224 review of correspondence 

and internal communications,225 review 

of transactions,226 review of customer 

complaints,227 and maintenance and 

communication of written supervisory 

procedures,228 among others. 

In approving this proposed rule 

change, the Commission has considered 

the proposed rule’s impact on 

efficiency, competition, and capital 

formation.229 As discussed above, the 

Commission believes that the proposed 

rule change, as amended by 

Amendment No. 1, is consistent with 

Sections 15A(b)(6) and 15A(b)(9) of the 

Act. The Commission ‘‘has long 

emphasized that the responsibility of 

broker-dealers to supervise their 

employees is a critical component of the 

federal regulatory scheme.’’ 230 By 

harmonizing current NASD and NYSE 

supervisory rules into one consolidated 

FINRA rulebook, the proposed rule will 

protect investors and the public interest 

while also enhancing efficiency. Among 

other things, the proposed rule would 

incorporate additional flexibility in 

some instances by permitting firms to 

implement risk-based principles 

consistent with a firm’s business model. 

The proposed rule also takes into 

account potential inefficiencies that 

firms could experience if FINRA 

adopted the expanded definition of 

‘‘covered accounts.’’ As a result, FINRA 

amended the definition in Amendment 

No. 1 to align it with current guidance. 

The Commission also believes that the 

proposed rule takes into account 

competitive concerns that could arise 

from different supervisory approaches 

for different product lines, business 

models, business size, and resources. 

Moreover, by permitting a risk-based 

principles approach when applying 

certain supervisory standards, the 

proposed rule is designed to allow firms 

to implement supervisory policies and 

procedures and programs in a manner 

consistent with their business models. 

The Commission has reviewed the 

record for the proposed rule change and 

notes that the record does not contain 

any information to indicate that the 

proposed rule would have a significant 

effect on capital formation. The 

Commission believes that the effect of 

the proposed rule is beneficial and that 

the changes will enhance investor 

confidence by promoting robust 

supervisory policies and procedures, 

programs, and controls that can be 

flexibly applied to account for member 

firms’ business models. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,231 that the 

proposed rule change (SR–FINRA– 

2013–025), as modified by Amendment 

No. 1 be, and hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.232

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2013–31134 Filed 12–27–13; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 8578] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Miro ́: 

The Experience of Seeing’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236–3 of August 28, 2000 (and, as 

appropriate, Delegation of Authority No. 

257 of April 15, 2003), I hereby 

determine that the objects to be 

included in the exhibition ‘‘Miro ́: The 

Experience of Seeing,’’ imported from 

abroad for temporary exhibition within 

the United States, are of cultural 

significance. The objects are imported 

pursuant to loan agreements with the 

foreign owner or custodian. I also 

determine that the exhibition or display 

of the exhibit objects at the Seattle Art 

Museum, Seattle, WA, from on or about 

February 13, 2014, until on or about 

May 18, 2014, the Nasher Museum of 

Art at Duke University, from on or about 

August 28, 2014, until on or about 

February 22, 2015, the Denver Art 

Museum, from on or about March 22, 

2015, until on or about June 28, 2015, 

and at possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. I have ordered that 

Public Notice of these Determinations 

be published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Julie 

Simpson, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6467). The 

mailing address is U.S. Department of 

maindgalligan on DSK5TPTVN1PROD with NOTICES

79560 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices 

1See http://www.fhwa.dot.gov/construction/ 

contracts/cmaq131115.cfm 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: December 18, 2013. 

Evan M. Ryan, 

Assistant Secretary, Bureau of Educational 

and Cultural Affairs, Department of State. 

[FR Doc. 2013–31087 Filed 12–27–13; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 8579] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Khirbet 

el-Maqatir: History of a Biblical Site’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, and Delegation of 

Authority No. 236–3 of August 28, 2000, 

I hereby determine that the objects to be 

included in the exhibition, ‘‘Khirbet elMaqatir: History of a Biblical Site,’’ 

imported from abroad for temporary 

exhibition within the United States, are 

of cultural significance. The objects are 

imported pursuant to loan agreements 

with the foreign owners or custodians. 

I also determine that the exhibition or 

display of the exhibit objects at the 

Dunham Bible Museum, Houston 

Baptist University, Houston, Texas, 

from on or about January 21, 2014, until 

on or about December 19, 2014, and at 

possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. I have ordered that 

Public Notice of these Determinations 

be published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Paul W. 

Manning, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6469). The 

mailing address is U.S. Department of 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: December 20, 2013. 

Evan Ryan, 

Assistant Secretary, Bureau of Educational 

and Cultural Affairs, Department of State. 

[FR Doc. 2013–31064 Filed 12–27–13; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding the FHWA’s 

finding that a partial Buy America 

waiver is appropriate for the obligation 

of Federal-aid funds for 112 State 

requests regarding specific vehicle 

projects (including sedans, vans, 

pickups, SUVs, trucks, buses, and 

equipment, such as backhoes, street 

sweepers, tractors and low emission 

locomotives), including projects to 

retrofit vehicles with individual vehicle 

components, so long as they are 

assembled in the United States. The 

FHWA’s Buy America requirements 

provide that 100 percent of all steel and 

iron comprising a predominantly steel 

and iron product that is permanently 

incorporated into a project must be 

domestically manufactured. With 

respect to vehicles, manufacturers 

typically assemble these products with 

many different components and 

subcomponents containing steel and 

iron. As a result, vehicles are typically 

referred to as being made where the 

final product rolls off the assembly line 

for delivery into the marketplace. The 

FHWA is unaware of any vehicle that is 

comprised of 100 percent domestically 

produced steel and iron, resulting in a 

need for a partial Buy America waiver 

for these projects to proceed. 

DATES: The effective date of the waiver 

is December 31, 2013. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, or via email at 

gerald.yakowenko@dot.gov. For legal 

questions, please contact Mr. Michael 

Harkins, FHWA Office of the Chief 

Counsel, (202) 366–4928, or via email at 

michael.harkins@dot.gov. Office hours 

for the FHWA are from 8:00 a.m. to 4:30 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA’s Buy America 

requirements at 23 U.S.C. 313 require a 

domestic manufacturing process for any 

steel or iron products (including 

protective coatings) that are 

permanently incorporated in a Federalaid project. The statute also provides for 

a waiver of the Buy America 

requirements when the application 

would be inconsistent with the public 

interest or when satisfactory quality 

domestic steel and iron products are not 

sufficiently available. This notice 

provides information regarding the 

FHWA’s finding that a partial Buy 

America waiver is appropriate for the 

obligation of Federal-aid funds for the 

purchase of 112 State requests regarding 

specific vehicle projects (including 

sedans, vans, pickups, SUVs, trucks, 

buses, and equipment, such as 

backhoes, street sweepers, and tractors 

and low emission locomotives).1

In accordance with Division A, 

section 122 of the ‘‘Consolidated and 

Further Continuing Appropriations Act, 

2012’’ (Pub. L. 112–284), the FHWA 

published a notice of intent to issue a 

waiver on its Web site for 112 State 

requests regarding specific vehicle 

projects (including sedans, vans, 

pickups, SUVs, trucks, buses, and 

equipment, such as backhoes, street 

sweepers, and tractors) (http:// 

www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=93) on 

November 15th. The FHWA received 20 

comments in response to the 

publication. No commenter objected to 

the waiver, and one commenter 

expressed concern regarding FHWA’s 

current process of approving a waiver 

for vehicle retrofit projects under the 

Congestion Mitigation Air Quality 

(CMAQ) Improvement Program. This 

commenter suggested that FHWA 

should make all diesel retrofit devices 

and components exempt from the Buy 

America requirements. 

The FHWA appreciates the need to 

provide clear guidance concerning the 

application of Buy America 

requirements to vehicles and diesel 

engine retrofit projects; however, the 

issuance of guidance for that subject is 

outside of the scope of this Notice. The 

FHWA issued a Federal Register Notice 

and Request for Comment on various 

aspects of the Buy America 

requirements on July 10, 2013. The 

FHWA is currently evaluating all 

comments and assessing the need for 

additional guidance or clarification. 

Based on all the information available 

to the agency, the FHWA concludes that 

maindgalligan on DSK5TPTVN1PROD with NOTICES