Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Notices 28319 

10 In a dispute between members, if the panel 

consists of one arbitrator, the arbitrator will be 

selected from FINRA’s non-public chairperson 

arbitrator roster. See Rule 13402(a). 

11See Rule 13403(b)(1). FINRA has raised the 

amount in controversy that will be heard by a single 

chair-qualified arbitrator to $100,000. The rule 

became effective on March 30, 2009. See Exchange 

Act Release No. 59340 (February 2, 2009), 74 FR 

6335 (February 6, 2009) (File No. SR–FINRA–2008– 

047); see also Regulatory Notice 09–13. 

12Pursuant to Rule 13407(a), FINRA will send the 

list of non-public arbitrators to the new party, with 

employment history for the past 10 years and other 

background information for each arbitrator listed. 

The newly added party may rank and strike 

arbitrators in accordance with Rule 13404. 

13See note 8 supra. 

14See Rule 13309(c) of the Industry Code. 15Pursuant to Rule 13407(b), the newly added 

party may not strike the non-public arbitrator but 

may challenge the arbitrator for cause in accordance 

with Rule 13410. 16See note 8 supra. 17 In approving the proposed rule change, the 

Commission has considered the rule change’s 

impact on efficiency, competition, and capital 

formation. 15 U.S.C. 78c(f). 

18 15 U.S.C. 78o–3(b)(6). 

19 15 U.S.C. 78s(b)(2). 

20 17 CFR 200.30–3(a)(12). 

Employment Disputes Involving Only 

Members 

FINRA proposed to amend Rule 

13402(a) to clarify that, in disputes 

involving only members, the parties will 

receive an all non-public panel. FINRA 

noted that the proposed amendment to 

Rule 13402(a) is consistent with the 

current rule and its intent, which is that 

disputes involving only members 

should receive an all non-public panel. 

Amendments to Pleadings That Add an 

Associated Person 

FINRA proposed to add a provision to 

Rule 13402(a) to address amended 

pleadings that add an associated person 

as a party. Under the proposed rule 

change, if a member in a dispute 

involving only members amends a 

pleading to add a party who is an 

associated person, the parties will 

receive a majority public panel. If lists 

of potential arbitrators have not been 

sent to parties, the Neutral List 

Selection System (NLSS) would 

generate three lists as outlined in Rule 

13403(b)(2) of the Industry Code. 

Specifically, FINRA would send a 

public chairperson list, a public 

arbitrator list, and a non-public 

arbitrator list. If the panel consists of 

one arbitrator,10 NLSS would generate a 

public chairperson list, and FINRA 

would send this list only to the 

parties.11

If the lists have been sent to parties 

but are not yet due, FINRA would send 

two new lists to the parties: A public 

chairperson list and a public arbitrator 

list as outlined in Rule 13403(b)(2).12

The parties would keep the non-public 

chairperson list provided to them as 

described in Rule 13403(a), and would 

select the non-public arbitrator from this 

list. The arbitrator selected from the 

public chairperson list would be the 

chairperson of the panel. If the panel 

consists of one arbitrator, FINRA would 

send only a new public chairperson list 

to the parties.13

If the ranked lists are due, then the 

parties may not amend a pleading to 

add a new party until a panel has been 

selected and the panel grants a motion 

to add the party.14 If the panel grants the 

motion to add an associated person, 

FINRA will retain the non-public 

chairperson from the panel, and remove 

the remaining non-public arbitrators.15

The parties would select two public 

arbitrators from new lists that FINRA 

would send to them in the same manner 

as if the ranked lists are not yet due. The 

arbitrator selected from the public 

chairperson list would be the 

chairperson of the panel. If the panel 

consists of one arbitrator and the 

arbitrator grants a motion to add an 

associated person, the arbitrator would 

be replaced with a public chairqualified arbitrator that the parties 

select from a new public chairperson 

list that NLSS would generate.16

II. Discussion 

After careful review, the Commission 

finds that the proposed rule change is 

consistent with the requirements of the 

Act and the rules and regulations 

thereunder applicable to a national 

securities association.17 In particular, 

the Commission finds that the proposed 

rule change is consistent with Section 

15A(b)(6) of the Act,18 in that it is 

designed, among other things, to 

prevent fraudulent and manipulative 

acts and practices; to promote just and 

equitable principles of trade; to remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system; and, in 

general, to protect investors and the 

public interest. 

The Commission believes that the 

proposed rule change will protect the 

public interest by simplifying the 

criteria for panel composition in 

industry disputes, establishing an 

objective standard for determining panel 

composition, and ensuring that panel 

composition is determined by the types 

of parties involved, and not by the types 

of claims filed. 

III. Conclusion 

For the foregoing reasons, the 

Commission finds that the proposed 

rule change is consistent with the Act 

and the rules and regulations 

thereunder applicable to a national 

securities association. 

It is therefore ordered, pursuant to 

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

proposed rule change (SR–FINRA– 

2009–011), 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. 20

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–13967 Filed 6–12–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6662] 

Notice of Proposed Information 

Collection 

30–Day Notice of Proposed 

Information Collection: Form DS–7002, 

Training/Internship Placement Plan, 

OMB Control Number 1405–0170. 

ACTION: Notice of request for public 

comment and submission to OMB of 

proposed collection of information. 

SUMMARY: The Department of State has 

submitted the following information 

collection request to the Office of 

Management and Budget (OMB) for 

approval in accordance with the 

Paperwork Reduction Act of 1995. 

* Title of Information Collection: 

Training/Internship Placement Plan. 

* OMB Control Number: 1405–0170. 

* Type of Request: Revision of a 

Currently Approved Collection. 

* Originating Office: Bureau of 

Educational and Cultural Affairs, 

ECA/EC. 

* Form Number: Form DS–7002. 

* Respondents: Entities designated by 

the Department of State as sponsors of 

exchange visitor programs in the trainee 

or intern categories and U.S. businesses 

that provide the training or internship 

opportunity. 

* Estimated Number of Respondents: 

160. 

* Estimated Number of Responses: 

30,000. 

* Average Hours per Response: 2 

hours. 

* Total Estimated Burden: 60,000. 

* Frequency: On occasion. 

* Obligation To Respond: Required to 

obtain a benefit. 

DATES: Submit comments to the Office 

of Management and Budget (OMB) for 

up to 30 days from June 15, 2009. 

ADDRESSES: Direct comments and 

questions to Katherine Astrich, the 

Department of State Desk Officer in the 


pwalker on PROD1PC71 with NOTICES
28320 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Notices 

1On June 4, 2009, the Board increased the fee for 

offers of financial assistance and trail use requests. 

See Regulations Governing Fees for Services 

Performed in Connection with Licensing and 

Related Services—2009 Update, STB Ex Parte No. 

542 (Sub-No. 16) (STB served May 5, 2009). 

Office of Information and Regulatory 

Affairs at the Office of Management and 

Budget (OMB), who may be reached at 

202–395–4718. You may submit 

comments by any of the following 

methods: 

* E-mail: kastrich@omb.eop.gov. You 

must include the DS form number, 

information collection title, and OMB 

control number in the subject line of 

your message. 

* Mail (paper, disk, or CD–ROM 

submissions): Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503. 

* Fax: 202–395–5806. 

FOR FURTHER INFORMATION CONTACT: You 

may obtain copies of the proposed 

information collection and supporting 

documents from Stanley S. Colvin, 

Deputy Assistant Secretary for Private 

Sector Exchange, U.S. Department of 

State, SA–44, 301 4th Street, SW., Room 

734, Washington, DC 20547; or e-mail at 

jexchanges@state.gov. 

SUPPLEMENTARY INFORMATION: 

We are soliciting public comments to 

permit the Department to: * Evaluate whether the proposed 

information collection is necessary to 

properly perform our functions. * Evaluate the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. * Enhance the quality, utility, and 

clarity of the information to be 

collected. 

* Minimize the reporting burden on 

those who are to respond, 

Abstract of Proposed Collection 

The collection is the continuation of 

information collected and needed by the 

Bureau of Educational and Cultural 

Affairs in administering the Exchange 

Visitor Program (J–Visa) under the 

provisions of the Mutual Educational 

and Cultural Exchange Act, as amended. 

Trainee/Internship Placement Plans are 

to be completed by designated program 

sponsors. A Training/Internship 

Placement Plan is required for each 

trainee or intern participant. It will set 

forth the training or internship program 

to be followed and includes the skills 

the trainee or intern will obtain, 

whether the trainee or intern will 

receive any remuneration for housing 

and living expenses (and if so, the 

amount), and estimates the living 

expenses and other costs the trainees or 

interns are likely to incur while in the 

United States. The Plan must be signed 

by the trainee or intern, a sponsor 

official, and the third party placement 

organization, if a third party 

organization is used in the conduct of 

the training or internship. 

Methodology 

The collection will be submitted to 

the Department by mail or fax as 

requested by DoS during the review of 

a program sponsor’s file, redesignation 

of a sponsor organization, during the 

investigation of a complaint or incident, 

etc. 

Dated: June 8, 2009. 

Stanley S. Colvin, 

Deputy Assistant Secretary for Private Sector 

Exchange, Bureau of Educational and 

Cultural Affairs, Department of State. 

[FR Doc. E9–14012 Filed 6–12–09; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–33 (Sub-No. 275)] 

Union Pacific Railroad Company— 

Abandonment—in Rusk County, TX 

On May 26, 2009, Union Pacific 

Railroad Company (UP) filed with the 

Board an application for permission to 

abandon its Henderson Industrial Lead, 

extending from milepost 0.59, near 

Overton, to milepost 16.28, near 

Henderson, a distance of 15.69 miles, in 

Rusk County, TX (the Henderson 

Industrial Lead or the line). The line 

includes no stations and traverses 

United States Postal Service ZIP Code 

75652. 

The line does not contain federally 

granted rights-of-way. Any 

documentation in UP’s possession will 

be made available promptly to those 

requesting it. The applicant’s entire case 

for abandonment (case-in-chief) was 

filed with the application. 

This line of railroad has appeared on 

UP’s system diagram map or been 

included in the narrrative in category 1 

since August 28, 2008. 

The interest of railroad employees 

will be protected by the conditions set 

forth in Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). 

Any interested person may file with 

the Board written comments concerning 

the proposed abandonment, or protests 

(including the protestant’s entire case in 

opposition), by July 10, 2009. All 

interested persons should be aware that 

following any abandonment of rail 

service and salvage of the line, the line 

may be suitable for other public use, 

including interim trail use. Any request 

for a public use condition under 49 

U.S.C. 10905 (49 CFR 1152.28) and any 

request for a trail use condition under 

16 U.S.C. 1247(d) (49 CFR 1152.29) 

must be filed by July 10, 2009. Each trail 

use request must be accompanied by a 

$250 filing fee. See 49 CFR 

1002.2(f)(27). Applicant’s reply to any 

opposition statements and its response 

to trail use requests must be filed by 

July 27, 2009. See 49 CFR 1152.26(a). 

Persons opposing the abandonment 

who wish to participate actively and 

fully in the process should file a protest. 

Persons who oppose the abandonment 

but who do not wish to participate fully 

in the process by submitting verified 

statements of witnesses containing 

detailed evidence should file comments. 

Persons seeking information concerning 

the filing of protests should refer to 49 

CFR 1152.25. Persons interested only in 

seeking public use or trail use 

conditions should also file comments. 

In addition, a commenting party or 

protestant may provide: (i) An offer of 

financial assistance (OFA) for continued 

rail service under 49 U.S.C. 10904 (due 

120 days after the application is filed or 

10 days after the application is granted 

by the Board, whichever occurs sooner); 

(ii) recommended provisions for 

protection of the interests of employees; 

(iii) a request for a public use condition 

under 49 U.S.C. 10905; and (iv) a 

statement pertaining to prospective use 

of the right-of-way for interim trail use 

and rail banking under 16 U.S.C. 

1247(d) and 49 CFR 1152.29. 

All filings in response to this notice 

must refer to STB Docket No. AB–33 

(Sub-No. 275) and must be sent to: (1) 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001; and (2) Mack H. Shumate, Jr., 

Senior General Attorney, 101 North 

Wacker Drive, Room 1920, Chicago, IL 

60606. The original and 10 copies of all 

comments or protests shall be filed with 

the Board with a certificate of service. 

Except as otherwise set forth in part 

1152, every document filed with the 

Board must be served on all parties to 

the abandonment proceeding. 49 CFR 

1104.12(a). 

The line sought to be abandoned will 

be available for subsidy or sale for 

continued rail use, if the Board decides 

to permit the abandonment, in 

accordance with applicable laws and 

regulations (49 U.S.C. 10904 and 49 CFR 

1152.27). Each OFA must be 

accompanied by a $1,500 filing fee.1See 

49 CFR 1002.2(f)(25). No subsidy 

arrangement approved under 49 U.S.C. 

10904 shall remain in effect for more 


pwalker on PROD1PC71 with NOTICES