Proposed Rule2024-02291
Horseracing Integrity and Safety Authority Oversight
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 8, 2024
Issuing agencies
Federal Trade Commission
Abstract
The Federal Trade Commission ("FTC" or "Commission") announces proposed rules regarding oversight of the Horseracing Integrity and Safety Authority ("Authority"). The proposed rules include new oversight provisions to ensure that the Authority remains publicly accountable and operates in a fiscally prudent, safe, and effective manner.
Full Text
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<title>Federal Register, Volume 89 Issue 27 (Thursday, February 8, 2024)</title>
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[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Proposed Rules]
[Pages 8578-8582]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02291]
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FEDERAL TRADE COMMISSION
16 CFR Part 1
RIN 3084-AB79
Horseracing Integrity and Safety Authority Oversight
AGENCY: Federal Trade Commission.
ACTION: Notice of proposed rule; request for comment.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'')
announces proposed rules regarding oversight of the Horseracing
Integrity and Safety Authority (``Authority''). The proposed rules
include new oversight provisions to ensure that the Authority remains
publicly accountable and operates in a fiscally prudent, safe, and
effective manner.
DATES: Comments must be received by April 8, 2024.
ADDRESSES: Interested parties may file a comment online or on paper by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``HISA Oversight
Rulemaking, Matter No. P222100'' on your comment and file your comment
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by following the instructions on
the web-based form. If you prefer to file your comment on paper, mail
your comment to the following address: Federal Trade Commission, Office
of the Secretary, 600 Pennsylvania Avenue NW, Mail Stop H-144 (Annex
H), Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Sarah Botha (202-326-2036,
<a href="/cdn-cgi/l/email-protection#93e0f1fce7fbf2d3f5e7f0bdf4fce5"><span class="__cf_email__" data-cfemail="d2a1b0bda6bab392b4a6b1fcb5bda4">[email protected]</span></a>), Office of the Executive Director, Federal Trade
Commission.
SUPPLEMENTARY INFORMATION:
Background
The Horseracing Integrity and Safety Act of 2020 (``HISA'' or ``the
Act''), Public Law 116-260, Title XII, 134 Stat 1182, 3252 (2020)
(codified as amended at 15 U.S.C. 3051-3060), recognizes the Authority
as a self-regulatory nonprofit organization charged with developing and
enforcing rules relating to racetrack safety, anti-doping, and
medication control. See 15 U.S.C. 3052. The Act expressly provides for
Commission oversight of several aspects of the Authority's operations.
For example, the Commission must approve any proposed rule or rule
modification by the Authority relating to the Authority's bylaws,
racetrack safety standards, anti-doping and medication control, and the
formula or methodology for determining assessments. See id. In December
2022, Congress amended HISA to expand the Commission's oversight role
over the Authority. See Consolidated Appropriations Act, 2023, Public
Law 117-328, Sec. 701, 136 Stat. 4459, 5231 (2022). As amended, the Act
gives the Commission the power to issue rules under the procedures set
forth in the Administrative Procedure Act, 5 U.S.C. 553, ``as the
Commission finds necessary or appropriate to ensure the fair
administration of the Authority . . . or otherwise in furtherance of
the purposes of this Act.'' 15 U.S.C. 3053(e).
In light of the Commission's experience in overseeing the
Authority's operations to date, the Commission is exercising its
rulemaking authority to propose several new rule provisions to ensure
effective Commission oversight over the Authority. The proposed new
provisions are designed to ensure that the Authority is promoting
transparency and integrity in its operations. For example, new rule
sections would require the Authority to submit and publish annual and
midyear reports about its performance and financial position. The
proposed rules would also require the Authority to develop, maintain,
and publish a multi-year strategic plan, after taking public comments
on the draft plan. The proposed rules would require the Authority to
effectively manage risk and take steps to prevent conflicts of
interest, waste, fraud, embezzlement, and abuse. The proposed rules
would also mandate other operational requirements and identify best
practices for the Authority to follow, as explained in the section-by-
section analysis below. The Commission would add the proposed new rules
as 16 CFR 1.153 through 1.156 in Subpart U of part 1 of its Rules of
Practice. Subpart U would be renamed ``Oversight of the Horseracing
Integrity and Safety Authority'' to reflect more accurately the content
of the amended subpart.
Section by Section Analysis
Sec. 1.153 Submission of the Authority's annual reports, midyear
reports, and strategic plans. This proposed new section imposes certain
requirements on the Authority to report on its finances for the
preceding calendar year by May 15. This includes a complete accounting
of the Authority's budget (as audited by a qualified, independent,
registered public accounting firm and in accordance with Generally
Accepted Accounting Principles), a discussion of budgetary line items,
a summary of travel expenses, and a summary of any new or continuing
risks or issues raised by audits or other reviews. The proposed section
also imposes certain requirements on the Authority to report by March
31 on its performance for the prior calendar year, with such report to
include efforts made to carry out the requirements of the Act, a
description of the cooperation with the states as set forth in 15
U.S.C. 3060(b), a summary of final civil sanctions, an assessment of
the Authority's progress in meeting or not meeting its performance
measures contained in its strategic plan per Sec. 1.153(d), a summary
of Board of Directors committee recommendations and activities,
information about any changes in the composition of the Authority's
Board of Directors or standing committees, information about the
relationship between the Authority and the anti-doping and medication
control enforcement agency, a summary of all litigation to which the
Authority is a party (including actions commenced by the Authority
under 15 U.S.C. 3054(j)), a summary of all subpoenas issued by the
Authority under 15 U.S.C.
[[Page 8579]]
3054(c), a description of any areas in which the Authority believes
improvements to its operations are warranted, and the Authority's plans
to achieve those improvements. The proposed section also requires the
Authority to submit to the FTC by August 15 a same year midyear report
covering January to June that describes spending and staffing levels
and budgetary information. This midyear report would provide
operational insight about the Authority's budget execution and risk
management activities. Under the proposed section, the Authority also
must develop and publish for public comment a multi-year strategic plan
by June 30, 2024. The Authority must re-evaluate its strategic plan no
less frequently than every five years. The strategic plan must align
with the Authority's annual budget, discuss its priority initiatives,
and set forth a set of performance measures. The Authority must publish
its annual financial reports, annual performance reports, and strategic
plans on its website.
Sec. 1.154 Enterprise risk management. This proposed new section
imposes certain requirements on the Authority to ensure that it
effectively manages risk to prevent conflicts of interest, waste,
fraud, embezzlement, or abuse. Paragraph (a) sets forth guiding
principles around separation of duties and corrective action plans, and
notes that risk management activities must ensure compliance, the
avoidance of conflicts of interest or the appearance thereof, and the
appropriate handling of funds received and expended by the Authority.
Given the confidential nature of much of the Authority's work and the
data that it collects, paragraph (b) would require the Authority to
ensure the privacy and security of its data in its systems, including
those operated by third-party contractors, and require a complete
annual evaluation of the status of its overall information technology
program and practices as audited by a qualified, independent, third-
party auditor. Given that the Authority leverages contractor resources
in its operations, paragraph (c) would require the Authority to
document its market research for any action estimated at over $10,000
to ensure the lowest cost or best value for goods and services to be
provided, and to develop policies and procedures covering procurement
activities. Given the FTC's need for regular communication and
awareness of the Authority's activities, paragraph (d) would require
the Authority to provide advance notice to Commission staff of all
significant Authority-planned events (e.g., press conferences, media
events, summits, etc.) via a calendar, list, email, or other reasonable
means, to summarize key aspects of all such events on its website, and
to give Commission staff prompt notice after significant adverse events
in the horseracing industry that might reasonably lead to sanctions or
track closures.
Sec. 1.155 Other best practices. This proposed new section
includes a set of best practices that the Authority is encouraged to
adopt to promote accountability, transparency of operations, and
effective resource stewardship. These proposals include holding regular
monitoring meetings with the FTC; recommendations for how the Authority
may maintain its records and information; recommendations for how the
Authority should treat confidential information; a standing data
request from the FTC for the Authority's Board of Directors minutes;
recommendations about the Authority's personnel and compensation
policies and practices; recommendations about the Authority's customer
service program (and the development of associated metrics); and
recommendations regarding the Authority's travel policies.
Sec. 1.156 Severability. This proposed new section notes that
provisions of this subpart are separate and severable from one another.
If any provision is stayed or determined to be invalid, it is the
Commission's intention that the remaining provisions shall continue in
effect.
Request for Comment
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before April 8, 2024.
Write ``HISA Oversight Rulemaking, Matter No. P222100'' on your
comment. Your comment--including your name and your state--will be
placed on the public record of this proceeding, including the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we strongly encourage you
to submit your comments online. To make sure the Commission considers
your online comment, you must file it at <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
by following the instructions on the web-based form.
If you file your comment on paper, write ``HISA Oversight
Rulemaking, Matter No. P222100'' on your comment and on the envelope,
and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Mail
Stop H-144 (Annex H), Washington, DC 20580. If possible, submit your
paper comment to the Commission by overnight service.
Because your comment will be placed on the publicly accessible
website at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, you are solely responsible for
making sure your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else's Social
Security number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. You are also
solely responsible for making sure your comment does not include any
sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``any trade secret or any commercial or
financial information . . . which is privileged or confidential.'' 15
U.S.C. 46(f); see FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In
particular, your comment should not include competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c), 16 CFR 4.9(c).
In particular, the written request for confidential treatment that
accompanies the comment must include the factual and legal basis for
the request and must identify the specific portions of the comment to
be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c).
Your comment will be kept confidential only if the General Counsel
grants your request in accordance with the law and the public interest.
Once your comment has been posted publicly at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as legally required by FTC Rule 4.9(b), 16 CFR
4.9(b), we cannot redact or remove your comment, unless you submit a
confidentiality request that meets the requirements for such treatment
under FTC Rule 4.9(c), 16 CFR 4.9(c), and the General Counsel grants
that request.
Visit the FTC website to read this document and the news release
describing it and visit <a href="https://www.regulations.gov/docket/FTC-2024-0012">https://www.regulations.gov/docket/FTC-2024-0012</a> to read a plain-language summary of the proposed rule. The FTC Act
and other laws that the Commission
[[Page 8580]]
administers permit the collection of public comments to consider and
use in this proceeding as appropriate. The Commission will consider all
timely and responsive public comments that it receives on or before
April 8, 2024. For information on the Commission's privacy policy,
including routine uses permitted by the Privacy Act, see <a href="https://www.ftc.gov/site-information/privacy-policy">https://www.ftc.gov/site-information/privacy-policy</a>.
Paperwork Reduction Act
The Paperwork Reduction Act (``PRA''), 44 U.S.C. chapter 35,
requires federal agencies to seek and obtain Office of Management and
Budget approval before undertaking a collection of information directed
to ten or more persons. Under the PRA, a rule creates a ``collection of
information'' when ten or more persons are asked to report, provide,
disclose, or record information in response to ``identical questions.''
\1\ The Commission concludes that the PRA does not apply to the
proposed amendments because they only apply to one ``person,'' the
Authority.
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\1\ 44 U.S.C. 3502(3)(A).
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Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA''), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996, requires an
agency to either provide an Initial Regulatory Flexibility Analysis
with a proposed rule, or certify that the proposed rule will not have a
significant impact on a substantial number of small entities.\2\ The
RFA defines a ``small entity'' as a small business, a small
governmental jurisdiction, or a small not-for-profit organization. See
5 U.S.C. 601(6).
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\2\ 5 U.S.C. 603-605.
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The proposed amendments would apply only to the Authority, and the
Authority is not a small business or a small governmental jurisdiction.
While the Authority is a nonprofit entity, it is not a small not-for-
profit organization, defined in the RFA as ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.'' Id. 601(5). The authority is not
``independently owned and operated,'' and it is dominant in its field.
The Commission therefore certifies under the RFA that the proposed rule
will not have a significant impact on a substantial number of small
entities, and hereby provides notice of that certification to the Small
Business Administration.
Communications by Outside Parties to Commissioners or Their Advisors
Written communications and summaries or transcripts of oral
communications respecting the merits of this proceeding, from any
outside party to any Commissioner or a Commissioner's advisor, will be
placed on the public record. See 16 CFR 1.26(b)(5).
List of Subjects in 16 CFR Part 1
Administrative practice and procedure; Animal welfare; Animal
drugs.
For the reasons set forth in the preamble, the Federal Trade
Commission proposes to amend title 16, chapter I, subchapter A of the
Code of Federal Regulations as follows:
PART 1--GENERAL PROCEDURES
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 46; 15 U.S.C. 57a; 5 U.S.C. 552; 5 U.S.C.
601 note.
0
2. Add Sec. Sec. 1.153 through 1.156 to subpart U to read as follows:
Subpart U--Oversight of the Horseracing Integrity and Safety
Authority
Sec.
* * * * *
153 Submission of the Authority's annual reports, midyear reports,
and strategic plans.
1.154 Enterprise risk management.
1.155 Other best practices.
1.156 Severability.
Authority: 15 U.S.C. 3053(e).
Sec. 1.153 Submission of the Authority's annual reports, midyear
reports, and strategic plans.
(a) Annual financial report. Every year, by May 15, the Authority
must follow the procedures in Sec. 1.143 to submit an annual financial
report to the Commission, detailing the items listed below for the
previous calendar year. The Authority must also publish this report on
its website. The report must contain:
(1) A complete accounting of the Authority's budget, as audited by
a qualified, independent, registered public accounting firm and in
accordance with Generally Accepted Accounting Principles (including a
statement from the auditor attesting to the auditor's independence and
its opinion regarding the financial statements presented in the annual
financial report);
(2) Line-item comparisons between the approved budget's revenues
and expenditures for the previous year and the actual revenues and
expenditures for the previous year;
(3) An explanation of how the Authority has considered the relative
costs and benefits in formulating the programs, projects, and
activities described in the budget;
(4) A description and accounting of the Authority's insurance
coverage;
(5) A description and accounting of any budgetary reserves;
(6) Summaries of contracts or other liabilities that the Authority
has entered into or may potentially incur;
(7) A summary of travel expenses, including an itemized list of any
first-class travel (defined as the highest and most expensive class of
service);
(8) Any new or continuing material or significant risks or issues
raised by the audit, internal quality or control reviews, other
inspections or peer reviews of the Authority, or any inquiry or
investigation by governmental or professional authorities, along with
any steps taken (e.g., corrective actions) to deal with any such
issues, consistent with Sec. 1.154; and
(9) Any other information requested by Commission staff.
(b) Annual performance report. Every year, by March 31, the
Authority must follow the procedures in Sec. 1.143 to submit an annual
performance report to the Commission, detailing the items listed below
for the previous calendar year. The Authority must also publish this
report on its website. The report must contain:
(1) Narrative summaries of all the major efforts by the Authority
to carry out the requirements of the Act, including the status or
results of any publicly announced investigations conducted by the
Authority;
(2) Information about the Authority's cooperation with the States
as set forth in 15 U.S.C. 3060(b), including whether each State has
covered horseraces, elects to remit fees, or has entered into an
agreement under 15 U.S.C. 3060(a)(1) to implement a component of the
programs on racetrack safety or anti-doping and medication control;
(3) A summary of all final civil sanctions imposed by the Authority
in the previous year, in a tabular format; at a minimum, the summary
should be broken down by violation category (e.g., racetrack safety
program, anti-doping and controlled medication protocol rules, etc.)
and should include the total number of alleged violations by category,
the number of times the violations were admitted and resolved without
adjudication, the number of times any violations were contested and
adjudicated, the number of times any
[[Page 8581]]
sanctions were imposed, the number of times that no sanctions were
imposed, the number of civil sanction notices that needed to be
reissued or corrected, the total fines imposed, the total amount of
purses forfeited, and the number of times the sanctions were appealed
to the Commission's Administrative Law Judge;
(4) An assessment of the Authority's progress in meeting or not
meeting its performance measures contained in its Strategic plan per
Sec. 1.153(d);
(5) A statement from each Board of Directors committee summarizing
its work in the previous year and all recommendations each such
committee has made to the Board;
(6) Information about any changes in the composition of the
Authority's Board of Directors or standing committees;
(7) Information about the relationship between the Authority and
the anti-doping and medication control enforcement agency, including
how the enforcement agency is performing under its contract with the
Authority and how many years remain under the contract;
(8) A summary of all litigation to which the Authority is a party,
including actions commenced by the Authority under 15 U.S.C. 3054(j);
(9) A summary of all subpoenas issued by the Authority under 15
U.S.C. 3054(c);
(10) Descriptions of any areas in which the Authority believes that
improvements to its operations are warranted, together with the
Authority's plans to achieve those improvements. Forward-looking
information should reflect known and anticipated risks, uncertainties,
future events or conditions, and trends that could significantly affect
the Authority's future financial position, condition, or operating
performance, as well as Authority actions that have been planned or
taken to address those challenges; and
(11) Any other information requested by Commission staff.
(c) Midyear reporting. By August 15, the Authority must furnish to
the Commission a same-year midyear report covering January through
June, to include:
(1) Spending and staffing levels for the quarter ending June 30,
compared to the levels in the Commission-approved budget;
(2) A summary of travel expenses, including an itemized list of any
first-class travel (defined as the highest and most expensive class of
service);
(3) The status of outstanding and completed corrective actions; and
(4) Any other information requested by Commission staff.
(d) Strategic plan. The Authority must develop and maintain a
multiyear strategic plan. The Authority must submit its first strategic
plan to the Commission on or before June 30, 2024. The Authority must
reevaluate the strategic plan no less frequently than every five years.
The Authority's annual budget must align with, and link spending to,
the strategic goals. The strategic plan must include items such as a
description of its State-by-State relationships and a discussion of
planned rulemaking activities. The Authority must:
(1) Post its draft strategic plan on its website for a public
comment period of at least 14 days;
(2) Present its final strategic plan to the Commission, along with
a summary of its responses to public comments; and
(3) Publish its final strategic plan on its website.
(e) Further guidance on strategic plan. The Authority's strategic
plan should include forecasts of the Authority's industry environment
and its priority initiatives for the current and subsequent years. The
strategic plan should also consider the impact that program levels and
changes in methods of program delivery, including advances in
technology, could have on program operations and administration. The
Strategic Plan should identify several strategic goals aligned with the
Authority's mission statement. Each strategic goal should have
accompanying objectives, strategies, and performance measures. As
guiding principles, performance measures should:
(1) Be limited to the vital few and demonstrate results;
(2) Cover multiple priorities; and
(3) Provide useful information for decision-making.
(4) Be clear, measurable, objective, and reliable; and
(5) Focus on core program activities and priorities.
Sec. 1.154 Enterprise risk management.
(a) Guiding principles. The Authority must effectively manage risk
to prevent conflicts of interest, waste, fraud, embezzlement, and
abuse. To manage risk, the Authority must align the enterprise risk-
management process to the goals and objectives noted in the Authority's
strategic plan. The Authority must assess risks, select risk responses,
monitor whether responses are successful, and communicate and report on
risks, consistent with Sec. 1.153. The Authority must ensure that all
internal controls have appropriate separation of duties (e.g.,
requester, approver, recorder). In addition, the Authority must develop
corrective action plans no later than 90 days after receiving a notice
of finding from its auditors or other internal assessments. The Board
of Directors (or one of the standing committees) must review and
evaluate identified risks and proposed corrective action plans. The
Authority must review regularly its corrective actions identified from
all audits and internal assessments and should develop criteria by
which to prioritize its response activities. The Authority must ensure
that its risk management activities encompass:
(1) Compliance with applicable laws, rules, and regulations;
(2) The avoidance of conflicts of interest, or the appearance
thereof, in all aspects of the Authority's operations, including
investigation and enforcement, vendor selection, personnel assignments
and responsibilities, and actions by the Board of Directors or
management; and
(3) Handling funds received and expended by the Authority,
including revenue/expense policies, fundraising practices, contracting
policies, travel policies, and real and personal property agreements
and expenses.
(b) Data security and privacy. The Authority must ensure the
privacy and security of data, including all reasonable measures to
protect the confidentiality of any sensitive health information (SHI),
personally identifiable Information (PII), and sensitive PII (SPII)
stored in its systems, including those operated by the anti-doping and
medication control program, the Horseracing Integrity and Welfare Unit,
and the Authority's third-party contractors. The Authority must ensure
a complete annual evaluation of the status of its overall information
technology security program and practices, as audited by a qualified,
independent, third-party auditor. The Authority must also ensure that
it has policies, programs, and practices in place to protect SHI, PII,
and SPII. The Authority must send a copy of the annual evaluation to
Commission staff.
(c) Vendor selection. Procurement actions estimated at over $10,000
must be accompanied by documented market research (e.g., comparing the
prices and other terms offered by the selected vendor against the
prices and other terms offered by at least two other vendors) to ensure
lowest cost or best value for goods or services to be provided. The
Authority should also develop policies and procedures covering
procurement activities.
[[Page 8582]]
(d) Notice. The Authority must provide advance notice to Commission
staff of all significant Authority-planned events (e.g., press
conferences, media events, summits, etc.) via a calendar, a list,
email, or some other reasonable means. The Authority must also
summarize key aspects of all such events on its website within a
reasonable timeframe. The Authority must also give Commission staff
prompt notice after it has been alerted to significant, adverse events
in the horseracing industry (e.g., adverse safety or medical events
that might reasonably lead to sanctions, track closures, etc.).
Sec. 1.155 Other best practices.
(a) Regular monitoring meetings. The Commission recommends that the
Authority hold regular meetings with Commission staff to discuss
upcoming or potential risks, challenges, and opportunities for
improvement.
(b) Records and information management. The Commission recommends
that the Authority maintain records and information in sufficient
detail to support the Authority's programs and operations, as well as
any records relating to its information management policies or
procedures. The Commission expects that the Authority will make any of
these records available to Commission staff upon request, to allow the
Commission to carry out its statutorily mandated oversight.
(c) Treatment of confidential information. The Commission
recommends that the Authority's submissions to the Commission not
include any SHI, PII, or SPII, such as a Social Security number; date
of birth; driver's license number or other state identification number,
or foreign country equivalent; passport number; financial account
number; or credit or debit card number. If the Authority submits
documents to the Commission containing confidential commercial or
financial information, it should so designate that material and request
confidential treatment pursuant to Sec. 4.10(g).
(d) Standing data requests. The Commission recommends that the
Authority submit Board of Directors minutes to the Commission's Office
of the Secretary within 15 days following each Board meeting.
(e) Personnel and compensation. The Commission recommends that the
Authority develop compensation policies and practices with the primary
objective of attracting, developing, and retaining high-performing
individuals capable of achieving the Authority's mission. The Authority
should strive to recruit a diverse team of industry leaders whose
unique backgrounds, education, cultures, and perspectives help position
the Authority as an effective and innovative self-regulatory
organization. The Commission also recommends that the Authority conduct
periodic salary benchmarks to ensure that employee compensation is in
line with other like organizations.
(f) Customer service. The Commission recommends that the Authority
maintain publicly accessible points of contact (e.g., email addresses,
phone numbers) and monitor the timeliness with which it responds to
inquiries. In this regard, the Commission urges the Authority to
develop a policy and associated metrics covering its customer service
activities, to be incorporated into its strategic plan and its regular
reporting to the Commission.
(g) Travel. The Commission recommends that the Authority use
standard, GSA-established, published per diem rates when determining
how much a person may spend on lodging, meals, and incidental expenses.
Nevertheless, actual subsistence expenses may be authorized under
unusual circumstances with justification and prior approval from the
appropriate approving official. The Commission urges the Authority to
prohibit the use of first-class travel (defined as the highest and most
expensive class of service) by employees, except when no other option
is available or when a disability or exceptional security conditions
require it. The Commission also recommends that the Authority not
reimburse its contractors for first-class travel unless exceptional
circumstances warrant.
Sec. 1.156 Severability.
The provisions of this Subpart are separate and severable from one
another. If any provision is stayed or determined to be invalid, it is
the Commission's intention that the remaining provisions shall continue
in effect.
By direction of the Commission,
Joel Christie,
Acting Secretary.
[FR Doc. 2024-02291 Filed 2-7-24; 8:45 am]
BILLING CODE 6750-01-P
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