[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60212-60214]
[FR Doc No: 2014-23697]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73256; File No. SR-NYSEARCA-2014-111]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.62
(Certain Types of Orders Defined) by Deleting WAIT Orders From Its
Rules

September 30, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 24, 2014, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.62 (Certain Types of Orders
Defined) by deleting WAIT Orders from its Rules. The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received

on the proposed rule change. The text of those statements may be
examined at the places specified in Item IV below. The Exchange has
prepared summaries, set forth in sections A, B, and C below, of the
most significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 6.62 (Certain Types of Orders
Defined) to delete WAIT Orders from its rules.
    Per Rule 6.62(w), an order designated as a WAIT Order, ``is held
for one second without processing for potential display and/or
execution. After one second, the order is processed for potential
display and/or execution in accordance with all order entry
instructions as determined by the entering party.'' Due to a lack of
demand for WAIT Orders, the Exchange proposes to discontinue
functionality supporting the order type. Accordingly, the Exchange
proposes to delete the definition of WAIT Order from Rule 6.62(w) and
hold this provision as Reserved. The Exchange will announce the
implementation date of this change through a Trader Update.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5), in particular, in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanism of a
free and open market and a national market system. Specifically, the
Exchange believes that by eliminating a little-used order type the
proposal will remove impediments to and perfect the mechanisms of a
free and open market and add transparency and clarity to the Exchange's
rules. The Exchange further believes that deleting an order type rarely
used by investors also removes impediments to and perfects the
mechanism of a free and open market by ensuring that members,
regulators and the public can more easily navigate the Exchange's
rulebook and better understand the orders types available for trading
on the Exchange. Moreover, the Exchange believes that the elimination
of WAIT Orders will simplify order processing and reduce the burden on
system capacity, which the Exchange believes is consistent with
promoting just and equitable principles of trade as well as protecting
investors and the public interest.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, the Exchange
believes that the proposed rule change will relieve a burden on
competition in no longer offering a seldom used rule type. In doing so,
the proposed rule change will also serve to promote regulatory clarity
and consistency, thereby reducing burdens on the marketplace and
facilitating investor protection.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule 19b-
4(f)(6) thereunder.\5\
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    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2014-111 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSEARCA-2014-111.
This file number should be included on the subject line if email is
used. To help the Commission 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/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Section, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEARCA-2014-111 and should
be submitted on or before October 27, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-23697 Filed 10-3-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Page 46686]
[FR Doc No: 2020-16744]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4554-DR; Docket ID FEMA-2020-0001]

Alabama; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Alabama (FEMA-4554-DR), dated July 10, 2020,
and related determinations.

DATES: The declaration was issued July 10, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 10, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Alabama resulting from severe storms, straight-line winds, and
tornadoes on April 19, 2020, is of sufficient severity and magnitude
to warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Alabama.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Terry L. Quarles, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Alabama have been designated as
adversely affected by this major disaster:

    Barbour, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale,
Henry, Pike, and Tallapoosa Counties for Public Assistance.
    All areas within the State of Alabama are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-16744 Filed 7-31-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Notices]
[Page 44022]
[FR Doc No: 2014-17791]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP14-1114-000.
    Applicants: Energy West Development, Inc.
    Description: Compliance.
    Filed Date: 7/21/14.
    Accession Number: 20140721-5031.
    Comments Due: 5 p.m. ET 8/4/14.

    Docket Numbers: RP14-1115-000.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--Volume 1 & 1B Administrative Changes to be
effective 8/21/2014.
    Filed Date: 7/21/14.
    Accession Number: 20140721-5070.
    Comments Due: 5 p.m. ET 8/4/14.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 22, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-17791 Filed 7-28-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 15, 2009 (Volume 74, Number 93)]
[Notices]
[Page 23005]
[DOCID:fr15my09-120]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-17]

Petitions for Exemption; Summary of Petitions Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petitions for exemption received.

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SUMMARY: This notice contains a summary of certain petitions seeking
relief from specified requirements of 14 CFR. The purpose of this
notice is to improve the public's awareness of, and participation in,
this aspect of FAA's regulatory activities. Neither publication of this
notice nor the inclusion or omission of information in the summary is
intended to affect the legal status of any petition or its final
disposition.

DATE: Comments on petitions received must identify the petition docket
number involved and must be received on or before June 4, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0233 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Docket: To read background documents or comments received,
go to http://www.regulations.gov at any time or to the Docket
Management Facility in Room W12-140 of the West Building Ground Floor
at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: We will post all comments we receive,
without change, to http://www.regulations.gov, including any personal
information you provide. Using the search function of our docket Web
site, anyone can find and read the comments received into any of our
dockets, including the name of the individual sending the comment (or
signing the comment for an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Tyneka Thomas<PHONE_NUMBER> or Ralen
Gao<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on May 12, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petitions for Exemption

    Docket No.: FAA-2009-0233.
    Petitioner: Skywagon Corporation.
    Section of 14 CFR Affected: 14 CFR 119.3.
    Description of Relief Sought: Skywagon Corporation (Skywagon) seeks
relief from Sec.  119.3 to allow Skywagon to operate its Douglas DC-4
airplanes in on-demand operations with a maximum payload of greater
than 7,500 pounds under part 135.

[FR Doc. E9-11363 Filed 5-14-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Page 56977]
[FR Doc No: 2015-23577]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-549-000]

Columbia Gas Transmission, LLC; Notice of Application

    Take notice that on September 2, 2015, Columbia Gas Transmission,
LLC (Columbia), 5151 San Felipe, Suite 2500, Houston, TX 77056, filed
an application pursuant to sections 7(b) and 7(c) of the Natural Gas
Act and Part 157 of the Commission's regulations requesting
authorization to abandon 3.3 miles of 30-inch diameter pipe and
construct 3.85 miles of 30-inch diameter pipe all located in Wayne
County, West Virginia, all as more fully set forth in the application
which is on file with the Commission and open to public inspection. The
filing may also be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document.
    Any questions regarding this application should be directed to
counsel for Columbia, Tony Sala, Senior Counselor, Columbia Gas
Transmission, LLC, 5151 San Felipe, Suite 2500 Houston, TX 77056;
telephone:<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and five copies of the protest or intervention to
the Federal Energy regulatory Commission, 888 First Street NE.,
Washington, DC 20426.
    There is an ``eSubscription'' link on the Web site that enables
subscribers to receive email notification when a document is added to a
subscribed docket(s). For assistance with any FERC Online service,
please email<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on October 6, 2015.

    Dated: September 15, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-23577 Filed 9-18-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 22023-22026]
[FR Doc No: 2023-07288]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Privacy Act of 1974; System of Records

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of a modified system of records.

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SUMMARY: The Federal Energy Regulatory Commission (FERC) is publishing
a notice of modifications to an existing FERC system of records, FERC-
35 titled Commission Security Investigation Records. In accordance with
the Privacy Act of 1974, and to comply with the Office of Management
and Budget (OMB) Memorandum M-17-12, Preparing for and Responding to a
Breach of Personally Identifiable Information, January 3, 2017, this
notice will create 9 new routine uses, and will incorporate two new
routine uses that permit FERC to disclose information as necessary in
response to an actual or suspected breach that pertains to a breach of
its own records or to assist another agency in its efforts to respond
to a breach that were previously published separately in the Federal
Register of July 11, 2023. This System of Records Notice (SORN) also
describes the way in which security investigations on FERC employees,
applicants for FERC employment, and individuals performing work for the
Commission under contract, is conducted.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of
records notice is effective upon publication, with the exception of the
routine uses, which will go into effect 30 days after publication of
this notice, unless comments have been received from interested members
of the public requiring modification and republication of the notice.

ADDRESSES: Any person interested in commenting on the establishment of
this modified system of records may do so by submitting comments in
writing to: [email protected] (Include reference to ``Commission
Security Investigations Records--FERC-35'' in the subject line of the
message.)
    For United States Postal Service-delivered mail: Director, Office
of the Secretary (OSEC) Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426. For hand-delivered or courier-
delivered mail: Director, Office of External Affairs, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Mittal Desai, Chief Information
Officer & Senior Agency Official for Privacy, Office of the Executive
Director, Office of the Executive Director, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FERC Commission Security Investigations
Records notice has 9 new routines and includes two prescribed routine
uses that permit FERC to disclose information as necessary in response
to an actual or suspected breach that pertains to a breach of its own
records or to assist another agency in its efforts to respond to a
breach that were previously published in the Federal Register of July
11, 2023 (87 FR 35543, entitled Notice of Modified System of Records
for PII Breach Response Routine Uses).

SYSTEM NAME AND NUMBER:
    Commission--FERC-35.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Chief Security Officer
Directorate, 888 First Street NE, Room 3A-09, Washington, DC 20426.

SYSTEM MANAGER(S):
    Chief Security Officer Directorate, Federal Energy Regulatory
Commission, 888 First Street NE, Room ED-43, Washington, DC 20426.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301, 2302(b)(2)(B), 2302(b)(10), 7311, 7313; Executive
Order 13764; 5 CFR 731.103, 18 CFR 3b.

PURPOSE(S) OF THE SYSTEM:
    The records in this system are used to provide investigative and
related administrative, adjudicative, and other information necessary
to determine whether an individual is suitable or fit for Government
employment; eligible for physical access to FERC controlled facilities
and information systems; eligible to hold sensitive positions
(including but not limited to eligibility for access to classified
information); fit to perform work for or on behalf of the U.S.
Government as a contractor; qualified to perform contractor services
for the U.S. Government; or loyal to the United States; while
maintaining compliance with applicable legal, regulatory and policy
authorities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former FERC employees, contractors, interns,
volunteers, as well as other individuals (including contractor
personnel of other Government entities and foreign nationals) requiring
a FERC determination for suitability or fitness for duty, HSPD-12
access, access to classified national security information, Sensitive
Compartmented Information, and/or assignment to a position with
sensitive duties; and officials or employees of State, local, tribal
and private sector entities sponsored for access to classified and
other sensitive information by a Federal agency.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system maintains information collected as part of the
investigative vetting process. This information may include the
individual's personally identifiable information; residential,
educational, employment, and mental health history; financial details,
and criminal and disciplinary histories; to include:
    Current, former, alternate name, social security number, home and
work address and phone number, reference's home and work address and
phone number. Additional information collected may include date of
birth; place of birth; height; weight; hair and eye color; gender; sex;
mother's maiden name; residential history, phone numbers, and email
addresses; employment history; military records and discharge
information; selective service registration record; educational data,
including conduct records and degrees earned; names of relatives,
associates and references with their contact information; country/
countries of citizenship; travel, immigration, and passport
information; mental health history; records related to drug and/or
alcohol use; financial record information; information pertaining to
income tax returns; bureau of vital statistics records (e.g., birth
certificate, death certificate, marriage application and license);
credit reports; prior security clearance and investigative information;
employing activity; current employment status; position sensitivity;
personnel security investigative basis; status of current adjudicative
action; security clearance eligibility status and access status; self-
reported information; eligibility recommendations or decisions made by
an appellate authority; inadvertent disclosure briefing and agreement;
non-disclosure execution dates; indoctrination date(s); level(s) of
access granted; briefing/debriefing date(s) and reasons for briefing/
debriefing; and other biographical information as required during the
course of a background investigation.
    In addition, this system may contain records documenting the
outcomes of investigations and adjudications conducted by other Federal
investigative organizations (e.g., U.S. Office of Personnel Management
(OPM), Federal Bureau of Investigation, Department of Defense, etc.)
and locator references to such investigations. Entries documenting
fitness determinations, HSPD-12 access, continuous vetting adverse
information flags, or counter insider threat reports of the subject and
investigative information for spouse or cohabitant(s); the name and
marriage information for current and/or former spouse(s); the country/
countries of citizenship, name, date, and place of birth, contact
information (e.g., phone numbers, email addresses), and address for
relatives. Reports from pre-employment screening, such as
counterintelligence screening or military accessions vetting; results
of subject and reference interviews conducted during background
investigations, continuous evaluation, counter insider threat,
counterintelligence screening, security incident resolution, or program
access requests. Information detailing agency investigation requests
including type of investigation requested, tracking codes, and
requesting officials `contact information. Biometric information
including but not limited to images and fingerprints, criminal and
civil fingerprint history information. Foreign contact, affections,
associates (e.g., family members, friends or social contacts), travel,
and activities information, including names of individuals known,
dates, country/countries of citizenship, country/countries of
residence, type and nature or contact, financial interests, assets,
benefits from foreign governments, countries and dates of arrival and
departure for U.S. border crossings; association records; information
on loyalty to the United States. Criminal history information,
including information contained in local, State, military, Federal, and
foreign criminal justice agency records and local, State, military, and
Federal civil and criminal court records. Information about affiliation
with known criminal and/or terrorist organizations. Records concerning
civil or administrative proceedings, (for example, bankruptcy records,
civil lawsuits, Merit System Protection Board), including information
contained in local, State, military, Federal, and foreign courts, and
agency records. Information about and evidence of unauthorized use or
misuse of information technology systems. Information aggregated in
counter-insider threat inquiries or investigations, including payroll
information, travel vouchers, benefits information, equal employment
opportunity complaints, performance evaluations, disciplinary files,
training records, substance abuse and mental health records of
individuals undergoing law enforcement action or presenting an
identifiable imminent threat, counseling statements, outside work and
activities requests, and personal contact records; particularly
sensitive or protected information, including information held by
special access programs, law enforcement, inspector general, or other
investigative sources or programs. Agency or Component summaries of
reports, and full reports, about potential insider threats from records
of usage of Government telephone systems, including the telephone
number initiating the call, the telephone number receiving the call,
and the date and time of the call. U.S. and foreign finance and real
estate information that consists of names of financial institutions,
number of accounts held, monthly and year-end account balances for bank
and investment accounts, address, year of purchase and price, capital
investment costs, lease or rental information, year of lease or rental,
monthly payments, deeds, lender/loan information and foreclosure
history; information on owned and leased vehicles, boats, airplanes and
other U.S. and foreign assets that include type, make, model, year,
plate or identification number, year leased, monthly rental payment;
year of purchase and price, and fair market value; information
pertaining to

large or suspicious currency transactions; U.S. and foreign mortgages,
loans, and liabilities information that consist of type of loan, names
and addresses of creditors, original balance, monthly and year-end
balance, monthly payments, and payment history. Publicly available
electronic information about or generated by a covered individual
(e.g., public records, civil court records, social media content, news
articles, and web blog information). Results of record checks and data
analyses for purposes of improving all types of investigations,
reinvestigations, or continuous evaluation with respect to efficiency
or cost effectiveness.

RECORD SOURCE CATEGORIES:
    Records are obtained from individual employees, applicants,
consultants, experts and contractors (including the results of in-
person interviews) whose files are on record as authorized by those
concerned; investigative reports from Federal investigative agencies;
criminal or civil investigations; continuous evaluation records; police
and credit record checks; personnel records; educational records and
instructors; current and former employers; coworkers, neighbors, family
members, acquaintances; and authorized security representatives.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, information maintained in this system may
be disclosed to authorized entities outside FERC for purposes
determined to be relevant and necessary as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
    To appropriate agencies, entities, and persons when (1) FERC
suspects or has confirmed that there has been a breach of the system of
records; (2) FERC has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Commission
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Commission's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
    To another Federal agency or Federal entity, when FERC determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
    To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of that individual.
    To the Equal Employment Opportunity Commission (EEOC) when
requested in connection with investigations of alleged or possible
discriminatory practices, examination of Federal affirmative employment
programs, or other functions of the Commission as authorized by law or
regulation.
    To the Federal Labor Relations Authority or its General Counsel
when requested in connection with investigations of allegations of
unfair labor practices or matters before the Federal Service Impasses
Panel.
    To disclose information to another Federal agency, to a court, or a
party in litigation before a court or in an administrative proceeding
being conducted by a Federal agency, when the Government is a party to
the judicial or administrative proceeding. In those cases where the
Government is not a party to the proceeding, records may be disclosed
if a subpoena has been signed by a judge.
    To the Department of Justice (DOJ) for its use in providing legal
advice to FERC or in representing FERC in a proceeding before a court,
adjudicative body, or other administrative body, where the use of such
information by the DOJ is deemed by FERC to be relevant and necessary
to the advice or proceeding, and such proceeding names as a party in
interest: (a) FERC; (b) any employee of FERC in his or her official
capacity; (c) any employee of FERC in his or her individual capacity
where DOJ has agreed to represent the employee; or (d) the United
States, where FERC determines that litigation is likely to affect FERC
or any of its components.
    To non-Federal Personnel, such as contractors, agents, or other
authorized individuals performing work on a contract, service,
cooperative agreement, job, or other activity on behalf of FERC or
Federal Government and who have a need to access the information in the
performance of their duties or activities.
    To the National Archives and Records Administration in records
management inspections and its role as Archivist.
    To the Merit Systems Protection Board or the Board's Office of the
Special Counsel, when relevant information is requested in connection
with appeals, special studies of the civil service and other merit
systems, review of OPM rules and regulations, and investigations of
alleged or possible prohibited personnel practices.
    To appropriate Federal, State, or local agency responsible for
investigating, prosecuting, enforcing, or implementing a statute, rule,
regulation, or order, if the information may be relevant to a potential
violation of civil or criminal law, rule, regulation, order.
    To the Department of Defense's Defense Counter Intelligence and
Security Agency (DOD/DCSA), and other Departments and agencies that
shares PII with FERC, in connection with the vetting of individuals
(employees or applicants) for Federal employment, military service,
consulting, volunteer personnel and/or contractor personnel, for
national security purposes, including but not limited to, personnel
background investigations, continuous vetting, suitability
investigations and for satisfying the credentialing requirements of
HSPD-12.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic and paper format. Electronic
records are stored by individuals first and last names. In addition,
all FERC employees and contractors with authorized access have
undergone a thorough background security investigation. Data access is
restricted to agency personnel or contractors whose responsibilities
require access. Access to electronic records is controlled by user ID
and password combination and/or other network access or security
controls (e.g., firewalls). Role based access is used to restrict
electronic data access and the organization employs the principle of
least privilege, allowing only authorized users with access (or
processes acting on behalf of users) necessary to accomplish assigned
tasks in accordance with organizational missions and business
functions. Paper records are maintained in combination safes in locked
rooms pursuant to OPM regulations. Buildings are guarded and monitored
by security personnel, cameras, ID checks, and other physical security
measures. The system is secured with the safeguards required by NIST SP
800-53. Materials, including hard copy printouts derived from
electronic records created on an ad hoc basis for reference purposes or
to meet day-today business needs, are destroyed when the Commission

determines that they are no longer needed for administrative, legal,
audit, or other operational purposes.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name, social security number, date of
birth, place of birth, Defense Counterintelligence and Security Agency
[Investigative Service Provider] investigation number, adjudicative
case identification number or some combination thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained under the National Archives and Records
Administration's General Records Schedule 5.6: Security Management
Records; Disposition Authority: DAA-GRS-2021-0001-0007). Destroy 1 year
after consideration of the candidate ends, but longer retention is
authorized if required for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All FERC employees and contractors with authorized access have
undergone a thorough background security investigation. Data access is
restricted to agency personnel or contractors whose responsibilities
require access. Access to electronic records is controlled by ``User
ID'' and password combination and/or other network access or security
controls (e.g., firewalls). The system is secured with the safeguards
required by FISMA and NIST SP 800-53. Physical access to FERC is
controlled by security guards and admission is limited to those
individuals possessing a valid identification card or individuals under
proper escort. Paper records are maintained in combination safes in
locked rooms pursuant to OPM regulations. Buildings are guarded and
monitored by security personnel, cameras, ID checks, and other physical
security measures. The system is secured with the safeguards required
by NIST SP 800-53.

RECORD ACCESS PROCEDURES:
    Submit a Privacy Act Request.
    The Privacy Act permits access to records about yourself that are
maintained by FERC in a Privacy Act system of records. In addition, you
may request that incorrect or incomplete information be changed or
amended. Privacy requests follow FERC's Freedom of Information Act
(FOIA) request process. You may access the FOIA website at https://www.ferc.gov/freedom-information-act-foia-and-privacy-act.
    For questions: Contact the FOIA Service Center at<PHONE_NUMBER> or
by email at [email protected]. Written request for access to records
should be directed to: Director, Office of External Affairs, Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.

CONTESTING RECORD PROCEDURES:
    The Privacy Act permits access to records about yourself that are
maintained by FERC in a Privacy Act system of records. In addition, you
may request that incorrect or incomplete information be changed or
amended. Privacy requests follow FERC's FOIA request process. You may
access the FOIA website at https://www.ferc.gov/freedom-information-act-foia-and-privacy-act. For questions: Contact the FOIA Service
Center at<PHONE_NUMBER> or by email at [email protected]. Written
request for access to records should be directed to: For United States
Postal Service-delivered mail: Director, Office of External Affairs,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426. For hand-delivered or courier-delivered mail: Director,
Office of External Affairs, Federal Energy Regulatory Commission, 12225
Wilkins Avenue, Rockville, Maryland 20852.

NOTIFICATION PROCEDURES:
    The Privacy Act permits access to records about yourself that are
maintained by FERC in a Privacy Act system of records. In addition, you
may request that incorrect or incomplete information be changed or
amended. Privacy requests follow FERC's FOIA request process. You may
access the FOIA website at https://www.ferc.gov/freedom-information-act-foia-and-privacy-act. For questions: Contact the FOIA Service
Center at<PHONE_NUMBER> or by email at [email protected]. Written
request for access to records should be directed to: For United States
Postal Service-delivered mail: Director, Office of External Affairs,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426. For hand-delivered or courier-delivered mail: Director,
Office of External Affairs, Federal Energy Regulatory Commission, 12225
Wilkins Avenue, Rockville, Maryland 20852.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    65 FR 21752.

    Issued: April 3, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-07288 Filed 4-11-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Rules and Regulations]
[Pages 54374-54375]
[FR Doc No: 2011-22257]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

17 CFR PART 240

[Release Nos. 33-9175A; 34-63741A; File No. S7-24-10]
RIN 3235-AK75

Disclosure for Asset-Backed Securities Required by Section 943 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: We are making a technical correction to Rule 15Ga-1 adopted in
Release No. 33-9175 (January 20, 2011), which was published in the
Federal Register on January 26, 2011. The document contained an
incorrect paragraph reference in an instruction to Rule 15Ga-1. This
correction is being

published to correct the paragraph reference.

DATES: Effective Date: September 1, 2011.

FOR FURTHER INFORMATION CONTACT: Rolaine Bancroft, Senior Special
Counsel, in the Office of Structured Finance, at<PHONE_NUMBER>,
Division of Corporation Finance, U.S. Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549.

SUPPLEMENTARY INFORMATION: We are making the following correction to 17
CFR part 240, which was amended by Release No. 33-9175 (January 20,
2011), and was published in FR Doc. 2011-1504 on page 4489 in the
Federal Register on January 26, 2011 (76 FR 4489).

List of Subjects in 17 CFR Part 240

    Reporting and recordkeeping requirements, Securities.

    For the reasons set out above, Title 17, Chapter II of the Code of
Federal Regulations is amended as follows:

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

0
1. The authority citation for part 240 continues to read as follows:

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i,
78j, 78j-1, 78k, 78k-1, 78 l, 78m, 78n, 78n-1, 78o, 78o-4, 78p, 78q,
78s, 78u-5, 78w, 78x, 78 ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37,
80b-3, 80b-4, 80b-11, and 7201 et seq.; and 18 U.S.C. 1350 and 12
U.S.C. 5221(e)(3), unless otherwise noted.
* * * * *

Sec.  240.15Ga-1  [Amended]

0
2. Amend Sec.  240.15Ga-1 by removing the phrase ``Instruction to
paragraphs (a)(1)(vii) through (xi): For purposes of these paragraphs
(a)(1)(vii) through (xi)'' and adding in its place ``Instruction to
paragraphs (a)(1)(vi) through (xi): For purposes of these (a)(1)(vi)
through (xi)''.

     Dated: August 25, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-22257 Filed 8-31-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 142 (Wednesday, July 26, 2017)]
[Notices]
[Pages 34723-34727]
[FR Doc No: 2017-15629]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81174; File No. SR-GEMX-2017-32]

Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Regarding Market
Maker Quotations

July 20, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''), \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 6, 2017, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II, below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 804, entitled ``Market Maker
Quotations.''
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend GEMX Rule 804, entitled ``Market
Maker Quotations'' to amend the current rule text at GEMX Rule
804(g)(1) and (2) to adopt a revised description of the manner in which
GEMX removes market maker quotes when certain risk parameters have been
triggered. The Exchange believes that the proposed new rule text will
provide more detailed information to participants concerning the manner
in which these risk features will remove quotes from the Order Book.
    Today, GEMX Rule 804(g)(1) provides that a market maker must
provide parameters by which the Exchange will automatically remove a
market maker's quotations in all series of an options class. If a
market maker does not provide parameters then the Exchange will apply
default parameters announced to members. The Exchange will
automatically remove a market maker's quotation when, during a time
period established by the market maker, the market maker exceeds: (i)
The specified number of total contracts in the class, (ii) the
specified percentage of the total size of the market maker's quotes in
the class, (iii) the specified absolute value of the net between
contracts bought and contracts sold in the class, or (iv) the specified
absolute value of the net between (a) calls purchased plus puts sold in
the class, and (b) calls sold plus puts purchased in the class.
    The Exchange proposes to adopt new rule text, which continues to
require a market maker to provide parameters by which the Exchange will
automatically remove a market maker's quotations in all series of an
options class. If a market maker does not provide parameters then the
Exchange will apply default parameters announced to members. This is
not being amended, rather it is being expanded.
    The proposed rule text in 804(g)(1) makes clear that market makers
are required to utilize the Percentage, Volume, Delta and Vega
Thresholds, each a Threshold, described in subsections (A)-(D) in the
new rule text. These are the same risk parameters that are offered
today by GEMX. The Exchange is seeking to identify each risk parameter
specifically and describe the function of each parameter in Rule
804(g)(1)(A)-(D). For each feature, the Exchange's system (``System'')
will continue to automatically remove quotes in all series of an
options class when a certain threshold for any of the parameters has
been exceeded.
    The Exchange elaborates in the proposed rule that a market maker is
required to specify a period of time not to exceed 30 seconds
(``Specified Time Period'') during which the system will automatically
remove a Market Maker's quotes in all series of an options class. The
limitation of not to exceed 30 seconds is new for GEMX Members. In
order to establish a reasonable limit to the allowable Specified Time
Period, an GEMX Member will be limited to the setting their Specified
Time period to no more than 30 seconds for these Thresholds. A
Specified Time Period will commence for an options class every time an
execution occurs in any series in such options class and will continue
until the System removes quotes as described in proposed GEMX Rule
804(g)(2) or (3) or the Specified Time Period expires. This is the case
today, and is not changing. The Specified Time Periods will be the same
value described in subsections (A)-(D). Also, as is the case today, a
Specified Time Period operates on a rolling basis among all series in
an options class in that there may be Specified Time Periods occurring
simultaneously for each Threshold and such Specified Time Periods may
overlap. If a Market Maker does not provide parameters, the Exchange
will apply default parameters, which default settings have been
announced to Members.\3\
---------------------------------------------------------------------------

    \3\ http://business.nasdaq.com/media/GEMXSystemSettings_tcm5044-41351.pdf [sic].
---------------------------------------------------------------------------

    Proposed Rule 804(g)(1)(A) describes in greater detail the
operation of the Percentage Threshold. As is the case today, a Market
Maker must provide a specified percentage of quote size (``Percentage
Threshold''), of not less than 1%, by which the System will
automatically remove a Market Maker's quotes in all series of an
options class. The Exchange is adding more detail about the manner in
which the System will calculate percentages and amending the current
rule to change its operations. For each series in an options class, the
System will determine (i) during a Specified Time Period and for each
side in a given series, a percentage calculated by dividing the size of
a Market Maker's quote size executed in a particular series (the
numerator) by the Marker Maker's quote size available at the time of
execution plus the total number of the Market Marker's quote size
previously executed during the unexpired Specified Time Period (the
denominator) (``Series Percentage''); and (ii) the sum of the Series
Percentages in the options class (``Issue Percentage'') during a
Specified Time Period. The System will track and calculate the net
impact of positions in the same options issue; long call percentages
are offset by short call percentages, and long put percentages are
offset by short put percentages in the Issue Percentage. The Exchange
also notes that in calculating the Percentage the System compares the
number of contracts executed in that series relative to the size of the
quote at the time of the execution plus the number of executed
contracts that have occurred in the current time period. The legacy
GEMX system calculated the Percentage risk parameter by comparing the
number of contracts executed in that series relative to the size of the
original quote only at the time of the execution. This difference is
captured within the proposed rule text. The Exchange notes that with
the migration from the GEMX legacy system to the INET system the manner
in which the System offsets is not the same. The legacy GEMX system did
not offset, in that long call percentages are not offset by short call
percentages, and long put percentages are not offset by short put
percentages. The migration to INET did however cause the System to
track and calculate the net impact.\4\ The Exchange notes this
difference in the calculation and seeks to memorialize the change in
the

process. The proposed rule provides participants with greater clarity
as to the operation of the Percentage risk feature. The proposed text
indicates that if the Issue Percentage exceeds the Percentage Threshold
the System will automatically remove a market maker's quotes in all
series of the options class.
---------------------------------------------------------------------------

    \4\ The net impact of positions takes into account the offsets
noted herein.
---------------------------------------------------------------------------

    Proposed Rule 804(g)(1)(B) describes in greater detail the
operation of the Volume Threshold. As is the case today, a market maker
must provide a Volume Threshold by which the System will automatically
remove a market maker's quotes in all series of an underlying security
when the market maker executes a number of contracts which exceeds the
designated number of contracts in all options series in an options
class.
    Proposed Rule 804(g)(1)(C) describes in greater detail the
operation of the Delta Threshold. As is the case today, a market maker
must provide a Delta Threshold by which the System will automatically
remove a market maker's quotes in all series of an underlying security.
For each class of options, the System will maintain a Delta counter,
which tracks the absolute value of the difference between (i) purchased
call contracts plus sold put contracts and (ii) sold call contracts
plus purchased put contracts. If the Delta counter exceeds the Delta
Threshold established by the Member, the System will automatically
remove a market maker's quotes in all series of the options class.
    Proposed Rule 804(g)(1)(D) describes in greater detail the
operation of the Vega Threshold. As is the case today, a market maker
must provide a Vega Threshold by which the System will automatically
remove a Market Maker's quotes in all series of an options class. For
each series of an options class, the System will maintain a Vega
counter, which tracks the absolute value of purchased contracts minus
sold contracts. If the Vega counter exceeds the Vega Threshold
established by the Member, the System will automatically remove a
Market Maker's quotes in all series of the options class.
    Proposed Rule 804(g)(2) provides more detail about the System's
current operation with respect to quote removal. The System will
automatically remove quotes in all options in an underlying security
when the Percentage Threshold, Volume Threshold, Delta Threshold or
Vega Threshold has been exceeded. The System will send a Purge
Notification Message to the Market Maker for all affected series when
any of the above thresholds have been exceeded. The Percentage
Threshold, Volume Threshold, Delta Threshold and Vega Threshold are
considered independently of each other. Quotes will be automatically
executed up to the Market Maker's size regardless of whether the
execution of such quotes would cause the Market Maker to exceed the
Percentage Threshold, Volume Threshold, Delta Threshold or Vega
Threshold.
    Proposed Rule 804(g)(3) provides more detail about the manner in
which the System resets the counting of the various risk parameters.
Notwithstanding the automatic removal of quotes described in the rule,
if a market maker requests the System to remove quotes in all options
series in an options class, the System will automatically reset all
Thresholds.
    Proposed Rule 804(g)(4) provides more detail about the process to
re-initiate quoting. When the System removes quotes because the
Percentage Threshold, Volume Threshold, Delta Threshold or Vega
Threshold were exceeded, the market maker must send a re-entry
indicator to re-enter the System.
    Proposed Rule 804(g)(5) provides more detail about default
parameters as mentioned above. If a market maker does not provide a
parameter for each of the automated quotation removal Thresholds
described in Rule 804(g)(1)(A-D) above, the Exchange will apply default
parameters, which are announced to Members. This language exists today
in the current text and is being memorialized herein.
    Finally, proposed Rule 804(g)(6) describes the interaction between
the four Thresholds and the market wide parameter. In addition to the
Thresholds described in Rule 804(g)(1)(A)-(D) above, a market maker
must provide a market wide parameter by which the Exchange will
automatically remove a Market Maker's quotes in all classes when,
during a time period established by the Market Maker, the total number
of quote removal events specified in Rule 804(g)(1)(A)-(D) exceeds the
market wide parameter provided to the Exchange by the market maker. As
is the case today, Market Makers may request the Exchange to set the
market wide parameter to apply to just GEMX or across GEMX and Nasdaq
ISE.
    Below are some illustrative examples of the Percentage and Volume
risk parameters.
    Example #1: Describes the Percentage risk parameter. Presume the
following Order Book:

------------------------------------------------------------------------
                                                           Size on bid x
                Series of  underlying XYZ                  offer for MM1
------------------------------------------------------------------------
100 Strike Call.........................................         300x300
100 Strike Put..........................................           50x50
110 Strike Call.........................................         200x200
110 Strike Put..........................................         150x150
------------------------------------------------------------------------

    In this example, assume the Specified Time Period designated by the
Market Maker #1 is 10 seconds and the Percentage Threshold is set to
100%. Assume at 12:00:00, Market Maker #1 executes 100 contracts of his
offer size, 200 contracts, in the 110 Strike Calls. This represents an
execution equaling 50% (100 contracts of the 200 contract quote size)
of the 100% Percentage Threshold. Assume at 12:00:01, Market Maker #1
executes 50 additional contracts in the same 110 Strike Calls. This
execution equates to an additional 25% ((50 contracts/(100 remaining
quote size +100 contracts already executed within the Specified Time
Period)) for a net 75% Series Percentage count toward the 100%
Percentage Threshold. If at 12:00:03, Market Maker #1 executes the full
size of his bid (50 contracts) in the 100 Strike Put, the System will
automatically remove all of Market Maker #1's quotes in Underlying XYZ
since the execution caused his 100% Percentage Threshold to be
exceeded; the execution in the 100 Strike Put added 100% Series
Percentage to his previously calculated Series Percentage of 75%
totaling 175% Issue Percentage. No further quotes for Market Maker #1
in Underlying XYZ will be available until re-entry. The Specified Time
Period will be reset for Market Maker #1 in options class XYZ and
Market Maker #1 will need to send a re-entry indicator in order to re-
enter quotes in options series for options class XYZ into the System.
    Example #2 is another example of the Percentage Threshold. Presume
the following Order Book:
    In this example, assume Market Maker #1 has Percentage Threshold
set at 100% with a Specified Time Period over 5 seconds. Assume at
12:00:00, Market Maker #1 is quoting the XYZ 20 strike calls at 1.00
(10)-1.20 (10). An incoming Order to buy 5 contracts for 1.20 trades
against Market Maker #1's quote. Based on this trade, the Series
Percentage Threshold calculation is 5/[(10)+(0)] = 5/10 = 50%. Since
this is the only execution during the Time Period, 50% also represents
the Issue Percentage, therefore Market Maker #1's quote is now 1.00
(10)-1.20 (5).
    Next, assume at 12:00:01 an Incoming Order to buy 2 contracts for
1.20 trades against Market Maker #1's quote. Based on this trade, the
Series Percentage Threshold calculation is 2/[(5)+(5)] = 2/10 = 20%.
The Issue Percentage

calculation is the sum of Series Percentages during the time period, or
50% + 20% = 70%.
    Finally, presume Market Maker #1's quote is now 1.00 (10)-1.20 (3).
At 12:00:02, Market Maker #1 updates his quote in the XYZ 20 strike
calls to increase his offer size back to 10 contracts, 1.00 (10)-1.20
(10). An incoming Order to buy 6 contracts for 1.20 trades against
Market Maker #1's quote. Based on this trade, the Series Percentage
Threshold calculation: 6/[(10)+(7)] = 6/17 = 35.29%. The Issue
Percentage calculation is the sum of Series Percentages during the time
period, or 50% + 20% + 35.29% = 105.29%. In this scenario, Market
Maler[sic] #1's quotes are removed in all series of XYZ since his
setting of 100% over 5 seconds has been exceeded.
    Example #3 describes the Volume Threshold. Presume the following
Order Book:

------------------------------------------------------------------------
                                                           Size on bid x
                Series of underlying XYZ                   offer for MM1
------------------------------------------------------------------------
100 Strike Call.........................................         300x300
100 Strike Put..........................................           50x50
110 Strike Call.........................................         200x200
110 Strike Put..........................................         150x150
------------------------------------------------------------------------

    In this example, assume the Specified Time Period designated by the
Market Maker #1 is 10 seconds and the designated number of contracts
permitted for the Volume-Based Threshold is 250 contracts. Assume at
12:00:00, the Market Maker #1 executes all of his offer size, 200
contracts, in the 110 Strike Calls. The System will initiate the
Specified Time Period and for 10 seconds the System will count all
volume executed in series of options class XYZ. If at any point during
that 10 second period, the Market Maker #1 executes additional
contracts in any series of the options class XYZ, those contracts will
be added to the initial execution of 200 contracts. To illustrate,
assume at 12:00:05 the Market Maker # 1 executes 60 contracts of his
offer in the 100 Strike Calls. The total volume executed is now 260
contracts. Since that volume exceeds the Market Maker #1's designated
number of contracts for the Volume Threshold (250 contracts), all of
his quotes in all series of the options class XYZ over the Specialized
Quote Feed \5\ will be removed from the System; no further quotes will
be executed until re-entry. The Volume Specified Time Period will be
reset for Market Maker #1 in options class XYZ and Market Maker #1 will
need to send a re-entry indicator in order to re-enter quotes in
options series for options class XYZ into the System.
---------------------------------------------------------------------------

    \5\ The Specialized Quote Feed interface that allows market
makers to connect and send quotes, sweeps and auction responses into
GEMX. Data includes the following: (1) Options Auction Notifications
(e.g., opening imbalance, Flash, PIM, Solicitation and Facilitation
or other information); (2) Options Symbol Directory Messages; (3)
System Event Messages (e.g., start of messages, start of system
hours, start of quoting, start of opening); (4) Option Trading
Action Messages (e.g., halts, resumes); (5) Execution Messages; and
(6) Quote Messages (quote/sweep messages, risk protection triggers
or purge notifications).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed 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,
by memorializing, with greater detail, the risk protections available
to market makers. The described Thresholds serve to decrease risk and
increase stability. Additionally, because the Exchange offers these
risk tools to market makers, in order to encourage them to provide as
much liquidity as possible and encourage market making generally, the
proposal removes impediments to and perfects the mechanism of a free
and open market and a national market system and protects investors and
the public interest. The Exchange believes that amending Rule 804(g) to
add more clarifying text, which explains in greater detail the manner
in which the four Thresholds operate, will bring more transparency to
the rule which serves to protect investors and the public interest,
because market makers will be more informed about the manner in which
the functionality operates.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the Exchange's proposal to amend the current
Percentage Threshold to: (i) Calculate offsets; and (ii) calculate the
Percentage Threshold during a Specified Time Period and for each side
in a given series, a percentage, by dividing the size of a Market
Maker's quote size executed in a particular series (the numerator) by
the Marker Maker's quote size available at the time of execution plus
the total number of the Market Marker's quote size previously executed
during the unexpired Specified Time Period, will provide Market Makers
with greater precision in calculating quoting risks. The Exchange
believes that providing Market Makers with tools to calculate risk
serves to perfect the mechanism of a free and open market and a
national market system, and, in general to protect investors and the
public interest because Market Makers are better able to manage risks
with this risk tool.
    The Exchange further represents that its proposal will continue to
operate consistently with the firm quote obligations of a broker-dealer
pursuant to Rule 602 of Regulation NMS and that the functionality is
mandatory. Specifically, any interest that is executable against a
market maker's quotes that are received \8\ by the Exchange prior to
the time any of these functionalities are engaged will be automatically
executed at the price up to the market maker's size, regardless of
whether such execution results in executions in excess of the market
maker's pre-set parameters.
---------------------------------------------------------------------------

    \8\ The time of receipt is the time such message is processed by
the Order Book.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, the proposal will
not impose a burden on intra-market or inter-market competition, rather
it provides market makers with the continued opportunity to avail
themselves of risk tools. The proposal does not impose a burden on
inter-market competition, because participants may choose to become
market makers on a number of other options exchanges, which may have
similar but not identical features.\9\ The proposed rule change is
meant to continue to protect market makers from inadvertent exposure to
excessive risk. Accordingly, the proposed rule change will have no
impact on competition.
---------------------------------------------------------------------------

    \9\ See BATS Rule 21.16, BOX Rules 8100 and 8110, C2 Rule 8.12,
CBOE Rule 8.18, MIAX Rule 612, NYSE MKT Rule 928NY and NYSE Arca
Rule 6.40.
---------------------------------------------------------------------------

    The Exchange's proposal to amend the current Percentage Based risk
feature to: (i) Calculate offsets; and (ii) calculate the Percentage
Threshold during a Specified Time Period and for each side in a given
series, a percentage, by dividing the size of a Market Maker's quote
size executed in a particular series (the numerator) by the Marker
Maker's quote size available at the time of execution plus the total
number of the Market Marker's quote size previously executed during the
unexpired Specified Time Period, does not impose an undue burden on
competition and is non-controversial because the Exchange offers a
Percentage Threshold today. The proposed changes to the Percentage

risk tool simply add more precision to the existing calculation to
permit Marker Makers to better control their risk with respect to
quoting.
    Further, the Exchange is memorializing more detail concerning the
function of the Thresholds with this rule proposal and making clear the
method in which the Percentage risk tool is calculated. The risk tools
will continue to reduce risk for market makers in the event of a
systems issue or due to the occurrence of unusual or unexpected market
activity.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \10\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    In its filing, GEMX requests that the Commission waive the 30-day
operative delay in order to enable the Exchange to accurately reflect
in its rules the operation of its risk parameters since the migration
to the INET platform. Although the Exchange proposes certain technical
changes to how the risk parameters will operate (e.g., limiting the
Specified Time Period to 30 seconds), the proposed changes are largely
intended to provide more detail about the operation of the existing
risk parameters. Accordingly, the Commission believes that granting a
waiver of the operative delay is consistent with the protection of
investors and the public interest and therefore designates the proposed
rule change to be operative upon filing.\12\
---------------------------------------------------------------------------

    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest; for the protection of investors; or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-GEMX-2017-32 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-GEMX-2017-32. This file
number should be included on the subject line if email is used. To help
the Commission 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/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be 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. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-GEMX-2017-32, and should be
submitted on or before August 16, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-15629 Filed 7-25-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7893-7894]
[FR Doc No: 2011-3101]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

FAA Policy Statement on Expungement of Certain Enforcement
Actions

AGENCY: Federal Aviation Administration, DOT.

ACTION: Policy statement.

-----------------------------------------------------------------------

SUMMARY: The FAA has temporarily suspended its policy of expunging
certain records of legal enforcement actions against individuals in
order to ensure compliance with recent amendments to the Pilot Records
Improvement Act.

DATES: This policy became effective November 1, 2010.

FOR FURTHER INFORMATION: A frequently asked questions (FAQ) page about
the suspension of the expunction policy and its effects on pilots is
available at: http://www.faa.gov/pilots/lic_cert/pria/guidance/pilotfaq. Further questions may be directed to<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Background: In 1991, the FAA adopted a
policy of expunging records of certain closed legal enforcement actions
against individuals, see 56 FR 55,788 (Oct. 29, 1991). This includes
both airman certificate holders and non-holders, such as passengers.
Among other things, the policy provides that, in general, records of
legal enforcement actions involving suspension of an airman certificate
or a civil penalty against an individual are maintained for five years,
then expunged. Cases closed with no enforcement action are expunged
within ninety days. In addition, the FAA has a policy of expunging
records of administrative actions after two years that was in existence
at the time of and was left unchanged by the adoption of the 1991
expunction policy.
    On August 1, 2010, the Airline Safety and Federal Aviation
Administration Extension Act of 2010, Public Law 111-216, 124 Stat.
2348 (2010) (``Act''), was signed into law. The Act amends the Pilot
Records Improvement Act (``PRIA'') by requiring the FAA to create a
pilot records database. Air carriers will use this database to perform
background checks on pilots before hiring them, as required by PRIA.
The database will contain various types of records, including summaries
of legal enforcement actions against individuals resulting in a finding
by the FAA Administrator of a violation. These records must be kept by
the FAA until it receives notice that the individual is deceased. The
requirement to keep these records began on the date of the law's
enactment, August 1, 2010.
    The five-year expunction of certain legal enforcement action
records is not consistent with the Act's amendments to PRIA. Although
the requirement to maintain the records began on August 1, 2010, the
FAA last expunged on November 1, 2010, as we began determining which
records must be kept in order to comply with the law. The November 1,
2010 expunction covered records from scheduled for expunction during
October. We will continue to expunge records of administrative actions
and cases with no enforcement action, as PRIA does not require the FAA
to put this information in the pilot record database. The FAA will
determine the full effect of the Act's requirements on the expunction
policy and will amend its expunction policy accordingly. The details of
the amended expunction policy will be published in the Federal
Register.

    Issued in Washington, DC on February 4, 2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011-3101 Filed 2-10-11; 8:45 am]
BILLING CODE 4910-13-P