small business.\856\ The industry categorization that appears to best
fit the MSRB under the SBA table is Professional Organization. The SBA
defines a Professional Organization as an entity having average annual
receipts of less than $15 million. Within the MSRB's 2021 Annual Report
the organization reported total revenue exceeding $35 million for
fiscal year 2021.\857\ The Report also stated that the organization's
total revenue for fiscal year 2020 exceeded $47 million.\858\ The
Commission is using the SBA's definition of small business to define
the MSRB for purposes of the RFA and has concluded that the MSRB is not
a ``small entity.''
---------------------------------------------------------------------------

    \854\ See Rule 0-10.
    \855\ See 5 U.S.C. 601(3).
    \856\ See 13 CFR 121.201. See also SBA, Table of Small Business
Size Standards Marched to North American Industry Classification
System Codes, available at https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf (outlining the list of small business
size standards within 13 CFR 121.201).
    \857\ See MSRB, 2021 Annual Report, 16, available at https://msrb.org/-/media/Files/Resources/MSRB-2021-Annual-Report.ashx.
    \858\ Id.
---------------------------------------------------------------------------

3. SCI ATSs
    As discussed in section II.B.1 above, Regulation SCI currently
applies to SCI ATSs (which are required to be registered as broker-
dealers) that during at least four of the preceding six calendar
months: (1) Had with respect to NMS stocks: (i) Five percent (5%) or
more in any single NMS stock, and one-quarter percent (0.25%) or more
in all NMS stocks, of the average daily dollar volume reported by
applicable transaction reporting plans, which represents the sum of all
reported bought and all reported sold dollar volumes; or (ii) One
percent (1%) or more in all NMS stocks of the average daily dollar
volume reported by applicable transaction reporting plans, which
represents the sum of all reported bought and all reported sold dollar
volumes; or (2) Had with respect to equity securities that are not NMS
stocks and for which transactions are reported to a self-regulatory
organization, five percent (5%) or more of the average daily dollar
volume as calculated by the self-regulatory organization to which such
transactions are reported. All NMS stock and non-NMS stock ATSs are
required to register as broker-dealers.
    There are seven SCI ATS currently. As stated, a small entity also
includes a broker-dealer with total capital (net worth plus
subordinated liabilities) of less than $500,000 on the date in the
prior fiscal year as of which its audited financial statements were
prepared pursuant to Rule 17a-5(d) under the Exchange Act,\859\ or, if
not required to file such statements, a broker-dealer with total
capital (net worth plus subordinated liabilities) of less than $500,000
on the last business day of the preceding fiscal year (or in the time
that it has been in business, if shorter); and is not affiliated with
any person (other than a natural person) that is not a small business
or small organization. Applying this test for broker-dealers, the
Commission believes that none of the SCI ATSs currently trading were
operated by a broker-dealer that is a ``small entity.''
---------------------------------------------------------------------------

    \859\ 17 CFR 240.17a-5(d).
---------------------------------------------------------------------------

Plan Processors
    As discussed in section II.B.1 above, Regulation SCI currently
applies to plan processors, which are ``any self-regulatory
organization or securities information processor acting as an exclusive
processor in connection with the development, implementation and/or
operation of any facility contemplated by an effective national market
system plan.'' \860\ Currently, there are two plan processors subject
to Regulation SCI.
---------------------------------------------------------------------------

    \860\ See 17 CFR 242.1000; 17 CFR 242.600(b)(67).
---------------------------------------------------------------------------

    The current plan processors are SIAC a subsidiary of NYSE Group,
Inc., and Nasdaq Stock Market LLC, a subsidiary of Nasdaq, Inc. In
addition, even if other entities do become plan processors, the
Commission preliminarily believes that most, if not all, plan
processors would be large business entities or subsidiaries of large
business entities, and that every plan processor (or its parent entity)
would have gross revenues in excess of $10 million and provide service
to 100 or more interrogation devices or moving tickers. Therefore, the
Commission preliminarily believes that none of the current plan
processors or potential plan processors would be considered small
entities.
SCI Competing Consolidators
    As discussed in section II.B.1 above, Regulation SCI currently
applies to SCI competing consolidators. While no SCI competing
consolidators have yet to register, as discussed in the adopting
release for the Market Data Infrastructure rule, the Commission
estimates, and continues to estimate, that up to 10 entities will
register as competing consolidators.\861\
---------------------------------------------------------------------------

    \861\ See Market Data Infrastructure Adopting Release, supra
note 24, at 18808.
---------------------------------------------------------------------------

    As discussed in the Market Data Infrastructure final rule, ``based
on the Commission's information about the 10 potential entities the
Commission

estimates may become competing consolidators, the Commission believes
that all such entities will exceed the thresholds defining `small
entities' set out above.'' \862\ The Commission continues to believe
this analysis is accurate, and that ``[c]ompeting consolidators will be
participating in a sophisticated business that requires significant
resources to compete effectively.'' \863\ Accordingly, the Commission
believes that any such registered competing consolidators will exceed
the thresholds for ``small entities'' set forth in 17 CFR 240.0-10.
---------------------------------------------------------------------------

    \862\ Id.
    \863\ Id. at 18808-09.
---------------------------------------------------------------------------

Exempt Clearing Agencies
    As discussed in section II.B.1 above, Regulation SCI currently
applies to certain clearing agencies, specifically, exempt clearing
agencies subject to ARP. There are currently 3 exempt clearing agencies
subject to Regulation SCI, and the Commission estimates that Regulation
SCI will apply to two more if the proposed rules are finalized. The
Commission believes that all the clearing agencies, both those to which
Regulation SCI currently applies and those to which it will, exceed the
thresholds defining `small entities' set out above.

C. Proposed SCI Entities

    The proposed expansion of the definition of the term ``SCI entity''
would include SBSDRs and SCI broker-dealers, as well as additional
clearing agencies exempted from registration. The Commission
preliminarily believes that none of these would be considered small
entities for purposes of the RFA.
1. SBSDRs
    As discussed in section III.A.2.a above, in 2015, the Commission
established a regulatory framework for SBSDRs, under which SBSDRs are
registered securities information processors and disseminators of
market data in the SBS market. There are currently two registered
SBSDRs that would be subject to Regulation SCI.
    The two currently registered SBSDRs are subsidiaries of large
business entities.\864\ In addition, even if other entities do register
as SBSDRs, for purposes of Commission rulemaking, the Commission
believes that none of the SBSDRs will be considered small
entities.\865\
---------------------------------------------------------------------------

    \864\ See supra note 111.
    \865\ See SBSDR Adopting Release, supra note 96, 80 FR 14548-49
(providing that in the Proposing Release, the Commission stated that
it did not believe that any persons that would register as SBSDRs
would be considered small entities. The Commission stated that it
believed that most, if not all, SBSDRs would be part of large
business entities with assets in excess of $5 million and total
capital in excess of $500,000. As a result, the Commission certified
that the proposed rules would not have a significant impact on a
substantial number of small entities and requested comments on this
certification. The Commission did not receive any comments that
specifically addressed whether 17 CFR 240.13n-1 through 240.13n-12
(``Rules 13n-1 through 13n-12'') and Form SBSDR would have a
significant economic impact on small entities. Therefore, the
Commission continues to believe that Rules 13n-1 through 13n-12 and
Form SBSDR will not have a significant economic impact on a
substantial number of small entities. Accordingly, the Commission
hereby certifies that, pursuant to 5 U.S.C. 605(b), Rules 13n-1
through 13n-12, Form SBSDR will not have a significant economic
impact on a substantial number of small entities.).
---------------------------------------------------------------------------

2. SCI Broker-dealers
    As discussed in section III.A.2.b above, the proposed definition of
an SCI broker-dealer would be a broker or dealer registered with the
Commission pursuant to section 15(b) of the Exchange Act which: (1) in
at least two of the four preceding calendar quarters, ending March 31,
June 30, September 30, and December 31, reported to the Commission, on
Form X-17A-5 (Sec.  249.617), total assets in an amount that equals
five percent (5%) or more of the total assets of all security brokers
and dealers; or (2) during at least four of the preceding six calendar
months: (i) with respect to transactions in NMS stocks, transacted
average daily dollar volume in an amount that equals ten percent (10%)
or more of the average daily dollar volume reported by or pursuant to
applicable effective transaction reporting plans, provided, however,
that for purposes of calculating its activity in transactions effected
otherwise than on a national securities exchange or on an alternative
trading system, the broker-dealer shall exclude transactions for which
it was not the executing party; or (ii) with respect to transactions in
exchange-listed options contracts, transacted average daily dollar
volume in an amount that equals ten percent (10%) or more of the
average daily dollar volume reported by an applicable effective
national market system plan; or (iii) with respect to transactions in
U.S. Treasury Securities, transacted average daily dollar volume in an
amount that equals ten percent (10%) or more of the total average daily
dollar volume made available by the self-regulatory organizations to
which such transactions are reported; or (iv) with respect to
transactions in Agency securities, transacted average daily dollar
volume in an amount that equals ten percent (10%) or more of the total
average daily dollar volume made available by the self-regulatory
organizations to which such transactions are reported.\866\
---------------------------------------------------------------------------

    \866\ Such broker-dealer would not be required to comply with
the requirements of Regulation SCI until six months after the SCI
broker-dealer satisfied either threshold for the first time.
---------------------------------------------------------------------------

    The Commission preliminarily estimates that 17 entities would
satisfy one or more of these thresholds. Applying the test for broker-
dealers stated above, the Commission believes that none of the
potential SCI broker-dealers would be considered small entities.
3. Exempt Clearing Agencies
    For the purposes of Commission rulemaking, a small entity includes,
when used with reference to a clearing agency, a clearing agency that:
(1) compared, cleared, and settled less than $500 million in securities
transactions during the preceding fiscal year; (2) had less than $200
million of funds and securities in its custody or control at all times
during the preceding fiscal year (or at any time that it has been in
business, if shorter); and (3) is not affiliated with any person (other
than a natural person) that is not a small business or small
organization.\867\
---------------------------------------------------------------------------

    \867\ See paragraph (d) of Rule 0-10.
---------------------------------------------------------------------------

    Based on the Commission's existing information about the clearing
agencies currently exempted from registration with the Commission, the
Commission preliminarily believes that such entities exceed the
thresholds defining ``small entities'' set out above. While other
clearing agencies may emerge and seek to register as clearing agencies,
the Commission preliminarily does not believe that any such entities
would be ``small entities'' as defined in Exchange Act Rule 0-10.

D. Certification

    For the foregoing reasons, the Commission certifies that the
proposed amendments to Rules 1000, 1001, 1002, 1003, 1004, and 1005,
and Form SCI if adopted, would not have a significant economic impact
on a substantial number of small entities for purposes of the RFA.
    The Commission invites commenters to address whether the proposed
rules would have a significant economic impact on a substantial number
of small entities, and, if so, what would be the nature of any impact
on small entities. The Commission requests that commenters provide
empirical data to support the extent of such impact.
Statutory Authority
    Pursuant to the Exchange Act, 15 U.S.C. 78a et seq., and
particularly, sections 2, 3, 5, 6, 11A, 13, 15, 15A, 17,

17A, and 23(a) thereof (15 U.S.C. 78b, 78c, 78e, 78f, 78k-1, 78m, 78o,
78o-3, 78q, 78q-1, and 78w(a)), the Commission proposes amendments to
Regulation SCI under the Exchange Act and Form SCI under the Exchange
Act, and to amend Regulation ATS under the Exchange Act, and 17 CFR
parts 242 and 249.

List of Subjects in 17 CFR Parts 242 and 249

    Brokers, Reporting and recordkeeping requirements, Securities.
    For the reasons stated in the preamble, title 17, chapter II of the
Code of Federal Regulations is proposed to be amended as follows:

PART 242--REGULATIONS M, SHO, ATS, AC, NMS, AND SBSR AND CUSTOMER
MARGIN REQUIREMENTS FOR SECURITY FUTURES

0
1. The authority citation for part 242 continues to read as follows:

    Authority: 15 U.S.C. 77g, 77q(a), 77s(a), 78b, 78c, 78g(c)(2),
78i(a), 78j, 78k-1(c), 78l, 78m, 78n, 78o(b), 78o(c), 78o(g),
78q(a), 78q(b), 78q(h), 78w(a), 78dd-1, 78mm, 80a-23, 80a-29, and
80a-37.
0
2. Amend Sec.  242.1000 by:
0
a. Adding in alphabetical order the definitions of ``Agency Security''
and ``Exempt clearing agency'';
0
b. Removing the definition of ``Exempt clearing agency subject to
ARP'';
0
c. Adding in alphabetical order the definitions of ``Registered
security-based swap data repository'' and ``SCI broker-dealer'';
0
d. Revising the definitions of ``SCI entity'', ``SCI review'', ``SCI
systems'', and ``Systems intrusion''; and
0
e. Adding in alphabetical order the definition of ``U.S. Treasury
Security''.
    The additions and revisions read as follows:

Sec.  242.1000  Definitions.

* * * * *
    Agency Security means a debt security issued or guaranteed by a
U.S. executive agency, as defined in 5 U.S.C. 105, or government-
sponsored enterprise, as defined in 2 U.S.C. 622(8).
* * * * *
    Exempt clearing agency means an entity that has received from the
Commission an exemption from registration as a clearing agency under
section 17A of the Exchange Act.
* * * * *
    Registered security-based swap data repository means any security-
based swap data repository, as defined in 15 U.S.C. 78c(a)(75), that is
registered with the Commission pursuant to 15 U.S.C. 78m(n) and Sec.
240.13n-1 of this chapter.
* * * * *
    SCI broker-dealer means a broker or dealer registered with the
Commission pursuant to section 15(b) of the Exchange Act, which:
    (1) In at least two of the four preceding calendar quarters, ending
March 31, June 30, September 30, and December 31, reported to the
Commission, on Form X-17A-5 (Sec.  249.617 of this chapter), total
assets in an amount that equals five percent (5%) or more of the total
assets of all security brokers and dealers. For purposes of this
paragraph (1), total assets of all security brokers and dealers shall
mean the total assets, as calculated and made publicly available by the
Board of Governors of the Federal Reserve, or any subsequent provider
of such information, for the associated preceding calendar quarter; or
    (2) During at least four of the preceding six calendar months:
    (i) With respect to transactions in NMS stocks, transacted average
daily dollar volume in an amount that equals ten percent (10%) or more
of the average daily dollar volume reported by or pursuant to
applicable effective transaction reporting plans, provided, however,
that for purposes of calculating its activity in transactions effected
otherwise than on a national securities exchange or on an alternative
trading system, the broker-dealer shall exclude transactions for which
it was not the executing party;
    (ii) With respect to transactions in exchange-listed options
contracts, transacted average daily dollar volume in an amount that
equals ten percent (10%) or more of the average daily dollar volume
reported by an applicable effective national market system plan;
    (iii) With respect to transactions in U.S. Treasury Securities,
transacted average daily dollar volume in an amount that equals ten
percent (10%) or more of the total average daily dollar volume made
available by the self-regulatory organizations to which such
transactions are reported; or
    (iv) With respect to transactions in Agency Securities, transacted
average daily dollar volume in an amount that equals ten percent (10%)
or more of the total average daily dollar volume made available by the
self-regulatory organizations to which such transactions are reported.
    (3) Provided, however, that such SCI broker-dealer shall not be
required to comply with the requirements of Regulation SCI until six
months after the end of the quarter in which the SCI broker-dealer
satisfied paragraph (1) of this definition for the first time or six
months after the end of the month in which the SCI broker-dealer
satisfied paragraph (2) of this definition for the first time.
* * * * *
    SCI entity means an SCI self-regulatory organization, SCI
alternative trading system, plan processor, exempt clearing agency, SCI
competing consolidator, SCI broker-dealer, or registered security-based
swap data repository.
* * * * *
    SCI review means a review, following established and documented
procedures and standards, that is performed by objective personnel
having appropriate experience to conduct reviews of SCI systems and
indirect SCI systems, and which review, using appropriate risk
management methodology, contains:
    (1) With respect to each SCI system and indirect SCI system of the
SCI entity, assessments performed by objective personnel of:
    (i) The risks related to the capacity, integrity, resiliency,
availability, and security;
    (ii) Internal control design and operating effectiveness, to
include logical and physical security controls, development processes,
systems capacity and availability, information technology service
continuity, and information technology governance, consistent with
industry standards; and
    (iii) Third-party provider management risks and controls; and
    (2) Penetration test reviews performed by objective personnel of
the network, firewalls, and production systems, including of any
vulnerabilities of its SCI systems and indirect SCI systems identified
pursuant to Sec.  242.1001(a)(2)(iv);
    (3) Provided, however, that assessments of SCI systems directly
supporting market regulation or market surveillance shall be conducted
at a frequency based upon the risk assessment conducted as part of the
SCI review, but in no case less than once every three years.
* * * * *
    SCI systems means all computer, network, electronic, technical,
automated, or similar systems of, or operated by or on behalf of, an
SCI entity that, with respect to securities, directly support trading,
clearance and settlement, order routing, market data, market
regulation, or market surveillance; provided, however, that with
respect to an SCI broker-dealer that satisfies only the requirements of
paragraph (2) of the definition of ``SCI

broker-dealer,'' such systems shall include only those systems with
respect to the type of securities for which an SCI broker-dealer
satisfies the requirements of paragraph (2) of the definition.
* * * * *
    Systems intrusion means any:
    (1) Unauthorized entry into the SCI systems or indirect SCI systems
of an SCI entity;
    (2) Cybersecurity event that disrupts, or significantly degrades,
the normal operation of an SCI system; or
    (3) Significant attempted unauthorized entry into the SCI systems
or indirect SCI systems of an SCI entity, as determined by the SCI
entity pursuant to established reasonable written criteria.
    U.S. Treasury Security means a security issued by the U.S.
Department of the Treasury.
0
3. Amend Sec.  242.1001 by revising paragraph (a) to read as follows:

Sec.  242.1001  Obligations related to policies and procedures of SCI
entities.

    (a) Capacity, integrity, resiliency, availability, and security.
(1) Each SCI entity shall establish, maintain, and enforce written
policies and procedures reasonably designed to ensure that its SCI
systems and, for purposes of security standards, indirect SCI systems,
have levels of capacity, integrity, resiliency, availability, and
security, adequate to maintain the SCI entity's operational capability
and promote the maintenance of fair and orderly markets.
    (2) Policies and procedures required by paragraph (a)(1) of this
section shall include, at a minimum:
    (i) The establishment of reasonable current and future
technological infrastructure capacity planning estimates;
    (ii) Periodic capacity stress tests of such systems to determine
their ability to process transactions in an accurate, timely, and
efficient manner;
    (iii) A program to review and keep current systems development and
testing methodology for such systems;
    (iv) Regular reviews and testing, as applicable, of such systems,
including backup systems, to identify vulnerabilities pertaining to
internal and external threats, physical hazards, and natural or manmade
disasters;
    (v) Business continuity and disaster recovery plans that include
maintaining backup and recovery capabilities sufficiently resilient and
geographically diverse and that are reasonably designed to achieve next
business day resumption of trading and two-hour resumption of critical
SCI systems following a wide-scale disruption; and that are reasonably
designed to address the unavailability of any third-party provider that
provides functionality, support, or service to the SCI entity without
which there would be a material impact on any of its critical SCI
systems;
    (vi) Standards that result in such systems being designed,
developed, tested, maintained, operated, and surveilled in a manner
that facilitates the successful collection, processing, and
dissemination of market data;
    (vii) Monitoring of such systems to identify potential SCI events;
    (viii) The maintenance of a written inventory and classification of
all SCI systems, critical SCI systems, and indirect SCI systems as
such, and a program with respect to the lifecycle management of such
systems, including the acquisition, integration, support, refresh, and
disposal of such systems, as applicable;
    (ix) A program to manage and oversee third-party providers that
provide functionality, support or service, directly or indirectly, for
any such systems, including: initial and periodic review of contracts
with such third-party providers for consistency with the SCI entity's
obligations under Regulation SCI; and a risk-based assessment of each
third-party provider's criticality to the SCI entity, including
analyses of third-party provider concentration, of key dependencies if
the third-party provider's functionality, support, or service were to
become unavailable or materially impaired, and of any potential
security, including cybersecurity, risks posed;
    (x) A program to prevent the unauthorized access to such systems
and information residing therein; and
    (xi) An identification of the current SCI industry standard(s) with
which each such policy and procedure is consistent, if any.
    (3) Each SCI entity shall periodically review the effectiveness of
the policies and procedures required by this paragraph (a), and take
prompt action to remedy deficiencies in such policies and procedures.
    (4) For purposes of this paragraph (a), such policies and
procedures shall be deemed to be reasonably designed if they are
consistent with current SCI industry standards, which shall be composed
of information technology practices that are widely available to
information technology professionals in the financial sector and issued
by an authoritative body that is a U.S. governmental entity or agency,
association of U.S. governmental entities or agencies, or widely
recognized organization. Compliance with such current SCI industry
standards as a safe harbor, however, shall not be the exclusive means
to comply with the requirements of paragraph (a) of this section.
* * * * *
0
4. Amend Sec.  242.1002 by:
0
a. In paragraph (b)(4)(ii)(B), removing the words ``or participants''
and adding in their place ``participants, or, in the case of an SCI
broker-dealer, customers'';
0
b. Revising paragraph (b)(5) and (c)(3);
0
c. In paragraph (c)(4)(i), removing the ``or'' after the semicolon;
0
d. In paragraph (c)(4)(ii), removing the period and adding in its place
``; or''; and
0
e. Adding paragraph (c)(4)(iii).
    The revision and additions read as follows:

Sec.  242.1002  Obligations related to SCI events.

* * * * *
    (b) * * *
    (5) The requirements of paragraphs (b)(1) through (4) of this
section shall not apply to any systems disruption or systems compliance
issue that has had, or the SCI entity reasonably estimates would have,
no or a de minimis impact on the SCI entity's operations or on market
participants. For such events, each SCI entity shall:
    (i) Make, keep, and preserve records relating to all such systems
disruptions or systems compliance issues; and
    (ii) Submit to the Commission a report, within 30 calendar days
after the end of each calendar quarter, containing a summary
description of such systems disruptions, including the SCI systems
affected by such systems disruptions during the applicable calendar
quarter.
    (c) * * *
    (3) The information required to be disseminated under paragraphs
(c)(1) and (2) of this section promptly after any responsible SCI
personnel has a reasonable basis to conclude that an SCI event has
occurred, shall be promptly disseminated by the SCI entity to those
members, participants, or, in the case of an SCI broker-dealer,
customers of the SCI entity that any responsible SCI personnel has
reasonably estimated may have been affected by the SCI event, and
promptly disseminated to any additional members, participants, or, in
the case of an SCI broker-dealer, customers that any responsible SCI
personnel subsequently reasonably estimates may have been affected by
the SCI event; provided, however, that for major SCI events, the
information required to be disseminated under paragraphs (c)(1) and (2)
of this section shall be promptly disseminated by the

SCI entity to all of its members, participants, or, in the case of an
SCI broker-dealer, customers.
    (4) * * *
    (iii) A systems intrusion that is a significant attempted
unauthorized entry into the SCI systems or indirect SCI systems of an
SCI entity.
0
5. Amend Sec.  242.1003 by revising paragraph (b) to read as follows:

Sec.  242.1003  Obligations related to systems changes; SCI review.

* * * * *
    (b) SCI review. Each SCI entity shall:
    (1) Conduct an SCI review of the SCI entity's compliance with
Regulation SCI not less than once each calendar year for each calendar
year during which it was an SCI entity for any part of such calendar
year;
    (2) Submit a report of the SCI review required by paragraph (b)(1)
of this section to senior management of the SCI entity for review no
more than 30 calendar days after completion of such SCI review. Such
report of the SCI review shall include:
    (i) The dates the SCI review was conducted and the date of
completion;
    (ii) The entity or business unit of the SCI entity performing the
review;
    (iii) A list of the controls reviewed and a description of each
such control;
    (iv) The findings of the SCI review with respect to each SCI system
and indirect SCI system, which shall include assessments of: the risks
related to the capacity, integrity, resiliency, availability, and
security; internal control design and operating effectiveness; and an
assessment of third-party provider management risks and controls;
    (v) A summary, including the scope of testing and resulting action
plan, of each penetration test review conducted as part of the SCI
review; and
    (vi) A description of each deficiency and weakness identified by
the SCI review; and
    (3) Submit to the Commission, and to the board of directors of the
SCI entity or the equivalent of such board, the report of the SCI
review required by paragraph (b)(2) of this section, together with the
date the report was submitted to senior management and the response of
senior management to such report, within 60 calendar days after its
submission to senior management of the SCI entity.

Sec.  242.1004  [Amended]

0
6. Amend Sec.  242.1004 by:
0
a. In the section heading, adding ``, and third-party providers'' to
the end of the heading;
0
b. In paragraph (a), after the word ``participants'', adding ``, and
third-party providers''; and
0
c. In paragraph (b), after both instances of the word ``participants''
adding ``, and third-party providers''.

Sec.  242.1005  [Amended]

0
7. Amend Sec.  242.1005 in paragraph (c) by:
0
a. Between ``business'' and ``ceasing,'' removing the ``or'' and adding
a comma in its place; and
0
b. Immediately before ``an SCI entity'' adding ``or otherwise ceasing
to be an SCI entity,''.

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
8. The general authority citation for part 249 continues to read as
follows:

    Authority: 15 U.S.C. 78a et seq. and 7201 et seq.; 12 U.S.C.
5461 et seq.; 18 U.S.C. 1350; Sec. 953(b) Pub. L. 111-203, 124 Stat.
1904; Sec. 102(a)(3) Pub. L. 112-106, 126 Stat. 309 (2012), Sec. 107
Pub. L. 112-106, 126 Stat. 313 (2012), Sec. 72001 Pub. L. 114-94,
129 Stat. 1312 (2015), and secs. 2 and 3 Pub. L. 116-222, 134 Stat.
1063 (2020), unless otherwise noted.
* * * * *
0
9. Revise Form SCI (referenced in Sec.  249.1900).

    Note: Form SCI is attached as Appendix A to this document. Form
SCI will not appear in the Code of Federal Regulations.

    By the Commission.

    Dated: March 15, 2023.
J. Matthew DeLesDernier,
Deputy Secretary.

Appendix A--Form SCI

Securities and Exchange Commission

Washington, DC 20549

Form SCI

Page 1 of ___
File No. SCI-{name{time} -
YYYY-###
SCI Notification and Reporting by: {SCI entity name{time}
Pursuant to Rules 1002 and 1003 of Regulation SCI under the
Securities Exchange Act of 1934
[ballot] Initial
[ballot] Withdrawal

Section I: Rule 1002--Commission Notification of SCI Event

A. Submission Type (select one only)
[ballot] Rule 1002(b)(1) Initial Notification of SCI event
[ballot] Rule 1002(b)(2) Notification of SCI event
[ballot] Rule 1002(b)(3) Update of SCI event: ####
[ballot] Rule 1002(b)(4) Final Report of SCI event
[ballot] Rule 1002(b)(4) Interim Status Report of SCI event

    If filing a Rule 1002(b)(1) or Rule 1002(b)(3) submission,
please provide a brief description:
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B. SCI Event Type(s) (select all that apply)
[ballot] Systems compliance issue;
[ballot] Systems disruption
[ballot] Systems intrusion

C. General Information Required for (b)(2) filings.
(1) Has the Commission previously been notified of the SCI event
pursuant to 1002(b)(1)? yes/no
(2) Date/time SCI event occurred: mm/dd/yyyy hh:mm am/pm
(3) Duration of SCI event: hh:mm, or days
(4) Please provide the date and time when a responsible SCI
personnel had reasonable basis to conclude the SCI event occurred:
mm/dd/yyyy hh:mm am/pm
(5) Has the SCI event been resolved? yes/no
(a) If yes, provide date and time of resolution: mm/dd/yyyy hh:mm
am/pm
(6) Is the investigation of the SCI event closed? yes/no
(a) If yes, provide date of closure: mm/dd/yyyy
(7) Estimated number of market participants potentially affected by
the SCI event: ####
(8) Is the SCI event a major SCI event (as defined in Rule 1000)?
yes/no

D. Information about impacted systems:
Name(s) of system(s):
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
Type(s) of system(s) impacted by the SCI event (check all that
apply):
[ballot] Trading
[ballot] Clearance and settlement
[ballot] Order routing
[ballot] Market data
[ballot] Market regulation
[ballot] Market surveillance
[ballot] Indirect SCI systems (please describe):
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
Are any critical SCI systems impacted by the SCI event (check all
that apply)? Yes/No
(1) Systems that directly support functionality relating to:
[ballot] Clearance and settlement systems of clearing agencies
[ballot] Openings, reopenings, and closings on the primary listing
market
[ballot] Trading halts
[ballot] Initial public offerings
[ballot] The provision of consolidated market data
[ballot] Exclusively-listed securities
(2) [ballot] Systems that provide functionality to the securities
markets for which the availability of alternatives is significantly
limited or nonexistent and without which there would be a material
impact on fair and orderly markets (please describe):
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------

Section II: Periodic Reporting (select one only)

A. Quarterly Reports: For the quarter ended: mm/dd/yyyy
[ballot] Rule 1002(b)(5)(ii): Quarterly report of systems
disruptions with no or a de minimis impact.

[ballot] Rule 1003(a)(1): Quarterly report of material systems
changes
[ballot] Rule 1003(a)(2): Supplemental report of material systems
changes

B. SCI Review Reports
[ballot] Rule 1003(b)(3): Report of SCI review, together with the
response of senior management
Date of completion of SCI review: mm/dd/yyyy
Date of submission of SCI review to senior management: mm/dd/yyyy

Section III: Contact Information

    Provide the following information of the person at the {SCI
entity name{time}  prepared to respond to questions for this
submission:

First Name:
Last Name:
Title:
E-Mail:
Telephone:
Fax:

Additional Contacts (Optional)
First Name:
Last Name:
Title:
E-Mail:
Telephone:
Fax:
First Name:
Last Name:
Title:
E-Mail:
Telephone:
Fax:

Section IV: Signature

    Confidential treatment is requested pursuant to Rule 24b-2(g).
Additionally, pursuant to the requirements of the Securities
Exchange Act of 1934, {SCI Entity name{time}  has duly caused this
{notification{time}  {report{time}  to be signed on its behalf by
the undersigned duly authorized officer:

Date:
By (Name)
Title (______)
``Digitally Sign and Lock Form''

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

------------------------------------------------------------------------
Exhibit 1: Rule 1002(b)(2)          Within 24 hours of any responsible
 Notification of SCI Event. Add/     SCI personnel having a reasonable
 Remove/View.                        basis to conclude that the SCI
                                     event has occurred, the SCI entity
                                     shall submit a written notification
                                     pertaining to such SCI event to the
                                     Commission, which shall be made on
                                     a good faith, best efforts basis
                                     and include:
                                    (a) a description of the SCI event,
                                     including the system(s) affected;
                                     and
                                       (b) to the extent available as of
                                        the time of the notification:
                                        the SCI entity's current
                                        assessment of the types and
                                        number of market participants
                                        potentially affected by the SCI
                                        event; the potential impact of
                                        the SCI event on the market; a
                                        description of the steps the SCI
                                        entity has taken, is taking, or
                                        plans to take, with respect to
                                        the SCI event; the time the SCI
                                        event was resolved or timeframe
                                        within which the SCI event is
                                        expected to be resolved; and any
                                        other pertinent information
                                        known by the SCI entity about
                                        the SCI event.
Exhibit 2: Rule 1002(b)(4) Final    When submitting a final report
 or Interim Report of SCI Event.     pursuant to either Rule
 Add/Remove/View.                    1002(b)(4)(i)(A) or Rule
                                     1002(b)(4)(i)(B)(2), the SCI entity
                                     shall include:
                                       (a) a detailed description of:
                                        the SCI entity's assessment of
                                        the types and number of market
                                        participants affected by the SCI
                                        event; the SCI entity's
                                        assessment of the impact of the
                                        SCI event on the market; the
                                        steps the SCI entity has taken,
                                        is taking, or plans to take,
                                        with respect to the SCI event;
                                        the time the SCI event was
                                        resolved; the SCI entity's
                                        rule(s) and/or governing
                                        document(s), as applicable, that
                                        relate to the SCI event; and any
                                        other pertinent information
                                        known by the SCI entity about
                                        the SCI event;
                                       (b) a copy of any information
                                        disseminated pursuant to Rule
                                        1002(c) by the SCI entity to
                                        date regarding the SCI event to
                                        any of its members,
                                        participants, or, in the case of
                                        an SCI broker-dealer, customers;
                                        and
                                       (c) an analysis of parties that
                                        may have experienced a loss,
                                        whether monetary or otherwise,
                                        due to the SCI event, the number
                                        of such parties, and an estimate
                                        of the aggregate amount of such
                                        loss.
                                    When submitting an interim report
                                     pursuant to Rule
                                     1002(b)(4)(i)(B)(1), the SCI entity
                                     shall include such information to
                                     the extent known at the time.
Exhibit 3: Rule 1002(b)(5)(ii)      The SCI entity shall submit a
 Quarterly Report of DeMinimis SCI   report, within 30 calendar days
 Events. Add/Remove/View.            after the end of each calendar
                                     quarter, containing a summary
                                     description of systems disruptions
                                     that have had, or the SCI entity
                                     reasonably estimates would have, no
                                     or a de minimis impact on the SCI
                                     entity's operations or on market
                                     participants, including the SCI
                                     systems affected by such systems
                                     disruptions during the applicable
                                     calendar quarter.
Exhibit 4: Rule 1003 (a) Quarterly  When submitting a report pursuant to
 Report of Systems Changes. Add/     Rule 1003(a)(1), the SCI entity
 Remove/View.                        shall provide a report, within 30
                                     calendar days after the end of each
                                     calendar quarter, describing
                                     completed, ongoing, and planned
                                     material changes to its SCI systems
                                     and the security of indirect SCI
                                     systems, during the prior, current,
                                     and subsequent calendar quarters,
                                     including the dates or expected
                                     dates of commencement and
                                     completion. An SCI entity shall
                                     establish reasonable written
                                     criteria for identifying a change
                                     to its SCI systems and the security
                                     of indirect SCI systems as material
                                     and report such changes in
                                     accordance with such criteria.
                                    When submitting a report pursuant to
                                     Rule 1003(a)(2), the SCI entity
                                     shall provide a supplemental report
                                     of a material error in or material
                                     omission from a report previously
                                     submitted under Rule 1003(a)(1).
Exhibit 5: Rule 1003(b)(3) Report   The SCI entity shall provide the
 of SCI review. Add/Remove/View.     report of the SCI review, together
                                     with the date the report was
                                     submitted to senior management and
                                     the response of senior management
                                     to such report, within 60 calendar
                                     days after its submission to senior
                                     management of the SCI entity.
Exhibit 6: Optional Attachments.    This exhibit may be used in order to
 Add/Remove/View.                    attach other documents that the SCI
                                     entity may wish to submit as part
                                     of a Rule 1002(b)(1) initial
                                     notification submission or Rule
                                     1002(b)(3) update submission.
------------------------------------------------------------------------

General Instructions for Form SCI

A. Use of the Form

    Except with respect to notifications to the Commission made
pursuant to Rule 1002(b)(1) or updates to the Commission made
pursuant to Rule 1002(b)(3), any notification, review, description,
analysis, or report required to be submitted pursuant to Regulation
SCI under the Securities Exchange Act of 1934 (``Act'') shall be
filed in an electronic format through an electronic form filing
system (``EFFS''), a secure website operated by the Securities and
Exchange Commission (``Commission''). Documents attached as exhibits
filed through the EFFS system must be in a text-searchable format
without the use of optical character recognition. If, however, a
portion of a Form SCI submission (e.g., an image or diagram) cannot
be made available in a text-searchable format, such portion may be
submitted in a non-text searchable format.

B. Need for Careful Preparation of the Completed Form, Including
Exhibits

    This form, including the exhibits, is intended to elicit
information necessary for Commission staff to work with SCI entities
to ensure the capacity, integrity, resiliency, availability,
security, and compliance of their automated systems. An SCI entity
must provide all the information required by the form, including the
exhibits, and must present the information in a clear and
comprehensible manner. A filing that is incomplete or similarly
deficient may be returned to the SCI entity. Any filing so returned
shall for all purposes be deemed not to have been filed with the
Commission. See also Rule 0-3 under the Act (17 CFR 240.0-3).

C. When To Use the Form

    Form SCI is comprised of six types of required submissions to
the Commission pursuant to Rules 1002 and 1003. In addition, Form
SCI permits SCI entities to submit to the Commission two additional
types of submissions pursuant to Rules 1002(b)(1) and 1002(b)(3);
however, SCI entities are not required to use Form SCI for these two
types of submissions to the Commission. In filling out Form SCI, an
SCI

entity shall select the type of filing and provide all information
required by Regulation SCI specific to that type of filing.
    The first two types of required submissions relate to Commission
notification of certain SCI events:
    (1) ``Rule 1002(b)(2) Notification of SCI Event'' submissions
for notifications regarding systems disruptions, systems compliance
issues, or systems intrusions (collectively, ``SCI events''), other
than any systems disruption or systems compliance issue that has
had, or the SCI entity reasonably estimates would have, no or a de
minimis impact on the SCI entity's operations or on market
participants; and
    (2) ``Rule 1002(b)(4) Final or Interim Report of SCI Event''
submissions, of which there are two kinds (a final report under Rule
1002(b)(4)(i)(A) or Rule 1002(b)(4)(i)(B)(2); or an interim status
report under Rule 1002(b)(4)(i)(B)(1)).
    The other four types of required submissions are periodic
reports, and include:
    (1) ``Rule 1002(b)(5)(ii)'' submissions for quarterly reports of
systems disruptions which have had, or the SCI entity reasonably
estimates would have, no or a de minimis impact on the SCI entity's
operations or on market participants;
    (2) ``Rule 1003(a)(1)'' submissions for quarterly reports of
material systems changes;
    (3) ``Rule 1003(a)(2)'' submissions for supplemental reports of
material systems changes; and
    (4) ``Rule 1003(b)(3)'' submissions for reports of SCI reviews.

Required Submissions for SCI Events

    For 1002(b)(2) submissions, an SCI entity must notify the
Commission using Form SCI by selecting the appropriate box in
Section I and filling out all information required by the form,
including Exhibit 1. 1002(b)(2) submissions must be submitted within
24 hours of any responsible SCI personnel having a reasonable basis
to conclude that an SCI event has occurred.
    For 1002(b)(4) submissions, if an SCI event is resolved and the
SCI entity's investigation of the SCI event is closed within 30
calendar days of the occurrence of the SCI event, an SCI entity must
file a final report under Rule 1002(b)(4)(i)(A) within five business
days after the resolution of the SCI event and closure of the
investigation regarding the SCI event. However, if an SCI event is
not resolved or the SCI entity's investigation of the SCI event is
not closed within 30 calendar days of the occurrence of the SCI
event, an SCI entity must file an interim status report under Rule
1002(b)(4)(i)(B)(1) within 30 calendar days after the occurrence of
the SCI event. For SCI events in which an interim status report is
required to be filed, an SCI entity must file a final report under
Rule 1002(b)(4)(i)(B)(2) within five business days after the
resolution of the SCI event and closure of the investigation
regarding the SCI event. For 1002(b)(4) submissions, an SCI entity
must notify the Commission using Form SCI by selecting the
appropriate box in Section I and filling out all information
required by the form, including Exhibit 2.

Required Submissions for Periodic Reporting

    For 1002(b)(5)(ii) submissions, an SCI entity must submit
quarterly reports of systems disruptions which have had, or the SCI
entity reasonably estimates would have, no or a de minimis impact on
the SCI entity's operations or on market participants. The SCI
entity must select the appropriate box in Section II and fill out
all information required by the form, including Exhibit 3.
    For 1003(a)(1) submissions, an SCI entity must submit its
quarterly report of material systems changes to the Commission using
Form SCI. The SCI entity must select the appropriate box in Section
II and fill out all information required by the form, including
Exhibit 4.
    Filings made pursuant to Rule 1002(b)(5)(ii) and Rule 1003(a)(1)
must be submitted to the Commission within 30 calendar days after
the end of each calendar quarter (i.e., March 31st, June 30th,
September 30th and December 31st) of each year.
    For 1003(a)(2) submissions, an SCI entity must submit a
supplemental report notifying the Commission of a material error in
or material omission from a report previously submitted under Rule
1003(a). The SCI entity must select the appropriate box in Section
II and fill out all information required by the form, including
Exhibit 4.
    For 1003(b)(3) submissions, an SCI entity must submit its report
of its SCI review, together with the date the report was submitted
to senior management and the response of senior management to such
report, to the Commission using Form SCI. A 1003(b)(3) submission is
required within 60 calendar days after the report of the SCI review
has been submitted to senior management of the SCI entity. The SCI
entity must select the appropriate box in Section II and fill out
all information required by the form, including Exhibit 5.

Optional Submissions

    An SCI entity may, but is not required to, use Form SCI to
submit a notification pursuant to Rule 1002(b)(1). If the SCI entity
uses Form SCI to submit a notification pursuant to Rule 1002(b)(1),
it must select the appropriate box in Section I and provide a short
description of the SCI event. Documents may also be attached as
Exhibit 6 if the SCI entity chooses to do so. An SCI entity may, but
is not required to, use Form SCI to submit an update pursuant to
Rule 1002(b)(3). Rule 1002(b)(3) requires an SCI entity to, until
such time as the SCI event is resolved and the SCI entity's
investigation of the SCI event is closed, provide updates pertaining
to such SCI event to the Commission on a regular basis, or at such
frequency as reasonably requested by a representative of the
Commission, to correct any materially incorrect information
previously provided, or when new material information is discovered,
including but not limited to, any of the information listed in Rule
1002(b)(2)(ii). If the SCI entity uses Form SCI to submit an update
pursuant to Rule 1002(b)(3), it must select the appropriate box in
Section I and provide a short description of the SCI event.
Documents may also be attached as Exhibit 6 if the SCI entity
chooses to do so.

D. Documents Comprising the Completed Form

    The completed form filed with the Commission shall consist of
Form SCI, responses to all applicable items, and any exhibits
required in connection with the filing. Each filing shall be marked
on Form SCI with the initials of the SCI entity, the four-digit
year, and the number of the filing for the year (e.g., SCI Name-
YYYY-XXX).

E. Contact Information; Signature; and Filing of the Completed Form

    Each time an SCI entity submits a filing to the Commission on
Form SCI, the SCI entity must provide the contact information
required by Section III of Form SCI. Space for additional contact
information, if appropriate, is also provided.
    All notifications and reports required to be submitted through
Form SCI shall be filed through the EFFS. In order to file Form SCI
through the EFFS, SCI entities must request access to the
Commission's External Application Server by completing a request for
an external account user ID and password. Initial requests will be
received by contacting<PHONE_NUMBER>. An email will be sent to the
requestor that will provide a link to a secure website where basic
profile information will be requested. A duly authorized individual
of the SCI entity shall electronically sign the completed Form SCI
as indicated in Section IV of the form. In addition, a duly
authorized individual of the SCI entity shall manually sign one copy
of the completed Form SCI, and the manually signed signature page
shall be preserved pursuant to the requirements of Rule 1005.

F. Withdrawals of Commission Notifications and Periodic Reports

    If an SCI entity determines to withdraw a Form SCI, it must
complete Page 1 of the Form SCI and indicate by selecting the
appropriate check box to withdraw the submission.

G. Paperwork Reduction Act Disclosure

    This collection of information will be reviewed by the Office of
Management and Budget in accordance with the clearance requirements
of 44 U.S.C. 3507. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless it displays a currently valid control number. The Commission
estimates that the average burden to respond to Form SCI will be
between one and 125 hours, depending upon the purpose for which the
form is being filed. Any member of the public may direct to the
Commission any comments concerning the accuracy of this burden
estimate and any suggestions for reducing this burden.
    Except with respect to notifications to the Commission made
pursuant to Rule 1002(b)(1) or updates to the Commission made
pursuant to Rule 1002(b)(3), it is mandatory that an SCI entity file
all notifications, reviews, descriptions, analyses, and reports
required by Regulation SCI using Form SCI. The Commission will keep
the information collected pursuant to Form SCI confidential to the
extent permitted by law. Subject to the provisions of the Freedom of

Information Act, 5 U.S.C. 522 (``FOIA''), and the Commission's rules
thereunder (17 CFR 200.80(b)(4)(iii)), the Commission does not
generally publish or make available information contained in any
reports, summaries, analyses, letters, or memoranda arising out of,
in anticipation of, or in connection with an examination or
inspection of the books and records of any person or any other
investigation.

H. Exhibits

    List of exhibits to be filed, as applicable:
    Exhibit 1: Rule 1002(b)(2)--Notification of SCI Event. Within 24
hours of any responsible SCI personnel having a reasonable basis to
conclude that the SCI event has occurred, the SCI entity shall
submit a written notification pertaining to such SCI event to the
Commission, which shall be made on a good faith, best efforts basis
and include: (a) a description of the SCI event, including the
system(s) affected; and (b) to the extent available as of the time
of the notification: the SCI entity's current assessment of the
types and number of market participants potentially affected by the
SCI event; the potential impact of the SCI event on the market; a
description of the steps the SCI entity has taken, is taking, or
plans to take, with respect to the SCI event; the time the SCI event
was resolved or timeframe within which the SCI event is expected to
be resolved; and any other pertinent information known by the SCI
entity about the SCI event.
    Exhibit 2: Rule 1002(b)(4)--Final or Interim Report of SCI
Event. When submitting a final report pursuant to either Rule
1002(b)(4)(i)(A) or Rule 1002(b)(4)(i)(B)(2), the SCI entity shall
include: (a) a detailed description of: the SCI entity's assessment
of the types and number of market participants affected by the SCI
event; the SCI entity's assessment of the impact of the SCI event on
the market; the steps the SCI entity has taken, is taking, or plans
to take, with respect to the SCI event; the time the SCI event was
resolved; the SCI entity's rule(s) and/or governing document(s), as
applicable, that relate to the SCI event; and any other pertinent
information known by the SCI entity about the SCI event; (b) a copy
of any information disseminated pursuant to Rule 1002(c) by the SCI
entity to date regarding the SCI event to any of its members,
participants, or, in the case of an SCI broker-dealer, customers;
and (c) an analysis of parties that may have experienced a loss,
whether monetary or otherwise, due to the SCI event, the number of
such parties, and an estimate of the aggregate amount of such loss.
When submitting an interim report pursuant to Rule
1002(b)(4)(i)(B)(1), the SCI entity shall include such information
to the extent known at the time.
    Exhibit 3: Rule 1002(b)(5)(ii)--Quarterly Report of De Minimis
SCI Events. The SCI entity shall submit a report, within 30 calendar
days after the end of each calendar quarter, containing a summary
description of systems disruptions that have had, or the SCI entity
reasonably estimates would have, no or a de minimis impact on the
SCI entity's operations or on market participants, including the SCI
systems affected by such SCI events during the applicable calendar
quarter.
    Exhibit 4: Rule 1003(a)--Quarterly Report of Systems Changes.
When submitting a report pursuant to Rule 1003(a)(1), the SCI entity
shall provide a report, within 30 calendar days after the end of
each calendar quarter, describing completed, ongoing, and planned
material changes to its SCI systems and the security of indirect SCI
systems, during the prior, current, and subsequent calendar
quarters, including the dates or expected dates of commencement and
completion. An SCI entity shall establish reasonable written
criteria for identifying a change to its SCI systems and the
security of indirect SCI systems as material and report such changes
in accordance with such criteria. When submitting a report pursuant
to Rule 1003(a)(2), the SCI entity shall provide a supplemental
report of a material error in or material omission from a report
previously submitted under Rule 1003(a); provided, however, that a
supplemental report is not required if information regarding a
material systems change is or will be provided as part of a
notification made pursuant to Rule 1002(b).
    Exhibit 5: Rule 1003(b)(3)--Report of SCI Review. The SCI entity
shall provide the report of the SCI review, together with the date
the report was submitted to senior management and the response of
senior management to such report, within 60 calendar days after its
submission to senior management of the SCI entity.
    Exhibit 6: Optional Attachments. This exhibit may be used in
order to attach other documents that the SCI entity may wish to
submit as part of a Rule 1002(b)(1) initial notification submission
or Rule 1002(b)(3) update submission.

I. Explanation of Terms

    Critical SCI systems means any SCI systems of, or operated by or
on behalf of, an SCI entity that: (1) directly support functionality
relating to: (i) clearance and settlement systems of clearing
agencies; (ii) openings, reopenings, and closings on the primary
listing market; (iii) trading halts; (iv) initial public offerings;
(v) the provision of market data by a plan processor; or (vi)
exclusively-listed securities; or (2) provide functionality to the
securities markets for which the availability of alternatives is
significantly limited or nonexistent and without which there would
be a material impact on fair and orderly markets.
    Indirect SCI systems means any systems of, or operated by or on
behalf of, an SCI entity that, if breached, would be reasonably
likely to pose a security threat to SCI systems.
    Major SCI event means an SCI event that has had, or the SCI
entity reasonably estimates would have: (1) any impact on a critical
SCI system; or (2) a significant impact on the SCI entity's
operations or on market participants.
    Responsible SCI personnel means, for a particular SCI system or
indirect SCI system impacted by an SCI event, such senior manager(s)
of the SCI entity having responsibility for such system, and their
designee(s).
    SCI entity means an SCI self-regulatory organization, SCI
alternative trading system, plan processor, exempt clearing agency,
SCI competing consolidator, SCI broker-dealer, or registered
security-based swap data repository.
    SCI event means an event at an SCI entity that constitutes: (1)
a systems disruption; (2) a systems compliance issue; or (3) a
systems intrusion.
    SCI review means a review, following established and documented
procedures and standards, that is performed by objective personnel
having appropriate experience to conduct reviews of SCI systems and
indirect SCI systems, and which review, using appropriate risk
management methodology, contains: (1) with respect to each SCI
system and indirect SCI system of the SCI entity, assessments
performed by objective personnel of: (A) the risks related to
capacity, integrity, resiliency, availability, and security; (B)
internal control design and operating effectiveness, to include
logical and physical security controls, development processes,
systems capacity and availability, information technology service
continuity, and information technology governance, consistent with
industry standards; and (C) third party provider management risks
and controls; and (2) penetration test reviews performed by
objective personnel of the network, firewalls, and production
systems, including of any vulnerabilities of its SCI systems and
indirect SCI systems identified pursuant to paragraph Sec.
242.1001(a)(2)(iv); (3) provided, however, that assessments of SCI
systems directly supporting market regulation or market surveillance
shall be conducted at a frequency based upon the risk assessment
conducted as part of the SCI review, but in no case less than once
every three years.
    SCI systems means all computer, network, electronic, technical,
automated, or similar systems of, or operated by or on behalf of, an
SCI entity that, with respect to securities, directly support
trading, clearance and settlement, order routing, market data,
market regulation, or market surveillance; provided, however, that
with respect to an SCI broker-dealer that satisfies only the
requirements of paragraph (2) of the definition of ``SCI broker-
dealer,'' such systems shall include only those systems with respect
to the type of securities for which an SCI broker-dealer satisfies
the requirements of paragraph (2) of the definition.
    Systems Compliance Issue means an event at an SCI entity that
has caused any SCI system of such entity to operate in a manner that
does not comply with the Act and the rules and regulations
thereunder or the entity's rules or governing documents, as
applicable.
    Systems Disruption means an event in an SCI entity's SCI systems
that disrupts, or significantly degrades, the normal operation of an
SCI system.

    Systems Intrusion means any: (1) unauthorized entry into the SCI
systems or indirect SCI systems of an SCI entity; (2) cybersecurity
event that disrupts, or significantly degrades, the normal operation
of an SCI system; or (3) significant attempted unauthorized entry
into the SCI systems or indirect SCI systems of an SCI entity, as
determined by the SCI entity pursuant to established reasonable
written criteria.
[FR Doc. 2023-05775 Filed 4-13-23; 8:45 am]
BILLING CODE 8011-01-P


Comment Info: =================

General Comment:May 18, 2014

Dear Mr. Zeller:

I am writing as an individual consumer and a healthcare provider to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me and my patients regarding products that are proposed for regulation under the Proposed Rule.  I want to provide my thoughts and comments on these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited.  The enabling law has several points that may or may not be applied and the consequences of their application must be weighed carefully in consideration of my proposals.  I realize that the FDA required a long time to develop these proposals, involving several adjunct resources.  As this is the only time consumers of e-cigarettes will have to comment, asking that the comment period to be extended is a reasonable and necessary request.

As a healthcare professional I have seen the damage done by combustible tobacco products. I have also seen the tears of joy on the faces of patients who discovered e-cigarette use as a way out from under the crushing consequences of nicotine addiction.   I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. The FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. Please do so again, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Respectfully,

Robert Bruce Nye, RN Papillion, NE  68046 Email<EMAIL_ADDRESS>


[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]
[Page 66636]
[DOCID:fr16de09-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-377-000]

Elk Creek Wind II, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

December 9, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Elm Creek Wind II LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is December 29, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list.
    They are also available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
Web site that enables subscribers to receive e-mail notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please e-mail<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-29911 Filed 12-15-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Notices]
[Pages 62793-62794]
[FR Doc No: 2011-26073]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice Of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC11-121-000.
    Applicants: Alta Wind I, LLC, Alta Wind II, LLC, Alta Wind III,
LLC, Alta Wind IV, LLC, Alta Wind V, LLC, Alta Wind VI, LLC, Alta Wind
VIII, LLC, Alta Windpower Development, LLC.
    Description: Application for Authorization for Disposition of
Jurisdictional Facilities and Request for Expedited Action of Alta Wind
I, LLC, et al.
    Filed Date: 09/28/2011.
    Accession Number: 20110928-5165.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 19, 2011.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2441-001.
    Applicants: Central Vermont Public Service Corporation.
    Description: Notice of Change in Status of Central Vermont Public
Service Corporation.
    Filed Date: 09/28/2011.
    Accession Number: 20110928-5180.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 19, 2011.

    Docket Numbers: ER11-3262-003.
    Applicants: Trans Bay Cable LLC.
    Description: Trans Bay Cable LLC submits tariff filing per 35:
Compliance Filing for Corrected Title Page to be effective 9/28/2011.
    Filed Date: 09/28/2011.
    Accession Number: 20110928-5161.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 19, 2011.

    Docket Numbers: ER11-4386-001.
    Applicants: AmericaWide Energy, LLC.
    Description: AmericaWide Energy, LLC submits tariff filing per
35.17(b): Amendment to Market-Based Rate Application to be effective
11/1/2011.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5040.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4673-000.
    Applicants: Air Liquide Large Industries U.S. LP.
    Description: Air Liquide Large Industries U.S. LP submits tariff
filing per 35.1: Market-Based Rate Tariff to be effective 9/28/2011.
    Filed Date: 09/28/2011.
    Accession Number: 20110928-5127.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 19, 2011.

    Docket Numbers: ER11-4674-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: Vectren-IMPA Facilities
Connection Agreement to be effective 9/29/2011.
    Filed Date: 09/28/2011.
    Accession Number: 20110928-5146.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 19, 2011.

    Docket Numbers: ER11-4675-000.
    Applicants: Florida Power & Light Company
    Description: Florida Power & Light Company submits tariff filing
per 35.13(a)(2)(iii: FPL and City of Vero Beach First Revised Service
Agreement No. 264 to be effective 10/1/2011.
    Filed Date: 09/28/2011.
    Accession Number: 20110928-5153.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 19, 2011.

    Docket Numbers: ER11-4676-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Puget Sound Energy, Inc. submits tariff filing per
35.12: Residential Exchange Program Settlement Implementation Agreemt
Rate Schedule 620 to be effective 10/1/2011.
    Filed Date: 09/28/2011.
    Accession Number: 20110928-5156.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 19, 2011.

    Docket Numbers: ER11-4677-000.
    Applicants: NextEra Energy Montezuma II Wind, LLC.
    Description: NextEra Energy Montezuma II Wind, LLC submits tariff
filing per 35.12: NextEra Energy Montezuma II Wind, LLC Market-Based
Rate Tariff to be effective 10/1/2011.
    Filed Date: 09/28/2011.
    Accession Number: 20110928-5160.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 19, 2011.

    Docket Numbers: ER11-4678-000.
    Applicants: Vasco Winds, LLC.
    Description: Vasco Winds, LLC submits tariff filing per 35.12:
Vasco Winds, LLC Market-Based Rate Tariff to be effective 10/1/2011.
    Filed Date: 09/28/2011.
    Accession Number: 20110928-5162.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 19, 2011.

    Docket Numbers: ER11-4679-000.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits tariff filing per
35.13(a)(2)(iii: Filing of Pole Attachment Agreement to be effective 9/
28/2011.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5026.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4680-000.
    Applicants: SIG Energy, LLLP.
    Description: SIG Energy, LLLP submits tariff filing per 35.1:
Baseline Filing to be effective 9/30/2011.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5046.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4681-000.
    Applicants: Energy Consulting Services, LLC.
    Description: Energy Consulting Services, LLC submits tariff filing
per 35.12: ECS MBRA Baseline eTariff to be effective 9/30/2011.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5047
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4682-000.
    Applicants: Kuehne Chemical.
    Description: Kuehne Chemical submits tariff filing per 35.12:
Kuehne Chemical Company MBRA Baseline eTariff to be effective 9/30/
2011.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5048.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4683-000.
    Applicants: Elizabethtown Energy, LLC.
    Description: Elizabethtown Energy, LLC submits tariff filing per
35.1: Elizabethtown Energy LLC Baseline MBR Filing to be effective 9/
29/2011.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5050.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4684-000.
    Applicants: Lumberton Energy, LLC
    Description: Lumberton Energy, LLC submits tariff filing per 35.1:
Lumberton Energy LLC Baseline MBR Filing to be effective 9/29/2011.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5051.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4685-000.
    Applicants: KEB Trading LLC.
    Description: KEB TRADING LLC submits a notice of cancellation.
    Filed Date: 09/28/2011.
    Accession Number: 20110928-0021.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 19, 2011.

    Docket Numbers: ER11-4686-000.
    Applicants: Goldfinch Capital Management, LP.
    Description: Goldfinch Capital Management, LP submits tariff filing
per 35.1: Goldfinch Capital Baseline Tariff Filing--Clone to be
effective 9/29/2011.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5059.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4687-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.13(a)(2)(iii: Amendment to Service Agreement No. 215,
Interconnection Agreement to be effective 9/12/2011.
    Filed Date: 09/29/2011
    Accession Number: 20110929-5062.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4688-000.
    Applicants: Northeast Utilities Service Company, Western
Massachusetts Electric Company.
    Description: Northeast Utilities Service Company, on behalf of
Western Massachusetts Electric Company Notification of Cancellation of
Interconnection Operation and Maintenance Agreement between WMECO and
MASSPOWER.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5066.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4689-000.
    Applicants: Monarch Global Energy, Inc.
    Description: Notice of Cancellation of Monarch Global Energy, Inc.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5068.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4690-000.
    Applicants: Wisconsin Power and Light Company.
    Description: Notice of Termination of Interconnection and
Interchange Agreement between Northern States Power Companies and
Wisconsin Power and Light Company.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5079.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4691-000.
    Applicants: Icetec.com.
    Description: Icetec.com submits tariff filing per 35.12: Icetec.com
Baseline eTariff to be effective 9/30/2011.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5082.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4692-000.
    Applicants: Vision Power Services, LLC.
    Description: Vision Power Services, LLC submits tariff filing per
35.12: Vision Power Systems, LLC Baseline eTariff to be effective 9/30/
2011.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5083.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Docket Numbers: ER11-4693-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Queue Position U1-059 & W1-056; Original Service
Agreement Nos. 3071 & 3072 to be effective 8/30/2011.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5084.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES11-52-000.
    Applicants: PPL Electric Utilities Corporation.
    Description: Application under section 204 of PPL Electric
Utilities Corporation.
    Filed Date: 09/29/2011.
    Accession Number: 20110929-5063.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 20, 2011.

    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
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: September 29, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-26073 Filed 10-7-11; 8:45 am]
BILLING CODE 6717-01-P