[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Pages 1647-1651]
[FR Doc No: 2016-00466]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76851; File No. SR-EDGA-2015-49]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rules
11.17, Registration of Market Makers, and 11.20, Obligations of Market
Makers

January 7, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 24, 2015, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') 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 Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rules 11.17, Registration of
Market Makers, and 11.20, Obligations of Market Makers, in order to
update certain provisions and conform to the rules of BATS Exchange,
Inc. (``BZX''), BATS Y-Exchange, Inc. (``BYX''), EDGX Exchange, Inc.'s
(``EDGX'') equity options trading platform (``EDGX Options''), BZX's
equity options trading platform (``BZX Options''), and the Nasdaq Stock
Market LLC (``Nasdaq'').\5\
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    \5\ See BYX and BZX Rules 11.5 and 11.8; BZX Options Rule
22.6(d)(4), (5), and (7); EDGX Options Rule 22.6(d)(4), (5), and
(7); and Nasdaq Rules Rule 4613(a)(2)(ii), 4613(a)(2)(D) and (E).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.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 parts of such
statements.

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

1. Purpose
    In early 2014, the Exchange and its affiliate, EDGX received
approval to effect a merger (the ``Merger'') of the Exchange's parent
company, Direct Edge Holdings LLC, with BATS Global Markets, Inc., the
parent of BZX and the BYX (together with BZX, EDGA and EDGX, the ``BGM
Affiliated Exchanges'').\6\ In the context of the Merger, the BGM
Affiliated Exchanges are working to align their rules, retaining only
intended differences between the BGM Affiliated Exchanges. Thus, the
Exchange proposes to amend Rules 11.17, Registration of Market Makers,
and 11.20, Obligations of Market Makers, in order to update certain
provisions and conform to the rules of BYX and BZX and provide a
consistent rule set across each of the BGM Affiliated Exchanges.\7\ As
amended, Exchange Rules 11.17 and 11.20 would be identical to BYX and
BZX Rules 11.5 and 11.8 but for different cross references to Exchange
Rules that are due to the different rule numbering amongst the
Exchange, BYX and BZX.\8\
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    \6\ See Securities Exchange Act Release No. 71449 (January 30,
2014), 79 FR 6961 (February 5, 2014) (SR-EDGX-2013-43; SR-EDGA-2013-
34).
    \7\ The Exchange notes that EDGX intends to file an identical
proposal with the Commission to amend its Rules 11.17 and 11.20 to
update certain provisions and conform to BYX and BZX Rules 11.5 and
11.8. The Exchange notes that BYX and BZX intend to file proposed
rule changes to make related changes to their Rules 11.5 and 11.8 to
conform with the changes proposed herein.
    \8\ The Exchange notes that the substance of the rules that are
cross-referenced in Rule 11.17 and 11.20 are identical or
substantially similar to the corresponding BYX and BZX Rules.
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Rule 11.17, Registration of Market Makers
    Like BYX and BZX Rule 11.5, Exchange Rule 11.17 governs the
registration of Market Makers on the Exchange. In particular,
paragraphs (a) and (b) of Rule 11.17 set forth the application process
for Members seeking to register as Market Makers on the Exchange. To
harmonize Exchange Rule 11.17(a) with BYX and BZX Rule 11.5(a), the
Exchange proposes to replace the word ``under'' with ``of'' when
referencing Rule 15c3-1 of the Exchange Act. But for different cross-
referencing to Exchange rules that are identical or substantially
similar to corresponding BYX and BZX rules, this change would make
Exchange Rule 11.17 identical to BYX and BZX Rule 11.5.
    The Exchange also proposes to amend paragraphs (c)(4) and (e) to
update rule cross-references to reflect the renumbering of certain
rules as part of an earlier exchange rule filing.\9\ Within paragraph
(c)(4) to Rule 11.17, the Exchange proposes to replace reference to
Rule 11.19(b)(5) with Rule 11.18(b)(5). The Exchange also proposes to
amend paragraph (e) to Rule 11.17 to replace references to Rules 11.18,
11.19, and 11.20 with Rules 11.17, 11.18, and 11.19.
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    \9\ See Securities Exchange Act Release No. 73592 (November 13,
2014), 79 FR 68937 (November 19, 2014) (SR-EDGA-2014-20).
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Rule 11.20, Obligations of Market Makers
    Like BYX and BZX Rules 11.8, Exchange Rule 11.20 sets forth the
obligations of Market Makers. In short, Members who are registered as
Market Makers in one or more securities traded on the Exchange must
engage in a course of dealings for their own account to assist in the
maintenance, insofar as reasonably practicable, of fair and orderly
markets on the Exchange in accordance with these Rules. The Exchange
proposes to make the following changes to harmonize Rule 11.20(a), (c),
and (d) with BYX and BZX Rule 11.8:
     Amend subparagraph (a)(5) to replace in the second
sentence the word ``entering'' with ``entry'';
     amend paragraph (c) to replace in the second sentence the
word ``limits'' with ``will limit'';
     amend paragraph (d)(1) to: (i) add the phrase ``is
identified to the Exchange as the interest meeting the obligation and''
to the first sentence; (ii) add the word ``either'' to the fourth
sentence; and (iii) add the phrase ``or by identifying existing
interest on the EDGA Book that will satisfy this obligation'' to the
last sentence; and
     amend paragraphs (d)(2)(A) and (B) to add to the last
sentence of each paragraph the phrase ``, or must be able to identify
to the Exchange current resting interest that satisfies the Two-Sided
Obligation.''
    The Exchange also proposes to amend Rule 11.20(d)(1) to clarify the
scenarios in which a Market Maker's two-sided quoting obligation may be
temporarily suspended or alleviated. The provisions proposed to be
added are each substantially similar to the rules of BZX Options and
EDGX Options.\10\ Proposed Rule 11.20(d)(1)(A) addresses a Market
Maker's ability to satisfy the quoting standard in the event of a
technical failure or system limitation. In particular, if a technical
failure or limitation of a system of the Exchange prevents the Market
Maker from maintaining or communicating to the Exchange timely and
accurate quotes in each security in which a Member is registered as a
Market Maker, the duration of such failure shall not be considered in
determining whether the Market Maker has satisfied the quoting standard
with respect to that security.\11\
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    \10\ See BZX Options Rule 22.6(d)(4), (5), and (7). See also
EDGX Options Rule 22.6(d)(4), (5), and (7).
    \11\ See Securities Exchange Act Release No. 71229 (December 18,
2013), 78 FR 77736 (December 24, 2013) (SR-BATS-2013-062) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to
Modify BATS Options Market Maker Continuous Quoting Obligation
Rules).
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    In addition, proposed Rule 11.20(d)(1)(B) addresses a Market
Maker's ability to satisfy the quoting standard during a halt,
suspension or pause. A Market Maker's quoting obligation under Rule
11.20 would be suspended during a trading halt, suspension, or pause in
the security.\12\ A Market Maker's quoting obligation would re-commence
after the first regular way transaction on the primary listing market
following such halt, suspension, or pause in the security, as reported
by the responsible single plan processor.\13\ A Market Maker's quoting
obligation would also be suspended under Rule 11.20(d)(1)(B) for the
duration that an NMS stock is in a Limit State or a Straddle State
declared pursuant to the Plan to Address Extraordinary Market
Volatility Pursuant to Rule 608 of Regulation NMS under the Act (the
``Limit Up-Limit Down Plan'' or ``Plan'').\14\
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    \12\ The Exchange notes that proposed Rule 11.20(d)(1)(B) would
differ from BZX Options and EDGX Options Rules 22.6(d)(5) in so far
as proposed Rule 11.20(d)(1)(B) references ``security'' rather than
``underlying security'' in order to conform to the equities markets.
    \13\ See also Nasdaq Stock Market LLC (``Nasdaq'') Rule
4613(a)(2)(ii).
    \14\ See EDGA and EDGX Rules 11.16(e). See also BZX and BYX
Rules 11.18(e). Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release'').

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    Under proposed Rule 11.20(d)(1)(C), the Exchange would have the
ability to consider other exceptions to the Two-Sided Obligation based
on demonstrated legal or regulatory requirements or other mitigating
circumstances. For example, a Market Maker must implement the pre-trade
and other risk controls required by Rule 15c3-5 of the Act (the
``Market Access Rule'') with respect to all of their quoting activity.
These pre-trade risk controls must be reasonably designed to
systemically limit financial exposure and ensure compliance with all
regulatory requirements. The risk controls a Market Maker may have in
place to comply with the Market Access Rule may prevent that Market
Maker from satisfying its quoting obligation. In such case, the
Exchange would consider whether the Market Maker's failure to satisfy
its quoting obligation due to its compliance with the Market Access
Rule was proper.
    Lastly, the Exchange proposes to amend its definitions of
``Designated Percentage'' and ``Defined Limit'' under Rules
11.8(d)(2)(D) and (E) respectively to be substantially similar to
Nasdaq Rules 4613(a)(2)(D) and (E). The pricing obligations applicable
to quotations of Market Makers are based on the Designated Percentage
and the Defined Limit, which are determined based on the applicable
trigger percentage. The amended definitions would include additional
specificity and updated descriptions of the categories of securities
that are subject to those percentages. Notably, the Exchange proposes
to replace references to the terms Original Circuit Breaker Securities
(defined below) with Tier 1 or Tier 2 NMS Stocks under the Limit Up-
Limit Down Plan (also defined below), as the Exchange believes these
terms more accurately describe the securities to which a certain
percentage applies. The Exchange is not proposing new percentages
governing a Market Maker's quoting obligations; it is seeking to adopt
revised definitions that are substantially similar to that of Nasdaq in
order to provide consistent rules with regard to Market Maker's quoting
obligations.\15\ The Exchange believes consistent definitions would
avoid confusion amongst market participants that make markets on
multiple venues.
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    \15\ The Exchange proposed to categorize securities included in
the S&P 500[supreg] Index, Russell 1000[supreg] Index, and a pilot
list of Exchange Traded Products as Tier 1 NMS Stocks under the
under the Limit Up-Limit Down Plan. Securities not included in the
S&P 500[supreg] Index, Russell 1000[supreg] Index, or in the pilot
list of Exchange Traded Products would be categorized as Tier 2 NMS
Stocks under the under the Limit Up-Limit Down Plan. Nasdaq Rule
4613(a)(2)(D) and (E) references securities as included in the S&P
500[supreg] Index, Russell 1000[supreg] Index, and a pilot list of
Exchange Traded Products as such and those that are not as Tier 2
NMS Stocks. The Exchange notes that BYX and BZX also intent to amend
their definitions of Designated Percentage and Defined Limit to
mirror that proposed herein.
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    The Exchange currently defines Designated Percentage under Rule
11.20(d)(2)(D) as 8% with respect to securities included in the S&P
500[supreg] Index and the Russell 1000[supreg] Index, as well as a
pilot list of Exchange Traded Products for securities subject to an
individual stock pause trigger under the applicable rules of a primary
listing market (``Original Circuit Breaker Securities''). For times
during Regular Trading Hours \16\ when stock pause triggers are not in
effect under the rules of the primary listing market, the Designated
Percentage shall be 20% for Original Circuit Breaker Securities. Under
Rule 11.20(d)(2)(E), the Designated Percentage shall be 28% for all NMS
securities that are not Original Circuit Breaker Securities with a
price equal to or greater than $1.00, and 30% for all NMS securities
that are not Original Circuit Breaker Securities with a price less than
$1.00.
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    \16\ See Exchange Rule 1.5(y).
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    As amended, Designated Percentage would be defined solely under
Exchange Rule 11.20(d)(2)(D) as 8% for Tier 1 NMS Stocks under the
Limit Up-Limit Down Plan,\17\ 28% for Tier 2 NMS Stocks under the Limit
Up-Limit Down Plan \18\ with a price equal to or greater than $1.00,
and 30% for Tier 2 NMS Stocks under the Limit Up-Limit Down Plan with a
price less than $1.00, except that between 9:30 a.m. and 9:45 a.m. and
between 3:35 p.m. and the close of trading, when Exchange Rule 11.16(e)
is not in effect, the Designated Percentage shall be 20% for Tier 1 NMS
Stocks under the Limit Up-Limit Down Plan, 28% for Tier 2 NMS Stocks
under the Limit Up-Limit Down Plan with a price equal to or greater
than $1.00, and 30% for Tier 2 NMS Stocks under the Limit Up-Limit Down
Plan with a price less than $1.00.
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    \17\ Tier 1 NMS Stocks under the Limit Up-Limit Down Plan are
securities that are included in the S&P 500[supreg] Index, Russell
1000[supreg] Index, and a pilot list of Exchange Traded Products.
See the Limit Up-Limit Down Release supra note 14.
    \18\ Tier 2 NMS Stocks under the Limit Up-Limit Down Plan are
securities that are not included in the S&P 500[supreg] Index,
Russell 1000[supreg] Index, and a pilot list of Exchange Traded
Products. Id.
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    The Exchange currently defines Defined Limit under Rule
11.20(d)(2)(F) and (G) as 9.5% for Original Circuit Breaker Securities.
For times during Regular Trading Hours when stock pause triggers are
not in effect under the rules of the primary listing market, the
Defined Limit shall be 21.5% for Original Circuit Breaker Securities.
The Defined Limit is 29.5% for all NMS securities that are not Original
Circuit Breaker Securities with a price equal to or greater than $1.00,
and 31.5% for all NMS securities that are not Original Circuit Breaker
Securities with a price less than $1.00.
    As amended, subparagraphs (d)(2)(F) and (G) of Exchange Rule 11.20
would be deleted and Defined Limit would be defined solely under
Exchange Rule 11.20(d)(2)(E) as 9.5% for Tier 1 NMS Stocks under the
Limit Up-Limit Down Plan, 29.5% for Tier 2 NMS Stocks under the Limit
Up-Limit Down Plan with a price equal to or greater than $1.00, and
31.5% for Tier 2 NMS Stocks under the Limit Up-Limit Down Plan with a
price less than $1.00, except that between 9:30 a.m. and 9:45 a.m. and
between 3:35 p.m. and the close of trading, when Exchange Rule 11.16(e)
is not in effect, the Defined Limit shall be 21.5% for Tier 1 NMS
Stocks under the Limit Up-Limit Down Plan, 29.5% for Tier 2 NMS Stocks
under the Limit Up-Limit Down Plan with a price equal to or greater
than $1.00, and 31.5% for Tier 2 NMS Stocks under the Limit Up-Limit
Down Plan with a price less than $1.00. Exchange Rule 11.8(d)(2)(E)
also states that for times during Regular Trading Hours when stock
pause triggers are not in effect under the rules of the primary listing
market, the Defined Limit will be 21.5% for securities included in the
S&P 500[supreg] Index, Russell 1000[supreg] Index, and a pilot list of
Exchange Traded Products. The Defined Limit will remain the same
throughout Regular Trading Hours for all other NMS stocks.
    The Exchange proposes to delete Interpretation and Policy .01 to
Rule 11.20 as its content is not included in BYX and BZX Rules 11.8 and
its requirement to furnished records to the Exchange are duplicative
with current Exchange Rule 4.2.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6(b) of the Act.\19\
Specifically, the proposed change is consistent with Section 6(b)(5) of
the Act,\20\ because 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. As mentioned
above, the proposed rule changes, combined with the planned filing for
the BYX, BZX, and EDGX would allow the BGM Affiliated Exchanges to
provide a consistent set of rules as it relates to the registration and
obligations of Market Makers. Consistent rules, in turn, will simplify
the regulatory requirements for Market Makers on the Exchange that are
also Market Makers on EDGX, BZX, and/or BYX. The proposed rule change
would provide greater harmonization between rules of similar purpose on
the BGM Affiliated Exchanges, resulting in greater uniformity and less
burdensome and more efficient regulatory compliance and understanding
of Exchange Rules. As such, the proposed rule change would foster
cooperation and coordination with persons engaged in facilitating
transactions in securities and would remove impediments to and perfect
the mechanism of a free and open market and a national market system.
Similarly, the Exchange also believes that, by harmonizing the rules
across each BGM Affiliated Exchange, the proposal will enhance the
Exchange's ability to fairly and efficiently regulate its Market Makers
by utilizing a consistent rule set and obligations across each of the
BGM Affiliated Exchanges. Consistent rules would enable the Exchange to
apply identical standards to that of its affiliates, alleviating
confusion by Market Makers on who may also be registered as such on
BYX, BZX, or EDGX, thereby promoting just and equitable principles of
trade in accordance with Section 6(b)(5) of the Act.\21\
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    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
    \21\ Id.
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    The Exchange also believes the proposed amendments to Rule 11.8(d)
are consistent with Section 6(b)(5) of the Act,\22\ because they are
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. The proposed amendments to Rule 11.8(d)(1) are
meant to clarify the scenarios in which a Market Maker's two-sided
quoting obligation may be temporarily suspended or alleviated. The
provisions proposed to be added are each substantially similar to the
rules of the BZX Options, EDGX Options and Nasdaq.\23\ The Exchange
believes it is appropriate to have consistent rules across its equities
and options platforms. Consistent rules would aid in alleviating
confusion amongst those that are Members on both platforms. The
Exchange believes it is reasonable to suspend or alleviate a Market
Maker's quoting obligations in the event of a technical or system
limitation, during a trading halt, suspension or pause, as well as
where demonstrated legal or regulatory requirements prevent the Market
Maker from quoting. In each scenario, the Exchange will review the
reasons behind the Market Maker inability to quote for compliance with
the Rule. The Exchange is not proposing new percentages governing a
Market Maker's quoting obligations; it is seeking to adopt revised
definitions that are substantially similar to those of Nasdaq in order
to provide a consistent rules with regard to Market Makers quoting
obligations.
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    \22\ 15 U.S.C. 78f(b)(5).
    \23\ See supra notes 10 and 13.
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(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. To the contrary, allowing the
Exchange to implement substantively identical rules across each of the
BGM Affiliated Exchanges regarding Market Maker registration and their
obligations does not present any competitive issues, but rather is
designed to provide greater harmonization among Exchange, BYX, BZX, and
EDGX rules of similar purpose. The proposed rule change should,
therefore, result in less burdensome and more efficient regulatory
compliance and understanding of Exchange Rules for common members of
the BGM Affiliated Exchanges and an enhanced ability of the BGM
Affiliated Exchanges to fairly and efficiently regulate Market Makers.

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

    The Exchange has neither solicited nor received written comments on
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:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. 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 \24\ and
Rule 19b-4(f)(6) \25\ thereunder. The Exchange has given the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change,
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    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(6).
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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 will institute proceedings to
determine whether the proposed rule change 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 proposal 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 No. SR-EDGA-2015-49 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 No. SR-EDGA-2015-49. 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 such 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 No. SR-EDGA-2015-49 and should be
submitted on or before February 3, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-00466 Filed 1-12-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 7, 2005 (Volume 70, Number 194)]
[Notices]
[Page 58734-58735]
[DOCID:fr07oc05-104]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Notice of Adjustment of Statewide Per Capita Impact Indicator

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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SUMMARY: FEMA gives notice that the statewide per capita impact
indicator under the Public Assistance program for disasters declared on
or after October 1, 2005 will be increased.

EFFECTIVE DATE: October 1, 2005 and applies to major disasters declared
on or after October 1, 2005.

FOR FURTHER INFORMATION CONTACT: James A. Walke, Recovery Division,
Federal Emergency Management Agency, Washington, DC 20472, (202) 646-
3834.

SUPPLEMENTARY INFORMATION: 44 CFR 206.48 provides that FEMA will adjust
the statewide per capita impact indicator under the Public Assistance
program to reflect changes in the Consumer Price Index for All Urban
Consumers published by the Department of Labor.
    FEMA gives notice that the statewide per capita impact indicator
will be increased to $1.18 for all disasters declared on or after
October 1, 2005.
    FEMA bases the adjustment on an increase in the Consumer Price
Index for All Urban Consumers of 3.6 percent for the 12-month period
ended in August 2005. The Bureau of Labor Statistics of the U.S.
Department of Labor released the information on September 15, 2005.

(Catalog of Federal Domestic Assistance No. 97.036, Public
Assistance Grants)
R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department
of Homeland Security.
[FR Doc. 05-20296 Filed 10-6-05; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Notices]
[Page 28822]
[FR Doc No: 2022-10106]

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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: PR22-37-000.
    Applicants: Duke Energy Kentucky, Inc.
    Description: Submits tariff filing per 284.123(b)(2)+(: Petition
for Rate Approval to be effective 5/2/2022.
    Filed Date: 5/2/22.
    Accession Number: 20220502-5245.
    Comment Date: 5 p.m. ET 5/23/2022.

    Docket Numbers: RP22-907-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Northern to
Direct eff 5-1-2022 to be effective 5/1/2022.
    Filed Date: 5/4/22.
    Accession Number: 20220504-5128.
    Comment Date: 5 p.m. ET 5/16/22.

    Docket Numbers: RP22-908-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--BUG to
Sunsea eff 5-4-22 to be effective 5/4/2022.
    Filed Date: 5/5/22.
    Accession Number: 20220505-5000.
    Comment Date: 5 p.m. ET 5/17/22.

    Docket Numbers: RP22-909-000.
    Applicants: Rager Mountain Storage Company LLC.
    Description: Sec.  4(d) Rate Filing: Price Indice Update to be
effective 6/4/2022.
    Filed Date: 5/5/22.
    Accession Number: 20220505-5040.
    Comment Date: 5 p.m. ET 5/17/22.

    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.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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: May 5, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-10106 Filed 5-10-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 26, 2007 (Volume 72, Number 186)]
[Notices]
[Page 54704-54705]
[DOCID:fr26se07-123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56461; File No. SR-NASDAQ-2007-077]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Fees for Members Using the Nasdaq Market Center

 September 18, 2007.
    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 September 4, 2007, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (the ``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been substantially prepared by the Exchange. The Exchange
filed the proposed rule change pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders it effective
upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    Nasdaq proposes to modify pricing for Nasdaq members using the
Nasdaq Market Center. Nasdaq will implement this proposed rule change
on September 4, 2007. The text of the proposed rule change is available
at the Exchange's Web site, http://www.nasdaq.complinet.com, the

Exchange and 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, Nasdaq 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. Nasdaq 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
    Nasdaq is adding a new fee tier for orders routed to the New York
Stock Exchange (``NYSE'') through the Nasdaq Market Center. The new
tier recognizes that some market participants use Nasdaq as a preferred
means to route orders to NYSE, but less frequently access liquidity on
the Nasdaq book. Nevertheless, Nasdaq believes that offering a modest
price reduction for firms that make significant use of Nasdaq as a
router is appropriate in light of the overall level of fees paid by
such firms. Specifically, the reduced fee would apply to members with
an average daily volume in all securities during the month of more than
60 million shares of liquidity routed to the NYSE without attempting to
execute in the Nasdaq Market Center in any respect. Directed
Intermarket Sweep Orders would not count toward the 60 million share
requirement, nor would orders that access only displayed quotes in
Nasdaq prior to routing. The fee for routing to NYSE in such cases
would be $0.0003 per share executed, which compares favorably to fees
of $0.000325 and $0.00035 for firms that provide up to 35 million
shares of liquidity through Nasdaq (but which are higher than the fee
of $0.000275 for firms providing more liquidity). Firms in the new tier
would continue to pay a fee of $0.00035 for Directed Intermarket Sweep
Orders and orders that access only displayed size in Nasdaq, and 0.3%
of the total transaction cost for routed orders in securities priced at
less than $1 per share.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general, and with Section
6(b)(4) of the Act,\6\ in particular, in that the change provides for
the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which Nasdaq operates or controls. Nasdaq believes that the fee
change reflects an allocation of fees that recognizes the preference of
some market participants to use Nasdaq as their primary means of
routing orders to NYSE for execution.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments on the proposed rule change were neither solicited
nor received.

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

    The foregoing proposed rule change is filed pursuant to Section
19(b)(3)(A)(ii) of the Act \7\ and subparagraph (f)(2) of Rule 19b-4
thereunder \8\ because it establishes or changes a due, fee, or other
charge applicable only to a member imposed by a self-regulatory
organization. Accordingly, the proposal is effective upon Commission
receipt of the filing. At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2007-077 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2007-077. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of Nasdaq. 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-NASDAQ-2007-077 and should
be submitted on or before October 17, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-18955 Filed 9-25-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8664-8665]
[FR Doc No: 2015-03210]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1484]

Hung Yi Lin; Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is issuing an
order under the Federal Food, Drug, and Cosmetic Act (FD&C Act)
debarring Hung Yi Lin for a period of 12 years from importing articles
of food or offering such articles for importation into the United
States. FDA bases this order on a finding that Ms. Lin was convicted,
as defined in the FD&C Act, of three felony counts under Federal law
for conduct relating to the importation into the United States of an
article of food. Ms. Lin was given notice of the proposed debarment and
an opportunity to request a hearing within the timeframe prescribed by
regulation. As of August 29, 2014 (30 days after receipt of the
notice), Ms. Lin had not responded. Ms. Lin's failure to respond
constitutes a waiver of her right to a hearing concerning this action.

DATES: This order is effective February 18, 2015.

ADDRESSES: Submit applications for termination of debarment to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Division Of Enforcement,
Office of Enforcement and Import Operations, Office of Regulatory
Affairs, Food and Drug Administration, 12420 Parklawn Dr. (ELEM4144),
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(C) of the FD&C Act (21 U.S.C. 335a(b)(1)(C))
permits FDA to debar an individual from importing an article of food or
offering such an article for import into the United States if FDA
finds, as required by section 306(b)(3)(A) of the FD&C Act, that the
individual has been convicted of a felony for conduct relating to the
importation into the United States of any food.
    On September 30, 2013, Ms. Lin was convicted, as defined in section
306(l)(1)(B) of the FD&C Act, when the U.S. District Court for the
Northern District of Illinois accepted her plea of guilty and entered
judgment against her for the following offense: Three counts of entry
of goods into the United States by means of false statements, in
violation of 18 U.S.C. 542.
    FDA's finding that debarment is appropriate is based on the felony
convictions referenced herein. The factual basis for these convictions
is as follows: Ms. Lin owned and operated KBB Express Inc., a freight
forwarding company located in South El Monte, CA that provided
nationwide transportation, delivery, and other logistical services for
imported and entered merchandise, including Chinese-origin honey. Ms.
Lin also served as the U.S. agent for at least 12 importers for which
she handled the process of importing, and coordinating with brokers to
enter and bring in, Chinese-origin honey into the United States.
    On or about December 13, 2009, Ms. Lin entered and introduced
Chinese-origin honey into the United States by means of a false and
fraudulent practice, false statement, and fraudulent and false papers,
including Bureau of Customs and Border Protection (CBP) forms that
falsely declared that approximately four container loads of Chinese-
origin honey with a declared value upon entry of approximately $92,822
was Chinese honey syrup. By so doing, Ms. Lin caused losses to the
United States of approximately $205,141 in uncollected anti-dumping
duties and honey assessment fees, when in fact she knew the product was
Chinese honey. This was in violation of 18 U.S.C. 542.
    On or about December 13, 2009, Ms. Lin entered and introduced
Chinese-origin honey into the United States by means of a false and
fraudulent practice, false statement, and fraudulent and false papers,
including CBP forms that falsely declared that approximately three
container loads of Chinese-origin honey with a declared value upon
entry of approximately $69,617 was Chinese honey syrup. By so doing,
Ms. Lin caused losses to the United States of approximately $153,855 in
uncollected anti-dumping duties and honey assessment fees, when in fact
she knew the product was Chinese honey. This was in violation of 18
U.S.C. 542.
    On or about December 13, 2009, Ms. Lin entered and introduced
Chinese-origin honey into the United States by means of a false and
fraudulent practice, false statement, and fraudulent and false papers,
including CPB forms that falsely declared that approximately three
container loads of Chinese-origin honey with a declared value upon
entry of approximately $69,617 was Chinese honey syrup. By so doing,
Ms. Lin caused losses to the United States of approximately $153,855 in
uncollected anti-dumping duties and honey assessment fees, when in fact
she knew the product was Chinese honey. This was in violation of 18
U.S.C. 542.
    Ms. Lin admitted that between 2009 and 2012, she caused up to 764
shipping containers of Chinese-origin honey valued at approximately
$11,489,306 to be fraudulently imported and entered into the United
States, thereby causing losses to the United States of as much as
$39,203,144 through her fraudulent practices.
    As a result of her conviction, on July 25, 2014, FDA sent Ms. Lin a
notice by certified mail proposing to debar her for

a period of 12 years from importing articles of food or offering such
articles for import into the United States. The proposal was based on a
finding under section 306(b)(1)(C) of the FD&C Act that Ms. Lin's
felony convictions for entry of goods by means of false statements in
violation of 18 U.S.C. 542 constitute conduct relating to the
importation into the United States of an article of food because she
committed an offense related to the importation of Chinese honey into
the United States.
    The proposal was also based on a determination, after consideration
of the factors set forth in section 306(c)(3) of the FD&C Act, that Ms.
Lin should be subject to a 12-year period of debarment. The proposal
also offered Ms. Lin an opportunity to request a hearing, providing her
30 days from the date of receipt of the letter in which to file the
request, and advised her that failure to request a hearing constituted
a waiver of the opportunity for a hearing and of any contentions
concerning this action. Ms. Lin failed to respond within the timeframe
prescribed by regulation and has, therefore, waived her opportunity for
a hearing and waived any contentions concerning her debarment (21 CFR
part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement and Import
Operations, Office of Regulatory Affairs, under section 306(b)(1)(C) of
the FD&C Act, under authority delegated to the Director (Staff Manual
Guide 1410.35), finds that Hung Yi Lin has been convicted of three
felony counts under Federal law for conduct relating to the importation
into the United States of an article of food and that she is subject to
a 12-year period of debarment.
    As a result of the foregoing finding, Hung Yi Lin is debarred for a
period of 12 years from importing articles of food or offering such
articles for import into the United States, effective (see DATES).
Under section 301(cc) of the FD&C Act (21 U.S.C. 331(cc)), the
importing or offering for import into the United States of an article
of food by, with the assistance of, or at the direction of Hung Yi Lin
is a prohibited act.
    Any application by Ms. Lin for termination of debarment under
section 306(d)(1) of the FD&C Act should be identified with Docket No.
FDA-2013-N-1484 and sent to the Division of Dockets Management (see
ADDRESSES). All such submissions are to be filed in four copies. The
public availability of information in these submissions is governed by
21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: February 11, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-03210 Filed 2-17-15; 8:45 am]
BILLING CODE 4164-01-P


\174\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78o-4, 78w, and 78ll.
    \175\ 15 U.S.C. 77sss.
    \176\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
---------------------------------------------------------------------------

List of Subjects

17 CFR Part 232

    Administrative practice and procedure, Confidential business
information, Electronic filing, Incorporation by reference, Reporting
and recordkeeping requirements, Securities.

17 CFR Part 239

    Administrative practice and procedure, Confidential business
information, Incorporation by reference, Reporting and recordkeeping
requirements, Securities.

17 CFR Part 249

    Administrative practice and procedure, Brokers, Fraud, Reporting
and recordkeeping requirements, Securities.

17 CFR Part 269

    Reporting and recordkeeping requirements, Securities, Trusts and
trustees.

17 CFR Part 274

    Administrative practice and procedure, Electronic funds transfers,
Investment companies, Reporting and recordkeeping requirements,
Securities.

    For the reasons discussed above, we propose to amend 17 CFR chapter
II as follows:

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
1. The general authority citation for part 232 continues to read as
follows:

    Authority:  15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, 80b-4, 80b-10, 80b-11, 7201 et seq.;
and 18 U.S.C. 1350, unless otherwise noted.
* * * * *
0
2. Amend Sec.  232.10 by:
0
a. Revising paragraph (b);
0
b. Adding paragraph (d); and
0
c. Revising Note to Sec.  232.10.
    The revisions and additions read as follows:

Sec.  232.10  Application of part 232.

* * * * *
    (b) Each electronic filer must, before filing on EDGAR:
    (1) File electronically the information required by Form ID
(Sec. Sec.  239.63, 249.446, 269.7 and 274.402 of this chapter), the
application for EDGAR access, which must be completed by an individual
authorized by the electronic filer as its account administrator,
pursuant to paragraph (d)(2) of this section, and
    (2) File, by uploading as a Portable Document Format (PDF)
attachment to the Form ID filing, a notarized document, signed by the
electronic filer or its authorized individual, that includes the
information required to be included in the Form ID filing and confirms
the authenticity of the Form ID filing.
* * * * *
    (d) To file on EDGAR, each electronic filer must comply with the
EDGAR account access and account management requirements set forth in
this section and in the EDGAR Filer Manual.
    (1) The electronic filer may only authorize individuals to act on
its behalf on the dashboard if those individuals have obtained
individual account credentials for EDGAR in the manner specified in the
EDGAR Filer Manual;
    (2) Each electronic filer must authorize and maintain at least two
(2) individuals as account administrators to act on the electronic
filer's behalf to manage its EDGAR account, except an electronic filer
who is an individual or single-member company must authorize and
maintain at least one (1) individual as an account administrator to
manage its EDGAR account;
    (3) If the electronic filer chooses to use an EDGAR Application
Programming Interface, the electronic filer, through its authorized
account administrator(s), must authorize at least two technical
administrators to act on the electronic filer's behalf to manage
technical matters related to the electronic filer's use of any EDGAR
Application Programming Interfaces;
    (4) The electronic filer, through its authorized account
administrator(s), must confirm annually on EDGAR that all account
administrator(s), users, technical administrators, and/or delegated
entities reflected on the dashboard for its EDGAR account are
authorized by the electronic filer to act on its behalf, and that all
information about the filer on the dashboard is accurate;
    (5) The electronic filer, through its authorized account
administrator(s), must maintain accurate and current information on
EDGAR concerning the electronic filer's account, including but not
limited to accurate corporate information and contact information; and
    (6) The electronic filer, through its authorized account
administrator(s), must securely maintain information relevant to the
ability to access the electronic filer's EDGAR account, including but
not limited to access through any EDGAR Application Programming
Interfaces.

    Note to Sec.  232.10:  The Commission staff carefully reviews
each Form ID, and electronic filers should not assume that the
Commission staff will automatically approve the Form ID upon its
submission. Therefore, any applicant seeking EDGAR access is
encouraged to submit the Form ID for review well in advance of the
first required filing to allow sufficient time for staff to review
the application.

0
3. Amend Sec.  232.11 by:
0
a. Adding definitions for ``Account administrator'', ``Application
Programming Interface'', ``Authorized individual'', ``Dashboard'',
``Delegated entity'' in alphabetical order;
0
b. Revising the definitions for ``Direct transmission'' and ``EDGAR
Filer Manual''; and
0
c. Adding the definitions for ``Filing agent'', ``Individual account
credentials'', Single-member company'', ``Technical administrator'',
and ``User'' in alphabetical order.
    The additions and revisions read as follows:

Sec.  232.11   Definitions of terms used in this part.

* * * * *
    Account administrator. The term account administrator means an
individual that the electronic filer authorizes to manage its EDGAR
account and to make filings on EDGAR on the electronic filer's behalf.
* * * * *
    Application Programming Interface. The term Application Programming
Interface, or API, means a software interface that allows computers or
applications to communicate with each other.
* * * * *
    Authorized individual. The term authorized individual means an
individual with the authority to legally bind the entity or individual
applying for access to EDGAR on Form ID, or an individual with a power
of attorney from an individual with the authority to legally bind the
applicant. The power of attorney document must clearly state that the
individual receiving the power of attorney has general legal authority
to bind the applicant or specific legal authority to bind the applicant
for purposes of applying for access to EDGAR on Form ID.
* * * * *
    Dashboard. The term dashboard means an interactive function on
EDGAR where electronic filers manage their EDGAR accounts and
individuals that electronic filers authorize may take relevant actions
for electronic filers' accounts.
    Delegated entity. The term delegated entity means an electronic
filer that another electronic filer authorizes, on the dashboard, to
file on EDGAR on its behalf. Delegated entities must themselves be
electronic filers and must follow all rules applicable to electronic
filers. Delegated entities are not permitted to further delegate
authority to file for a delegating electronic filer, nor are they
permitted to take action on the delegating electronic filer's
dashboard.
* * * * *
    Direct transmission. The term direct transmission means the
transmission to EDGAR of one or more electronic submissions.
* * * * *
    EDGAR Filer Manual. The term EDGAR Filer Manual means the manual
that sets forth the requirements for access to EDGAR and the procedural
requirements to make electronic submissions on EDGAR. Note: See Rule
301 of Regulation S-T (Sec.  232.301).
* * * * *
    Filing agent. The term filing agent means any person or entity
engaged in the business of making submissions on EDGAR on behalf of
electronic filers. To act as a delegated entity for an electronic
filer, a filing agent must be an electronic filer with an EDGAR
account.
* * * * *

    Individual account credentials. The term individual account
credentials means credentials issued to individuals for purposes of
EDGAR access, as specified in the EDGAR Filer Manual, and used by those
individuals to access EDGAR.
* * * * *
    Single-member company. The term single-member company means a
company that has a single individual who acts as the sole equity
holder, director, and officer (or, in the case of an entity without
directors and officers, holds position(s) performing similar activities
as a director and officer).
* * * * *
    Technical administrator. The term technical administrator means an
individual that the electronic filer authorizes on the dashboard to
manage the technical aspects of the electronic filer's use of EDGAR
Application Programming Interfaces on the electronic filer's behalf.
* * * * *
    User. The term user means an individual that the electronic filer
authorizes on the dashboard to make submissions on EDGAR on the
electronic filer's behalf.

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

0
4. The authority citation for part 239 continues to read, in part, as
follows:

    Authority:  15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-
3, 77sss, 78c, 78l, 78m, 78n, 78o(d), 78o-7 note, 78u-5, 78w(a),
78ll, 78mm, 80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24,
80a-26, 80a-29, 80a-30, 80a-37, and sec. 71003 and sec. 84001, Pub.
L. 114-94, 129 Stat. 1321, unless otherwise noted.
* * * * *
    Sections 239.63 and 239.64 are also issued under 15 U.S.C. 77f,
77g, 77h, 77j, 77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d),
78w(a), 80a-8, 80a-24, 80a-29, and 80a-37.

0
5. Revise Sec.  239.63 to read as follows:

Sec.  239.63   Form ID, application for EDGAR access.

    Form ID must be filed by electronic filers, or by their account
administrators, to request EDGAR access and to authorize account
administrators to manage the electronic filer's EDGAR account.
0
6. Form ID (referenced in Sec. Sec.  239.63, 249.446, 269.7, and
274.402) is revised:

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

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
7. 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
8. Revise Sec.  249.446 to read as follows:

Sec.  249.446   Form ID, application for EDGAR access.

    Form ID must be filed by electronic filers, or by their account
administrators, to request EDGAR access and to authorize account
administrators to manage the electronic filer's EDGAR account.

PART 269--FORMS PRESCRIBED UNDER THE TRUST INDENTURE ACT OF 1939

0
9. The authority citation for part 269 continues to read as follows:

    Authority:  15 U.S.C. 77ddd(c), 77eee, 77ggg, 77hhh, 77iii,
77jjj, 77sss, and 78ll(d), unless otherwise noted.

0
10. Revise Sec.  269.7 to read as follows:

Sec.  269.7   Form ID, application for EDGAR access.

    Form ID must be filed by electronic filers, or by their account
administrators, to request EDGAR access and to authorize account
administrators to manage the electronic filer's EDGAR account.

PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940

0
11. The authority citation for part 274 continues to read as follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m,
78n, 78o(d), 80a-8, 80a-24, 80a-26, 80a-29, and 80a-37, unless
otherwise noted.
* * * * *
0
12. Revise Sec.  274.402 to read as follows:

Sec.  274.402  Form ID, application for EDGAR access.

    Form ID must be filed by electronic filers, or by their account
administrators, to request EDGAR access and to authorize account
administrators to manage the electronic filer's EDGAR account.

    By the Commission.

    Dated: September 13, 2023.
J. Matthew DeLesDernier,
Deputy Secretary.

    Note:  Appendix A will not appear in the Code of Federal
Regulations.

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[FR Doc. 2023-20268 Filed 9-21-23; 8:45 am]
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