80 FR 63859 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt Rule 2.4, Mandatory Participation in Testing of Backup Systems

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 203 (October 21, 2015)

Page Range		63859-63862
FR Document		2015-26680
Federal Register, Volume 80 Issue 203 (Wednesday, October 21, 2015)
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63859-63862]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26680]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76165; File No. SR-EDGA-2015-40]


Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt 
Rule 2.4, Mandatory Participation in Testing of Backup Systems

October 15, 2015.
    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 October 2, 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 adopt business continuity and 
disaster recovery plans (``BC/DR plans'') testing requirements for 
certain Exchange Members \5\ in connection with Regulation Systems 
Compliance and Integrity (``Regulation SCI''), as further described 
below.\6\
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    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer that has been admitted to membership in the Exchange.'' See 
Exchange Rule 1.5(n).
    \6\ See Securities Exchange Act Release No. 73639 (November 19, 
2014), 79 FR 72252 (December 5, 2014) (``SCI Adopting Release'').
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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

[[Page 63860]]

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
    As adopted by the Commission, Regulation SCI applies to certain 
self-regulatory organizations (including the Exchange), alternative 
trading systems (``ATSs''), plan processors, and exempt clearing 
agencies (collectively, ``SCI entities''), and will require these SCI 
entities to comply with requirements with respect to the automated 
systems central to the performance of their regulated activities. Among 
the requirements of Regulation SCI is Rule 1001(a)(2)(v), which 
requires the Exchange and other SCI entities to maintain ``[b]usiness 
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.'' \7\ The Exchange takes pride in 
the reliability and availability of its systems. Historically, Exchange 
systems have been up and available more than 99.9% of the time; yet as 
a precaution, the Exchange has put extensive time and resources toward 
planning for system failures and already maintains robust BC/DR plans 
consistent with the Rule. As set forth below, in connection with 
Regulation SCI, the Exchange is proposing to require certain Members to 
participate in testing of the operation of the Exchange's BC/DR plans.
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    \7\ 17 CFR 242.1001(a)(2)(v).
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    With respect to an SCI entity's BC/DR plans, including its backup 
systems, paragraph (a) of Rule 1004 of Regulation SCI requires each SCI 
entity to: ``[e]stablish standards for the designation of those members 
or participants that the SCI entity reasonably determines are, taken as 
a whole, the minimum necessary for the maintenance of fair and orderly 
markets in the event of the activation of such plans.'' \8\ Paragraph 
(b) of Rule 1004 further requires each SCI entity to ``[d]esignate 
members or participants pursuant to the standards established in 
paragraph (a) of [Rule 1004] and require participation by such 
designated members or participants in scheduled functional and 
performance testing of the operation of such plans, in the manner and 
frequency specified by the SCI entity, provided that such frequency 
shall not be less than once every 12 months.'' \9\ In order to comply 
with Rule 1004 of Regulation SCI, the Exchange proposes to adopt Rule 
2.4, governing mandatory participation in testing of Exchange backup 
systems, as described below. The Exchange proposes to delete current 
Rule 2.4 in its entirety because such rule was applicable to a waive-in 
process offered by the Exchange when it commenced operations and is now 
obsolete.
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    \8\ 17 CFR 242.1004(a).
    \9\ 17 CFR 242.1004(b).
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    First, in paragraph (a) of Rule 2.4, the Exchange proposes to 
include language from paragraph (a) of Rule 1004 of Regulation SCI to 
summarize the Exchange's obligation pursuant to such rule. 
Specifically, the Exchange proposes to state that ``[p]ursuant to 
Regulation SCI and with respect to the Exchange's business continuity 
and disaster recovery plans, including its backup systems, the Exchange 
is required to establish standards for the designation of Members that 
the Exchange reasonably determines are, taken as a whole, the minimum 
necessary for the maintenance of fair and orderly markets in the event 
of the activation of such plans.'' The Exchange further proposes that 
paragraph (a) indicate that the ``Exchange has established standards 
and will designate Members according to those standards'' as set forth 
in the proposed Rule. In addition, the Exchange proposes to make clear 
that all Members are permitted to connect to the Exchange's backup 
systems as well as to participate in testing of such systems. Proposed 
paragraph (a) is consistent with the Commission's adoption of 
Regulation SCI, which encouraged ``SCI entities to permit non-
designated members or participants to participate in the testing of the 
SCI entity's BC/DR plans if they request to do so.'' \10\
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    \10\ See SCI Adopting Release, supra note 6 at 72350.
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    Second, in paragraph (b) of Rule 2.4, the Exchange proposes to 
specify the criteria that will result in a Member receiving a 
designation requiring it to connect to the Exchange's backup systems 
and to participate in functional and performance testing as announced 
by the Exchange, which shall occur at least once every 12 months. 
Specifically, proposed paragraph (b) would require all Members that 
account for a meaningful percentage of the Exchange's volume to connect 
to the Exchange's backup systems and to participate in functional and 
performance testing.
    The Exchange notes that it encourages all Members to connect to the 
Exchange's backup systems and to participate in testing of such 
systems. In fact, the Exchange provides logical ports free of charge to 
all Members that connect to Exchange backup systems in order to help 
reduce the economic burden of maintaining connectivity to Exchange 
backup systems. However, in adopting the requirements of Rule 2.4(b), 
including both the requirement to maintain connectivity to Exchange 
backup systems and to participate in mandatory testing of such systems, 
the Exchange intends to subject to the Rule only those Members that the 
Exchange believes are necessary to maintain fair and orderly markets at 
the Exchange. The Exchange believes that designating Members to 
participate in mandatory testing because they account for a meaningful 
percentage of the Exchange's overall volume is a reasonable means to 
ensure the maintenance of a fair and orderly market on the Exchange.
    In addition to paragraphs (a) and (b) described above, the Exchange 
also proposes to adopt Interpretation and Policy .01, which would 
provide additional detail regarding the notice that will be provided to 
Members that have been designated pursuant to subparagraph (b) of the 
Rule as well as the Exchange's method for measuring the volume 
threshold. As proposed, Interpretation and Policy .01 would state that 
for purposes of identifying Members that account for a meaningful 
percentage of the Exchange's overall volume, the Exchange will measure 
volume executed on the Exchange on a quarterly basis. The percentage of 
volume that the Exchange considers to be meaningful for purposes of 
this Interpretation and Policy .01 will be determined by the Exchange 
and will be

[[Page 63861]]

published in a circular distributed to Members. The Exchange will 
publish the first circular consistent with this proposal prior to the 
Regulation SCI compliance date of November 3, 2015. The proposed 
Interpretation and Policy would also require the Exchange to notify 
individual Members quarterly that are subject to proposed paragraph (b) 
based on the prior calendar quarter's volume. Finally, as proposed, if 
a Member has not previously been subject to the requirements of 
proposed paragraph (b), then such Member would have until the next 
calendar quarter before such requirements are applicable. The Exchange 
believes the proposed notice requirements are necessary to provide 
Members with proper advance notice in the event they become subject to 
proposed Rule 2.4(b). The proposed timeframes would also provide 
Members with adequate time to become compliant with such Rule due to 
the necessary infrastructure changes it may take to connect to the 
Exchange's backup systems for a Member that is not already connected.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \11\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \12\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest. The proposal will ensure that the Members necessary to ensure 
the maintenance of a fair an orderly market are properly designated 
consistent with Rule 1004 of Regulation SCI. Specifically, the proposal 
will adopt criteria with respect to the designation of Members that are 
required to participate in the testing of the Exchange's BC/DR plans, 
as well as appropriate notification regarding such designation. As set 
forth in the SCI Adopting Release, ``SROs have the authority, and legal 
responsibility, under Section 6 of the Exchange Act, to adopt and 
enforce rules (including rules to comply with Regulation SCI's 
requirements relating to BC/DR testing) applicable to their members or 
participants that are designed to, among other things, foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, 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.'' \13\ The Exchange believes that this proposal is consistent 
with such authority and legal responsibility.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ See SCI Adopting Release, supra note 6 at 72350.
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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, the proposal 
is not a competitive proposal but rather is necessary for the 
Exchange's compliance with Regulation SCI.

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

    The Exchange has designated this rule filing as non-controversial 
under Section 19(b)(3)(A) of the Act \14\ and paragraph (f)(6) of Rule 
19b-4 thereunder.\15\ The proposed rule change effects a change that 
(A) does not significantly affect the protection of investors or the 
public interest; (B) does not impose any significant burden on 
competition; and (C) by its terms, does not become operative for 30 
days after the date of the filing, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest; provided that the self-regulatory organization 
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, or such shorter time as designated 
by the Commission.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily temporarily suspend such rule 
change if it appears to the Commission that such action is: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in furtherance of the purposes of the 
Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the 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 protected]. Please include 
File No. SR-EDGA-2015-40 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-2015-40. 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-2015-40 and 
should be submitted on or before November 12, 2015.


[[Page 63862]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26680 Filed 10-20-15; 8:45 am]
BILLING CODE 8011-01-P
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 63859

mechanism of a free and open market If the Commission takes such action, the For the Commission, by the Division of
and a national market system, and, in Commission shall institute proceedings Trading and Markets, pursuant to delegated
general, to protect investors and the to determine whether the proposed rule authority.16
public interest.’’ 13 The Exchange should be approved or disapproved. Robert W. Errett,
believes that this proposal is consistent Deputy Secretary.
with such authority and legal IV. Solicitation of Comments [FR Doc. 2015–26679 Filed 10–20–15; 8:45 am]
responsibility. Interested persons are invited to BILLING CODE 8011–01–P

B. Self-Regulatory Organization’s submit written data, views and
Statement on Burden on Competition arguments concerning the foregoing,
SECURITIES AND EXCHANGE
including whether the proposal is COMMISSION
The Exchange does not believe that
consistent with the Act. Comments may
the proposed rule change will impose [Release No. 34–76165; File No. SR–EDGA–
be submitted by any of the following
any burden on competition not 2015–40]
methods:
necessary or appropriate in furtherance
of the purposes of the Act. To the Electronic Comments Self-Regulatory Organizations; EDGA
contrary, the proposal is not a Exchange, Inc.; Notice of Filing and
competitive proposal but rather is • Use the Commission’s Internet Immediate Effectiveness of a Proposed
necessary for the Exchange’s comment form (http://www.sec.gov/ Rule Change To Adopt Rule 2.4,
compliance with Regulation SCI. rules/sro.shtml); or Mandatory Participation in Testing of
C. Self-Regulatory Organization’s • Send an email to rule-comments@ Backup Systems
Statement on Comments on the sec.gov. Please include File No. SR– October 15, 2015.
Proposed Rule Change Received From EDGX–2015–45 on the subject line. Pursuant to Section 19(b)(1) of the
Members, Participants or Others Paper Comments Securities Exchange Act of 1934 (the
The Exchange has neither solicited ‘‘Act’’),1 and Rule 19b–4 thereunder,2
• Send paper comments in triplicate notice is hereby given that on October
nor received written comments on the
proposed rule change. to Secretary, Securities and Exchange 2, 2015, EDGA Exchange, Inc. (the
Commission, 100 F Street NE., ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
III. Date of Effectiveness of the Washington, DC 20549–1090. Securities and Exchange Commission
Proposed Rule Change and Timing for (‘‘Commission’’) the proposed rule
Commission Action All submissions should refer to File No.
change as described in Items I and II
SR–EDGX–2015–45. This file number
The Exchange has designated this rule below, which Items have been prepared
should be included on the subject line by the Exchange. The Exchange has
filing as non-controversial under if email is used. To help the
Section 19(b)(3)(A) of the Act 14 and designated this proposal as a ‘‘non-
Commission process and review your controversial’’ proposed rule change
paragraph (f)(6) of Rule 19b–4 comments more efficiently, please use
thereunder.15 The proposed rule change pursuant to Section 19(b)(3)(A) of the
only one method. The Commission will Act 3 and Rule 19b–4(f)(6)(iii)
effects a change that (A) does not post all comments on the Commission’s
significantly affect the protection of thereunder,4 which renders it effective
Internet Web site (http://www.sec.gov/ upon filing with the Commission. The
investors or the public interest; (B) does rules/sro.shtml). Copies of the
not impose any significant burden on Commission is publishing this notice to
submission, all subsequent solicit comments on the proposed rule
competition; and (C) by its terms, does amendments, all written statements
not become operative for 30 days after change from interested persons.
with respect to the proposed rule
the date of the filing, or such shorter change that are filed with the I. Self-Regulatory Organization’s
time as the Commission may designate Commission, and all written Statement of the Terms of Substance of
if consistent with the protection of communications relating to the the Proposed Rule Change
investors and the public interest; proposed rule change between the The Exchange filed a proposal to
provided that the self-regulatory Commission and any person, other than adopt business continuity and disaster
organization has given the Commission those that may be withheld from the recovery plans (‘‘BC/DR plans’’) testing
written notice of its intent to file the public in accordance with the requirements for certain Exchange
proposed rule change, along with a brief provisions of 5 U.S.C. 552, will be Members 5 in connection with
description and text of the proposed available for Web site viewing and Regulation Systems Compliance and
rule change, at least five business days printing in the Commission’s Public Integrity (‘‘Regulation SCI’’), as further
prior to the date of filing of the Reference Room, 100 F Street NE., described below.6
proposed rule change, or such shorter Washington, DC 20549, on official The text of the proposed rule change
time as designated by the Commission. business days between the hours of is available at the Exchange’s Web site
At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of such at www.batstrading.com, at the
filing of the proposed rule change, the filing will also be available for principal office of the Exchange, and at
Commission may summarily inspection and copying at the principal
temporarily suspend such rule change if office of the Exchange. All comments 16 17 CFR 200.30–3(a)(12).
it appears to the Commission that such received will be posted without change;
1 15 U.S.C. 78s(b)(1).
action is: (1) Necessary or appropriate in the Commission does not edit personal
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
the public interest; (2) for the protection identifying information from
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4 17 CFR 240.19b–4(f)(6)(iii).
of investors; or (3) otherwise in submissions. You should submit only 5 The term ‘‘Member’’ is defined as ‘‘any
furtherance of the purposes of the Act. information that you wish to make registered broker or dealer that has been admitted
13 See SCI Adopting Release, supra note 6 at
available publicly. All submissions to membership in the Exchange.’’ See Exchange
should refer to File No. SR–EDGX– Rule 1.5(n).
72350. 6 See Securities Exchange Act Release No. 73639
14 15 U.S.C. 78s(b)(3)(A). 2015–45 and should be submitted on or (November 19, 2014), 79 FR 72252 (December 5,
15 17 CFR 240.19b–4. before November 12, 2015. 2014) (‘‘SCI Adopting Release’’).

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the Commission’s Public Reference ‘‘[e]stablish standards for the of the SCI entity’s BC/DR plans if they
Room. designation of those members or request to do so.’’ 10
participants that the SCI entity Second, in paragraph (b) of Rule 2.4,
II. Self-Regulatory Organization’s the Exchange proposes to specify the
Statement of the Purpose of, and reasonably determines are, taken as a
whole, the minimum necessary for the criteria that will result in a Member
Statutory Basis for, the Proposed Rule receiving a designation requiring it to
Change maintenance of fair and orderly markets
in the event of the activation of such connect to the Exchange’s backup
In its filing with the Commission, the plans.’’ 8 Paragraph (b) of Rule 1004 systems and to participate in functional
Exchange included statements further requires each SCI entity to and performance testing as announced
concerning the purpose of and basis for by the Exchange, which shall occur at
‘‘[d]esignate members or participants
the proposed rule change and discussed least once every 12 months.
pursuant to the standards established in
any comments it received on the Specifically, proposed paragraph (b)
paragraph (a) of [Rule 1004] and require would require all Members that account
proposed rule change. The text of these
participation by such designated for a meaningful percentage of the
statements may be examined at the
members or participants in scheduled Exchange’s volume to connect to the
places specified in Item IV below. The
Exchange has prepared summaries, set functional and performance testing of Exchange’s backup systems and to
forth in Sections A, B, and C below, of the operation of such plans, in the participate in functional and
the most significant parts of such manner and frequency specified by the performance testing.
statements. SCI entity, provided that such frequency The Exchange notes that it encourages
shall not be less than once every 12 all Members to connect to the
A. Self-Regulatory Organization’s months.’’ 9 In order to comply with Rule Exchange’s backup systems and to
Statement of the Purpose of, and 1004 of Regulation SCI, the Exchange participate in testing of such systems. In
Statutory Basis for, the Proposed Rule proposes to adopt Rule 2.4, governing fact, the Exchange provides logical ports
Change mandatory participation in testing of free of charge to all Members that
1. Purpose Exchange backup systems, as described connect to Exchange backup systems in
below. The Exchange proposes to delete order to help reduce the economic
As adopted by the Commission, burden of maintaining connectivity to
current Rule 2.4 in its entirety because
Regulation SCI applies to certain self- Exchange backup systems. However, in
such rule was applicable to a waive-in
regulatory organizations (including the adopting the requirements of Rule
Exchange), alternative trading systems process offered by the Exchange when it
commenced operations and is now 2.4(b), including both the requirement
(‘‘ATSs’’), plan processors, and exempt to maintain connectivity to Exchange
clearing agencies (collectively, ‘‘SCI obsolete.
backup systems and to participate in
entities’’), and will require these SCI First, in paragraph (a) of Rule 2.4, the mandatory testing of such systems, the
entities to comply with requirements Exchange proposes to include language Exchange intends to subject to the Rule
with respect to the automated systems from paragraph (a) of Rule 1004 of only those Members that the Exchange
central to the performance of their Regulation SCI to summarize the believes are necessary to maintain fair
regulated activities. Among the Exchange’s obligation pursuant to such and orderly markets at the Exchange.
requirements of Regulation SCI is Rule rule. Specifically, the Exchange The Exchange believes that designating
1001(a)(2)(v), which requires the proposes to state that ‘‘[p]ursuant to Members to participate in mandatory
Exchange and other SCI entities to Regulation SCI and with respect to the testing because they account for a
maintain ‘‘[b]usiness continuity and Exchange’s business continuity and meaningful percentage of the
disaster recovery plans that include disaster recovery plans, including its Exchange’s overall volume is a
maintaining backup and recovery backup systems, the Exchange is reasonable means to ensure the
capabilities sufficiently resilient and required to establish standards for the maintenance of a fair and orderly
geographically diverse and that are designation of Members that the market on the Exchange.
reasonably designed to achieve next Exchange reasonably determines are, In addition to paragraphs (a) and (b)
business day resumption of trading and taken as a whole, the minimum described above, the Exchange also
two-hour resumption of critical SCI necessary for the maintenance of fair proposes to adopt Interpretation and
systems following a wide-scale and orderly markets in the event of the Policy .01, which would provide
disruption.’’ 7 The Exchange takes pride activation of such plans.’’ The Exchange additional detail regarding the notice
in the reliability and availability of its that will be provided to Members that
further proposes that paragraph (a)
systems. Historically, Exchange systems have been designated pursuant to
indicate that the ‘‘Exchange has
have been up and available more than subparagraph (b) of the Rule as well as
established standards and will designate
99.9% of the time; yet as a precaution, the Exchange’s method for measuring
the Exchange has put extensive time Members according to those standards’’
as set forth in the proposed Rule. In the volume threshold. As proposed,
and resources toward planning for Interpretation and Policy .01 would
system failures and already maintains addition, the Exchange proposes to
state that for purposes of identifying
robust BC/DR plans consistent with the make clear that all Members are
Members that account for a meaningful
Rule. As set forth below, in connection permitted to connect to the Exchange’s
percentage of the Exchange’s overall
with Regulation SCI, the Exchange is backup systems as well as to participate volume, the Exchange will measure
proposing to require certain Members to in testing of such systems. Proposed volume executed on the Exchange on a
participate in testing of the operation of paragraph (a) is consistent with the quarterly basis. The percentage of
tkelley on DSK3SPTVN1PROD with NOTICES

the Exchange’s BC/DR plans. Commission’s adoption of Regulation volume that the Exchange considers to
With respect to an SCI entity’s BC/DR SCI, which encouraged ‘‘SCI entities to be meaningful for purposes of this
plans, including its backup systems, permit non-designated members or Interpretation and Policy .01 will be
paragraph (a) of Rule 1004 of Regulation participants to participate in the testing determined by the Exchange and will be
SCI requires each SCI entity to:
8 17 CFR 242.1004(a). 10 See SCI Adopting Release, supra note 6 at
7 17 CFR 242.1001(a)(2)(v). 9 17 CFR 242.1004(b). 72350.

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63862 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices

For the Commission, by the Division of Summary of Information Collection Form 994H, Default Report, Claim for
Trading and Markets, pursuant to delegated Reimbursement & Records of
authority.16 Title: Servicing Agent Agreement.
Description of Respondents: SBA Administrative Action.
Robert W. Errett,
Borrowers. Solicitation of Public Comments
Deputy Secretary.
Form Number: SBA Form 1506.
[FR Doc. 2015–26680 Filed 10–20–15; 8:45 am]
Total Estimated Annual Responses: SBA is requesting comments on (a)
BILLING CODE 8011–01–P
8,429. Whether the collection of information is
Total Estimated Annual Hour Burden: necessary for the agency to properly
8,429. perform its functions; (b) whether the
SMALL BUSINESS ADMINISTRATION burden estimates are accurate; (c)
Curtis B. Rich, whether there are ways to minimize the
Data Collection Available for Public Management Analyst. burden, including through the use of
Comments [FR Doc. 2015–26662 Filed 10–20–15; 8:45 am] automated techniques or other forms of
BILLING CODE 8025–01–P information technology; and (d) whether
60-day notice and request for
ACTION: there are ways to enhance the quality,
comments. utility, and clarity of the information.
SUMMARY: The Small Business SMALL BUSINESS ADMINISTRATION
Summary of Information Collection
Administration (SBA) intends to request
approval, from the Office of Data Collection Available for Public Title: Surety Bond Guarantees
Management and Budget (OMB) for the Comments Assistance.
collection of information described Description of Respondents: Surety
60-Day notice and request for
ACTION: Companies.
below. The Paperwork Reduction Act comments.
(PRA) of 1995, 44 U.S.C. chapter 35 Form Number: SBA Forms 990, 991,
requires federal agencies to publish a SUMMARY: The Small Business 994, 994B, 994F, 994H.
notice in the Federal Register Administration (SBA) intends to request Total Estimated Annual Responses:
concerning each proposed collection of approval, from the Office of 650.
information before submission to OMB, Management and Budget (OMB) for the Total Estimated Annual Hour Burden:
and to allow 60 days for public collection of information described 1,658.
comment in response to the notice. This below. The Paperwork Reduction Act Curtis B. Rich,
notice complies with that requirement. (PRA) of 1995, 44 U.S.C Chapter 35 Management Analyst .
DATES: Submit comments on or before requires federal agencies to publish a [FR Doc. 2015–26663 Filed 10–20–15; 8:45 am]
December 21, 2015. notice in the Federal Register BILLING CODE 8025–01–P
ADDRESSES: Send all comments to Mary concerning each proposed collection of
Frias, Loan Specialist, Office of information before submission to OMB,
Financial Assistance, Small Business and to allow 60 days for public
Administration, 409 3rd Street SW., comment in response to the notice. This DEPARTMENT OF STATE
Washington, DC 20416. notice complies with that requirement.
[Public Notice: 9322]
FOR FURTHER INFORMATION CONTACT: DATES: Submit comments on or before
Mary Frias, Loan Specialist, Office of December 21, 2015. California-Arizona Meeting of the
Financial Assistance, mary.frias@ ADDRESSES: Send all comments to Binational Bridges and Border
sba.gov 202–401–8234, or Curtis B. Barbara Brannan, Management Analyst, Crossings Group in Washington, DC
Rich, Management Analyst, 202–205– Office of Surety Guarantee, Small
7030, curtis.rich@sba.gov. Business Administration, 409 3rd Street AGENCY: Department of State.
SUPPLEMENTARY INFORMATION: The SW., Washington, DC 20416. ACTION: Notice.
servicing agent agreement is executed FOR FURTHER INFORMATION CONTACT:
by the borrower, and the certified SUMMARY: Delegates from the United
Barbara Brannan, Management Analyst, States and Mexican Governments, the
development company as the loan Office of Surety Guarantee,
servicing agent. The agreement is states of Arizona and California, and the
Barbara.brannan@sba.gov 202–205– Mexican states of Baja California and
primarily used by the certified 6545, or Curtis B. Rich, Management
development company as the loan Sonora, will participate in the
Analyst, 202–205–7030, curtis.rich@ California-Arizona Meeting of the U.S.-
servicing agent and acknowledges the sba.gov.
imposition of various fees allowed in Mexico Binational Bridges and Border
SBA’s 504 loan program. SUPPLEMENTARY INFORMATION: The Small Crossings Group on Wednesday,
Business Administration’s (SBA) Surety October 28, 2015 in Ensenada, Baja
Solicitation of Public Comments Bond Guarantees (SBG) Program was California, Mexico. The purpose of this
SBA is requesting comments on (a) created to encourage surety companies meeting is to discuss operational
Whether the collection of information is to issue bonds for small contractors. The matters involving existing and proposed
necessary for the agency to properly information collected on these forms is international bridges and border
perform its functions; (b) whether the used to evaluate the eligibility of crossings and their related
burden estimates are accurate; (c) applicants for the program. Changes are infrastructure, and to exchange views on
whether there are ways to minimize the being made to SBA Form 990, Surety policy as well as technical information.
tkelley on DSK3SPTVN1PROD with NOTICES

burden, including through the use of Bond Guarantee Agreement, SBA Form This meeting includes a public session
automated techniques or other forms of 991, Surety Bond Guarantee Agreement on Wednesday, October 28, 2015, from
information technology; and (d) whether Addendum, SBA Form 994, Application 9:00 a.m. until 10:15 a.m. This session
there are ways to enhance the quality, for Surety Bond Guarantee Assistance, allows proponents of proposed bridges
utility, and clarity of the information. SBA Form 994B, Surety Bond Guarantee and border crossings and related
Underwriting Review, SBA Form 994F, projects to make presentations to the
16 17 CFR 200.30–3(a)(12). Schedule of Work in Process, and SBA delegations and members of the public.

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Document Created: 2018-02-27 08:54:02
Document Modified: 2018-02-27 08:54:02
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 63859