83_FR_34318 83 FR 34179 - Proposed Collection; Comment Request

83 FR 34179 - Proposed Collection; Comment Request

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 139 (July 19, 2018)

Page Range34179-34182
FR Document2018-15381

Federal Register, Volume 83 Issue 139 (Thursday, July 19, 2018)
[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Notices]
[Pages 34179-34182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15381]


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

SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 
20549-2736.

Extension:
    Regulation SCI, Form SCI; SEC File No. 270-653, OMB Control No. 
3235-0703.

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission

[[Page 34180]]

(``Commission'') is soliciting comments on the collection of 
information provided for in Regulation Systems Compliance and Integrity 
(``Regulation SCI'') (17 CFR 242.1000-1007) and Form SCI (17 CFR 
249.1900) under the Securities Exchange Act of 1934 (``Exchange Act'') 
(15 U.S.C. 78a et seq.). The Commission plans to submit this existing 
collection of information to the Office of Management and Budget 
(``OMB'') for extension and approval.
    Regulation SCI requires certain key market participants to, among 
other things: (1) Have comprehensive policies and procedures in place 
to help ensure the robustness and resiliency of their technological 
systems, and also that their technological systems operate in 
compliance with the federal securities laws and with their own rules; 
and (2) provide certain notices and reports to the Commission to 
improve Commission oversight of securities market infrastructure.
    Regulation SCI advances the goals of the national market system by 
enhancing the capacity, integrity, resiliency, availability, and 
security of the automated systems of entities important to the 
functioning of the U.S. securities markets, as well as reinforcing the 
requirement that such systems operate in compliance with the Exchange 
Act and rules and regulations thereunder, thus strengthening the 
infrastructure of the U.S. securities markets and improving its 
resilience when technological issues arise. In this respect, Regulation 
SCI establishes an updated and formalized regulatory framework, thereby 
helping to ensure more effective Commission oversight of such systems.
    Respondents consist of national securities exchanges and 
associations, registered clearing agencies, exempt clearing agencies, 
plan processors, and alternative trading systems. There are currently 
42 respondents, and the Commission staff estimates that, on average, 2 
new respondents may become SCI entities each year, 1 of which would be 
a self-regulatory organization. Accordingly, Commission staff estimates 
that over the next three years there will be an average of 44 
respondents per year.
    Rule 1001(a) requires each SCI entity to establish, maintain, and 
enforce written policies and procedures reasonably designed to ensure 
that its SCI systems and, for purposes of security standards, indirect 
SCI systems, have levels of capacity, integrity, resiliency, 
availability, and security, adequate to maintain the SCI entity's 
operational capability and promote the maintenance of fair and orderly 
markets. The Commission staff estimates that the total annual initial 
recordkeeping burden for 2 new respondents will be 1,388 hours (694 
hours per respondent x 2 respondents), and the annual ongoing 
recordkeeping burden for all respondents will be, on average, 10,208 
hours (232 hours per respondent x 44 respondents). The Commission staff 
estimates that the 2 new respondents would incur, on average, an annual 
initial internal cost of compliance of $465,656 ($232,828 per 
respondent x 2 respondents), as well as outside legal or consulting 
costs of $94,000 ($47,000 per respondent x 2 respondents). In addition, 
all respondents will incur, on average, an estimated ongoing annual 
internal cost of compliance of $3,426,632 ($77,878 per respondent x 44 
respondents).
    Rule 1001(b) requires each SCI entity to establish, maintain, and 
enforce written policies and procedures reasonably designed to ensure 
that its SCI systems operate in a manner that complies with the 
Exchange Act and the rules and regulations thereunder and the entity's 
rules and governing documents, as applicable. The Commission staff 
estimates that the total annual initial recordkeeping burden for 2 new 
respondents will be 540 hours (270 hours per respondent x 2 
respondents), and the annual ongoing recordkeeping burden for all 
respondents will be, on average, 6,820 hours (175 hours per SRO 
respondent x 33 respondents + 95 hours per non-SRO respondent x 11 non-
SRO respondents). The Commission staff estimates that the 2 new 
respondents would incur an initial internal cost of compliance of 
$203,160 ($101,580 per respondent x 2 respondents), as well as outside 
legal or consulting costs of $54,000 ($27,000 per respondent x 2 
respondents). In addition, all respondents will incur, on average, an 
estimated ongoing annual internal cost of compliance of $2,155,780 
($86,230 per respondent x 44 respondents).
    Rule 1001(c) requires each SCI entity to establish, maintain, and 
enforce reasonably designed written policies and procedures that 
include the criteria for identifying responsible SCI personnel, the 
designation and documentation of responsible SCI personnel, and 
escalation procedures to quickly inform responsible SCI personnel of 
potential SCI events. The Commission staff estimates that the total 
annual initial recordkeeping burden for 2 new respondents will be 228 
hours (114 hours per respondent x 2 respondents), and the annual 
ongoing recordkeeping burden for all respondents will be, on average, 
1,716 hours (39 hours per respondent x 44 respondents). The Commission 
staff estimates that the 2 new respondents would incur an initial 
internal cost of compliance of $85,056 ($42,528 per respondent x 2 
respondents), and all respondents will incur, on average, an estimated 
ongoing annual internal cost of compliance of $684,112 ($15,548 per 
respondent x 44 respondents).
    Rule 1004 requires each SCI entity to establish standards for the 
designation of certain members or participants for BC/DR plan testing, 
to designate members or participants in accordance with these 
standards, to require participation by designated members or 
participants in such testing at least annually, and to coordinate such 
testing on an industry- or sector-wide basis with other SCI entities. 
The Commission staff estimates that the total annual initial 
recordkeeping burden for 2 new respondents will be 720 hours (360 hours 
per respondent x 2 respondents), and the annual ongoing recordkeeping 
burden for all respondents that are not plan processors will be, on 
average, 5,670 hours (135 hours per respondent x 42 respondents). The 
Commission staff estimates that the 2 new respondents would incur an 
initial internal cost of compliance of $214,596 ($107,298 per 
respondent x 2 respondents). In addition, all respondents that are not 
plan processors will incur, on average, an estimated ongoing annual 
internal cost of compliance of $1,508,850 ($35,925 per respondent x 42 
respondents). In addition, the Commission staff estimates that the 2 
plan processor respondents will incur an estimated ongoing annual cost 
of $108,000 for outside legal services ($54,000 per plan processor 
respondent x 2 respondents).
    Rule 1002(b)(1) requires each SCI entity, upon any responsible SCI 
personnel having a reasonable basis to conclude that an SCI event has 
occurred, to notify the Commission immediately. The Commission staff 
estimates that the total annual ongoing burden for all respondents will 
be, on average, 352 hours (8 hours per respondent x 44 respondents). 
The Commission staff estimates that respondents will incur, on average, 
an estimated ongoing annual internal cost of compliance of $108,394 
($2,463.25 per respondent x 44 respondents).
    Rule 1002(b)(2) requires each SCI entity, within 24 hours of any 
responsible SCI personnel having a reasonable basis to conclude that 
the SCI event has occurred, to submit a written notification to the 
Commission pertaining to the SCI event on a good faith, best efforts 
basis. These

[[Page 34181]]

notifications are required to be submitted on Form SCI. The Commission 
staff estimates that the total annual ongoing burden for all 
respondents will be, on average, 5,280 hours (120 hours per respondent 
x 44 respondents). The Commission staff estimates that respondents will 
incur, on average, an estimated ongoing annual internal cost of 
compliance of $1,739,540 ($39,535 per respondent x 44 respondents).
    Rule 1002(b)(3) requires each SCI entity to provide updates to the 
Commission pertaining to an SCI event on a regular basis, or at such 
frequency as reasonably requested by a representative of the 
Commission, until the SCI event is resolved and the SCI entity's 
investigation of the SCI event is closed. The Commission staff 
estimates that the total annual ongoing burden for all respondents will 
be, on average, 462 hours (10.5 hours per respondent x 44 respondents). 
The Commission staff estimates that all respondents will incur, on 
average, an estimated ongoing annual internal cost of compliance of 
$144,309 ($3,279.75 per respondent x 44 respondents).
    Rule 1002(b)(4) requires each SCI entity to submit written interim 
reports, as necessary, and a written final report regarding an SCI 
event to the Commission. These reports are required to be submitted on 
Form SCI. The Commission staff estimates that the total annual ongoing 
burden for all respondents will be, on average, 7,700 hours (175 hours 
per respondent x 44 respondents). The Commission staff estimates that 
all respondents will incur, on average, an estimated ongoing annual 
internal cost of compliance of $2,686,860 ($61,065 per respondent x 44 
respondents).
    Rule 1002(b)(5) requires each SCI entity to submit to the 
Commission quarterly reports containing a summary description of any 
systems disruption or systems intrusion that has had, or the SCI entity 
reasonably estimates would have, no or a de minimis impact on the SCI 
entity's operations or on market participants. These reports are 
required to be submitted on Form SCI. The Commission staff estimates 
that the total annual ongoing burden for all respondents will be, on 
average, 7,040 hours (160 hours per respondent x 44 respondents). The 
Commission staff estimates that respondents will incur, on average, an 
estimated ongoing annual internal cost of compliance of $2,378,728 
($54,062 per respondent x 44 respondents).
    In addition, the Commission staff estimates that respondents will 
incur, on average, annual costs of $255,200 ($5,800 x 44 respondents) 
for outside legal advice in preparation of certain notifications 
required by Rule 1002(b).
    Rule 1002(c)(1)(i) requires each SCI entity, promptly after any 
responsible SCI personnel has a reasonable basis to conclude that an 
SCI event (other than a systems intrusion) has occurred, to disseminate 
certain information to its members or participants. The Commission 
staff estimates that the total annual ongoing burden for all 
respondents will be, on average, 924 hours (21 hours per respondent x 
44 respondents). The Commission staff estimates that all respondents 
will incur, on average, an estimated ongoing annual internal cost of 
compliance of $604,230 ($13,732.50 per respondent x 44 respondents).
    Rule 1002(c)(1)(ii) requires each SCI entity, when known, to 
promptly disseminate additional information about an SCI event (other 
than a systems intrusion) to its members or participants. Rule 
1002(c)(1)(iii) requires each SCI entity to provide to its members or 
participants regular updates of any information required to be 
disseminated under Rules 1002(c)(1)(i) and (ii) until the SCI event is 
resolved. The Commission staff estimates that the total annual ongoing 
burden for all respondents will be, on average, 5,148 hours (117 hours 
per respondent x 44 respondents). The Commission staff estimates that 
all respondents will incur, on average, an estimated ongoing annual 
internal cost of compliance of $2,033,856 ($46,224 per respondent x 44 
respondents).
    Rule 1002(c)(2) requires each SCI entity to disseminate certain 
information regarding a systems intrusion to its members or 
participants, and provides an exception when the SCI entity determines 
that dissemination of such information would likely compromise the 
security of its SCI systems or indirect SCI systems, or an 
investigation of the systems intrusion, and documents the reasons for 
such determination. The Commission staff estimates that the total 
annual ongoing burden for all respondents will be, on average, 440 
hours (10 hours per respondent x 44 respondents). The Commission staff 
estimates that all respondents will incur, on average, an estimated 
ongoing annual internal cost of compliance of $173,415 ($3,941.25 per 
respondent x 44 respondents).
    In addition, the Commission staff estimates that all respondents 
will incur, on average, annual costs of $146,080 ($3,320 x 44 
respondents) for outside legal advice in preparation of certain 
notifications required by Rule 1002(c).
    Rule 1003(a)(1) requires each SCI entity to submit to the 
Commission quarterly reports describing completed, ongoing, and planned 
material changes to its SCI systems and security of indirect SCI 
systems during the prior, current, and subsequent calendar quarters. 
These reports are required to be submitted on Form SCI. The Commission 
staff estimates that the total annual ongoing burden for all 
respondents will be, on average, 22,000 hours (500 hours per respondent 
x 44 respondents). The Commission staff estimates that all respondents 
will incur, on average, an estimated ongoing annual internal cost of 
compliance of $6,570,520 ($149,330 per respondent x 44 respondents).
    Rule 1003(a)(2) requires each SCI entity to promptly submit a 
supplemental report notifying the Commission of a material error in or 
material omission from a report previously submitted under Rule 
1003(a)(1). These reports are required to be submitted on Form SCI. The 
Commission staff estimates that the total annual ongoing burden for all 
respondents will be, on average, 660 hours (15 hours per respondent x 
44 respondents). The Commission staff estimates that all respondents 
will incur, on average, an estimated ongoing annual internal cost of 
compliance of $209,176 ($4,754 per respondent x 44 respondents).
    Rule 1003(b)(1) requires each SCI entity to conduct an SCI review 
of its compliance with Regulation SCI not less than once each calendar 
year, with an exception for penetration test reviews, which are 
required to be conducted not less than once every three years. Rule 
1003(b)(1) also provides an exception for assessments of SCI systems 
directly supporting market regulation or market surveillance, which are 
required to be conducted at a frequency based on the risk assessment 
conducted as part of the SCI review, but in no case less than once 
every three years. Rule 1003(b)(2) requires each SCI entity to submit a 
report of the SCI review to senior management no more than 30 calendar 
days after completion of the review. The Commission staff estimates 
that the total annual ongoing burden for all respondents will be, on 
average, 30,360 hours (690 hours per respondent x 44 respondents). The 
Commission staff estimates that all respondents will incur, on average, 
an estimated ongoing annual internal cost of compliance of $9,724,660 
($221,015 per respondent x 44 respondents).
    Rule 1003(b)(3) requires each SCI entity to submit the report of 
the SCI review to the Commission and to its

[[Page 34182]]

board of directors or the equivalent of such board, together with any 
response by senior management, within 60 calendar days after its 
submission to senior management. These reports are required to be 
submitted on Form SCI. The Commission staff estimates that the total 
annual ongoing burden for all respondents will be, on average, 44 hours 
(1 hour per respondent x 44 respondents). The Commission staff 
estimates that all respondents will incur, on average, an estimated 
ongoing annual internal cost of compliance of $18,128 ($412 per 
respondent x 44 respondents).
    In addition, the Commission staff estimates that all respondents 
will incur, on average, annual costs of $2,200,000 ($50,000 x 44 
respondents) for outside legal advice in preparation of certain 
notifications required by Rule 1003(b).
    Rule 1006 requires each SCI entity, with a few exceptions, to file 
any notification, review, description, analysis, or report to the 
Commission required under Regulation SCI electronically on Form SCI 
through the EFFS. An SCI entity will submit to the Commission an EAUF 
to register each individual at the SCI entity who will access the EFFS 
system on behalf of the SCI entity. The Commission staff estimates that 
the total annual initial burden for 2 new respondents will be 0.6 hours 
(0.3 hours per respondent x 2 respondents), and the annual ongoing 
burden for all respondents will be, on average, 6.6 hours (0.15 hours 
per respondent x 44 respondents). The Commission staff estimates that 
the 2 new respondents would incur an initial internal cost of 
compliance of $248 ($124 per respondent x 2 respondents), as well as 
outside costs to obtain a digital ID of $100 ($50 per respondent x 2 
respondents). In addition, all respondents will incur, on average, an 
estimated ongoing annual internal cost of compliance of $2,728 ($62 per 
respondent x 44 respondents), as well as outside costs to obtain a 
digital ID of $2,200 ($50 per respondent x 44 respondents).
    Rule 1002(a) requires each SCI entity, upon any responsible SCI 
personnel having a reasonable basis to conclude that an SCI event has 
occurred, to begin to take appropriate corrective action. The 
Commission staff estimates that the total annual initial recordkeeping 
burden for 2 new respondents will be 228 hours (114 hours per 
respondent x 2 respondents), and the annual ongoing recordkeeping 
burden for all respondents will be, on average, 1,716 hours (39 hours 
per respondent x 44 respondents). The Commission staff estimates that 
the 2 new respondents would incur an initial internal cost of 
compliance of $85,056 ($42,528 per respondent x 2 respondents). In 
addition, all respondents will incur, on average, an estimated ongoing 
annual internal cost of compliance of $677,468 ($15,397 per respondent 
x 44 respondents).
    Rule 1003(a)(1) requires each SCI entity to establish reasonable 
written criteria for identifying a change to its SCI systems and the 
security of indirect SCI systems as material. The Commission staff 
estimates that the total annual initial recordkeeping burden for 2 new 
respondents will be 228 hours (114 hours per respondent x 2 
respondents), and the annual ongoing recordkeeping burden for all 
respondents will be, on average, 1,188 hours (27 hours per respondent x 
44 respondents). The Commission staff estimates that the 2 new 
respondents would incur an initial internal cost of compliance of 
$85,056 ($42,528 per respondent x 2 respondents). In addition, all 
respondents will incur, on average, an estimated ongoing annual 
internal cost of compliance of $507,584 ($11,536 per respondent x 44 
respondents).
    Regulation SCI also requires SCI entities to identify certain types 
of events and systems. The Commission staff estimates that the total 
annual initial recordkeeping burden for 2 new respondents will be 396 
hours (198 hours per respondent x 2 respondents), and the annual 
ongoing recordkeeping burden for all respondents will be, on average, 
1,716 hours (39 hours per respondent x 44 respondents). The Commission 
staff estimates that the 2 new respondents would incur an initial 
internal cost of compliance of $139,412 ($69,706 per respondent x 2 
respondents). In addition, all respondents will incur, on average, an 
estimated ongoing annual internal cost of compliance of $677,468 
($15,397 per respondent x 44 respondents).
    Rules 1005 and 1007 establish recordkeeping requirements for SCI 
entities other than SROs. The Commission staff estimates that for a new 
respondent that is not an SRO the average annual initial burden would 
be 170 hours (170 hours x 1 respondent), and the annual ongoing burden 
for all respondents will be, on average, 275 hours (25 hours x 11 
respondents). The Commission staff estimates that a new respondent 
would incur an estimated internal initial internal cost of compliance 
of $11,370, as well as a one-time cost of $900 to modify existing 
recordkeeping systems. In addition, all respondents will incur, on 
average, an estimated ongoing internal cost of compliance of $18,975 
($1,725 x 11 respondents).
    Written comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
estimates of the burden of the proposed collection of information; (c) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology. 
Consideration will be given to comments and suggestions submitted in 
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information under the PRA unless it 
displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o 
Candace Kenner, 100 F Street NE, Washington, DC 20549, or send an email 
to: PRA_Mailbox@sec.gov.

    Dated: July 13, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-15381 Filed 7-18-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices                                                34179

                                                losses materialize, is calculated as the                        With respect to the Wind-down Plan,                subject line if email is used. To help the
                                                greatest of three estimated amounts, one                     the proposed Corporation Default Rule,                Commission process and review your
                                                of which is this Recovery/Wind-down                          and the proposed Wind-down Rule,                      comments more efficiently, please use
                                                Capital Requirement. Therefore, NSCC                         which facilitate the execution of the                 only one method. The Commission will
                                                believes the R&W Plan, as it interrelates                    Wind-down Plan, the proposal would                    post all comments on the Commission’s
                                                with the Capital Policy, is consistent                       operate to effect the transfer of all                 internet website (http://www.sec.gov/
                                                with Rule 17Ad–22(e)(15)(ii).72                              eligible Members and Limited Members                  rules/sro.shtml). Copies of the
                                                                                                             to the Transferee, and would not                      submission, all subsequent
                                                (B) Clearing Agency’s Statement on
                                                                                                             prohibit any market participant from                  amendments, all written statements
                                                Burden on Competition
                                                                                                             either bidding to become the Transferee               with respect to the Proposed Rule
                                                   NSCC does not believe the proposal                        or from applying for membership with                  Change that are filed with the
                                                would have any impact, or impose any                         the Transferee. The proposal also would               Commission, and all written
                                                burden, on competition not necessary or                      not prohibit any Member or Limited                    communications relating to the
                                                appropriate in furtherance of the                            Member from withdrawing from NSCC                     Proposed Rule Change between the
                                                purpose of the Act.73 The proposal                           prior to the Transfer Time, as is                     Commission and any person, other than
                                                would apply uniformly to all Members                         permitted under the Rules today, or                   those that may be withheld from the
                                                and Limited Members. NSCC does not                           from applying for membership with the                 public in accordance with the
                                                anticipate that the proposal would affect                    Transferee. Therefore, as the proposal                provisions of 5 U.S.C. 552, will be
                                                its day-to-day operations under normal                       would treat each similarly situated                   available for website viewing and
                                                circumstances, or in the management of                       Member identically under the Wind-                    printing in the Commission’s Public
                                                a typical Member default scenario or                         down Plan and under these Proposed                    Reference Room, 100 F Street NE,
                                                non-default event. NSCC is not                               Rules, NSCC does not believe the Wind-                Washington, DC 20549 on official
                                                proposing to alter the standards or                          down Plan, the proposed Corporation                   business days between the hours of
                                                requirements for becoming or remaining                       Default Rule, or the proposed Wind-                   10:00 a.m. and 3:00 p.m. Copies of the
                                                a Member, or otherwise using its                             down Rule would have any impact, or                   filing also will be available for
                                                services. NSCC also does not propose to                      impose any burden, on competition.                    inspection and copying at the principal
                                                change its methodology for calculation                          NSCC does not believe that the                     office of NSCC and on DTCC’s website
                                                of margin or Clearing Fund                                   proposed change to the Rule numbers                   (http://dtcc.com/legal/sec-rule-
                                                contributions. The proposal is intended                      would have any impact on competition                  filings.aspx). All comments received
                                                to (1) address the risk of loss events and                   because this proposed change is                       will be posted without change. Persons
                                                identify the tools and resources                             technical in nature and would not                     submitting comments are cautioned that
                                                available to it to withstand and recover                     change NSCC’s current practices or the                we do not redact or edit personal
                                                from such events, so that it can restore                     rights or obligations of Members                      identifying information from comment
                                                normal operations, and (2) provide a                         (C) Clearing Agency’s Statement on                    submissions. You should submit only
                                                framework for its orderly wind-down                          Comments on the Proposed Rule                         information that you wish to make
                                                and the transfer of its business in the                      Change Received From Members,                         available publicly. All submissions
                                                event those recovery tools do not restore                    Participants, or Others                               should refer to File Number SR–NSCC–
                                                NSCC to financial viability, as described                                                                          2017–017 and should be submitted on
                                                herein.                                                        While NSCC has not solicited or                     or before August 3, 2018.
                                                   The R&W Plan and each of the                              received any written comments relating
                                                                                                                                                                     For the Commission, by the Division of
                                                Proposed Rules have been developed                           to this proposal, NSCC has conducted
                                                                                                                                                                   Trading and Markets, pursuant to delegated
                                                and documented in order to satisfy                           outreach to Members in order to provide               authority.74
                                                applicable regulatory requirements, as                       them with notice of the proposal. NSCC
                                                                                                                                                                   Eduardo A. Aleman,
                                                discussed above.                                             will notify the Commission of any
                                                                                                                                                                   Assistant Secretary.
                                                                                                             written comments received by NSCC.
                                                   With respect to the Recovery Plan, the                                                                          [FR Doc. 2018–15367 Filed 7–18–18; 8:45 am]
                                                proposal generally reflects NSCC’s                           III. Solicitation of Comments                         BILLING CODE 8011–01–P
                                                existing tools and existing internal                            Interested persons are invited to
                                                procedures. Existing tools that would                        submit written data, views and
                                                have a direct impact on the rights,                          arguments concerning the foregoing.                   SECURITIES AND EXCHANGE
                                                responsibilities or obligations of                           Comments may be submitted by any of                   COMMISSION
                                                Members are reflected in the existing                        the following methods:
                                                Rules or are proposed to be included in                                                                            Proposed Collection; Comment
                                                the Rules. Accordingly, the Recovery                         Electronic Comments                                   Request
                                                Plan and the proposed Force Majeure                            • Use the Commission’s internet                     Upon Written Request, Copies Available
                                                Rule are intended to provide a roadmap,                      comment form (http://www.sec.gov/                      From: Securities and Exchange
                                                define the strategy and identify the tools                   rules/sro.shtml); or                                   Commission, Office of FOIA Services,
                                                available to NSCC in connection with its                       • Send an email to rule-comments@
                                                                                                                                                                    100 F Street NE, Washington, DC
                                                recovery efforts. By proposing to                            sec.gov. Please include File Number SR–
                                                                                                                                                                    20549–2736.
                                                enhance NSCC’s existing internal                             NSCC–2017–017 on the subject line.
                                                management and its regulatory                                                                                      Extension:
                                                compliance related to its recovery                           Paper Comments                                          Regulation SCI, Form SCI; SEC File No.
sradovich on DSK3GMQ082PROD with NOTICES




                                                efforts, NSCC does not believe the                             • Send paper comments in triplicate                     270–653, OMB Control No. 3235–0703.
                                                Recovery Plan or the proposed Force                          to Secretary, Securities and Exchange                    Notice is hereby given that pursuant
                                                Majeure Rule would have any impact, or                       Commission, 100 F Street NE,                          to the Paperwork Reduction Act of 1995
                                                impose any burden, on competition.                           Washington, DC 20549–1090.                            (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                                                                                             All submissions should refer to File                  Securities and Exchange Commission
                                                  72 Id.                                                     Number SR–NSCC–2017–017. This file
                                                  73 15    U.S.C. 78q–1(b)(3)(I).                            number should be included on the                        74 17   CFR 200.30–3(a)(12).



                                           VerDate Sep<11>2014       17:34 Jul 18, 2018   Jkt 244001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\19JYN1.SGM     19JYN1


                                                34180                          Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices

                                                (‘‘Commission’’) is soliciting comments                  The Commission staff estimates that the               hours (39 hours per respondent × 44
                                                on the collection of information                         total annual initial recordkeeping                    respondents). The Commission staff
                                                provided for in Regulation Systems                       burden for 2 new respondents will be                  estimates that the 2 new respondents
                                                Compliance and Integrity (‘‘Regulation                   1,388 hours (694 hours per respondent                 would incur an initial internal cost of
                                                SCI’’) (17 CFR 242.1000–1007) and                        × 2 respondents), and the annual                      compliance of $85,056 ($42,528 per
                                                Form SCI (17 CFR 249.1900) under the                     ongoing recordkeeping burden for all                  respondent × 2 respondents), and all
                                                Securities Exchange Act of 1934                          respondents will be, on average, 10,208               respondents will incur, on average, an
                                                (‘‘Exchange Act’’) (15 U.S.C. 78a et seq.).              hours (232 hours per respondent × 44                  estimated ongoing annual internal cost
                                                The Commission plans to submit this                      respondents). The Commission staff                    of compliance of $684,112 ($15,548 per
                                                existing collection of information to the                estimates that the 2 new respondents                  respondent × 44 respondents).
                                                Office of Management and Budget                          would incur, on average, an annual                      Rule 1004 requires each SCI entity to
                                                (‘‘OMB’’) for extension and approval.                    initial internal cost of compliance of                establish standards for the designation
                                                   Regulation SCI requires certain key                   $465,656 ($232,828 per respondent × 2                 of certain members or participants for
                                                market participants to, among other                      respondents), as well as outside legal or             BC/DR plan testing, to designate
                                                things: (1) Have comprehensive policies                  consulting costs of $94,000 ($47,000 per              members or participants in accordance
                                                and procedures in place to help ensure                   respondent × 2 respondents). In                       with these standards, to require
                                                the robustness and resiliency of their                   addition, all respondents will incur, on              participation by designated members or
                                                technological systems, and also that                     average, an estimated ongoing annual                  participants in such testing at least
                                                their technological systems operate in                   internal cost of compliance of                        annually, and to coordinate such testing
                                                compliance with the federal securities                   $3,426,632 ($77,878 per respondent × 44               on an industry- or sector-wide basis
                                                laws and with their own rules; and (2)                   respondents).                                         with other SCI entities. The Commission
                                                provide certain notices and reports to                     Rule 1001(b) requires each SCI entity               staff estimates that the total annual
                                                the Commission to improve                                to establish, maintain, and enforce                   initial recordkeeping burden for 2 new
                                                Commission oversight of securities                       written policies and procedures                       respondents will be 720 hours (360
                                                market infrastructure.                                   reasonably designed to ensure that its                hours per respondent × 2 respondents),
                                                   Regulation SCI advances the goals of                  SCI systems operate in a manner that                  and the annual ongoing recordkeeping
                                                the national market system by                            complies with the Exchange Act and the                burden for all respondents that are not
                                                enhancing the capacity, integrity,                       rules and regulations thereunder and                  plan processors will be, on average,
                                                resiliency, availability, and security of                the entity’s rules and governing                      5,670 hours (135 hours per respondent
                                                the automated systems of entities                        documents, as applicable. The                         × 42 respondents). The Commission
                                                important to the functioning of the U.S.                 Commission staff estimates that the total             staff estimates that the 2 new
                                                securities markets, as well as reinforcing               annual initial recordkeeping burden for               respondents would incur an initial
                                                the requirement that such systems                        2 new respondents will be 540 hours                   internal cost of compliance of $214,596
                                                operate in compliance with the                           (270 hours per respondent × 2                         ($107,298 per respondent × 2
                                                Exchange Act and rules and regulations                   respondents), and the annual ongoing                  respondents). In addition, all
                                                thereunder, thus strengthening the                       recordkeeping burden for all                          respondents that are not plan processors
                                                infrastructure of the U.S. securities                    respondents will be, on average, 6,820                will incur, on average, an estimated
                                                markets and improving its resilience                     hours (175 hours per SRO respondent ×                 ongoing annual internal cost of
                                                when technological issues arise. In this                 33 respondents + 95 hours per non-SRO                 compliance of $1,508,850 ($35,925 per
                                                respect, Regulation SCI establishes an                   respondent × 11 non-SRO respondents).                 respondent × 42 respondents). In
                                                updated and formalized regulatory                        The Commission staff estimates that the               addition, the Commission staff estimates
                                                framework, thereby helping to ensure                     2 new respondents would incur an                      that the 2 plan processor respondents
                                                more effective Commission oversight of                   initial internal cost of compliance of                will incur an estimated ongoing annual
                                                such systems.                                            $203,160 ($101,580 per respondent × 2                 cost of $108,000 for outside legal
                                                   Respondents consist of national                       respondents), as well as outside legal or             services ($54,000 per plan processor
                                                securities exchanges and associations,                   consulting costs of $54,000 ($27,000 per              respondent × 2 respondents).
                                                registered clearing agencies, exempt                     respondent × 2 respondents). In                         Rule 1002(b)(1) requires each SCI
                                                clearing agencies, plan processors, and                  addition, all respondents will incur, on              entity, upon any responsible SCI
                                                alternative trading systems. There are                   average, an estimated ongoing annual                  personnel having a reasonable basis to
                                                currently 42 respondents, and the                        internal cost of compliance of                        conclude that an SCI event has
                                                Commission staff estimates that, on                      $2,155,780 ($86,230 per respondent × 44               occurred, to notify the Commission
                                                average, 2 new respondents may become                    respondents).                                         immediately. The Commission staff
                                                SCI entities each year, 1 of which would                   Rule 1001(c) requires each SCI entity               estimates that the total annual ongoing
                                                be a self-regulatory organization.                       to establish, maintain, and enforce                   burden for all respondents will be, on
                                                Accordingly, Commission staff                            reasonably designed written policies                  average, 352 hours (8 hours per
                                                estimates that over the next three years                 and procedures that include the criteria              respondent × 44 respondents). The
                                                there will be an average of 44                           for identifying responsible SCI                       Commission staff estimates that
                                                respondents per year.                                    personnel, the designation and                        respondents will incur, on average, an
                                                   Rule 1001(a) requires each SCI entity                 documentation of responsible SCI                      estimated ongoing annual internal cost
                                                to establish, maintain, and enforce                      personnel, and escalation procedures to               of compliance of $108,394 ($2,463.25
                                                written policies and procedures                          quickly inform responsible SCI                        per respondent × 44 respondents).
                                                reasonably designed to ensure that its                                                                            Rule 1002(b)(2) requires each SCI
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                                                                                                         personnel of potential SCI events. The
                                                SCI systems and, for purposes of                         Commission staff estimates that the total             entity, within 24 hours of any
                                                security standards, indirect SCI systems,                annual initial recordkeeping burden for               responsible SCI personnel having a
                                                have levels of capacity, integrity,                      2 new respondents will be 228 hours                   reasonable basis to conclude that the
                                                resiliency, availability, and security,                  (114 hours per respondent × 2                         SCI event has occurred, to submit a
                                                adequate to maintain the SCI entity’s                    respondents), and the annual ongoing                  written notification to the Commission
                                                operational capability and promote the                   recordkeeping burden for all                          pertaining to the SCI event on a good
                                                maintenance of fair and orderly markets.                 respondents will be, on average, 1,716                faith, best efforts basis. These


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                                                                               Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices                                          34181

                                                notifications are required to be                         ($5,800 × 44 respondents) for outside                    Rule 1003(a)(1) requires each SCI
                                                submitted on Form SCI. The                               legal advice in preparation of certain                entity to submit to the Commission
                                                Commission staff estimates that the total                notifications required by Rule 1002(b).               quarterly reports describing completed,
                                                annual ongoing burden for all                               Rule 1002(c)(1)(i) requires each SCI               ongoing, and planned material changes
                                                respondents will be, on average, 5,280                   entity, promptly after any responsible                to its SCI systems and security of
                                                hours (120 hours per respondent × 44                     SCI personnel has a reasonable basis to               indirect SCI systems during the prior,
                                                respondents). The Commission staff                       conclude that an SCI event (other than                current, and subsequent calendar
                                                estimates that respondents will incur,                   a systems intrusion) has occurred, to                 quarters. These reports are required to
                                                on average, an estimated ongoing annual                  disseminate certain information to its                be submitted on Form SCI. The
                                                internal cost of compliance of                           members or participants. The                          Commission staff estimates that the total
                                                $1,739,540 ($39,535 per respondent × 44                  Commission staff estimates that the total             annual ongoing burden for all
                                                respondents).                                            annual ongoing burden for all                         respondents will be, on average, 22,000
                                                   Rule 1002(b)(3) requires each SCI                     respondents will be, on average, 924                  hours (500 hours per respondent × 44
                                                entity to provide updates to the                         hours (21 hours per respondent × 44                   respondents). The Commission staff
                                                Commission pertaining to an SCI event                    respondents). The Commission staff                    estimates that all respondents will
                                                on a regular basis, or at such frequency                 estimates that all respondents will                   incur, on average, an estimated ongoing
                                                as reasonably requested by a                             incur, on average, an estimated ongoing               annual internal cost of compliance of
                                                representative of the Commission, until                  annual internal cost of compliance of                 $6,570,520 ($149,330 per respondent ×
                                                the SCI event is resolved and the SCI                    $604,230 ($13,732.50 per respondent ×                 44 respondents).
                                                entity’s investigation of the SCI event is               44 respondents).                                         Rule 1003(a)(2) requires each SCI
                                                closed. The Commission staff estimates                      Rule 1002(c)(1)(ii) requires each SCI              entity to promptly submit a
                                                that the total annual ongoing burden for                 entity, when known, to promptly                       supplemental report notifying the
                                                all respondents will be, on average, 462                 disseminate additional information                    Commission of a material error in or
                                                hours (10.5 hours per respondent × 44                    about an SCI event (other than a systems              material omission from a report
                                                respondents). The Commission staff                       intrusion) to its members or                          previously submitted under Rule
                                                estimates that all respondents will                      participants. Rule 1002(c)(1)(iii)                    1003(a)(1). These reports are required to
                                                incur, on average, an estimated ongoing                  requires each SCI entity to provide to its            be submitted on Form SCI. The
                                                annual internal cost of compliance of                    members or participants regular updates               Commission staff estimates that the total
                                                $144,309 ($3,279.75 per respondent × 44                  of any information required to be                     annual ongoing burden for all
                                                respondents).                                            disseminated under Rules 1002(c)(1)(i)                respondents will be, on average, 660
                                                   Rule 1002(b)(4) requires each SCI                     and (ii) until the SCI event is resolved.             hours (15 hours per respondent × 44
                                                entity to submit written interim reports,                The Commission staff estimates that the               respondents). The Commission staff
                                                as necessary, and a written final report                 total annual ongoing burden for all                   estimates that all respondents will
                                                regarding an SCI event to the                            respondents will be, on average, 5,148                incur, on average, an estimated ongoing
                                                Commission. These reports are required                   hours (117 hours per respondent × 44                  annual internal cost of compliance of
                                                to be submitted on Form SCI. The                         respondents). The Commission staff                    $209,176 ($4,754 per respondent × 44
                                                Commission staff estimates that the total                estimates that all respondents will                   respondents).
                                                annual ongoing burden for all                            incur, on average, an estimated ongoing                  Rule 1003(b)(1) requires each SCI
                                                respondents will be, on average, 7,700                   annual internal cost of compliance of                 entity to conduct an SCI review of its
                                                hours (175 hours per respondent × 44                     $2,033,856 ($46,224 per respondent × 44               compliance with Regulation SCI not less
                                                respondents). The Commission staff                       respondents).                                         than once each calendar year, with an
                                                estimates that all respondents will                         Rule 1002(c)(2) requires each SCI                  exception for penetration test reviews,
                                                incur, on average, an estimated ongoing                  entity to disseminate certain                         which are required to be conducted not
                                                annual internal cost of compliance of                    information regarding a systems                       less than once every three years. Rule
                                                $2,686,860 ($61,065 per respondent × 44                  intrusion to its members or participants,             1003(b)(1) also provides an exception
                                                respondents).                                            and provides an exception when the SCI                for assessments of SCI systems directly
                                                   Rule 1002(b)(5) requires each SCI                     entity determines that dissemination of               supporting market regulation or market
                                                entity to submit to the Commission                       such information would likely                         surveillance, which are required to be
                                                quarterly reports containing a summary                   compromise the security of its SCI                    conducted at a frequency based on the
                                                description of any systems disruption or                 systems or indirect SCI systems, or an                risk assessment conducted as part of the
                                                systems intrusion that has had, or the                   investigation of the systems intrusion,               SCI review, but in no case less than
                                                SCI entity reasonably estimates would                    and documents the reasons for such                    once every three years. Rule 1003(b)(2)
                                                have, no or a de minimis impact on the                   determination. The Commission staff                   requires each SCI entity to submit a
                                                SCI entity’s operations or on market                     estimates that the total annual ongoing               report of the SCI review to senior
                                                participants. These reports are required                 burden for all respondents will be, on                management no more than 30 calendar
                                                to be submitted on Form SCI. The                         average, 440 hours (10 hours per                      days after completion of the review. The
                                                Commission staff estimates that the total                respondent × 44 respondents). The                     Commission staff estimates that the total
                                                annual ongoing burden for all                            Commission staff estimates that all                   annual ongoing burden for all
                                                respondents will be, on average, 7,040                   respondents will incur, on average, an                respondents will be, on average, 30,360
                                                hours (160 hours per respondent × 44                     estimated ongoing annual internal cost                hours (690 hours per respondent × 44
                                                respondents). The Commission staff                       of compliance of $173,415 ($3,941.25                  respondents). The Commission staff
                                                                                                         per respondent × 44 respondents).
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                                                estimates that respondents will incur,                                                                         estimates that all respondents will
                                                on average, an estimated ongoing annual                     In addition, the Commission staff                  incur, on average, an estimated ongoing
                                                internal cost of compliance of                           estimates that all respondents will                   annual internal cost of compliance of
                                                $2,378,728 ($54,062 per respondent × 44                  incur, on average, annual costs of                    $9,724,660 ($221,015 per respondent ×
                                                respondents).                                            $146,080 ($3,320 × 44 respondents) for                44 respondents).
                                                   In addition, the Commission staff                     outside legal advice in preparation of                   Rule 1003(b)(3) requires each SCI
                                                estimates that respondents will incur,                   certain notifications required by Rule                entity to submit the report of the SCI
                                                on average, annual costs of $255,200                     1002(c).                                              review to the Commission and to its


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                                                34182                          Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Notices

                                                board of directors or the equivalent of                  estimates that the 2 new respondents                  estimated ongoing internal cost of
                                                such board, together with any response                   would incur an initial internal cost of               compliance of $18,975 ($1,725 × 11
                                                by senior management, within 60                          compliance of $85,056 ($42,528 per                    respondents).
                                                calendar days after its submission to                    respondent × 2 respondents). In                         Written comments are invited on: (a)
                                                senior management. These reports are                     addition, all respondents will incur, on              Whether the proposed collection of
                                                required to be submitted on Form SCI.                    average, an estimated ongoing annual                  information is necessary for the proper
                                                The Commission staff estimates that the                  internal cost of compliance of $677,468               performance of the functions of the
                                                total annual ongoing burden for all                      ($15,397 per respondent × 44                          Commission, including whether the
                                                respondents will be, on average, 44                      respondents).                                         information shall have practical utility;
                                                hours (1 hour per respondent × 44                          Rule 1003(a)(1) requires each SCI                   (b) the accuracy of the Commission’s
                                                respondents). The Commission staff                       entity to establish reasonable written                estimates of the burden of the proposed
                                                estimates that all respondents will                      criteria for identifying a change to its              collection of information; (c) ways to
                                                incur, on average, an estimated ongoing                  SCI systems and the security of indirect              enhance the quality, utility, and clarity
                                                annual internal cost of compliance of                    SCI systems as material. The                          of the information to be collected; and
                                                $18,128 ($412 per respondent × 44                        Commission staff estimates that the total             (d) ways to minimize the burden of the
                                                respondents).                                            annual initial recordkeeping burden for               collection of information on
                                                  In addition, the Commission staff                      2 new respondents will be 228 hours                   respondents, including through the use
                                                estimates that all respondents will                      (114 hours per respondent × 2                         of automated collection techniques or
                                                incur, on average, annual costs of                       respondents), and the annual ongoing                  other forms of information technology.
                                                $2,200,000 ($50,000 × 44 respondents)                    recordkeeping burden for all                          Consideration will be given to
                                                for outside legal advice in preparation of               respondents will be, on average, 1,188                comments and suggestions submitted in
                                                certain notifications required by Rule                   hours (27 hours per respondent × 44                   writing within 60 days of this
                                                1003(b).                                                 respondents). The Commission staff                    publication.
                                                  Rule 1006 requires each SCI entity,                    estimates that the 2 new respondents                    An agency may not conduct or
                                                with a few exceptions, to file any                       would incur an initial internal cost of               sponsor, and a person is not required to
                                                notification, review, description,                       compliance of $85,056 ($42,528 per                    respond to, a collection of information
                                                analysis, or report to the Commission                    respondent × 2 respondents). In                       under the PRA unless it displays a
                                                required under Regulation SCI                            addition, all respondents will incur, on              currently valid OMB control number.
                                                electronically on Form SCI through the                   average, an estimated ongoing annual                    Please direct your written comments
                                                EFFS. An SCI entity will submit to the                   internal cost of compliance of $507,584               to: Pamela Dyson, Director/Chief
                                                Commission an EAUF to register each                      ($11,536 per respondent × 44                          Information Officer, Securities and
                                                individual at the SCI entity who will                    respondents).                                         Exchange Commission, c/o Candace
                                                access the EFFS system on behalf of the                    Regulation SCI also requires SCI
                                                                                                                                                               Kenner, 100 F Street NE, Washington,
                                                SCI entity. The Commission staff                         entities to identify certain types of
                                                                                                                                                               DC 20549, or send an email to: PRA_
                                                estimates that the total annual initial                  events and systems. The Commission
                                                                                                                                                               Mailbox@sec.gov.
                                                burden for 2 new respondents will be                     staff estimates that the total annual
                                                0.6 hours (0.3 hours per respondent × 2                  initial recordkeeping burden for 2 new                  Dated: July 13, 2018.
                                                respondents), and the annual ongoing                     respondents will be 396 hours (198                    Eduardo A. Aleman,
                                                burden for all respondents will be, on                   hours per respondent × 2 respondents),                Assistant Secretary.
                                                average, 6.6 hours (0.15 hours per                       and the annual ongoing recordkeeping                  [FR Doc. 2018–15381 Filed 7–18–18; 8:45 am]
                                                respondent × 44 respondents). The                        burden for all respondents will be, on                BILLING CODE 8011–01–P
                                                Commission staff estimates that the 2                    average, 1,716 hours (39 hours per
                                                new respondents would incur an initial                   respondent × 44 respondents). The
                                                internal cost of compliance of $248                      Commission staff estimates that the 2                 SECURITIES AND EXCHANGE
                                                ($124 per respondent × 2 respondents),                   new respondents would incur an initial                COMMISSION
                                                as well as outside costs to obtain a                     internal cost of compliance of $139,412
                                                digital ID of $100 ($50 per respondent                   ($69,706 per respondent × 2                           [Release No. 34–83635; File No. SR–CHX–
                                                × 2 respondents). In addition, all                       respondents). In addition, all                        2018–004]
                                                respondents will incur, on average, an                   respondents will incur, on average, an
                                                estimated ongoing annual internal cost                   estimated ongoing annual internal cost                Self-Regulatory Organizations;
                                                of compliance of $2,728 ($62 per                         of compliance of $677,468 ($15,397 per                Chicago Stock Exchange, Inc.; Notice
                                                respondent × 44 respondents), as well as                 respondent × 44 respondents).                         of Filing of Amendment Nos. 2 and 3
                                                outside costs to obtain a digital ID of                    Rules 1005 and 1007 establish                       and Order Granting Accelerated
                                                $2,200 ($50 per respondent × 44                          recordkeeping requirements for SCI                    Approval of a Proposed Rule Change,
                                                respondents).                                            entities other than SROs. The                         as Modified by Amendments Nos. 1, 2,
                                                  Rule 1002(a) requires each SCI entity,                 Commission staff estimates that for a                 and 3 Thereto, in Connection With a
                                                upon any responsible SCI personnel                       new respondent that is not an SRO the                 Proposed Transaction Involving CHX
                                                having a reasonable basis to conclude                    average annual initial burden would be                Holdings, Inc. and the Intercontinental
                                                that an SCI event has occurred, to begin                 170 hours (170 hours × 1 respondent),                 Exchange, Inc.
                                                to take appropriate corrective action.                   and the annual ongoing burden for all
                                                The Commission staff estimates that the                  respondents will be, on average, 275                  July 13, 2018.
                                                total annual initial recordkeeping                       hours (25 hours × 11 respondents). The
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                                                                                                                                                               I. Introduction
                                                burden for 2 new respondents will be                     Commission staff estimates that a new
                                                228 hours (114 hours per respondent ×                    respondent would incur an estimated                      On May 8, 2018, the Chicago Stock
                                                2 respondents), and the annual ongoing                   internal initial internal cost of                     Exchange, Inc. (‘‘CHX’’ or ‘‘Exchange’’)
                                                recordkeeping burden for all                             compliance of $11,370, as well as a one-              filed with the Securities and Exchange
                                                respondents will be, on average, 1,716                   time cost of $900 to modify existing                  Commission (‘‘Commission’’), pursuant
                                                hours (39 hours per respondent × 44                      recordkeeping systems. In addition, all               to Section 19(b)(1) of the Securities
                                                respondents). The Commission staff                       respondents will incur, on average, an                Exchange Act of 1934 (‘‘Exchange


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Document Created: 2018-07-19 01:35:09
Document Modified: 2018-07-19 01:35:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 34179 

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