Privacy Act of 1974; System of Records, 76097-76100 [2022-26944]
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Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Notices
operative delay and designates the
proposal operative upon filing.13
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.14
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
lotter on DSK11XQN23PROD with NOTICES1
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2022–069.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2022–069. 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 website (https://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 website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
13 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
14 15 U.S.C. 78s(b)(3)(C).
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office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NASDAQ–2022–069, and
should be submitted on or before
January 3,2023.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–26865 Filed 12–9–22; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–96454; File No. SR–
NYSEAMER–2022–45]
Self-Regulatory Organizations; NYSE
American LLC; Notice of Withdrawal of
a Proposed Rule Change To Amend
the NYSE American Options Fee
Schedule Concerning the Options
Regulatory Fee
December 6, 2022.
On September 28, 2022, NYSE
American LLC (‘‘NYSE American’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 1 and Rule 19b–
4 thereunder,2 a proposed rule change
to amend its Fee Schedule regarding its
Options Regulatory Fee. The proposed
rule change was immediately effective
upon filing with the Commission
pursuant to Section 19(b)(3)(A) of the
Act.3 The proposed rule change was
published for comment in the Federal
Register on October 19, 2022.4 On
November 14, 2022, NYSE American
withdrew the proposed rule change
(SR–NYSEAMER–2022–45).
15 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A). A proposed rule change
may take effect upon filing with the Commission if
it is designated by the exchange as ‘‘establishing or
changing a due, fee, or other charge imposed by the
self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory
organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii).
4 See Securities Exchange Act Release No. 96066
(October 13, 2022), 87 FR 63565.
1 15
Frm 00074
Fmt 4703
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.5
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–26867 Filed 12–9–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–96453; File No. SR–MEMX–
2022–28]
Self-Regulatory Organizations; MEMX
LLC; Notice of Withdrawal of a
Proposed Rule Change To Amend Its
Fee Schedule To Adopt Market Data
Fees
December 6, 2022.
SECURITIES AND EXCHANGE
COMMISSION
PO 00000
76097
Sfmt 4703
On September 21, 2022, MEMX LLC
(‘‘MEMX’’) filed with the Securities and
Exchange Commission (‘‘Commission’’),
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 1 and
Rule 19b–4 thereunder,2 a proposed rule
change to amend its Fee Schedule to
adopt fees for its market data products.
The proposed rule change was
immediately effective upon filing with
the Commission pursuant to Section
19(b)(3)(A) of the Act.3 The proposed
rule change was published for comment
in the Federal Register on October 11,
2022.4 On November 18, 2022, MEMX
withdrew the proposed rule change
(SR–MEMX–2022–28).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.5
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–26866 Filed 12–9–22; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. PA–58; File No. S7–28–22]
Privacy Act of 1974; System of
Records
Securities and Exchange
Commission.
AGENCY:
5 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A). A proposed rule change
may take effect upon filing with the Commission if
it is designated by the exchange as ‘‘establishing or
changing a due, fee, or other charge imposed by the
self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory
organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii).
4 See Securities Exchange Act Release No. 95981
(October 4, 2022), 87 FR 61379.
5 17 CFR 200.30–3(a)(12).
1 15
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ACTION:
Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Notices
Notice of a new system of
FOR FURTHER INFORMATION CONTACT:
records.
The Securities and Exchange
Commission (SEC) proposes to establish
SEC–35, Reasonable and Religious
Accommodation Programs under the
Privacy Act of 1974. The information in
the system concerns employees,
applicants, and members of the public
who request or receive reasonable
accommodations based on a medical
condition or disability, or a sincerely
held religious belief, practice, or
observance. The SEC collects this
information to evaluate, approve, deny,
or implement requests for reasonable
accommodations. This system will also
allow the SEC to track and report the
processing of requests for reasonable
accommodations.
DATES: The changes will become
effective January 6, 2023, to permit
public comment on the routine uses.
The Commission will publish a new
notice if the effective date is delayed to
review comments or if changes are made
based on comments received. To assure
consideration, comments should be
received on or before January 6, 2023.
ADDRESSES: Comments may be
submitted by any of the following
methods:
SUMMARY:
lotter on DSK11XQN23PROD with NOTICES1
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/other.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number S7–
28–22 on the subject line.
Paper Comments
• Send paper comments to Secretary,
U.S. Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to S7–28–
22. This file number should be included
on the subject line if email is used. To
help process and review your comments
more efficiently, please use only one
method. The Commission will post all
comments on the Commission’s internet
website (https://www.sec.gov/rules/
other.shtml). Typically, comments are
also available for website 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
a.m. and 3 p.m. Operating conditions
may limit access to the Commission’s
public reference room. All comments
received will be posted without change;
we do not edit personal identifying
information from submissions. You
should submit only information that
you wish to make publicly available.
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Ronnette McDaniel, Privacy and
Information Assurance Branch Chief,
202–551–7200 or privacyhelp@sec.gov.
SUPPLEMENTARY INFORMATION: In order to
collect and maintain information to
evaluate, approve, deny, or implement
requests for reasonable accommodation
based on a medical condition or
disability, or a sincerely held religious
belief, practice, or observance, the SEC
is establishing SEC–35, Reasonable and
Religious Accommodation Programs,
under the Privacy Act. The SEC is
committed to providing reasonable
accommodations related to a disability
or sincerely held religious belief to
allow SEC personnel to perform the
essential functions of their jobs,
participate in programs, and enjoy the
benefits of employment. Records may
include email correspondence with SEC
personnel and requestors regarding
reasonable accommodations,
documentation submitted in support of
a request for a reasonable
accommodation, and reasonable
accommodation determinations.
Information from this system of records
will be collected, maintained, and
disclosed in accordance with applicable
law, regulations, and statutes, including,
but not limited to, Title VII of the Civil
Rights Act of 1964, as amended, 42
U.S.C. 2000e et seq.; Sections 501, 503,
504, and 508 of the Rehabilitation Act
of 1973; and the Americans with
Disabilities Act of 1990, as amended, 42
U.S.C. 12101 et seq.
SYSTEM NAME AND NUMBER:
SEC–35 Reasonable and Religious
Accommodation Programs.
SECURITY CLASSIFICATION:
Non-classified.
SYSTEM LOCATION:
Securities and Exchange Commission
(SEC), 100 F Street NE, Washington, DC
20549. Files may also be maintained in
the following SEC Regional Offices:
Atlanta Regional Office (ARO), 950 East
Paces Ferry Road NE, Suite 900, Atlanta,
GA 30326–1382; Boston Regional Office
(BRO), 33 Arch Street, 24th Floor,
Boston, MA 02110–1424; Chicago
Regional Office (CHRO), 175 W Jackson
Boulevard, Suite 1450, Chicago, IL
60604; Denver Regional Office (DRO),
Byron Rogers Federal Office Building,
1961 Stout Street Suite 1700, Denver,
CO 80294–1961; Fort Worth Regional
Office (FWRO), Burnett Plaza, 801
Cherry Street, Suite 1900, Unit 18, Fort
Worth, TX 76102; Los Angeles Regional
Office (LARO), 444 South Flower Street,
Suite 900, Los Angeles, CA 90071;
Miami Regional Office (MIRO), 801
PO 00000
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Brickell Avenue, Suite 1950, Miami, FL
33131; New York Regional Office
(NYRO), 100 Pearl Street, Suite 20–100,
New York, NY 10004–2616;
Philadelphia Regional Office (PLRO),
One Penn Center, 1617 John F. Kennedy
Boulevard, Suite 520, Philadelphia, PA
19103–1844; Salt Lake Regional Office
(SLRO), 351 S West Temple St., Suite
6.100, Salt Lake City, UT 84101; and
San Francisco Regional Office (SFRO),
44 Montgomery Street, Suite 2800, San
Francisco, CA 94104.
SYSTEM MANAGER(S):
Chief Human Capital Officer (CHCO),
Securities and Exchange Commission,
Office of Human Resources, 100 F
Street, NE, Washington, DC 20549.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e et
seq.; Sections 501, 503, 504, and 508 of
the Rehabilitation Act of 1973;),
Americans with Disabilities Act of 1990,
as amended (ADA), Executive Order
13164, Requiring Federal Agencies To
Establish Procedures To Facilitate the
Provision of Reasonable
Accommodation (July 26, 2000); 5 CFR
part 339; 29 CFR part 1602 and 1614;
and Employment Opportunity
Commission (EEOC) religious
accommodation program regulations
and guidance.
PURPOSE(S) OF THE SYSTEM:
The information in the system
concerns employees, applicants, and
members of the public who request or
receive reasonable accommodations
based on a medical condition or
disability, or a sincerely held religious
belief, practice, or observance. The SEC
collects this information to evaluate,
approve, deny, or implement requests
for reasonable accommodations. This
system will also allow the SEC to track
and report the processing of requests for
reasonable accommodations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
SEC personnel (political appointees,
employees, consultants, detailees,
interns, and volunteers) who request or
receive reasonable accommodations
during their employment; contractors,
job applicants, and members of the
public who request reasonable
accommodations (Requestors); and
individuals whom SEC personnel or
Requestors authorize to submit
information in support of their request
(e.g., family members or attorneys).
CATEGORIES OF RECORDS IN THE SYSTEM:
Information collected and maintained
may include, but is not limited to:
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—Email correspondence with SEC personnel
and Requestors regarding reasonable
accommodations, documentation
submitted in support of a request for a
reasonable accommodation, and reasonable
accommodation determinations.
—Specific data elements may include: name,
work address, work phone, work email
address, office name, office location,
position title, occupational series, pay
grade, bargaining unit status, reasonable
accommodation requested, reasonable
accommodation request date, medical
information, disability condition, work
related limitations, disability status,
religious beliefs, reason for seeking a
reasonable accommodation, position
related information, case notes,
accommodation decision, decision basis,
effective date of approved accommodation,
decision-making official name and title,
and contact information for individuals
authorized to submit information in
support of a request and for individuals
responsible for processing requests.
RECORD SOURCE CATEGORIES:
Information is obtained from the
requesting individual to whom the
accommodation applies; persons
authorized to act on behalf of the
requesting individual (e.g., spouse,
union representative, legal counsel, or
colleague); authorized individuals
responsible for processing requests such
as the Disability Program Officer (DPO),
Reasonable Accommodation
Coordinator (RAC), or Chief Human
Capital Officer (CHCO); an employee’s
supervisor; medical provider(s); medical
institutions; and agency medical
physician(s).
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records
or information contained therein may
specifically be disclosed outside the
Commission as a routine use pursuant
to 5 U.S.C. 552 a(b)(3) as follows:
1. When (1) it is suspected or
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (2) the SEC has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
SEC or another agency or entity) that
rely upon the compromised
information; and (3) the disclosure is
made to such agencies, entities, and
persons who are reasonably necessary to
assist in connection with the SEC’s
efforts to respond to the suspected or
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confirmed compromise and prevent,
minimize, or remedy such harm.
2. Where there is an indication of a
violation or potential violation of law,
whether civil, criminal, or regulatory in
nature, the relevant records may be
referred to the appropriate agency,
whether federal, state, local, or foreign,
charged with the responsibility of
investigating or prosecuting such
violation or charged with enforcing or
implementing the applicable statute,
rule, regulation, or order.
3. In connection with any judicial or
administrative proceeding in which the
Commission or past or present members
of its staff is a party or otherwise
involved in an official capacity.
4. To any persons during the course
of any inquiry, examination, or
investigation conducted by the SEC’s
staff, or in connection with civil
litigation, if the staff has reason to
believe that the person to whom the
record is disclosed may have further
information about the matters related
therein, and those matters appeared to
be relevant at the time to the subject
matter of the inquiry.
5. To respond to subpoenas in any
litigation or other proceeding.
6. To a Congressional office from the
record of an individual in response to
an inquiry from the Congressional office
made at the request of that individual.
7. To members of Congress, the
Government Accountability Office, or
others charged with monitoring the
work of the Commission or conducting
records management inspections.
8. To interns, grantees, experts,
contractors, and others who have been
engaged by the Commission to assist in
the performance of a service related to
this system of records and who need
access to the records for the purpose of
assisting the Commission in the efficient
administration of its programs.
Recipients of these records shall be
required to comply with the
requirements of the Privacy Act of 1974,
as amended, 5 U.S.C. 552a.
9. To any person who is or has agreed
to be subject to the Commission’s Rules
of Conduct regarding non-disclosure,
particularly 17 CFR 200.735–3(b)(2), or
has otherwise agreed to comply with
provisions restricting the disclosure of
SEC nonpublic information.
10. To another Federal agency or
Federal entity, when the SEC
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
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Fmt 4703
Sfmt 4703
76099
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records in this system of records are
stored electronically or on paper in
secure facilities. Electronic records are
stored on the SEC’s secure network.
Records are maintained in electronic
format and on paper in file folders in
Microsoft outlook with Access to and
use of these records limited to those
persons whose official duties require
such access and on electronic media
through computerized records stored in
the case management system.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
These records are retrieved by the
Requestor’s name and/or case number
that is assigned to the request in the
systems of records and/or by office or
region.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The records will be maintained until
they become inactive, at which time
they will be retired or destroyed in
accordance with records schedules of
the United States Securities and
Exchange Commission, and as approved
by the National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access to SEC facilities, data centers,
and information or information systems
is limited to authorized personnel with
official duties requiring access. SEC
facilities are equipped with security
cameras and, at certain SEC facilities,
24-hour security guard service.
Computerized records are safeguarded
in a secured environment. Security
protocols meet the promulgating
guidance as established by the National
Institute of Standards and Technology
(NIST) Security Standards from Access
Control to Data Encryption and Security
Assessment & Authorization (SA&A).
Records are maintained in a secure,
password-protected electronic system
that will utilize commensurate
safeguards that may include: firewalls,
intrusion detection and prevention
systems, and role-based access controls.
Additional safeguards will vary by
program. All records are protected from
unauthorized access through
appropriate administrative, operational,
and technical safeguards. These
safeguards include: restricting access to
authorized personnel who have a ‘‘need
to know’’; using locks; and using
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Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Notices
password protection identification
features. Contractors and other
recipients providing services to the
Commission shall be required to
maintain equivalent safeguards.
RECORD ACCESS PROCEDURES:
Persons seeking to gain access to any
record contained in this system of
records may inquire in writing in
accordance with instructions in SEC
Privacy Act Regulations; 17 CFR
200.301 et seq. Address such request to:
FOIA/PA Officer, Securities and
Exchange Commission, 100 F Street NE,
Washington, DC 20549–2465
CONTESTING RECORD PROCEDURES:
Persons seeking to contest the content
of any record contained in this system
of records may inquire in writing in
accordance with instructions in SEC
Privacy Act Regulations, 17 CFR
200.301 et seq. Address such requests
to: FOIA/PA Officer, Securities and
Exchange Commission, 100 F Street NE,
Washington, DC 20549–2465.
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures’’
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
meeting will be posted on the
Commission’s website at https://
www.sec.gov.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
The subject matter of the closed
meeting will consist of the following
topics:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings;
Resolution of litigation claims; and
Other matters relating to examinations
and enforcement proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting agenda items that
may consist of adjudicatory,
examination, litigation, or regulatory
matters.
CONTACT PERSON FOR MORE INFORMATION:
For further information; please contact
Vanessa A. Countryman from the Office
of the Secretary at (202) 551–5400.
Authority: 5 U.S.C. 552b.
New SORN.
By the Commission.
Dated: December 7, 2022.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022–27038 Filed 12–8–22; 4:15 pm]
BILLING CODE 8011–01–P
[FR Doc. 2022–26944 Filed 12–9–22; 8:45 am]
SMALL BUSINESS ADMINISTRATION
BILLING CODE 8011–01–P
Data Collection Available for Public
Comments
SECURITIES AND EXCHANGE
COMMISSION
60-Day notice and request for
comments.
ACTION:
Sunshine Act Meetings
The Small Business
Administration (SBA) intends to request
approval, from the Office of
Management and Budget (OMB) for the
collection of information described
below. The Paperwork Reduction Act
(PRA) of 1995 requires federal agencies
to publish a notice in the Federal
Register concerning each proposed
collection of information before
submission to OMB, and to allow 60
days for public comment in response to
the notice. This notice complies with
that requirement.
DATES: Submit comments on or before
February 10, 2023.
ADDRESSES: Send all comments to
Tamara Jennings, Office of Financial
Assistance, Small Business
Administration, Washington, DC 20416.
SUMMARY:
2:00 p.m. on Thursday,
December 15, 2022.
PLACE: The meeting will be held via
remote means and/or at the
Commission’s headquarters, 100 F
Street NE, Washington, DC 20549.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
In the event that the time, date, or
location of this meeting changes, an
announcement of the change, along with
the new time, date, and/or place of the
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TIME AND DATE:
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Tamara Jennings, Office of Financial
Assistance, tamara.jennings@sba.gov, or
Curtis B. Rich, Agency Clearance
Officer, (202) 205–7030, curtis.rich@
sba.gov.
Small
Business Administration Form 700
provides a record of interviews
conducted by SBA personnel with small
business owners, homeowners and
renters (disaster survivors) who seek
financial assistance to help in the
recovery from physical or economic
disasters. The basic information
collected helps the Agency to make
preliminary eligibility assessment when
an electronic application is not
accessible.
SUPPLEMENTARY INFORMATION:
Solicitation of Public Comments
SBA is requesting comments on (a)
Whether the collection of information is
necessary for the agency to properly
perform its functions; (b) whether the
burden estimates are accurate; (c)
whether there are ways to minimize the
burden, including through the use of
automated techniques or other forms of
information technology; and (d) whether
there are ways to enhance the quality,
utility, and clarity of the information.
Summary of Information Collection
Dated: December 8, 2022.
Vanessa A. Countryman,
Secretary.
HISTORY:
FOR FURTHER INFORMATION CONTACT:
OMB Control Number: 3245–0084.
Title: Disaster Home/Business Loan
Inquiry Record.
Description of Respondents: Disaster
Recovery Victims.
Form Number: SBA Form 700.
Total Estimated Annual Responses:
46,638.
Total Estimated Annual Hour Burden:
11,660.
Curtis Rich,
Agency Clearance Officer.
[FR Doc. 2022–26891 Filed 12–9–22; 8:45 am]
BILLING CODE 8026–09–P
DEPARTMENT OF STATE
[Public Notice: 11935]
Notice of Public Meeting in Preparation
for International Maritime Organization
SDC 9 Meeting
The Department of State will conduct
a public meeting at 1:00 p.m. on
Wednesday, January 18, 2023, by way of
both in-person at Coast Guard
Headquarters in Washington, DC and
teleconference. The primary purpose of
the meeting is to prepare for the 9th
session of the International Maritime
Organization’s (IMO) Subcommittee on
Ship Design and Construction (SDC 9)
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Agencies
[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Notices]
[Pages 76097-76100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26944]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. PA-58; File No. S7-28-22]
Privacy Act of 1974; System of Records
AGENCY: Securities and Exchange Commission.
[[Page 76098]]
ACTION: Notice of a new system of records.
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SUMMARY: The Securities and Exchange Commission (SEC) proposes to
establish SEC-35, Reasonable and Religious Accommodation Programs under
the Privacy Act of 1974. The information in the system concerns
employees, applicants, and members of the public who request or receive
reasonable accommodations based on a medical condition or disability,
or a sincerely held religious belief, practice, or observance. The SEC
collects this information to evaluate, approve, deny, or implement
requests for reasonable accommodations. This system will also allow the
SEC to track and report the processing of requests for reasonable
accommodations.
DATES: The changes will become effective January 6, 2023, to permit
public comment on the routine uses. The Commission will publish a new
notice if the effective date is delayed to review comments or if
changes are made based on comments received. To assure consideration,
comments should be received on or before January 6, 2023.
ADDRESSES: Comments may be submitted by any of the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/other.shtml); or
Send an email to [email protected]. Please include
File Number S7-28-22 on the subject line.
Paper Comments
Send paper comments to Secretary, U.S. Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to S7-28-22. This file number should be
included on the subject line if email is used. To help process and
review your comments more efficiently, please use only one method. The
Commission will post all comments on the Commission's internet website
(https://www.sec.gov/rules/other.shtml). Typically, comments are also
available for website 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 a.m. and 3 p.m. Operating
conditions may limit access to the Commission's public reference room.
All comments received will be posted without change; we do not edit
personal identifying information from submissions. You should submit
only information that you wish to make publicly available.
FOR FURTHER INFORMATION CONTACT: Ronnette McDaniel, Privacy and
Information Assurance Branch Chief, 202-551-7200 or
[email protected].
SUPPLEMENTARY INFORMATION: In order to collect and maintain information
to evaluate, approve, deny, or implement requests for reasonable
accommodation based on a medical condition or disability, or a
sincerely held religious belief, practice, or observance, the SEC is
establishing SEC-35, Reasonable and Religious Accommodation Programs,
under the Privacy Act. The SEC is committed to providing reasonable
accommodations related to a disability or sincerely held religious
belief to allow SEC personnel to perform the essential functions of
their jobs, participate in programs, and enjoy the benefits of
employment. Records may include email correspondence with SEC personnel
and requestors regarding reasonable accommodations, documentation
submitted in support of a request for a reasonable accommodation, and
reasonable accommodation determinations. Information from this system
of records will be collected, maintained, and disclosed in accordance
with applicable law, regulations, and statutes, including, but not
limited to, Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. 2000e et seq.; Sections 501, 503, 504, and 508 of the
Rehabilitation Act of 1973; and the Americans with Disabilities Act of
1990, as amended, 42 U.S.C. 12101 et seq.
SYSTEM NAME AND NUMBER:
SEC-35 Reasonable and Religious Accommodation Programs.
SECURITY CLASSIFICATION:
Non-classified.
SYSTEM LOCATION:
Securities and Exchange Commission (SEC), 100 F Street NE,
Washington, DC 20549. Files may also be maintained in the following SEC
Regional Offices: Atlanta Regional Office (ARO), 950 East Paces Ferry
Road NE, Suite 900, Atlanta, GA 30326-1382; Boston Regional Office
(BRO), 33 Arch Street, 24th Floor, Boston, MA 02110-1424; Chicago
Regional Office (CHRO), 175 W Jackson Boulevard, Suite 1450, Chicago,
IL 60604; Denver Regional Office (DRO), Byron Rogers Federal Office
Building, 1961 Stout Street Suite 1700, Denver, CO 80294-1961; Fort
Worth Regional Office (FWRO), Burnett Plaza, 801 Cherry Street, Suite
1900, Unit 18, Fort Worth, TX 76102; Los Angeles Regional Office
(LARO), 444 South Flower Street, Suite 900, Los Angeles, CA 90071;
Miami Regional Office (MIRO), 801 Brickell Avenue, Suite 1950, Miami,
FL 33131; New York Regional Office (NYRO), 100 Pearl Street, Suite 20-
100, New York, NY 10004-2616; Philadelphia Regional Office (PLRO), One
Penn Center, 1617 John F. Kennedy Boulevard, Suite 520, Philadelphia,
PA 19103-1844; Salt Lake Regional Office (SLRO), 351 S West Temple St.,
Suite 6.100, Salt Lake City, UT 84101; and San Francisco Regional
Office (SFRO), 44 Montgomery Street, Suite 2800, San Francisco, CA
94104.
SYSTEM MANAGER(S):
Chief Human Capital Officer (CHCO), Securities and Exchange
Commission, Office of Human Resources, 100 F Street, NE, Washington, DC
20549.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
2000e et seq.; Sections 501, 503, 504, and 508 of the Rehabilitation
Act of 1973;), Americans with Disabilities Act of 1990, as amended
(ADA), Executive Order 13164, Requiring Federal Agencies To Establish
Procedures To Facilitate the Provision of Reasonable Accommodation
(July 26, 2000); 5 CFR part 339; 29 CFR part 1602 and 1614; and
Employment Opportunity Commission (EEOC) religious accommodation
program regulations and guidance.
PURPOSE(S) OF THE SYSTEM:
The information in the system concerns employees, applicants, and
members of the public who request or receive reasonable accommodations
based on a medical condition or disability, or a sincerely held
religious belief, practice, or observance. The SEC collects this
information to evaluate, approve, deny, or implement requests for
reasonable accommodations. This system will also allow the SEC to track
and report the processing of requests for reasonable accommodations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
SEC personnel (political appointees, employees, consultants,
detailees, interns, and volunteers) who request or receive reasonable
accommodations during their employment; contractors, job applicants,
and members of the public who request reasonable accommodations
(Requestors); and individuals whom SEC personnel or Requestors
authorize to submit information in support of their request (e.g.,
family members or attorneys).
CATEGORIES OF RECORDS IN THE SYSTEM:
Information collected and maintained may include, but is not
limited to:
[[Page 76099]]
--Email correspondence with SEC personnel and Requestors regarding
reasonable accommodations, documentation submitted in support of a
request for a reasonable accommodation, and reasonable accommodation
determinations.
--Specific data elements may include: name, work address, work
phone, work email address, office name, office location, position
title, occupational series, pay grade, bargaining unit status,
reasonable accommodation requested, reasonable accommodation request
date, medical information, disability condition, work related
limitations, disability status, religious beliefs, reason for
seeking a reasonable accommodation, position related information,
case notes, accommodation decision, decision basis, effective date
of approved accommodation, decision-making official name and title,
and contact information for individuals authorized to submit
information in support of a request and for individuals responsible
for processing requests.
RECORD SOURCE CATEGORIES:
Information is obtained from the requesting individual to whom the
accommodation applies; persons authorized to act on behalf of the
requesting individual (e.g., spouse, union representative, legal
counsel, or colleague); authorized individuals responsible for
processing requests such as the Disability Program Officer (DPO),
Reasonable Accommodation Coordinator (RAC), or Chief Human Capital
Officer (CHCO); an employee's supervisor; medical provider(s); medical
institutions; and agency medical physician(s).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the Commission as a
routine use pursuant to 5 U.S.C. 552 a(b)(3) as follows:
1. When (1) it is suspected or confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the SEC has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the SEC or another agency or entity) that rely upon the
compromised information; and (3) the disclosure is made to such
agencies, entities, and persons who are reasonably necessary to assist
in connection with the SEC's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
2. Where there is an indication of a violation or potential
violation of law, whether civil, criminal, or regulatory in nature, the
relevant records may be referred to the appropriate agency, whether
federal, state, local, or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the applicable statute, rule, regulation, or order.
3. In connection with any judicial or administrative proceeding in
which the Commission or past or present members of its staff is a party
or otherwise involved in an official capacity.
4. To any persons during the course of any inquiry, examination, or
investigation conducted by the SEC's staff, or in connection with civil
litigation, if the staff has reason to believe that the person to whom
the record is disclosed may have further information about the matters
related therein, and those matters appeared to be relevant at the time
to the subject matter of the inquiry.
5. To respond to subpoenas in any litigation or other proceeding.
6. To a Congressional office from the record of an individual in
response to an inquiry from the Congressional office made at the
request of that individual.
7. To members of Congress, the Government Accountability Office, or
others charged with monitoring the work of the Commission or conducting
records management inspections.
8. To interns, grantees, experts, contractors, and others who have
been engaged by the Commission to assist in the performance of a
service related to this system of records and who need access to the
records for the purpose of assisting the Commission in the efficient
administration of its programs. Recipients of these records shall be
required to comply with the requirements of the Privacy Act of 1974, as
amended, 5 U.S.C. 552a.
9. To any person who is or has agreed to be subject to the
Commission's Rules of Conduct regarding non-disclosure, particularly 17
CFR 200.735-3(b)(2), or has otherwise agreed to comply with provisions
restricting the disclosure of SEC nonpublic information.
10. To another Federal agency or Federal entity, when the SEC
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system of records are stored electronically or on
paper in secure facilities. Electronic records are stored on the SEC's
secure network. Records are maintained in electronic format and on
paper in file folders in Microsoft outlook with Access to and use of
these records limited to those persons whose official duties require
such access and on electronic media through computerized records stored
in the case management system.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records are retrieved by the Requestor's name and/or case
number that is assigned to the request in the systems of records and/or
by office or region.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records will be maintained until they become inactive, at which
time they will be retired or destroyed in accordance with records
schedules of the United States Securities and Exchange Commission, and
as approved by the National Archives and Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to SEC facilities, data centers, and information or
information systems is limited to authorized personnel with official
duties requiring access. SEC facilities are equipped with security
cameras and, at certain SEC facilities, 24-hour security guard service.
Computerized records are safeguarded in a secured environment. Security
protocols meet the promulgating guidance as established by the National
Institute of Standards and Technology (NIST) Security Standards from
Access Control to Data Encryption and Security Assessment &
Authorization (SA&A). Records are maintained in a secure, password-
protected electronic system that will utilize commensurate safeguards
that may include: firewalls, intrusion detection and prevention
systems, and role-based access controls. Additional safeguards will
vary by program. All records are protected from unauthorized access
through appropriate administrative, operational, and technical
safeguards. These safeguards include: restricting access to authorized
personnel who have a ``need to know''; using locks; and using
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password protection identification features. Contractors and other
recipients providing services to the Commission shall be required to
maintain equivalent safeguards.
RECORD ACCESS PROCEDURES:
Persons seeking to gain access to any record contained in this
system of records may inquire in writing in accordance with
instructions in SEC Privacy Act Regulations; 17 CFR 200.301 et seq.
Address such request to: FOIA/PA Officer, Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-2465
CONTESTING RECORD PROCEDURES:
Persons seeking to contest the content of any record contained in
this system of records may inquire in writing in accordance with
instructions in SEC Privacy Act Regulations, 17 CFR 200.301 et seq.
Address such requests to: FOIA/PA Officer, Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-2465.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
New SORN.
By the Commission.
Dated: December 7, 2022.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-26944 Filed 12-9-22; 8:45 am]
BILLING CODE 8011-01-P