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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Proposed Rules

5. Revise 304.1 to read as follows:

304.1

Purpose.

This subpart informs the public where it may obtain forms and instructions for reports, applications, and other submittals used by the FDIC, and describes certain forms that are not described elsewhere in FDIC
regulations.
304.15304.20

Reserved
6. Reserve 304.15 through 304.20.
7. Add subpart C to read as follows:

Subpart CComputer-Security Incident Notification Sec.
304.21 Authority, purpose, and scope.
304.22 Definitions.
304.23 Notification.
304.24 Bank service provider notification.

Subpart CComputer-Security Incident Notification 304.21

Authority, purpose, and scope.

a Authority. This subpart is issued under the authority of 12 U.S.C. 1463, 1811, 1813, 1817, 1819, and 18611867.
b Purpose. This subpart promotes the timely notification of significant computer-security incidents that affect FDIC-supervised institutions and their service providers.
c Scope. This subpart applies to all insured state nonmember banks, insured state licensed branches of foreign banks, and State savings associations. This subpart also applies to bank service providers, as defined in 304.22b2.

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304.22

Definitions.

a Except as modified in this subpart, or unless the context otherwise requires, the terms used in this subpart have the same meanings as set forth in 12 U.S.C.
1813.
b For purposes of this subpart, the following definitions apply:
1 Banking organization means an FDIC-supervised insured depository institution, including all insured state nonmember banks, insured statelicensed branches of foreign banks, and State savings associations.
2 Bank service provider means a bank service company or other person providing services to a banking organization that is subject to the Bank Service Company Act 12 U.S.C. 1861
1867.
3 Business line means products or services offered by a banking organization to serve its customers or support other business needs.
4 Computer-security incident is an occurrence that:
i Results in actual or potential harm to the confidentiality, integrity, or availability of an information system or
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the information that the system processes, stores, or transmits; or ii Constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies.
5 Notification incident is a computer-security incident that a banking organization believes in good faith could materially disrupt, degrade, or impair i The ability of the banking organization to carry out banking operations, activities, or processes, or deliver banking products and services to a material portion of its customer base, in the ordinary course of business;
ii Any business line of a banking organization, including associated operations, services, functions and support, and would result in a material loss of revenue, profit, or franchise value; or iii Those operations of a banking organization, including associated services, functions and support, as applicable, the failure or discontinuance of which would pose a threat to the financial stability of the United States.
6 Person has the same meaning as set forth at 12 U.S.C. 1817j8A.
304.23

Notification.

A banking organization must notify the FDIC of a notification incident through any form of written or oral communication, including through any technological means, to a designated point of contact identified by the FDIC.
The FDIC must receive this notification from the banking organization as soon as possible and no later than 36 hours after the banking organization believes in good faith that a notification incident has occurred.
304.24 Bank service provider notification.

A bank service provider is required to notify at least two individuals at each affected banking organization customer immediately after the bank service provider experiences a computersecurity incident that it believes in good faith could disrupt, degrade, or impair services provided subject to the Bank Service Company Act 12 U.S.C. 1861
1867 for four or more hours.
304.25304.30

Reserved
8. Reserve 304.25 through 304.30.

Brian P. Brooks, Acting Comptroller of the Currency.
By order of the Board of Governors of the Federal Reserve System.
Ann Misback, Secretary of the Board.
Federal Deposit Insurance Corporation.

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By order of the Board of Directors.
Dated at Washington, DC, on or about December 15, 2020.
James P. Sheesley, Assistant Executive Secretary.
FR Doc. 202028498 Filed 11121; 8:45 am BILLING CODE 481033P; 621001P; 671401P

SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 240
Release No. 3490769; File No. S72320

Notice of Proposed Conditional Exemptive Order Granting a Conditional Exemption From the Information Review Requirement and the Recordkeeping Requirement Under the Securities Exchange Act of 1934
for Certain Publications or Submissions of Broker-Dealer Quotations on an Expert Market Securities and Exchange Commission.
ACTION: Notice of proposed conditional exemptive order; request for comment.
AGENCY:

Pursuant to Section 36a1 of the Securities Exchange Act of 1934 the Exchange Act and Rule 15c211
under the Exchange Act as published in the Federal Register on October 27, 2020, Amended Rule 15c211 or the Amended Rule, the Securities and Exchange Commission the SEC or the Commission is proposing to grant exemptive relief, subject to certain conditions, to permit broker-dealers to publish or submit proprietary quotations for securities, on a continuous basis, in a market where the distribution of such quotations is restricted to sophisticated or professional investors, without complying with the information review and recordkeeping requirements of Amended Rule 15c211a1i and d1iA, respectively.
DATES: Comments should be received on or before February 11, 2021.
ADDRESSES: Comments may be submitted by any of the following methods:
SUMMARY:

Electronic Comments Use the Commissions internet comment form https www.sec.gov/
rules/exorders.shtml; or Send an email to rule-comments@
sec.gov.
Paper Comments Send paper comments to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC
205491090.

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