Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Notices 2475 

37See supra notes 30–34 and accompanying text. 

38 15 U.S.C. 78s(b)(3)(A)(ii). 

39 17 CFR 240.19b–4(f)(2). 40 17 CFR 200.30–3(a)(12). 

third-parties that purchase the 

Exchange’s connectivity and resell it, 

and customers of those resellers, that 

the Exchange’s fees or the proposed fees 

for connectivity services would 

negatively impact their abilities to 

compete with other market participants 

or that they are placed at a 

disadvantage. The Exchange does not 

believe that the proposed fees for 

connectivity services place certain 

market participants at a relative 

disadvantage to other market 

participants because the proposed 

connectivity pricing is associated with 

relative usage of the Exchange by each 

market participant and does not impose 

a barrier to entry to smaller participants. 

As described above, the connectivity 

services purchased by market 

participants typically increase based on 

their additional message traffic and/or 

the complexity of their operations. The 

market participants that utilize more 

connectivity services typically utilize 

the most bandwidth, and those are the 

participants that consume the most 

resources from the network. 

Accordingly, the proposed fees for 

connectivity services do not favor 

certain categories of market participants 

in a manner that would impose a 

burden on competition; rather, the 

allocation of the proposed connectivity 

fees reflects the network resources 

consumed by the various size of market 

participants and the costs to the 

Exchange of providing such 

connectivity services. 

Inter-Market Competition 

The Exchange does not believes the 

proposed fees place an undue burden on 

competition on other SROs that is not 

necessary or appropriate. In particular, 

market participants are not forced to 

connect to all exchanges, as shown by 

the number of Members of the Exchange 

as compared to the much greater 

number of members at other exchanges, 

as described above. Not only does 

MEMX have less than half the number 

of members as certain other exchanges, 

but there are also a number of the 

Exchange’s Members that do not 

connect directly to the Exchange. 

Additionally, other exchanges have 

similar connectivity alternatives for 

their participants, but with higher rates 

to connect.37 The Exchange is also 

unaware of any assertion that the 

proposed fees for connectivity services 

would somehow unduly impair its 

competition with other exchanges. To 

the contrary, if the fees charged are 

deemed too high by market participants, 

they can simply disconnect. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange neither solicited nor 

received comments on the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 38 and Rule 

19b–4(f)(2) 39 thereunder. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

change should be approved or 

disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

MEMX–2021–22 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–MEMX–2021–22. 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 (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for 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 

office of the Exchange. All comments 

received will be posted without change; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–MEMX– 

2021–22 and should be submitted on or 

before February 4, 2022. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.40

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–00642 Filed 1–13–22; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA 2021–0051] 

Notice of Open Enrollment and Fee 

Increase for Our Electronic Consent 

Based Social Security Number 

Verification Service 

AGENCY: Social Security Administration. 

ACTION: Notice of open enrollment; fee 

increase. 

SUMMARY: The Social Security 

Administration (SSA) is announcing 

open enrollment and a change in the 

subscription tier structure and 

associated fees for the electronic 

Consent Based Social Security Number 

(SSN) Verification (eCBSV) service. SSA 

will open eCBSV enrollment in Fiscal 

Year (FY) 2022, to interested permitted 

entities (PEs), as defined in section 215 

of the Economic Growth, Regulatory 

Relief, and Consumer Protection Act 

(i.e., the Banking Bill). The open 

enrollment period for PEs will begin on 

February 21, 2022 and remain open 

indefinitely. In accordance with 

statutory requirements, PEs will be 


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2476 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Notices 

1The Banking Bill defines ‘‘fraud protection 

data’’ to mean a combination of an individual’s 

name (including the first name and any family 

forename or surname), SSN, and date of birth 

(including month, day, and year). Public Law 115– 

174, Title II, 215(b)(3), codified at 42 U.S.C. 

405b(b)(3). 

2The Banking Bill defines a ‘‘permitted entity’’ to 

mean a financial institution or service provider, 

subsidiary, affiliate, agent, subcontractor, or 

assignee of a financial institution. Public Law 115– 

174, Title II, 215(b)(4), codified at 42 U.S.C. 

405b(b)(4). 

3 Valid, signed consent must include a wet or 

electronic signature. Electronic signatures must 

meet the definition in section 106 of the Electronic 

Signatures in Global and National Commerce Act 

(15 U.S.C. 7006) and SSA requirements. 42 U.S.C. 

405b(f)(2). The written consent must clearly specify 

to whom the information may be disclosed, the 

information you want us to disclose (i.e., SSN 

verification) and, where applicable, during which 

timeframe the information may be disclosed (i.e., 

within either the time specified on the Written 

Consent, or within 90 calendar days from the date 

the SSN holder signs the Written Consent). See 20 

CFR 401.100(b). 

4The permitted entity must certify that (1) the 

entity is a permitted entity; (2) the entity is in 

compliance with section 215; (3) the entity is, and 

will remain, in compliance with its privacy and 

data security requirements in Title V of 15 U.S.C. 

6801, et seq., with respect to the information the 

entity receives from the Commissioner of Social 

Security pursuant to this section; and (4) the entity 

will retain sufficient records to demonstrate its 

compliance with its certification and section 215 for 

a period of not less than 2 years. 42 U.S.C. 

405b(e)(1)–(3). 

required to provide payment to 

reimburse SSA for the development and 

support of the eCBSV system. 

DATES: 

Applicability date for open 

enrollment: Open eCBSV enrollment for 

PEs will commence February 21, 2022, 

at 6:00 a.m. EST. 

Applicability date for fee increase: 

The revised subscription tier structure 

and associated fees will go into effect for 

subscription payments made on or after 

April 25, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Christopher David, Office of Data 

Exchange, Policy Publications, and 

International Negotiations, Social 

Security Administration, 6401 Security 

Boulevard, Baltimore, Maryland 21235– 

6401, (866) 395–8801, email eCBSV@

ssa.gov. 

For information on eligibility or filing 

for benefits, call SSA’s national toll-free 

number, 1–800–772–1213 or TTY 1– 

800–325–0778, or visit SSA’s internet 

site, Social Security Online, at http://

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: Section 

215 of the Banking Bill directs SSA to 

modify or develop a database for 

accepting and comparing fraud 

protection data 1 provided electronically 

by a PE.2 In response to this statutory 

directive, SSA created eCBSV, a feebased SSN verification service. eCBSV 

allows PEs to submit, after receipt of the 

number holder’s consent,3 the SSN, 

name, and date of birth of the number 

holder to SSA for verification via an 

application programming interface. 

Each PE must submit a statement that 

the PE is in compliance with the 

Banking Bill 4 in the comment section of 

their application to SSA. 

Enrollment 

SSA successfully implemented the 

eCBSV expanded rollout in FY 2021 to 

the remaining PEs that had previously 

submitted a valid application but were 

not selected as part of the limited initial 

rollout. eCBSV expanded rollout 

participation remains markedly lower 

than estimated by the financial industry 

and will result in increased fees to 

recover program costs incurred, as 

required by the Banking Bill. 

To encourage increased program 

participation, SSA will open eCBSV 

enrollment in February 2022, to 

interested PEs, as defined in section 215 

of the Banking Bill. The enrollment 

period to register for this service will 

open on February 21, 2022, at 6:00 a.m. 

EST, and will remain open indefinitely. 

After a thorough analysis, we 

determined that establishing an openended enrollment satisfies the 

requirements of the Banking Bill, helps 

increase program participation and 

transaction volumes, and aids in 

recovering costs. Additionally, opening 

the program to interested PEs starting 

February 21, 2022, provides new PEs 

with the flexibility to enroll at current 

subscription rates before the fee increase 

takes effect on April 25, 2022. 

PEs who wish to enroll, must: 

• Complete the technical registration 

requirements 

• use the eCBSV ‘‘Permitted Entity 

Registration’’ screen to provide 

company information 

• electronically sign an EIN Consent 

• receive their OAuth Client ID from 

SSA 

• configure requesting application to 

access the eCBSV Customer 

Connection and provide contact 

information 

• review, agree, and electronically sign 

the Permitted Entity Certification 

• review, agree, initial to all terms and 

conditions, and electronically sign the 

user agreement 

• purchase the tier subscription based 

on expected transaction volume 

Fees 

The public cost burden is dependent 

upon the number of PEs using the 

service and the annual transaction 

volume. To date, 11 PEs enrolled out of 

123 applications received to participate 

in eCBSV. We based the revised tier fee 

schedule below on 45 participating PEs 

in FY 2022 submitting an anticipated 

volume of 280,000,000 transactions. The 

total cost for developing the service is 

$50,000,000 through FY 2021, and SSA 

will recover the cost over a three-year 

period, assuming projected enrollments 

and transaction volumes meet our 

projections. 

eCBSV TIER FEE SCHEDULE

Tier Annual volume threshold Annual fee 

1 ................. Up to 1,000 (1–1,000) ................................................................................................................................................. $400 

2 ................. Up to 10,000 (1,001–10,000) ...................................................................................................................................... 3,500 

3 ................. Up to 200,000 (10,001–200,000) ................................................................................................................................ 40,000 

4 ................. Up to 1 million (200,001–1 million) ............................................................................................................................. 315,000 

5 ................. Up to 20 million (1,000,001–20 million) ...................................................................................................................... 1,500,000 

6 ................. Up to 50 million (20,000,001–50 million) .................................................................................................................... 4,000,000 

7 ................. Over 50 million (50,000,001 and over) ....................................................................................................................... 7,500,000 

Each enrolled PE will be required to 

remit the above tier-based subscription 

fee for the 365-day agreement period 

starting on or after April 25, 2022. Fees 

are calculated based on forecasted 

systems and operational expenses, 

agency oversight, overhead, and 

Certified Public Accountant (CPA) audit 

contract costs. Effective April 25, 2022, 

SSA will no longer charge a separate 

administrative fee in addition to the 

tier-based subscription fee. 


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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Notices 2477 

Section 215(h)(1)(A) of the Banking 

Bill requires that the Commissioner 

shall ‘‘periodically adjust’’ the price 

paid by users. On at least an annual 

basis, SSA will monitor costs incurred 

to provide eCBSV services and will 

revise the tier fee schedule accordingly. 

We will notify PEs of the tier fee 

schedule in effect at the renewal of 

eCBSV user agreements, and via notice 

in the Federal Register. At that time, 

PEs can cancel the agreement or renew 

service according to the new tier fee 

schedule. 

Michelle King, 

Deputy Commissioner, for Budget, Finance, 

and Management. 

[FR Doc. 2022–00638 Filed 1–13–22; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0346] 

Safe Driver Apprenticeship Pilot 

Program To Allow Persons Ages 18, 

19, and 20 To Operate Commercial 

Motor Vehicles in Interstate Commerce 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice and establishment of 

pilot program. 

SUMMARY: On September 10, 2020, 

FMCSA proposed a pilot program to 

allow persons ages 18, 19, and 20 to 

operate commercial motor vehicles 

(CMVs) in interstate commerce. That 

pilot was never implemented. However, 

the Infrastructure Investment and Jobs 

Act (IIJA), which was signed into law on 

November 15, 2021, requires FMCSA to 

establish a pilot program that would 

allow employers to establish an 

apprenticeship program for certain 18-, 

19-, and 20-year-old drivers to operate 

commercial vehicles in interstate 

commerce. This notice addresses the 

comments received on the September 

10, 2020, notice and provides the details 

on the establishment of the Safe Driver 

Apprenticeship Pilot Program required 

by the IIJA. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Nikki McDavid, Commercial Driver’s 

License Division, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, nikki.mcdavid@dot.gov, (202) 

366–0831. If you have questions about 

viewing or submitting material to the 

docket, call DOT Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Definitions 

For the purposes of the Safe Driver 

Apprenticeship Pilot Program, FMCSA 

is using the following definitions, as 

prescribed in section 23022 of IIJA: 

Apprentice—An individual who is 

under the age of 21 and holds a 

commercial driver’s license (CDL). 

Commercial driver’s license (CDL)—A 

license issued by a State to an 

individual authorizing the individual to 

operate a class of CMV. 

Commercial motor vehicle (CMV)— 

Any self-propelled or towed motor 

vehicle used on a highway in interstate 

commerce to transport passengers or 

property when the vehicle—(1) has a 

gross vehicle weight rating or gross 

combination weight rating, or gross 

vehicle weight or gross combination 

weight, of 4,536 kg (10,001 pounds) or 

more, whichever is greater; or (2) is 

designed or used to transport more than 

8 passengers (including the driver) for 

compensation; or (3) is designed or used 

to transport more than 15 passengers, 

including the driver, and is not used to 

transport passengers for compensation; 

or (4) is used in transporting material 

found by the Secretary of Transportation 

(the Secretary) to be hazardous under 49 

U.S.C. 5103 and transported in a 

quantity requiring placarding under 

regulations prescribed by the Secretary 

under 49 CFR, subtitle B, chapter I, 

subchapter C. 

Driving time—All time spent at the 

driving controls of a CMV in operation. 

Experienced driver—An individual 

who 

1. Is not younger than 26 years of age; 

2. Has held a commercial driver’s 

license for the 2-year period ending on 

the date on which the individual serves 

as an experienced driver; 

3. During the 2-year period ending on 

the date on which the individual serves 

as an experienced driver, has had no 

i. preventable accidents reportable to 

the Department; or 

ii. pointed moving violations; and 

4. Has a minimum of 5 years of 

experience driving a CMV in interstate 

commerce. 

On-duty time—All time from the time 

a driver begins to work or is required to 

be in readiness to work until the time 

the driver is relieved from work and all 

responsibility for performing work. Onduty time shall include: 

1. All time at a plant, terminal, 

facility, or other property of a motor 

carrier or shipper, or on any public 

property, waiting to be dispatched, 

unless the driver has been relieved from 

duty by the motor carrier; 

2. All time inspecting, servicing, or 

conditioning any CMV at any time; 

3. All driving time as defined in the 

term driving time; 

4. All time in or on a CMV, other 

than: 

i. Time spent resting in or on a parked 

vehicle, except as otherwise provided in 

§ 397.5; 

ii. Time spent resting in a sleeper 

berth; or 

iii. Up to 3 hours riding in the 

passenger seat of a property-carrying 

vehicle moving on the highway 

immediately before or after a period of 

at least 7 consecutive hours in the 

sleeper berth; 

5. All time loading or unloading a 

CMV, supervising, or assisting in the 

loading or unloading, attending a CMV 

being loaded or unloaded, remaining in 

readiness to operate the CMV, or in 

giving or receiving receipts for 

shipments loaded or unloaded; 

6. All time repairing, obtaining 

assistance, or remaining in attendance 

upon a disabled CMV; 

7. All time spent providing a breath 

sample or urine specimen, including 

travel time to and from the collection 

site, to comply with the random, 

reasonable suspicion, post-crash, or 

follow-up testing required by part 382 

when directed by a motor carrier; 

8. Performing any other work in the 

capacity, employ, or service of, a motor 

carrier; and 

9. Performing any compensated work 

for a person who is not a motor carrier. 

Pointed moving violation—A 

violation that results in points being 

added to the license of a driver, or a 

similar comparable violation, as 

determined by the Secretary. 

II. Legal Basis 

Subject to limited exceptions for farm 

vehicle drivers of articulated CMVs (49 

CFR 391.67) and private (non-business) 

motor carriers of passengers (49 CFR 

391.68), drivers of CMVs engaged in 

interstate commerce must be at least 21 

years of age, whether or not operation of 

the CMV requires a CDL (49 CFR 

391.11(b)(1)). 

Under 49 U.S.C. 31315 and 31136(e), 

the Secretary has authority to grant 

waivers and exemptions from the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) and to conduct 

pilot programs in which one or more 

exemptions are granted to allow for the 

testing of innovative alternatives to 

certain FMCSRs. FMCSA must publish 

in the Federal Register a detailed 

description of each pilot program, 

including the exemptions being 

considered, and provide notice and an 

opportunity for public comment before 

the effective date of the program. The 

Agency is required to ensure that the 


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