46254 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices 

8. No trustee or officer of the Trust or 

a Fund, or director, manager or officer 

of the Adviser, will own, directly or 

indirectly (other than through a pooled 

investment vehicle that is not controlled 

by such person), any interest in a 

Subadviser, except for (i) ownership of 

interests in the Adviser or any entity 

that controls, is controlled by, or is 

under common control with the 

Adviser, or (ii) ownership of less than 

1% of the outstanding securities of any 

class of equity or debt of any publicly 

traded company that is either a 

Subadviser or an entity that controls, is 

controlled by or is under common 

control with a Subadviser. 

9. In the event the Commission adopts 

a rule under the Act providing 

substantially similar relief to that in the 

order requested in the Application, the 

requested order will expire on the 

effective date of that rule. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–21494 Filed 9–4–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold a Closed Meeting 

on Thursday, September 10, 2009 at 2 

p.m. 

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. 

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), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the Closed 

Meeting. 

Commissioner Paredes, as duty 

officer, voted to consider the items 

listed for the Closed Meeting in a closed 

session. 

The subject matter of the Closed 

Meeting scheduled for Thursday, 

September 10, 2009 will be: 

Institution and settlement of injunctive 

actions; 

Institution and settlement of 

administrative proceedings; and 

Other matters relating to enforcement 

proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: September 3, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–21716 Filed 9–3–09; 4:15 pm] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. PA–40; File No. S7–19–09] 

Privacy Act of 1974: Establishment of 

a System of Records 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice to establish a system of 

records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, 5 U.S.C. 552a, the 

Securities and Exchange Commission 

(‘‘Commission’’ or ‘‘SEC’’) gives notice 

of a proposed Privacy Act system of 

records: ‘‘Ethics Conduct Rules Files 

(SEC–60).’’ This system will contain 

information related to applicable SEC 

Ethics Conduct Rules (currently found 

at 17 CFR Part 200 Subpart M), 

including outside employment and 

activities, and covered securities 

transactions, securities holdings and 

securities accounts. 

DATES: The proposed system will 

become effective October 13, 2009, 

unless further notice is given. 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 be assured of 

consideration, comments should be 

received on or before October 8, 2009. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

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

rules/other.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number S7–19–09 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number S7–19–09. This file number 

should be included on the subject line 

if e-mail is used. To help us process and 

review your comments more efficiently, 

please use only one method. The 

Commission will post all comments on 

the Commission’s Internet Web site 

(http://www.sec.gov/rules/other.shtml). 

Comments are also available for public 

inspection and copying 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. 

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 

available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Barbara A. Stance, Chief Privacy Officer, 

Office of Information Technology, 202– 

551–7209. 

SUPPLEMENTARY INFORMATION: The 

Commission gives notice of the 

proposed establishment of a system of 

records, entitled ‘‘Ethics Conduct Rules 

Files (SEC–60).’’ The system will 

contain information related to the SEC’s 

‘‘Regulation Concerning Conduct of 

Members and Employees and Former 

Members and Employees of the 

Commission’’ (‘‘Ethics Conduct Rules’’), 

currently located at 17 CFR Part 200 

Subpart M, including outside 

employment and activities, and covered 

securities transactions, securities 

holdings and securities accounts. 

On May 22, 2009, to consolidate 

related responsibilities, the Commission 

transferred all the Commission’s Ethics 

Rules responsibilities that resided in the 

Office of Human Resources (consisting 

particularly of the administration of all 

of the SEC Ethics Conduct Rules files) 

to the Commission’s Ethics Office. 

Consistent with the transfer of 

responsibilities, the Commission is 

establishing a system of records in the 

Ethics Office to maintain records related 

to the Ethics Conduct Rules applicable 

to Commission Members and 

employees, including reports on 

securities transactions, holdings, and 

accounts required by applicable Federal 

securities laws and regulations. 

The Commission has submitted a 

report of the system of records to the 

Senate Committee on Homeland 

Security and Government Affairs, the 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices 46255 

House Committee on Government 

Reform, and the Office of Management 

and Budget, pursuant to 5 U.S.C. 552a(r) 

of the Privacy Act of 1974, as amended, 

and Appendix I to OMB Circular A–130, 

‘‘Federal Agency Responsibilities for 

Maintaining Records About 

Individuals,’’ as amended on February 

20, 1966 (61 FR 6435). 

Accordingly, the Commission is 

establishing a system of records to read 

as follows: 

SEC–60 

SYSTEM NAME: 

Ethics Conduct Rules Files. 

SYSTEM LOCATION: 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

SEC Members and employees, past 

and present. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Information relating to the SEC’s 

‘‘Regulation Concerning Conduct of 

Members and Employees and Former 

Members and Employees of the 

Commission’’ (‘‘Ethics Conduct Rules’’), 

currently located at 17 CFR Part 200 

Subpart M, including outside 

employment and activities, and covered 

securities transactions, securities 

holdings and securities accounts. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Federal securities laws (15 U.S.C. 

77s, 78w, 77sss, 80a–37 and 80b–11) 

and the regulations promulgated 

thereunder, including the Ethics 

Conduct Rules currently located at 17 

CFR Part 200 Subpart M. 

PURPOSE(S): 

For use by authorized SEC Ethics 

Office personnel, designated by the 

Ethics Counsel, and from time to time 

certain other SEC personnel, designated 

by the Ethics Counsel in his or her 

discretion, in connection with their 

official functions related to 

administering and supervising 

compliance with the Commission’s 

Ethics Conduct Rules. 

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. 552a(b)(3) as follows: 

1. To a Federal, State, or local law 

enforcement agency if the disclosing 

agency becomes aware of a violation or 

potential violation of law or regulation; 

2. To a court or party in a court or 

Federal administrative proceeding if the 

Government is a party or in order to 

comply with a judge-issued subpoena; 

3. To a source when necessary to 

obtain information relevant to a conflict 

of interest or securities law investigation 

or decision; 

4. To the National Archives and 

Records Administration or the General 

Services Administration in records 

management inspections; 

5. To the Office of Management and 

Budget during legislative coordination 

on private relief legislation; 

6. To the Department of Justice or in 

certain legal proceedings when the 

disclosing agency, and employee of the 

disclosing agency, or the United States 

is a party to litigation or has an interest 

in the litigation and the use of such 

records is deemed relevant and 

necessary to the litigation; 

7. To reviewing officials in a new 

office, department or agency when an 

employee transfers from one position to 

another subject to the Ethics Conduct 

Rules; 

8. To a Member of Congress or a 

congressional office in response to an 

inquiry made on behalf of an individual 

who is the subject of the record; 

9. To interns, grantees, experts and 

contractors 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; 

10. When (1) it is suspected or 

confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Commission 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 

Commission 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 

Commission’s efforts to respond to the 

suspected or confirmed compromise 

and prevent, minimize, or remedy such 

harm; and 

11. As a data source for management 

information for production of summary 

descriptive statistics and analytical 

studies in support of the function for 

which the records are collected and 

maintained; may also be utilized to 

respond to general requests for 

statistical information (without personal 

identification of individuals) under the 

Freedom of Information Act. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in electronic 

and paper format. Electronic records are 

stored in computerized databases and/or 

on computer disc. Paper records and 

records on computer disc are stored in 

locked file rooms and/or metal file 

cabinets. 

RETRIEVABILITY: 

Records may be retrieved by the 

individual’s name or other personal 

identifiers, as well as non-identifying 

information. Information regarding 

individuals may be obtained through 

the use of cross-reference methodology. 

SAFEGUARDS: 

Records are safeguarded in a secured 

environment. Buildings where records 

are stored have security cameras and 24 

hour security guard service. Access is 

limited to those personnel whose 

official duties require access. Paper 

records are maintained in limited access 

areas during duty hours and in locked 

file cabinets and/or locked offices or file 

rooms at all other times. Computerized 

records are safeguarded through use of 

access codes and information 

technology security. 

RETENTION AND DISPOSAL: 

These records will be maintained for 

6 years or otherwise in accordance with 

records schedules of the Commission 

and as approved by the National 

Archives and Records Administration. 

SYSTEM MANAGER(S) AND ADDRESS: 

The Ethics Counsel and the 

Designated Agency Ethics Official, 

Office of the General Counsel, Securities 

and Exchange Commission, 100 F 

Street, NE., Washington, DC 20549– 

1050. 

NOTIFICATION PROCEDURE: 

All requests to determine whether this 

system of records contains a record 

pertaining to the requesting individual 

may be directed to the FOIA/Privacy 

Act Officer, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–5100. 


jlentini on DSKJ8SOYB1PROD with NOTICES
46256 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3A Member is any registered broker or dealer that 

has been admitted to membership in the Exchange. 

See BATS Rule 1.5(n). 

4Securities Exchange Act Release No. 60364 (July 

22, 2009), 74 FR 37285 (‘‘Notice’’). 

5 In Amendment No. 1, the Exchange replaced the 

bracketed ‘‘[July]’’ with ‘‘[August]’’ in the proposed 

rule text to reflect the fact that the current fee 

schedule is dated August 1, 2009. Because the 

change in Amendment No. 1 is technical in nature, 

it is not subject to notice and comment. 

6The Commission notes that BATS will 

implement the proposed port fees commencing on 

the first day of the month immediately following 

Commission approval of this proposed rule change 

(or on the date of approval, if on the first business 

day of a month). See Notice, supra note 4. 

7Each pair of ports will consist of one port at the 

Exchange’s primary data center and one port at the 

Exchange’s secondary data center. 

8BATS FIX ports are the only ports that may be 

used to send orders and related instructions to the 

Exchange. All other port types, including Multicast 

PITCH and GRP Ports, permit Members and nonmembers to receive information from the Exchange. 

9The Exchange’s proposal to provide certain 

ports free of charge to Multicast PITCH customers 

is designed to encourage use of the Exchange’s 

Multicast PITCH feed because it is a relatively new 

offering by the Exchange and because the Exchange 

believes that the feed is its most efficient feed and 

will reduce infrastructure costs for both the 

Exchange and those who utilize the feed. 

10 In approving this proposed rule change the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

11 15 U.S.C. 78f(b)(4). 

12 15 U.S.C. 78f(b)(4). 

13 15 U.S.C. 78f(b)(8). 

14 17 CFR 242.603(a). 

RECORD ACCESS PROCEDURES: 

Persons wishing to obtain information 

on the procedures for gaining access to 

or contesting the contents of these 

records may contact the FOIA/Privacy 

Act Officer, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–5100. 

CONTESTING RECORD PROCEDURES: 

See Record Access Procedures above. 

RECORD SOURCE CATEGORIES: 

Information is provided by current 

Members and employees of the 

Commission or their designees in 

accordance with the requirements of the 

SEC Ethics Conduct Rules. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: September 1, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–21444 Filed 9–4–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60586; File No. SR–BATS– 

2009–026] 

Self-Regulatory Organizations; BATS 

Exchange, Inc.; Order Approving 

Proposed Rule Change, as Modified by 

Amendment No. 1 Thereto, To Amend 

BATS Fee Schedule to Impose Fees for 

Ports Used for Order Entry and Receipt 

of Market Data 

August 28, 2009. 

On July 21, 2009, BATS Exchange, 

Inc. (‘‘BATS’’ or ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

to Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to amend the fee schedule 

applicable to Members 3 and nonmembers of the Exchange with respect 

to ports used to enter orders into 

Exchange systems and to receive data 

from the Exchange. The proposed rule 

change was published for comment in 

the Federal Register on July 28, 2009.4

The Commission received no comments 

regarding the proposal. On August 27, 

2009, the Exchange filed Amendment 

No. 1 to the proposed rule change.5 This 

order grants approval of the proposed 

rule change. 

BATS proposes to begin charging a 

monthly fee for ports used to enter 

orders into the Exchange’s trading 

system and to receive data from the 

Exchange.6 Specifically, the Exchange 

proposes to charge $250.00 per month 

per pair 7 of any port type other than a 

Multicast PITCH Spin Server Port or a 

GRP Port. Thus, the proposed charge 

will apply to all Exchange FIX, 

FIXDROP, DROP, TCP PITCH, TCP 

FAST PITCH, and TOP ports.8 In 

addition, the Exchange proposes to 

provide all Exchange constituents that 

receive the Exchange’s Multicast PITCH 

feed with 12 pairs of Multicast PITCH 

Spin Server Ports free of charge and, if 

such ports are used, one free pair of GRP 

Ports.9 The Exchange proposes to charge 

such customers $250.00 per month per 

additional pair of GRP Ports or 

additional set of 12 pairs of Multicast 

PITCH Spin Server Ports. Any Member 

or non-member that has entered into the 

appropriate agreements with the 

Exchange is permitted to receive 

Multicast PITCH Spin Server Ports and 

GRP Ports from the Exchange. 

The proposed rule change will apply 

to Members that obtain ports for direct 

access to the Exchange, non-member 

service bureaus that act as a conduit for 

orders entered by Exchange Members 

that are their customers, and market 

data recipients. The Exchange states that 

it has previously provided ports free of 

charge to all Members and non-members 

that use such ports for order entry to the 

Exchange or for receipt of market data. 

However, the Exchange states that its 

infrastructure costs have increased over 

time. In addition, the Exchange believes 

that providing ports free of charge has 

not encouraged Members and nonmembers to reserve and maintain ports 

efficiently, but rather, has led to a 

significant number of ports that are 

reserved and enabled by such market 

participants, but are never used or are 

under-used. Accordingly, the Exchange 

believes that the imposition of port fees 

will help the Exchange to continue to 

maintain and improve its infrastructure, 

while also encouraging Exchange 

customers to request and enable only 

the ports that are necessary for their 

operations related to the Exchange. 

The Commission has carefully 

reviewed the proposed rule change and 

finds that it is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

a national securities exchange.10

Specifically, the Commission finds that 

the proposal is consistent with Section 

6(b)(4) of the Act,11 which requires the 

equitable allocation of reasonable dues, 

fees, and other charges among Exchange 

Members and other persons using the 

Exchange’s facilities, and Section 6(b)(5) 

of the Act,12 which requires, among 

other things, that the rules of a national 

securities exchange be designed to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system and, in general, to protect 

investors and the public interest, and 

not be designed to permit unfair 

discrimination between customers, 

issuers, brokers, or dealers. The 

Commission also finds that the 

proposed rule change is consistent with 

Section 6(b)(8) of the Act,13 which 

requires that the rules of an exchange 

not impose a burden on competition not 

necessary or appropriate in furtherance 

of the purposes of the Act. Finally, the 

Commission finds that the proposed 

rule change is consistent with Rule 

603(a) of Regulation NMS,14 which 

requires an exclusive processor that 

distributes information with respect to 

quotations for or transactions in an NMS 

stock to do so on terms that are fair and 

reasonable and not unreasonably 

discriminatory. 

The Commission believes that the 

proposed port fees are equitably 

allocated among Members and nonmembers and do not unfairly or 

unreasonably discriminate between 


jlentini on DSKJ8SOYB1PROD with NOTICES