3906 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Notices 

particular calendar year shall be 

calculated by adding all revenues from 

the UTP Quote Data Feed, the UTP 

Trade Data Feed, the OTC Montage Data 

Feed, and NQDS, including revenues 

from the dissemination of information 

among Eligible Securities to foreign 

marketplaces (collectively, ‘‘the Data 

Feeds’’), and subtracting from such 

revenues the costs incurred by the 

Processor, set forth below, in collecting, 

consolidating, validating, generating, 

and disseminating the Data Feeds. 

These costs include, but are not limited 

to, the following: 

a. The Processor costs directly 

attributable to creating OTC Montage 

Data Feed and NQDS, including: 

1. Cost of collecting Participant quotes 

into the Processor’s quote engine; 

2. Cost of processing quotes and 

creating OTC Montage Data Feed and 

NQDS messages within the Processor’s 

quote engine; 

3. Cost of the Processor’s 

communication management subsystem 

that distributes OTC Montage Data Feed 

and NQDS to the market data vendor 

network for further distribution. 

b. The costs directly attributable to 

creating the UTP Quote Data Feed, 

including: 

1. Cost of calculating the national best 

bid and offer price within the 

Processor’s quote engine; 

2. Cost of creating the UTP Quote Data 

Feed message within the Processor’s 

quote engine; 

3. Cost of the Processor’s 

communication management subsystem 

that distributes the UTP Quote Data 

Feed to the market data vendors’

networks for further distribution. 

c. The costs directly attributable to 

creating the UTP Trade Data Feed, 

including: 

1. Cost of determining the appropriate 

last sale price and volume amount 

within the Processor’s trade engine; 

2. Cost of utilizing the Processor’s 

trade engine to distribute the UTP Trade 

Data Feed for distribution to the market 

data vendors. 

d. The additional costs that are shared 

across all Data Feeds, including: 

1. Telecommunication Operations 

costs of supporting the Participant lines 

into the Processor’s facilities; 

2. Telecommunications Operations 

costs of supporting the external market 

data vendor network; 

3. Data Products account management 

and auditing function with the market 

data vendors; 

4. Market Operations costs to support 

symbol maintenance, and other data 

integrity issues; 

5. Overhead costs, including 

management support of the Processor, 

Human Resources, Finance, Legal, and 

Administrative Services. 

e. Processor costs excluded from the 

calculation of net distributable 

operating income include trade 

execution costs for transactions 

executed using a Nasdaq service and 

trade report collection costs reported 

through a Nasdaq service, as such 

services are market functions for which 

Participants electing to use such 

services pay market rate. 

f. For the purposes of this provision, 

the following definitions shall apply: 

1. ‘‘Quote engine’’ shall mean the 

Nasdaq’s NT or Tandem system that is 

operated by Nasdaq to collect quotation 

information for Eligible Securities; 

2. ‘‘Trade engine’’ shall mean the 

Nasdaq Tandem system that is operated 

by Nasdaq for the purpose of collecting 

last sale information in Eligible 

Securities. 

4. At the time a Participant 

implements a computer-to-computerinterface or other Processor-approved 

electronic interface with the Processor, 

the Participant will become eligible to 

receive revenue. 

5. Processor shall endeavor to provide 

Participants with written estimates of 

each Participant’s quarterly net 

distributable operating income within 

45 calendar days of the end of the 

quarter, and estimated quarterly 

payments or billings shall be made on 

the basis of such estimates. All quarterly 

payments or billings shall be made to 

each eligible Participant within 45 days 

following the end of each calendar 

quarter in which the Participant is 

eligible to receive revenue, provided 

that each quarterly payment or billing 

shall be reconciled against a 

Participant’s cumulative year-to-date 

payment or billing received to date and 

adjusted accordingly, and further 

provided that the total of such estimated 

payments or billings shall be reconciled 

at the end of each calendar year and, if 

necessary, adjusted by March 31st of the 

following year. Interest shall be 

included in quarterly payments and in 

adjusted payments made on March 31st 

of the following year. Such interest shall 

accrue monthly during the period in 

which revenue was earned and not yet 

paid and will be based on the 90-day 

Treasury bill rate in effect at the end of 

the quarter in which the payment is 

made. Monthly interest shall start 

accruing 45 days following the month in 

which it is earned and accrue until the 

date on which the payment is made. 

In conjunction with calculating 

estimated quarterly and reconciled 

annual payments under this Exhibit 1, 

the Processor shall submit to the 

Participants a quarterly itemized 

statement setting forth the basis upon 

which net operating income was 

calculated, including a quarterly 

itemized statement of the Processor 

costs set forth in Paragraph 3 of this 

Exhibit. Such Processor costs and Plan 

revenues shall be adjusted annually 

based solely on the Processor’s quarterly 

itemized statement audited pursuant to 

Processor’s annual audit. Processor shall 

pay or bill Participants for the audit 

adjustments within thirty days of 

completion of the annual audit. By 

majority vote of the Operating 

Committee, the Processor shall engage 

an independent auditor to audit the 

Processor’s costs or other calculation(s), 

the cost of which audit shall be shared 

equally by all Participants. The 

Processor agrees to cooperate fully in 

providing the information necessary to 

complete such audit. 

[FR Doc. E6–773 Filed 1–23–06; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meetings 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Pub. L. 94–409, that the 

Securities and Exchange Commission 

will hold the following meetings during 

the week of January 23, 2006: Closed 

Meetings will be held on Thursday, 

January 26, 2006 at 9 a.m. and on 

January 26, 2006 at 2 p.m. 

Commissioners and certain staff 

members who have an interest in the 

matter will attend the Closed Meeting 

on January 26, 2006 at 9 a.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting on 

January 26, 2006 at 2 p.m. Certain staff 

members who have an interest in the 

matters may also 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), (8), (9)(B), 

and (10) and 17 CFR 200.402(a), (3), (5), 

(7), (8), 9(ii) and (10) permit 

consideration of the scheduled matters 

at the Closed Meetings. 

Commissioner Glassman, as duty 

officer, voted to consider the items 

listed for the closed meetings in closed 

sessions and that no earlier notice 

thereof was possible. 

The subject matter of the Closed 

Meeting scheduled for 9 a.m. on 

Thursday, January 26, 2006 will be: 


rmajette on PROD1PC67 with NOTICES1
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Notices 3907 

Institution and settlement of an 

injunctive action. 

The subject matter of the Closed 

Meeting scheduled for 2 p.m. on 

Thursday, January 26, 2006 will be: 

Formal orders of investigations; 

Institution and settlement of injunctive 

actions; 

Institution and settlement of 

administrative proceedings of an 

enforcement nature; 

Opinion; and 

Amici consideration. 

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: January 20, 2006. 

J. Lynn Taylor, 

Assistant Secretary. 

[FR Doc. 06–707 Filed 1–20–06; 12:52 pm] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. PA–34; File No. S7–02–06] 

Privacy Act of 1974: Establishment of 

a New System of Records: Visitor 

Badge and Employee Day Pass System 

(SEC–52) 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice of the establishment of a 

new 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 

gives notice of a proposed Privacy Act 

system of records: ‘‘Visitor Badge and 

Employee Day Pass System (SEC–52).’’

This system of records will contain, 

among other things, records of 

Commission visitors, employee day pass 

information and records related to the 

status of trackable (special handling) 

mail. 

DATES: The new system will become 

effective March 6, 2006 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 comment 

received. To be assured of 

consideration, comments should be 

received on or before February 23, 2006. 

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 S7–02–06 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, U.S. 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–9303. 

All submissions should refer to File 

Number S7–02–06. 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. 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, 

U.S. Securities and Exchange 

Commission, Operations Center, 6432 

General Green Way, Alexandria, VA 

22312–2413, (202) 551–7209. 

SUPPLEMENTARY INFORMATION: The 

Commission gives notice of the 

proposed establishment of a new system 

of records, entitled ‘‘Visitor Badge and 

Employee Day Pass System (SEC–52).’’

The new system will contain records of 

Commission visitors, employee day pass 

information and records related to the 

status of trackable (special handling) 

mail. 

The Commission has submitted a 

report of the new system of records to 

the Senate Committee on Homeland 

Security and Governmental Affairs, the 

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, 1996 (61 FR 6435). 

Accordingly, the Commission is 

adding a new system of records to read 

as follows: 

SEC–52 

SYSTEM NAME: 

Visitor Badge and Employee Day Pass 

System. 

SYSTEM LOCATION: 

U.S. Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Visitors from the public, other Federal 

agencies, Commission employees who 

require a Day Pass and Commission 

employees who pre-register or authorize 

visitors. The system also covers 

individuals or organizations that send 

and/or deliver trackable mail to the 

Commission (e.g., express mail, courier 

mail, or other forms of mail that is 

tracked from the sender to the 

recipient). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records may include name, 

photograph, signature, company name, 

the number of the printed badge issued 

for each visit, visitor category, business 

phone number, fax number, address, email address, Web site if available, other 

information from scanned business 

cards, and the location, date, and time 

of entry to the secure Commission 

facility. Records will also include the 

following information from scanned 

driver’s licenses: Date of birth, weight, 

height, color of hair and eyes, date of 

expiration, and issuing jurisdiction 

(license numbers will not be saved in 

the system). Further information 

contained within the system will be the 

name and title of the person being 

visited, the reason for the visit to the 

facility, notation of approved parking, 

and the name, phone number and e-mail 

address of Commission personnel 

requesting authorization for the visitor 

access. The system will maintain check 

in and check out times, current status of 

visitor, and a custom ID number 

assigned sequentially by the system 

software for each visitor record. The 

software system and data base has a 

module for tracking packages as well. 

Records include package check in time, 

quantity of packages, name of employee 

to whom the package is addressed, 

location of package, sender’s name, type 

of package, added description (if 

appropriate), carrier/agent delivering 

the package, time and name of person to 

whom package is delivered (final 

destination within the Commission), 

and a custom ID number assigned 

sequentially by the system software for 

each visitor record. 


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