Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Notices 47887

SECURITIES AND EXCHANGE

COMMISSION

[Release Nos. 34–39016; PA–21; File No.

S7–23–97]

Privacy Act of 1974: Major Alterations

to the Agency Correspondence

Tracking System (ACTS) (SEC–29) and

the Office of Personnel Training Files

(SEC–40)

AGENCY: Securities and Exchange

Commission.

ACTION: Notice of major alterations.

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 major alterations to the

Agency Correspondence Tracking

System (ACTS) (SEC–29) and the Office

of Personnel Training Files (SEC–40).

DATES: Comments must be received no

later than October 14, 1997. The

changes to these systems of records will

take effect October 21, 1997, unless the

Commission receives comments which

would result in a contrary

determination.

ADDRESSES: Persons wishing to submit

comments should file three (3) copies

thereof with Jonathan G. Katz, Secretary,

Securities and Exchange Commission,

450 Fifth Street, NW, Washington, DC

20549. Reference should be made to File

No. S7–23–97. Copies of the comments

will be available for public inspection

and copying at the Commission’s Public

Reference Room, 450 Fifth Street, NW,

Washington, DC 20549.

FOR FURTHER INFORMATION CONTACT:

Hannah R. Hall, Privacy Act Officer

(202) 942–4320, Office of the Executive

Director, Freedom of Information Act

and Privacy Act Operations, Securities

and Exchange Commission, Operations

Center, 6432 General Green Way, Mail

Stop O–5, Alexandria, VA 22312–2413.

SUPPLEMENTARY INFORMATION: This

report is to give notice of major

alterations to the Agency

Correspondence Tracking System

(ACTS) (SEC–29) and the Office of

Personnel Training Files (SEC–40),

which are subject to the Privacy Act of

1974, 5 U.S.C. 552a. As revised, ACTS

will have subsystems for records

collected and maintained by the Office

of Investor Education and Assistance

(Subsystem A), the Office of the

Chairman (Subsystem B), the Office of

Filings and Information Services

(Subsystem C), and the Office of

Information Technology (Subsystem D).

The Office of Personnel Training Files

(SEC–40), as revised, will be called

‘‘Personnel Management Training Files’’

and incorporate information about its

automated files. Additional changes

proposed for both systems of records

include revisions to the systems’

location, categories of individuals and

records, authority for maintenance,

purpose, routine uses, storage,

retrievability, safeguards, retention and

disposal schedules, manager(s) and

address(es), notification, record access,

and contesting record procedures, and

record source categories. The altered

system of records reports, as required by

5 U.S.C. 552a(r) of the Privacy Act, has

been submitted to the Committee on

Government Operations of the House of

Representatives, the Committee on

Government Affairs of the Senate, and

the Office of Management and Budget,

pursuant to Appendix I to OMB Circular

A–130, ‘‘Federal Agency

Responsibilities for Maintaining

Records About Individuals,’’ as

amended on July 15, 1994.

SEC–29 is revised as follows:

SEC–29

SYSTEM NAME:

Agency Correspondence Tracking

System (ACTS)-SEC.

Subsystem A: Investor/Consumer

Correspondence Files.

Subsystem B: Chairman

Correspondence Files.

Subsystem C: Public Reference Branch

Correspondence Files.

Subsystem D: ACTS Computerized

Records.

SYSTEM LOCATION:

Records in this system are located at

Headquarters, Securities and Exchange

Commission, 450 Fifth Street, NW,

Washington, DC 20549. Also, records

covered by Subsystem A are received by

and maintained in the Commission’s

Regional and District Offices, whose

addresses are listed below under System

Manager(s) and Address(es).

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Subsystem A: Records are maintained

on members of the public and others

who submit inquiries or make

complaints to the Commission,

generally, or who address their

correspondence to the Office of Investor

Education and Assistance or the

Commission’s Regional or District

Offices.

Subsystem B: Records are maintained

on members of the public, members of

Congress or their staff, and others who

address their inquiries or complaints to

the Commission’s Chairman.

Subsystem C: Records are maintained

on members of the public who submit

requests for copies of, or review of

records accessible through the

Commission’s Public Reference Branch.

Subsystem D: Computerized records

are comprised of data collected in all of

the above subsystems.

CATEGORIES OF RECORDS IN THE SYSTEM:

Both electronic and paper records in

this system/subsystems contain the

name of the complainant/inquirer/

requester or their representative, the

name of the entity and/or subject of the

complaint/inquiry/request, the date

relating to the disposition of the

complaint/inquiry/request and, where

applicable, the type of complaint/

inquiry/request and other information

derived from or relating to the

complaint/inquiry/request. Paper

records may include, but are not limited

to letters of complaint/inquiry/request,

responses, and related documentation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

15 U.S.C. 77s, 77sss, 78d, 78d–1, 78d–

2, 78w, 78ll(d), 79t, 80a–37, and 80b–11.

PURPOSE:

The records will be used by the staff

to track and process complaints/

inquiries/requests from members of the

public and others.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

These records and the information

contained in these records may be used

as follows:

(1) To respond to inquiries from

individuals who have submitted

complaints/inquiries/requests, or from

their representatives, concerning the

status of the particular complaint/

inquiry/request;

(2) To provide information to entities

against whom complaints/inquiries are

directed when Commission staff

requests them to research the issues

raised and report back to the staff;

(3) To respond to inquiries from the

White House, Congressional

committees, the General Accounting

Office, General Services Administration

or the National Archives and Records

Administration, or others charged with

monitoring the work of the Commission

or conducting records management

inspections under authority of 44 U.S.C.

2904 and 2906;

(4) To provide information to other

Federal or State government agencies, or

securities self-regulatory organizations

which have more direct jurisdiction

over the subject matter of the complaint/

inquiry/request;

(5) To coordinate with or assist in law

enforcement and regulatory activities of

the Commission and other Federal,

State, local, or foreign law enforcement
47888 Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Notices

or regulatory agencies, securities selfregulatory organizations, and foreign

securities authorities;

(6) To respond to a subpoena, court

order, or request for discovery, in

connection with any relevant litigation

or proceeding where the Federal

securities laws are at issue or in which

the Commission, or past or present

members of its staff, is a party or

otherwise involved in an official

capacity; and

(7) To provide information to a

Federal, State, local, or foreign

government or foreign securities

authority, in response to its request, in

connection with civil, criminal, or other

enforcement information, the hiring or

retention of an employee, the issuance

of a security clearance, the reporting of

an investigation of an employee, the

letting of a contract, or the issuance of

a license, grant, or other benefit by the

requesting agency, to the extent that the

information is relevant and necessary to

the requesting agency’s decision on the

matter.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Subsystems A, B, and C: These

records are maintained in hard copy

form by assigned file number, and

certain elements of the data are

extracted and tracked in computerized

form through ACTS. The computerized

records can be accessed by the

individual’s name or other indexed

criteria.

Subsystem D: These records are

maintained in an on-line database and

on data cartridges.

RETRIEVABILITY:

By use of the computerized records in

Subsystem D, the paper files in

Subsystems A, B, and C are retrievable

by the name of the complainant/

inquirer/requester, receipt date of the

complaint/inquiry/request, name of the

registered representative or associated

person named in the complaint/inquiry/

request, or the name of the entity/issuer

that is the subject of the complaint/

inquiry/request.

SAFEGUARDS:

Access to and use of these records are

limited to those persons whose official

duties require such access. Personnel

screening is employed to prevent

unauthorized disclosure. These records

are maintained in office files in a

building that has a 24-hour security

guard.

RETENTION AND DISPOSAL:

Subsystem A: Electronic records are

purged after six (6) years. Paper records

maintained at SEC Headquarters are

retained in-house for three (3) years

from the office’s date of receipt of the

complaint/inquiry/request or its related

subsequent submission(s), then

transferred to the Federal Records

Center for storage. Records sent to the

Federal Records Center that do not

relate to law enforcement matters are

maintained for one (1) additional year

(for a total of four (4) years from the

office’s date of receipt), and destroyed

thereafter. Records sent to the Federal

Records Center that do relate to law

enforcement matters are maintained for

three (3) additional years (for a total of

six (6) years from the office’s date of

receipt), and destroyed thereafter. Paper

records maintained in the Regional and

District Offices are retained for three (3)

years, and destroyed thereafter.

Subsystem B: Electronic records are

purged after six (6) years. Paper records

are maintained in-house for at least

three (3) years from the office’s date of

receipt, or upon expiration of the

Chairman’s appointment. Files are

forwarded to the Federal Records Center

and retained in accordance with the

Commission’s records retention

schedule, published at 17 CFR 200.80f.

Subsystem C: Paper records are

maintained in-house for six months

from the office’s date of receipt, and

destroyed periodically thereafter.

Electronic records are purged after one

(1) year.

Subsystem D: A computerized record

of searches and transactions is

maintained in an on-line database and

on data cartridges. Retention of the

electronic records is contingent upon

the retention of the paper records,

maintained and determined by each

office that utilizes ACTS. Cartridges are

sent to the Commission’s off-site storage

vendor. Also, all database files are saved

on the cartridges and sent to the off-site

storage vendor.

SYSTEM MANAGER(S) AND ADDRESS:

Subsystem A: Office of Investor

Education and Assistance, Securities

and Exchange Commission, 450 Fifth

Street, NW, Washington, DC 20549;

Assistant Regional Director, Northeast

Regional Office, 7 World Trade Center,

Suite 1300, New York, NY 10048;

District Administrator, Boston District

Office, 73 Tremont Street, Suite 600,

Boston, MA 02108–3912; District

Administrator, Philadelphia District

Office, The Curtis Center, 601 Walnut

Street, Suite 1005 East, Philadelphia, PA

19106–3322;

Assistant Regional Director, Southeast

Regional Office, 1401 Brickell Avenue,

Suite 200, Miami, FL 33131; District

Administrator, Atlanta District Office,

3475 Lenox Road, NE, Suite 1000,

Atlanta, GA 30326–1232;

Assistant Regional Director, Midwest

Regional Office, Northwestern Atrium

Center, 500 W. Madison Street, Suite

1400, Chicago, IL 60661–2511;

Assistant Regional Administrator,

Central Regional Office, 1801 California

Street, Suite 4800, Denver, CO 80202–

2648; District Administrator, Fort Worth

District Office, 801 Cherry Street, Suite

1900, Fort Worth, TX 76102; District

Administrator, Salt Lake District Office,

500 Key Bank Tower, 50 South Main

Street, Salt Lake City, UT 84144–0402;

Assistant Regional Administrator,

Pacific Regional Office, 5670 Wilshire

Boulevard, Suite 1100, Los Angeles, CA

90036–3648; and District Administrator,

San Francisco District Office, 44

Montgomery Street, 11th Floor, San

Francisco, CA 94103–1735.

Subsystem B: Office of the Chairman,

Securities and Exchange Commission,

450 Fifth Street, NW, Washington, DC

20549.

Subsystem C: Office of Filings and

Information Services, Securities and

Exchange Commission, Operations

Center, Mail Stop A–1, 6432 General

Green Way, Alexandria, VA 22312.

Subsystem D: Office of Information

Technology, Securities and Exchange

Commission, Operations Center, Mail

Stop O–4, 6432 General Green Way,

Alexandria, VA 22312.

NOTIFICATION PROCEDURE:

All requests to determine whether this

system of records contains a record

pertaining to the requesting individual

may be directed to the Privacy Act

Officer, Securities and Exchange

Commission, Operations Center, 6432

General Green Way, Mail Stop O–5,

Alexandria, VA 22312–2413.

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 Privacy Act

Officer, Securities and Exchange

Commission, Operations Center, 6432

General Green Way, Mail Stop O–5,

Alexandria, VA 22312–2413.

CONTESTING RECORD PROCEDURES:

See Record access procedures above.

RECORD SOURCE CATEGORIES:

Information collected in all

subsystems is received from individuals

primarily through letters, telephone

calls, or personal visits to the

Commission’s offices.
Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Notices 47889

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

SEC–40 is revised as follows:

SEC–40

SYSTEM NAME:

Personnel Management Training

Files-SEC.

SYSTEM LOCATION:

Securities and Exchange Commission,

Operations Center, 6432 General Green

Way, Mail Stop O–1, Alexandria, VA

22312–2413.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Records are maintained on SEC

employees, present and past.

CATEGORIES OF RECORDS IN THE SYSTEM:

Both automated and paper records fall

within the following categories: (a)

Information on internal and external

training provided to employees; (b)

budget tracking information; (c) training

sources used/considered; and (d) class

rosters, notices, and certificates.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 1302, 2951, 3301, 3372, 4103,

4113, and 4118; and 5 CFR part 410.

PURPOSE:

The records are used for statistical

reports and employee career counseling,

for determining whether mandatory

training has been received, and for

assessing whether the cost, quality, and

appropriateness of courses and sources

merit consideration for fulfilling future

agency training needs.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSE OF SUCH USES:

These records and the information

contained in these records may be used

as follows:

(1) To provide information to

Government training facilities (Federal,

State, or local) and to non-Government

training facilities (private contractors of

training courses or programs, private

schools, etc.), their representatives, or

volunteers working on a contract,

service, grant, or cooperative agreement,

for training purposes;

(2) To respond to inquiries from the

White House, Congressional

committees, the General Accounting

Office, General Services Administration

or the National Archives and Records

Administration, or others charged with

monitoring the work of the Commission

or conducting records management

inspections under authority of 44 U.S.C.

2904 and 2906;

(3) To respond to a subpoena, request

for discovery, or the appearance of a

witness, in connection with any

relevant litigation or proceeding where

the Commission, or past or present

members of its staff, is a party or

otherwise involved in an official

capacity;

(4) To provide information to a

Federal, State, or local governmental

entity or agency in response to its

request, in connection with the

potential violation of civil or criminal

law or other regulation, the hiring or

retention of an employee, the issuance

of a security clearance, the reporting of

an investigation of an employee, the

letting of a contract, or the issuance of

a license, grant, or other benefit by the

requesting agency, to the extent that the

information is relevant and necessary to

the requesting agency’s decision on the

matter; and

(5) To any source from which

additional information is requested,

when necessary to obtain information

relevant to an agency decision to hire or

retain an employee, issue a security

clearance, conduct a security or

suitability investigation of an

individual, classify jobs, let a contract,

or issue a license, grant, or other

benefits.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Electronic media is maintained in a

database, paper records are kept in

binders and folders.

RETRIEVABILITY:

Records are retrievable by employee

name, social security number,

organization, and the assigned training

form number; vendor name; instructor

name; category of training; date(s) of

training; and course title and location.

SAFEGUARDS:

Records are available to authorized

agency staff. Both paper and electronic

media are kept in a secure facility with

24 hour security guard surveillance.

Personnel access to the database records

is restricted by passwords.

RETENTION AND DISPOSAL:

Records are retained for three (3)

fiscal years and destroyed after

completion of any applicable reporting

requirements by the Office of Personnel

Management.

SYSTEM MANAGER(S) AND ADDRESS:

Associate Executive Director, Office of

Administrative and Personnel

Management, Securities and Exchange

Commission, Operations Center, 6432

General Green Way, Mail Stop O–1,

Alexandria, VA 22312–2413.

NOTIFICATION PROCEDURE:

All requests to determine whether this

system of records contains a record

pertaining to the requesting individual

may be directed to the Privacy Act

Officer, Securities and Exchange

Commission, Operations Center, 6432

General Green Way, Mail Stop O–5,

Alexandria, VA 22312–2413.

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 Privacy Act

Officer, Securities and Exchange

Commission, Operations Center, 6432

General Green Way, Mail Stop O–5,

Alexandria, VA 22312–2413.

CONTESTING RECORD PROCEDURES:

See Record Access procedures above.

RECORD SOURCE CATEGORIES:

Records that comprise the information

in the system are provided by: The

individual on whom the record is

maintained; agency supervisors and/or

administrative staff on employees being

nominated for training; vendors or

potential vendor sources for training;

and other agency records.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

Dated: September 4, 1997.

By the Commission.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–24042 Filed 9–10–97; 8:45 am]

BILLING CODE 8010–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Release Nos. 34–39017; PA–22; File No.

S7–24–97]

Privacy Act of 1974: Establishment of

a New System of Records: Confidential

Treatment Request Imaging System

(SEC–26)

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 the establishment of a

new Privacy Act system of records:

Confidential Treatment Request Imaging

System (SEC–26).

DATES: Comments must be received no

later than October 14, 1997. The new

system of records will take effect