12320 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 

Act, in a customer segregated account or 

accounts maintained in accordance with 

Section 4d of the Act (including any 

orders issued pursuant to Section 

4d(a)(2) of the Act) and the 

Commission’s regulations thereunder, 

and all such customer funds shall be 

accounted for and treated and dealt with 

as belonging to the customers of the 

CBOT clearing member, consistent with 

Section 4d of the Act and the 

regulations thereunder. 

(3) This order is subject to the 

following conditions: 

(a) The contracts, agreements, or 

transactions subject to this order shall 

be executed pursuant to the 

requirements of Part 35 of the 

Commission’s regulations, as modified 

herein, and shall be limited to the 

eligible products enumerated in this 

order. 

(b) All eligible products shall be 

submitted for clearing by a CBOT 

clearing member to CME pursuant to 

CBOT and CME rules. 

(c) Each cleared-only contract shall be 

marked to market on a daily basis, and 

final settlement prices shall be 

established in accordance with CBOT 

rules. 

(d) CME shall apply its margining 

system and calculate performance bond 

rates for each cleared-only contract in 

accordance with its normal and 

customary practices. 

(e) CME shall apply appropriate risk 

management procedures with respect to 

transactions and open interest in the 

cleared-only contracts. CME shall 

conduct financial surveillance and 

oversight of CBOT members clearing the 

eligible products, and it shall conduct 

oversight sufficient to assure CME that 

each such member has the appropriate 

operational capabilities necessary to 

manage defaults in such contracts. CME 

and clearing members of CBOT, acting 

pursuant to this order, shall take all 

other steps necessary and appropriate to 

manage risk related to clearing eligible 

products. 

(f) CBOT shall make available open 

interest and settlement price 

information for the cleared-only 

contracts on a daily basis in the same 

manner as for contracts listed on CBOT. 

(g) CBOT shall establish and maintain 

a coordinated market surveillance 

program that encompasses the clearedonly contracts and the corresponding 

futures contracts listed by CBOT on its 

designated contract market. 

(h) CBOT shall adopt speculative 

position limits for each of the clearedonly contracts that are the same as the 

limits applicable to the corresponding 

futures contracts pursuant to 

Commission Regulation 150.2. 

(i) The cleared-only contracts shall 

not be treated as fungible with any 

contract listed for trading on CBOT. 

(j) Each FCM acting pursuant to this 

order shall keep the types of 

information and records that are 

described in Section 4g of the Act and 

Commission regulations thereunder, 

including but not limited to 

Commission Regulation 1.35, with 

respect to all cleared-only contracts. 

Such information and records shall be 

produced for inspection in accordance 

with the requirements of Commission 

Regulation 1.31. 

(k) CBOT shall provide to the 

Commission the types of information 

described in Part 16 of the 

Commission’s regulations in the manner 

described in Parts 15 and 16 of the 

Commission’s regulations with respect 

to all cleared-only contracts. 

(l) CBOT shall apply large trader 

reporting requirements to cleared-only 

contracts in accordance with its rules, 

and each FCM acting pursuant to this 

order shall provide to the Commission 

the types of information described in 

Part 17 of the Commission’s regulations 

in the manner described in Parts 15 and 

17 of the Commission’s regulations with 

respect to all cleared-only contracts in 

which it participates. 

(m) CME and CBOT shall at all times 

fulfill all representations made in their 

requests for Commission action under 

Sections 4(c) and 4d of the Act and all 

supporting materials thereto. 

This order is based upon the 

representations made and supporting 

material provided to the Commission by 

CME and CBOT in connection with 

their requests. Any material change or 

omission in the facts and circumstances 

pursuant to which this order is granted 

might require the Commission to 

reconsider its finding that the actions 

taken herein are appropriate. Further, in 

its discretion, the Commission may 

condition, suspend, terminate, or 

otherwise modify this order, as 

appropriate, on its own motion. 

Issued in Washington, DC, on March 18, 

2009 by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E9–6369 Filed 3–23–09; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DOD–2009–OS–0046] 

Privacy Act of 1974; Systems of 

Records 

AGENCY: Defense Finance and 

Accounting Service, DoD. 

ACTION: Notice to add a new System of 

Records. 

SUMMARY: The Defense Finance and 

Accounting Service (DFAS) proposes to 

add a new system of records notice to 

its inventory of record systems subject 

to the Privacy Act of 1974, (5 U.S.C. 

552a), as amended. 

DATES: This Action will be effective 

without further notice on April 23, 2009 

unless comments are received that 

would result in a contrary 

determination. 

ADDRESSES: Send comments to the 

FOIA/PA Program Manager, Corporate 

Communications and Legislative 

Liaison, Defense Finance and 

Accounting Service, 8899 E. 56th Street, 

Indianapolis, IN 46249–0150. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Linda Krabbenhoft at (720) 242–6631. 

SUPPLEMENTARY INFORMATION: The 

Defense Finance and Accounting 

Service notices for systems of records 

subject to the Privacy Act of 1974 (5 

U.S.C. 552a), as amended, have been 

published in the Federal Register and 

are available from the address above. 

The proposed system report, as 

required by 5 U.S.C. 552a(r) of the 

Privacy Act of 1974, as amended, was 

submitted on March 16, 2009, to the 

House Committee on Government 

Reform, the Senate Committee on 

Governmental Affairs, and the Office of 

Management and Budget (OMB) 

pursuant to paragraph 4c of Appendix I 

to OMB Circular No. A–130, ‘Federal 

Agency Responsibilities for Maintaining 

Records about Individuals,’ dated 

December 12, 2000, 65 FR 239. 

Dated: March 18, 2009. 

Morgan E. Frazier, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

T5040 

SYSTEM NAME: 

Call Recording Application Records. 

SYSTEM LOCATION: 

Defense Finance and Accounting 

Service, Cleveland, Anthony J. 

Celebrezze Federal Building (Room 

1669), 1240 E. 9th Street, Cleveland, OH 

44199–2055. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12321 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Current or former military service 

members, dependents, ex-spouses, DoD 

civilian employees, and non-DoD 

civilians paid by DFAS. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Audio and captured systems’ screen 

records and their indices that will 

include, but not be limited to, verbatim 

recordings of conversations between the 

customers and DFAS’ customer service 

representatives (CSR), name, SSN, home 

address, telephone number, payroll 

information, marital status, dependent 

information, tax status, allotment, 

garnishment, debt, or other payroll or 

personal information provided by the 

customer. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301, Departmental 

Regulations; E.O. 12862 (Customer 

Service), E.O. 9397 (SSN). 

PURPOSE(S): 

The Call Recording Application (CRA) 

will be used to record and index 

telephone conversations between 

customers and customer service 

representatives (CSRs) in DFAS’ contact 

centers. It will also capture and index a 

sampling of the computer screens used 

by CSRs to answer inquiries. The 

inbound calls will be recorded in order 

to resolve misunderstandings or 

misperceptions made during the 

customer-CSR interaction. This system 

will also facilitate the process of 

monitoring and evaluating the recorded 

audio and computer screens used by 

CSRs in order to provide training, 

collect data in support of the CSRs’ 

annual performance evaluation, and 

provide information used for business 

process improvements. 

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 

DoD as a routine use pursuant to 5 

U.S.C. 552a(b)(3) as follows: 

The ‘DoD Blanket Routine Uses’ 

published at the beginning of the DFAS 

compilation of systems of records 

notices apply to this system. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Electronic storage media. 

RETRIEVABILITY: 

Social Security Number (SSN) and 

telephone number. 

SAFEGUARDS: 

Records are maintained in a 

controlled facility. Physical entry is 

restricted by the use of locks, guards, 

and is accessible only to authorized 

personnel. Access to records is limited 

to person(s) responsible for servicing the 

record in performance of their official 

duties and who are properly screened 

and cleared for need-to-know. Access to 

computerized data is restricted by 

passwords, which are changed 

periodically. 

RETENTION AND DISPOSAL: 

Destroy when superseded, obsolete, or 

determined to be of no further value, 

whichever is sooner. Records are 

destroyed by shredding, burning, or 

degaussing. 

SYSTEM MANAGER(S) AND ADDRESS: 

Defense Finance and Accounting 

Service, Information and Technology, 

Anthony J. Celebrezze Federal Building, 

1240 E. 9th Street, Cleveland, OH 

44199–2055. 

NOTIFICATION PROCEDURE: 

Individuals seeking to determine 

whether information about themselves 

is contained in this record system 

should address written inquiries to the 

Defense Finance and Accounting 

Service, Freedom of Information/ 

Privacy Act Program Manager, 

Corporate Communications and 

Legislative Liaison, 8899 E. 56th Street, 

Indianapolis, IN 46249–0150. 

Individuals should furnish full name, 

Social Security Number (SSN), current 

address and telephone number. 

RECORD ACCESS PROCEDURES: 

Individuals seeking access to 

information about themselves contained 

in this system should address written 

inquiries to Defense Finance and 

Accounting Service, Freedom of 

Information/Privacy Act Program 

Manager, Corporate Communications 

and Legislative Liaison, 8899 E. 56th 

Street, Indianapolis, IN 46249–0150. 

Individuals should furnish full name, 

Social Security Number (SSN), current 

address and telephone number. 

CONTESTING RECORD PROCEDURES: 

The DFAS rules for accessing records, 

for contesting contents and appealing 

initial agency determinations are 

published in DFAS Regulation 5400.11– 

R; 32 CFR part 324; or may be obtained 

from Defense Finance and Accounting 

Service, Freedom of Information/ 

Privacy Act Program Manager, 

Corporate Communications and 

Legislative Liaison, 8899 E. 56th Street, 

Indianapolis, IN 46249–0150. 

RECORD SOURCE CATEGORIES: 

The individual concerned. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. E9–6279 Filed 3–23–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or April 23, 2009. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, New 

Executive Office Building, Washington, 

DC 20503 or faxed to (202) 395–6974. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Director, 

Regulatory Information Management 

Services, Office of Management, 

publishes that notice containing 

proposed information collection 

requests prior to submission of these 

requests to OMB. Each proposed 

information collection, grouped by 

office, contains the following: (1) Type 

of review requested, e.g. new, revision, 

extension, existing or reinstatement; (2) 

Title; (3) Summary of the collection; (4) 

Description of the need for, and 

proposed use of, the information; (5) 

Respondents and frequency of 

collection; and (6) Reporting and/or 

Recordkeeping burden. OMB invites 

public comment. 

mstockstill on PROD1PC66 with NOTICES