Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Proposed Rules 17925 

1See Interagency Proposal for Model Privacy 

Form Under the Gramm-Leach-Bliley Act, 

Securities Exchange Act Release No. 55497, 

Investment Company Act Release No. 27755 (Mar. 

20, 2007) [72 FR 14940 (Mar. 29, 2007)] 

(‘‘Interagency Proposal’’) and [72 FR 16875 (Apr. 5, 

2007)] (correction notice). 

2Public Law 109–351 (Oct. 13, 2006), 120 Stat. 

1966. 

3The seven other agencies are the: Commodity 

Futures Trading Commission (‘‘CFTC’’), Federal 

Deposit Insurance Corporation (‘‘FDIC’’), Board of 

Governors of the Federal Reserve System (‘‘Board’’), 

Federal Trade Commission (‘‘FTC’’), National Credit 

Union Administration (‘‘NCUA’’), Office of the 

Comptroller of the Currency (‘‘OCC’’), and Office of 

Thrift Supervision (‘‘OTS’’). 

4See supra note 2, adding 15 U.S.C. 6803(e). The 

Act stipulates that the model form shall be a safe 

harbor for financial institutions that elect to use it. 

5For the Agencies’ privacy rules see 12 CFR Part 

40 (OCC); 12 CFR Part 216 (Board); 12 CFR Part 332 

(FDIC); 12 CFR Part 573 (OTS); 12 CFR Part 716 

(NCUA); 16 CFR Part 313 (FTC); 17 CFR part 160 

(CFTC); 17 CFR Part 248 (Commission). 

6Codified at 15 U.S.C. 6804. 

7As described in the Interagency Proposal, the 

consumer research project on privacy notices was 

launched in 2004. Interagency Proposal supra note 

1, at Section I.B. 

8 Dr. Levy and Dr. Hastak are consultants to the 

model privacy notice research project. 

§ 318.8 Effective date. 

This part shall apply to breaches of 

security that are discovered on or after 

September 18, 2009. 

§ 318.9 Sunset. 

If new legislation is enacted 

establishing requirements for 

notification in the case of a breach of 

security that apply to entities covered 

by this part, the provisions of this part 

shall not apply to breaches of security 

discovered on or after the effective date 

of regulations implementing such 

legislation. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E9–8882 Filed 4–17–09: 8:45 am] 

[BILLING CODE 6750–01–S 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 248 

[Release Nos. 34–59769, IA–2866, IC–28697; 

File No. S7–09–07] 

RIN 3235–AJO6 

Interagency Proposal for Model 

Privacy Form Under the Gramm-LeachBliley Act 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

reopening the period for public 

comment on proposed amendments to 

Regulation S–P, which implements the 

privacy provisions of the Gramm-LeachBliley Act (‘‘GLB Act’’), originally 

published in the Federal Register on 

March 29, 2007. The proposed 

amendments would, if adopted, create a 

safe harbor for a model form that 

financial institutions may use to provide 

disclosures in initial and annual privacy 

notices required under Regulation S–P. 

DATES: Comments should be received on 

or before May 20, 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/proposed.shtml); or 

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

Number S7–09–07 on the subject line; 

or 

• Use the Federal eRulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

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 S7–09–07. 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/ 

proposed.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: 

Paula Jenson, Deputy Chief Counsel, or 

Brice Prince, Special Counsel, Office of 

Chief Counsel, Division of Trading and 

Markets, (202) 551–5550; or Penelope 

Saltzman, Assistant Director, or Thoreau 

Bartmann, Senior Counsel, Office of 

Regulatory Policy, Division of 

Investment Management, (202) 551– 

6792, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549. 

SUPPLEMENTARY INFORMATION: The 

Commission is reopening the period for 

public comment on proposed rule 

amendments,1 which were proposed 

pursuant to the Financial Services 

Regulatory Relief Act of 2006 (the 

‘‘Act’’), enacted on October 13, 2006.2

The proposal was published on March 

29, 2007, and the comment period 

closed on May 29, 2007. Section 728 of 

the Act added subsection (e) to section 

503 of the GLB Act, which directs the 

Commission, together with seven other 

federal agencies 3 (collectively the 

‘‘Agencies’’) responsible for 

implementing Title V, Subtitle A of the 

GLB Act, to ‘‘jointly develop a model 

form which may be used, at the option 

of the financial institution, for the 

provision of disclosures under this 

section.’’ 4 The proposed amendments 

would, if adopted, create a safe harbor 

for a model privacy notice form that 

financial institutions may use to provide 

disclosures required under the privacy 

rules 5 adopted by the Agencies 

pursuant to section 504 of the GLB Act.6

In connection with the development 

of the model form, an outside 

consultant, Macro International 

(‘‘Macro’’) was retained to conduct 

quantitative testing to evaluate the 

effectiveness of four different types of 

privacy notices, including a slightly 

revised version of the proposed model 

privacy notice form.7 Macro tested the 

notices on approximately 1,000 

consumers at five retail shopping mall 

locations around the country. Each of 

the four notices used for testing was 

printed in a double-sided format, using 

the front and back sides of an 81⁄2 x 11- 

inch piece of white paper. We have 

placed in the comment file for the 

proposed rule (available at http:// 

www.sec.gov/comments/s7-09-07/ 

s70907.shtml and at http://www.ftc.gov/ 

privacy/privacyinitiatives/ 

financial_rule_inrp.html) the following 

documents from the testing: (i) The test 

data collected and provided by Macro 

together with the codebook that relates 

to the data; (ii) the report provided by 

Macro, which includes a summary of 

the methodology used in collecting the 

data, the interview protocol, and the 

four test notices; and (iii) a report 

describing the results of the test data 

prepared by Dr. Alan Levy and Dr. 

Manoj Hastak.8

We are reopening the comment period 

before final action is taken on the 

proposal in order to provide all persons 

who are interested in this matter an 

opportunity to comment on these 


rmajette on PRODPC74 with PROPOSALS
17926 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Proposed Rules 

additional quantitative testing 

documents. Accordingly, we are 

reopening the comment period until 

May 20, 2009. 

Dated: April 15, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–8977 Filed 4–17–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0103] 

RIN 1625–AA00 

Safety Zone; Sea World 4th of July 

Fireworks Display; Mission Bay, San 

Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a safety zone on the 

navigable waters of Mission Bay in 

support of the Sea World 4th of July 

Fireworks Display. This safety zone is 

necessary to provide for the safety of 

crew, spectators, and other users and 

vessels of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 20, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0103 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Petty Officer Shane Jackson, 

USCG, Waterways Management, U.S. 

Coast Guard Sector San Diego at (619) 

278–7262. If you have questions on 

viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION:

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0103), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0103’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0103 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either the Docket Management Facility 

in Room W12–140 on the ground floor 

of the Department of Transportation 

West Building, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays; 

or the U.S. Coast Guard Sector San 

Diego, 2710 N. Harbor Dr., San Diego, 

CA 92101 between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

Fireworks & Stage FX Inc. is 

sponsoring the Sea World 4th of July 

Fireworks Display, which will include a 

fireworks presentation originating from 

a land based firing site located at 

approximately 32°46′17.20′′ N, 

117°13′24.72′′ W. The safety zone will 

encompass all navigable waters within 

800 feet of the firing site. This safety 

zone is necessary to provide for the 

safety of the crew, spectators, and other 

users and vessels of the waterway. 


rmajette on PRODPC74 with PROPOSALS