Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Notices 107181 

clarity of the information that is the 

subject of collection; and (4) ways to 

minimize the burden of collections on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments to the RRB or OIRA must 

contain the OMB control number of the 

ICR. For proper consideration of your 

comments, it is best if the RRB and 

OIRA receive them within 30 days of 

the publication date. 

Title and purpose of information 

collection: Railroad Unemployment 

Insurance Act Applications; OMB 3220– 

0039. 

Under Section 2 of the Railroad 

Unemployment Insurance Act (RUIA) 

(45 U.S.C. 362), sickness benefits are 

payable to qualified railroad employees 

who are unable to work because of 

illness or injury. In addition, sickness 

benefits are payable to qualified female 

employees if they are unable to work, or 

if working would be injurious, because 

of pregnancy, miscarriage, or childbirth. 

Under Section 1(k) of the RUIA a 

statement of sickness, with respect to 

days of sickness of an employee, is to 

be filed with the RRB within a 10-day 

period from the first day claimed as a 

day of sickness. The Railroad 

Retirement Board’s (RRB) authority for 

requesting supplemental medical 

information is Section 12(i) and 12(n) of 

the RUIA. The procedures for claiming 

sickness benefits and for the RRB to 

obtain supplemental medical 

information needed to determine a 

claimant’s eligibility for such benefits 

are prescribed in 20 CFR part 335. 

The forms currently used by the RRB 

to obtain information needed to 

determine eligibility for, and the 

amount of, sickness benefits due a 

claimant follow: Form SI–1a, 

Application for Sickness Benefits; Form 

SI–1b, Statement of Sickness; Form SI– 

3, Claim for Sickness Benefits; Form SI– 

7, Supplemental Doctor’s Statement; 

Form SI–8, Verification of Medical 

Information; and Form ID–11A, 

Requesting Reason for Late Filing of 

Sickness Benefit. Completion is 

required to obtain or retain benefits. 

One response is requested of each 

respondent. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (89 85257 on October 25, 

2024) required by 44 U.S.C. 3506(c) (2). 

That request elicited no comments. 

Information Collection Request (ICR) 

Title: Railroad Unemployment 

Insurance Act Applications. 

OMB Control Number: 3220–0039. 

Form(s) submitted: SI–1a, SI–1b, SI–3, 

SI–3 (internet), SI–7, SI–8, and ID–11A. 

Type of request: Reinstatement with 

change of a previously approved 

collection. 

Affected public: Individuals or 

Households. 

Abstract: Under Section 2 of the 

Railroad Unemployment Insurance Act 

sickness benefits are payable to 

qualified railroad employees who are 

unable to work because of illness or 

injury. The collection obtains 

information from railroad employees 

and physicians needed to determine 

eligibility to and the amount of such 

benefits. 

Changes proposed: The RRB proposes 

no changes to Forms SI–1a, SI–1b, SI– 

3, SI–3 (internet), SI–7, SI–8, and ID– 

11A. 

The burden estimate for the ICR is as 

follows: 

Form number Annual 

responses 

Time 

(minutes) 

Burden 

(hours) 

SI–1a (Employee) ........................................................................................................................ 11,179 10 1,863 

SI–1b (Doctor) ............................................................................................................................. 11,179 8 1,490 

SI–3 (Manual) .............................................................................................................................. 100,120 5 8,343 

SI–3 (Internet) .............................................................................................................................. 82,812 5 6,901 

SI–7 .............................................................................................................................................. 12,151 8 1,620 

SI–8 .............................................................................................................................................. 24 5 2 

ID–11A ......................................................................................................................................... 284 4 19 

Total ...................................................................................................................................... 217,749 ........................ 20,238 

Additional Information or Comments: 

Copies of the forms and supporting 

documents or comments regarding the 

information collection should be 

addressed to Brian Foster, Railroad 

Retirement Board, 844 North Rush 

Street, Chicago, Illinois 60611–1275 or 

emailed to Brian.Foster@rrb.gov. 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

Brian Foster, 

Clearance Officer. 

[FR Doc. 2024–31429 Filed 12–30–24; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–35427; File No. 812–15678] 

The Toronto-Dominion Bank, et al.; 

Notice of Application and Temporary 

Order 

December 20, 2024. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Temporary order and notice of 

application for a permanent order under 

section 9(c) of the Investment Company 

Act of 1940 (‘‘Act’’). 

SUMMARY OF APPLICATION: Applicants 

have received a temporary order 

(‘‘Temporary Order’’) exempting them 

from section 9(a) of the Act, with 

respect to guilty pleas entered on 

October 10, 2024 (‘‘Guilty Pleas’’), by 

TD Bank US Holding Company 

(‘‘TDBUSH’’) and TD Bank, N.A. 

(‘‘TDBNA’’ and together with TDBUSH, 

the ‘‘Pleading Entities’’) in the United 

States District Court for New Jersey (the 

‘‘District Court’’) in connection with 

plea agreements (‘‘Plea Agreements’’) 

between the Pleading Entities and the 

United States Department of Justice 

(‘‘DOJ’’), until the Commission takes 

final action on an application for a 

permanent order (the ‘‘Permanent 

Order,’’ and with the Temporary Order, 

the ‘‘Orders’’). Applicants also have 

applied for a permanent order. 

APPLICANTS: The Toronto-Dominion 

Bank (‘‘TD Bank’’), TDBUSH, TDBNA, 

and Epoch Investment Partners, Inc. 

(‘‘Epoch’’ and collectively, the 

‘‘Applicants’’). 

FILING DATE: The application was filed 

on December 20, 2024. 

HEARING OR NOTIFICATION OF HEARING: An 

order granting the requested relief will 

be issued unless the Commission orders 

a hearing. Interested persons may 


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1Covered Persons may, if the Order is granted, in 

the future act in any of the capacities contemplated 

by section 9(a) of the Act subject to the applicable 

terms and conditions of the Order. TD Bank does 

not and will not serve as an investment adviser, 

depositor or principal underwriter to any registered 

investment company as it is not a Covered Person. 

request a hearing by emailing the 

Commission’s Secretary at SecretarysOffice@sec.gov and serving applicants 

with a copy of the request, by email. 

Hearing requests should be received by 

the Commission by 5:30 p.m. on January 

16, 2025 and should be accompanied by 

proof of service on the applicants, in the 

form of an affidavit, or for lawyers, a 

certificate of service. Pursuant to rule 0– 

5 under the Act, hearing requests should 

state the nature of the writer’s interest, 

any facts bearing upon the desirability 

of a hearing on the matter, the reason for 

the request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

emailing the Commission’s Secretary. 

ADDRESSES: The Commission: 

Secretarys-Office@sec.gov. Applicants: 

Jane Langford at jane.langford@td.com. 

FOR FURTHER INFORMATION CONTACT: 

Adam M. Large, Senior Special Counsel, 

or Nadya Roytblat, Assistant Chief 

Counsel, at (202) 551–6825 (Division of 

Investment Management, Chief 

Counsel’s Office). 

SUPPLEMENTARY INFORMATION: The 

following is a temporary order and a 

summary of the application. The 

complete application may be obtained 

via the Commission’s website by 

searching for the file number at the top 

of this document, or for an Applicant 

using the Company name search field, 

on the SEC’s EDGAR system. The SEC’s 

EDGAR system may be searched at 

https://www.sec.gov/edgar/searchedgar/ 

legacy/companysearch.html. You may 

also call the SEC’s Office of Investor 

Education and Advocacy at (202) 551– 

8090. 

Applicants’ Representations 

1. TDBNA, a Pleading Entity, is a 

national bank headquartered in Cherry 

Hill, New Jersey. TDBNA is a whollyowned subsidiary of TDBUSH. 

TDBNA’s deposits are insured under the 

Federal Deposit Insurance Act, and the 

bank is regulated and supervised by the 

Office of the Comptroller of the 

Currency (‘‘OCC’’). 

2. TDBUSH, a Pleading Entity, is a 

Delaware corporation and a nonoperating holding company with 

oversight over the anti-money 

laundering (‘‘AML’’) compliance 

program of TDBNA, its direct 

subsidiary, and is accountable for 

monitoring the effectiveness of 

TDBNA’s AML program pursuant to the 

Bank Secrecy Act (‘‘BSA’’). 

3. Epoch, a Delaware corporation, is 

registered as an investment adviser 

under the Investment Advisers Act of 

1940 (the ‘‘Advisers Act’’) and is a 

direct, wholly-owned subsidiary of 

TDBUSH. Epoch serves as a sub-adviser 

to the investment companies registered 

under the Act that are listed in 

Appendix A to the application. 

4. TD Bank is an international 

banking and financial services 

corporation headquartered in Toronto, 

Canada. TD Bank is a chartered bank 

subject to the provisions of the Bank Act 

(Canada). TD Bank is the indirect parent 

of TDBUSH through an intermediate 

U.S. holding company. 

5. While no existing company of 

which a Pleading Entity is an ‘‘affiliated 

person’’ within the meaning of section 

2(a)(3) of the Act (‘‘Affiliated Person’’), 

other than Epoch, currently serves as an 

investment adviser (as defined in 

section 2(a)(20) of the Act) or depositor 

of any registered investment company, 

employees’ securities company (‘‘ESC’’), 

or investment company that has elected 

to be treated as a business development 

company (‘‘BDC’’) under the Act, or as 

principal underwriter (as defined in 

section 2(a)(29) of the Act) for any 

registered open-end investment 

company (‘‘Open-End Fund’’), 

registered unit investment trust (‘‘UIT’’), 

or registered face-amount certificate 

company (‘‘FACC’’) (such persons, 

‘‘Funds,’’ and such activities performed 

on behalf of such persons, collectively 

‘‘Fund Servicing Activities’’), 

Applicants request that any relief 

granted by the Commission pursuant to 

the application also apply to any other 

current or future Affiliated Person of the 

Pleading Entities other than TDBUSH 

and TDBNA (together with Epoch, the 

‘‘Covered Persons’’) with respect to any 

activity contemplated by section 9(a) of 

the Act.1

6. On October 10, 2024, the DOJ filed 

a one count criminal information in the 

District Court charging TDBNA with 

conspiring to: (1) fail to maintain an 

adequate AML program, contrary to 

Title 31, United States Code, Sections 

5318(h) and 5322; (2) fail to file accurate 

Currency Transaction Reports (‘‘CTRs’’), 

contrary to Title 31, United States Code, 

Sections 5313 and 5324; and (3) launder 

monetary instruments, contrary to Title 

18, United States Code, Section 

1956(a)(2)(B)(i), in violation of Title 18, 

United States Code, Section 371. On the 

same date, the DOJ filed a two-count 

criminal information in the District 

Court charging TDBUSH with: (1) failing 

to maintain an adequate AML program, 

in violation of Title 31, United States 

Code, Section 5318(h) and 5322; and (2) 

failing to file accurate CTRs in violation 

of Title 31, United States Code, Sections 

5313 and 5324. According to the 

Statement of Facts that served as the 

basis for the Plea Agreements 

(‘‘Statement of Facts’’), between January 

2014 and October 2023 TDBNA and 

TDBUSH failed to implement an AML 

program that complied with the BSA. 

As a result, according to the Statement 

of Facts, the Pleading Entities failed to 

remediate deficiencies in the AML 

program, including (a) failing to 

substantively update TDBNA’s 

transaction monitoring system between 

2014 and 2022, and (b) failing to 

adequately train its AML and retail 

employees. These failures enabled, 

among other things, three money 

laundering networks to launder over 

$600 million in criminal proceeds 

through TDBNA between 2019 and 

2023. These failures also created 

vulnerabilities that allowed five branchlevel TDBNA employees to open and 

maintain accounts for one of these 

money laundering networks. According 

to the Statement of Facts, TDBNA’s 

senior AML executives knew there were 

deficiencies in the Pleading Entities’ 

U.S. AML policies, procedures, and 

controls. According to the Statement of 

Facts, the Pleading Entities willfully 

failed to file accurate CTRs related to 

one of the three money laundering 

schemes. 

7. Pursuant to the Plea Agreements, 

each Pleading Entity agreed to enter a 

plea of guilty to the charge(s) set out in 

its respective information. According to 

the Plea Agreements, each of the 

Pleading Entities agreed: (1) to abide by 

all terms and obligations of the Plea 

Agreement; (2) that in the event that, 

during the term of the Plea Agreement, 

the Pleading Entity undertakes any 

change in corporate form, including if it 

sells, merges, or transfers business 

operations that are material to its 

consolidated operations, or to the 

operations of any subsidiaries, branches, 

or affiliates involved in the conduct 

described in the Statement of Facts, as 

they exist as of the date of the Plea 

Agreements, whether such transaction is 

structured as a sale, asset sale, merger, 

transfer or other change in corporate 

form, it shall include in any contract for 

sale, merger, transfer, or other change in 

corporate form a provision binding the 

purchaser, or any successor in interest 

thereto, to the obligations described in 

the Plea Agreements; (3) to continue to 

cooperate fully with the DOJ (in any and 

all matters relating to the conduct, 

individuals, and entities described in 

the Plea Agreements and the Statement 


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2Applicants represent that the Pleading Entities 

do not engage, have not engaged, and will not 

engage in in any of the capacities contemplated by 

section 9(a) of the Act. 

of Facts as well as any other conduct, 

individuals, and entities under 

investigation by the DOJ at any time 

during the term of the Plea Agreements, 

until the later of the date upon which 

all investigations and prosecutions 

arising out of such conduct are 

concluded or the end of the term of the 

Plea Agreements; (4) that, should the 

Pleading Entity learn of any evidence of 

allegation of conduct by the Pleading 

Entity, its affiliates, or their employees 

that may constitute a violation of federal 

criminal law, the Pleading Entity shall 

promptly report such evidence or 

allegation to the DOJ in a manner and 

form consistent with local law; and (5) 

that any fine, forfeiture, or restitution 

imposed by the District Court will be 

due and payable as specified in the Plea 

Agreements, and that any forfeiture or 

restitution imposed by the District Court 

will be due and payable in accordance 

with the District Court’s order. The 

monetary penalties and forfeiture under 

the Plea Agreements totaled 

approximately $1.9 billion. 

8. The Pleading Entities are subject to 

orders by other U.S. regulatory or 

enforcement agencies related to the 

Conduct. The Federal Reserve Board 

(‘‘FRB’’) entered a cease-and-desist 

order and order of assessment of a civil 

monetary penalty (the ‘‘FRB Order’’) on 

October 9, 2024 against the TD Bank, 

TDBUSH, and TD Group US Holdings 

(‘‘TDGUS’’), the ultimate U.S. holding 

company for TD Bank’s U.S. operations. 

The Financial Crimes Enforcement 

Network (‘‘FinCEN’’) entered into a 

consent order (the ‘‘FinCEN Order’’) on 

October 10, 2024 with TDBNA and TD 

Bank USA, National Association 

(‘‘TDBUSA’’), a national bank and 

wholly owned direct subsidiary of 

TDBUSH, concerning violations of the 

BSA, including the failure to maintain 

an adequate AML program, and the 

failure to file CTRs and Suspicious 

Activity Reports (‘‘SARs’’). The OCC 

entered into a consent order (the ‘‘OCC 

Order’’) with TDBNA and TDBUSA 

concerning violations of the BSA, 

including the failure to maintain a 

compliant AML program, the failure to 

file SARs and CTRs in accordance with 

law and regulations, and the failure to 

conduct customer due diligence as 

required by law and regulation. 

Applicants’ Legal Analysis 

1. Section 9(a)(1) of the Act provides, 

in pertinent part, that a person may not 

serve or act as an investment adviser or 

depositor of any registered investment 

company or as principal underwriter for 

any Open-End Fund, UIT, or FACC, if 

such person within ten years has been 

convicted of any felony or 

misdemeanor, including those arising 

out of such person’s conduct as a 

broker, dealer or bank. Section 2(a)(10) 

of the Act defines the term ‘‘convicted’’ 

to include a plea of guilty. Section 

9(a)(3) of the Act extends the 

prohibitions of section 9(a)(1) to a 

company, any affiliated person of which 

has been disqualified under the 

provisions of section 9(a)(1). Section 

2(a)(3) of the Act defines ‘‘affiliated 

person’’ to include, among others, any 

person directly or indirectly controlling, 

controlled by, or under common control 

with, the other person. The Pleading 

Entities are affiliated persons of each of 

the other Applicants within the 

meaning of section 2(a)(3) of the Act. 

Therefore, the Plea Agreement resulted 

in a disqualification of Epoch for ten 

years under section 9(a)(3) from acting 

in any of the capacities listed in section 

9(a), by effect of a conviction described 

in section 9(a)(1). 

2. Section 9(c) of the Act provides 

that: ‘‘[t]he Commission shall by order 

grant [an] application [for relief from the 

prohibitions of subsection 9(a)], either 

unconditionally or on an appropriate 

temporary or other conditional basis, if 

it is established [i] that the prohibitions 

of subsection 9(a), as applied to such 

person, are unduly or 

disproportionately severe or [ii] that the 

conduct of such person has been such 

as not to make it against the public 

interest or the protection of investors to 

grant such application.’’ Applicants 

have filed an application pursuant to 

section 9(c) seeking a Temporary Order 

and a Permanent Order exempting 

Epoch and other Covered Persons from 

the disqualification provisions of 

section 9(a) of the Act. The Covered 

Persons may, if the Orders are granted, 

in the future act in any of the capacities 

contemplated by section 9(a) of the Act 

subject to the applicable terms and 

conditions of the Orders. 

3. Applicants believe they meet the 

standards for exemption specified in 

section 9(c). Applicants assert that: (i) 

the scope of the misconduct was limited 

and did not involve any of the 

Applicants acting as an investment 

adviser, depositor or principal 

underwriter for any Fund, or any Fund 

with respect to which Epoch engage in 

Fund Servicing Activities; (ii) 

application of the statutory bar would 

impose significant hardships on the 

Funds and their shareholders; (iii) the 

prohibitions of section 9(a), if applied to 

Epoch, would be unduly or 

disproportionately severe; and (iv) the 

Conduct did not constitute conduct that 

would make it against the public 

interest or protection of investors to 

grant the exemption from section 9(a). 

4. Applicants represent that the 

Conduct did not involve Epoch or any 

Epoch personnel. Applicants further 

represent that the Conduct did not 

involve any Fund with respect to which 

Epoch engaged in Fund Servicing 

Activities. Applicants represent that the 

Conduct did not involve any of the 

Applicants acting in the capacity as an 

investment adviser, depositor or 

principal underwriter for any Fund.2

Applicants state that the Conduct was 

confined to TDBNA and TDBUSH. 

Applicants state that the five former 

TDBNA employees identified in the 

Statement of Facts as having willfully 

opened or maintained accounts for a 

money laundering network have been 

terminated and are not employed by any 

affiliate of the Pleading Entities. 

Applicants state that TD Bank 

recognizes that effective AML 

compliance begins by setting the ‘‘tone 

from the top’’ and continues to 

implement significant changes in 

connection with relevant practices and 

controls, as summarized below and 

described in more detail in the 

application. Applicants assert that, in 

light of the limited scope of the 

Conduct, it would be unduly and 

disproportionately severe to impose a 

section 9(a) disqualification on the Fund 

Servicing Applicants. Applicants assert 

that the conduct of the Applicants has 

not been such to make it against the 

public interest or the protection of 

investors to grant the exemption from 

section 9(a). 

5. Applicants assert that neither the 

protection of investors nor the public 

interest would be served by permitting 

the section 9(a) disqualifications to 

apply to Epoch because those 

disqualifications would deprive the 

Funds of the sub-advisory services that 

shareholders expected the Funds would 

receive when they decided to invest in 

the Funds. Applicants also assert that 

application of the prohibitions of 

section 9(a) to Epoch could operate to 

the financial detriment of the Funds and 

their shareholders, including by causing 

the Funds to spend time and resources 

to engage substitute sub-advisers. 

6. Applicants assert that if Epoch 

were barred under Section 9(a) from 

providing investment advisory services 

to the Funds and were unable to obtain 

the requested exemption, the effect on 

its businesses and employees would be 

severe. Applicants state that Epoch has 

committed substantial capital and other 

resources to establishing expertise in 


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3See In the Matter of the Toronto Dominion 

bank., et al., Investment Company Act Release Nos. 

IC–24486 (June 7, 2000) (notice and temporary 

order) and IC–26787 (July 11, 2000) (permanent 

order). 

sub-advising Funds with a view to 

continuing and expanding this business, 

which Applicants consider strategically 

important. Applicants further state that 

prohibiting Epoch from engaging in 

Fund Servicing Activities would not 

only adversely affect its business but 

would also adversely affect its 

employees who are involved in these 

activities. 

7. Applicants represent that: (1) none 

of Epoch’s current or former directors, 

officers or employees had any 

involvement in the Conduct; (2) no 

current or former employee of the 

Pleading Entities or any Covered Person 

who previously has been or who 

subsequently may be identified by the 

Pleading Entities or any U.S. or nonU.S. regulatory or enforcement agencies 

as having been responsible for the 

Conduct will be an officer, director, or 

employee of any Covered Person; (3) the 

identified employees have had no, and 

will not have any future, involvement in 

the Covered Persons’ activities in any 

capacity described in section 9(a) of the 

Act; and (4) because the personnel of 

Epoch did not engage in the Conduct, 

shareholders of the Funds were not 

affected any differently than if those 

Funds had received services from any 

other non-affiliated investment adviser. 

8. Applicants have agreed that none of 

the Applicants or any of the other 

Covered Persons will employ the former 

employees of an affiliate of the Pleading 

Entities or any other person who 

subsequently may be identified by the 

Pleading Entity or any U.S. or non-U.S. 

regulatory or enforcement agencies as 

having been responsible for the Conduct 

in any capacity without first making a 

further application to the Commission 

pursuant to section 9(c). 

9. Applicants have also agreed each 

Applicant and Covered Person will 

adopt and implement policies and 

procedures reasonably designed to 

ensure compliance with the terms and 

conditions of any Orders granted under 

section 9(c). 

10. In addition, each Applicant and 

Covered Person will comply in all 

material respects with the material 

terms and conditions of the Plea 

Agreements and with the material terms 

of the FRB Order, the FinCEN Order, the 

OCC Order and any other orders issued 

by regulatory or enforcement agencies 

addressing the Conduct. 

11. Applicants further state that the 

Pleading Entities have undertaken and 

are continuing to undertake certain 

other remedial measures, as described 

in greater detail in the application. 

These remedial measures include: (i) 

implementing new transaction 

monitoring scenarios; (ii) enhancing 

policies and procedures related to the 

identification of parties involved in 

conducting transactions, the collection 

of such conductors’ identifying 

information, and reporting of the 

conductors in CTRs; (iii) terminating, 

separating, and/or sanctioning certain 

employees involved in the Conduct; and 

(iv) improving the overall compliance 

function and increasing their 

investments in the program, including 

by hiring competent and experienced 

AML compliance employees and 

executives and making significant 

investments in technology and AML 

systems. 

12. As a result of the foregoing, the 

Applicants submit that absent relief, the 

prohibitions of section 9(a) would be 

unduly or disproportionately severe, 

and that the Conduct did not constitute 

conduct that would make it against the 

public interest or protection of investors 

to grant the exemption. 

13. To provide further assurance that 

the exemptive relief being requested in 

the application would be consistent 

with the public interest and the 

protection of the investors, the 

Applicants state that with respect to 

each of the Funds for which Epoch is a 

sub-adviser, they have disclosed and 

discussed the circumstances that led to 

the Plea Agreements, as well as any 

effects on the Funds, with the Fund’s 

primary investment adviser. Applicants 

note that they understand that each 

primary investment adviser has 

provided to each Fund’s board of 

directors all information concerning the 

Plea Agreements and the Application 

necessary for those Funds to fulfill their 

disclosure and other obligations under 

the U.S. federal securities laws. 

Applicants also state that they have 

offered to reimburse the Funds for all 

reasonable out-of-pocket expenses that 

the Funds have incurred as a result of 

the impact of the Plea Agreements on 

Epoch. 

14. Applicants represent that the subadvisory fees that would otherwise be 

payable to Epoch by the primary 

investment advisers to the respective 

Funds for the period from October 10, 

2024 through the date upon which the 

Commission grants the Temporary 

Order have been and will continue to be 

retained by the primary investment 

advisers in escrow arrangements. 

Amounts placed in the escrow 

arrangements will be released after the 

Commission has acted on the 

application for the Permanent Order. 

15. TD Bank previously applied for, 

and was granted by the Commission, an 

exemptive order under Section 9(c) of 

the Act, as described in greater detail in 

the application.3 Applicants note that 

none of the conduct underlying the 

previous Section 9(c) order involved the 

provision of Fund Servicing Activities. 

Applicants’ Conditions 

Applicants agree that any order 

granted by the Commission pursuant to 

the application will be subject to the 

following conditions: 

1. Any temporary exemption granted 

pursuant to the application will be 

without prejudice to, and will not limit 

the Commission’s rights in any manner 

with respect to, any Commission 

investigation of, or administrative 

proceedings involving or against, 

Covered Persons, including, without 

limitation, the consideration by the 

Commission of a permanent exemption 

from section 9(a) of the Act requested 

pursuant to the Application or the 

revocation or removal of any temporary 

exemptions granted under the Act in 

connection with the Application. 

2. None of the Applicants or any of 

the other Covered Persons will employ 

the former employees of an affiliate of 

the Pleading Entities or any other 

person who subsequently may be 

identified by the Pleading Entities or 

any U.S. or non-U.S. regulatory or 

enforcement agencies as having been 

responsible for the Conduct in any 

capacity without first making a further 

application to the Commission pursuant 

to Section 9(c). 

3. Each Applicant and Covered Person 

will adopt and implement policies and 

procedures reasonably designed to 

ensure that it will comply with the 

terms and conditions of the Orders 

within 60 days of the date of the 

Permanent Order or, with respect to 

condition four, such later date or dates 

as may be contemplated by the Plea 

Agreements, the FRB Order, the FinCEN 

Order, the OCC Order or any other 

orders issued by regulatory or 

enforcement agencies addressing the 

Conduct. 

4. Each Applicant and Covered Person 

will comply in all material respects with 

the material terms and conditions of the 

Plea Agreements and with the material 

terms of the FRB Order, the FinCEN 

Order, the OCC Order, and any other 

orders issued by regulatory or 

enforcement agencies addressing the 

Conduct. 

5. Applicants will provide written 

notification to the Chief Counsel of the 

Commission’s Division of Investment 

Management with a copy to the Chief 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Notices 107185 

Counsel of the Commission’s Division of 

Enforcement of a material violation of 

the terms and conditions of the Orders 

within 30 days of discovery of the 

material violation. 

6. As a condition of the Temporary 

Order, the primary investment advisers 

will hold in an escrow arrangement 

amounts equal to all sub-advisory fees 

payable by the Funds to Epoch for the 

period from October 10, 2024 through 

the date upon which the Commission 

grants the Temporary Order. Amounts 

placed in the escrow arrangement will 

be released from the escrow 

arrangement after the Commission has 

acted on the application for the 

Permanent Order. 

Temporary Order 

The Commission has considered the 

matter and finds that Applicants have 

made the necessary showing to justify 

granting a temporary exemption. 

Accordingly, 

It is hereby ordered, pursuant to 

section 9(c) of the Act, that the 

Applicants and any other Covered 

Persons are granted a temporary 

exemption from the provisions of 

section 9(a), effective as the date of this 

order, solely with respect to the Guilty 

Pleas entered into pursuant to the Plea 

Agreements, subject to the 

representations and conditions in the 

application, until the Commission takes 

final action on their application for a 

permanent order. 

By the Commission. 

J. Matthew DeLesDernier, 

Deputy Secretary. 

[FR Doc. 2024–31134 Filed 12–30–24; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration # 20931 and # 20841; 

NEW YORK Disaster Number NY–20021] 

Administrative Disaster Declaration of 

a Rural Area for the State of New York 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative disaster declaration of a 

rural area for the State of NEW YORK 

dated December 20, 2024. 

Incident: Severe Storm and Flooding. 

DATES: Issued on December 20, 2024. 

Incident Period: August 18, 2024 

through August 19, 2024. 

Physical Loan Application Deadline 

Date: February 18, 2025. 

Economic Injury (EIDL) Loan 

Application Deadline Date: September 

22, 2025. 

ADDRESSES: Visit the MySBA Loan 

Portal at https://lending.sba.gov to 

apply for a disaster assistance loan. 

FOR FURTHER INFORMATION CONTACT: 

Alan Escobar, Office of Disaster 

Recovery & Resilience, U.S. Small 

Business Administration, 409 3rd Street 

SW, Suite 6050, Washington, DC 20416, 

(202) 205–6734. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

Administrator’s disaster declaration of a 

rural area, applications for disaster 

loans may be submitted online using the 

MySBA Loan Portal https://

lending.sba.gov or other locally 

announced locations. Please contact the 

SBA disaster assistance customer 

service center by email at 

disastercustomerservice@sba.gov or by 

phone at 1–800–659–2955 for further 

assistance. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Lewis. 

The Interest Rates are: 

Percent 

For Physical Damage: 

Homeowners with Credit Available Elsewhere ...................... 5.625 

Homeowners without Credit 

Available Elsewhere .............. 2.813 

Businesses with Credit Available Elsewhere ...................... 8.000 

Businesses without Credit 

Available Elsewhere .............. 4.000 

Non-Profit Organizations with 

Credit Available Elsewhere ... 3.250 

Non-Profit Organizations without Credit Available Elsewhere ..................................... 3.250 

For Economic Injury: 

Business and Small Agricultural 

Cooperatives without Credit 

Available Elsewhere .............. 4.000 

Non-Profit Organizations without Credit Available Elsewhere ..................................... 3.250 

The number assigned to this disaster 

for physical damage is 209316 and for 

economic injury is 208410. 

The State which received an EIDL 

Declaration is New York. 

(Catalog of Federal Domestic Assistance 

Number 59008) 

Isabella Guzman, 

Administrator. 

[FR Doc. 2024–31430 Filed 12–30–24; 8:45 am] 

BILLING CODE 8026–09–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2024–0046] 

Privacy Act of 1974; System of 

Records 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of a modified system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, we are issuing 

public notice of our intent to modify an 

existing system of records entitled, 

Master Files of Social Security Number 

(SSN) Holders and SSN Applications 

(60–0058), last published on January 4, 

2022. This notice publishes details of 

the modified system as set forth below 

under the caption, SUPPLEMENTARY

INFORMATION. 

DATES: The system of records notice 

(SORN) is applicable upon its 

publication in today’s Federal Register, 

with the exception of the new routine 

use, which is effective January 30, 2025. 

We invite public comment on the 

routine uses or other aspects of this 

SORN. In accordance with the Privacy 

Act of 1974, we are providing the public 

a 30-day period in which to submit 

comments. Therefore, please submit any 

comments by January 30, 2025. 

ADDRESSES: The public, Office of 

Management and Budget (OMB), and 

Congress may comment on this 

publication by writing to the Executive 

Director, Office of Privacy and 

Disclosure, Office of the General 

Counsel, SSA, Room G–401 West High 

Rise, 6401 Security Boulevard, 

Baltimore, Maryland 21235–6401, or 

through the Federal e-Rulemaking Portal 

at http://www.regulations.gov. Please 

reference docket number SSA–2024– 

0046. All comments we receive will be 

available for public inspection at the 

above address and we will post them to 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Tristin Dorsey, Government Information 

Specialist, Privacy Implementation 

Division, Office of Privacy and 

Disclosure, Office of the General 

Counsel, SSA, Room G–401 West High 

Rise, 6401 Security Boulevard, 

Baltimore, Maryland 21235–6401, 

telephone: (410) 966–5855, email: 

OGC.OPD.SORN@ssa.gov. 

SUPPLEMENTARY INFORMATION: We are 

clarifying the system location to 

recognize that we may also maintain 

records in a cloud-based environment. 

We are revising the categories of 

individuals covered by the system and 

routine use No. 14 to incorporate 

gender-inclusive language, in support of 


khammond on DSK9W7S144PROD with NOTICES