Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 52833 

information necessitated by such minimum 

financial and related reporting requirements by any 

[FCM or IB that] is a member of more than one 

[SRO]; (5) Fosters cooperation and coordination 

among the contract markets; and (6) Does not 

hinder the development of a registered futures 

association under [S]ection 17 of the Act.’’

7One of the comments received with respect to 

the proposed amendments published in 2004 was 

from the Futures Industry Association (‘‘FIA’’), 

dated June 18, 2004, which stated that the FIA’s 

comments may change based on the results of the 

Commission’s SRO study and that any action taken 

with respect to the proposed amendments to the 

JAC agreement should be deferred until the 

completion of the SRO study. 

8 72 FR 6936 (February 14, 2007). 

9See 72 FR 65658 (November 23, 2007). 

In 2004, the SROs, through the JAC, 

submitted proposed amendments to the 

1984 agreement to the Commission for 

approval. The Commission published 

the proposed amendments for public 

comment on April 12, 2004. The 

proposal, however, became linked to the 

Commission’s study on the SRO 

process, which encompassed the topic 

of the general governance of SROs and 

the role of industry self-regulation.7 The 

Commission completed its SRO 

governance study in 2007 with the 

adoption of a regulation providing 

acceptable practices under core 

principles for the composition of boards 

of directors of SROs.8 However, the 

effectiveness of this regulation has been 

stayed,9 and no final action was taken 

by the Commission with respect to the 

amendments proposed in 2004. The 

1984 Agreement has remained in effect, 

and the JAC has continued its role of 

enabling the cooperative examination of 

member firms in the intervening time 

period. 

The Commission has now received 

from the JAC a revised series of 

proposed amendments to the 1984 

Agreement (‘‘Proposed Agreement’’) for 

which approval has been requested. In 

accordance with Regulation 1.52(g), the 

Commission is publishing this notice to 

request public comment on the 

Proposed Agreement before taking 

action to approve or to deny approval of 

the Proposed Agreement. 

The Proposed Agreement includes 

provisions addressing JAC governance 

procedures and voting rights, 

membership criteria, information 

sharing arrangements, and DSRO 

designation criteria. The Proposed 

Agreement differs in several material 

respects from the revisions published 

for comment in 2004, and many 

comments received in 2004 were related 

to provisions which are no longer 

applicable in the Proposed Agreement. 

In addition, in the intervening period of 

four years commenters may have 

changed their positions from those 

previously communicated. Therefore, 

the Commission will not consider the 

comments submitted in response to the 

2004 request for comments in assessing 

whether the Proposed Agreement 

satisfies the requirements of Regulation 

1.52(g). Accordingly, any person 

wishing to comment on the Proposed 

Agreement should submit a comment 

letter. 

The Commission invites comment on 

the Proposed Agreement, particularly 

with respect to the ability of the DSRO 

system to continue to serve the public 

interest, reduce duplicative reporting 

and examination burdens on FCMs, 

strengthen customer protections, and 

foster cooperation and coordination 

among DCMs. 

The 1984 Agreement, Commission 

letter approving the 1984 Agreement, 

and the Proposed Agreement are 

available on the Commission’s Web site 

at http://www.cftc.gov upon the 

issuance of this notice by the 

Commission. Copies of these documents 

also may be obtained from the Office of 

the Secretariat, Commodity Futures 

Trading Commission, 1155 21st Street, 

NW., Washington, DC 20581. 

Issued in Washington, DC on September 8, 

2008, by the Commission. 

David Stawick, 

Secretary of the Commission. 

[FR Doc. E8–21114 Filed 9–10–08; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Privacy Act of 1974; System of 

Records 

AGENCY: Commodity Futures Trading 

Commission (CFTC). 

ACTION: Proposed routine use; request 

for public comment. 

SUMMARY: The CFTC proposes to adopt 

a new routine use that would permit 

disclosure of CFTC records governed by 

the Privacy Act when reasonably 

necessary to respond and prevent, 

minimize, or remedy harm that may 

result from an agency data breach or 

compromise. 

DATES: The deadline for public 

comments is October 14, 2008. 

Comments received after that date will 

be considered at the CFTC’s discretion. 

ADDRESSES: Interested parties are 

invited to submit written comments. 

Reference should be made to ‘‘Privacy 

Act of 1974; System of Records.’’

Comments should be mailed or 

delivered to: Commodity Futures 

Trading Commission, 1155 21st Street, 

NW., Washington, DC 20581, Attention: 

Office of the Secretariat. Comments may 

be sent by facsimile to 202.418.5521, or 

by e-mail to secretary@cftc.gov. 

FOR FURTHER INFORMATION CONTACT: Gail 

Scott, Attorney, CFTC, Office of General 

Counsel, 1155 21st Street, NW., 

Washington, DC 20581, 202–418–5139, 

gscott@cftc.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, and as 

recommended in the Office of 

Management and Budget Memorandum 

M–07–16 (Attachment 2), this document 

provides public notice that the CFTC is 

proposing to adopt a new ‘‘routine use’’

that will apply to all CFTC records 

systems covered by the Privacy Act of 

1974. The Act applies to agency systems 

of records about individuals that the 

agency maintains and retrieves by name 

or other personal identifier, such as its 

personnel and payroll systems and 

certain other CFTC records systems. A 

list of the agency’s current Privacy Act 

systems of records can be viewed on the 

CFTC’s Web site at: http://www.cftc.gov/ 

lawandregulation/federalregister/ 

systemsofrecords/index.htm. The new 

routine use would be added to the 

section General Statement of Routine 

Uses, which describes routine uses that 

apply globally to all CFTC Privacy Act 

records systems. 

This new routine use is needed in 

order to allow for disclosure of records 

to appropriate persons and entities for 

purposes of response and remedial 

efforts in the event of a breach of data 

contained in the protected systems. This 

routine use will facilitate an effective 

response to a confirmed or suspected 

breach by allowing for disclosure to 

individuals affected by the breach, in 

cases, if any, where such disclosure is 

not otherwise authorized under the Act. 

This routine use will also authorize 

disclosures to others who are in a 

position to assist in response efforts, 

either by assisting in notification to 

affected individuals or otherwise 

playing a role in preventing, 

minimizing, or remedying harms from 

the breach. 

The Privacy Act authorizes the agency 

to adopt routine uses that are consistent 

with the purpose for which information 

is collected and subject to that Act. 5 

U.S.C. 552a(b)(3); see also 5 U.S.C. 

552a(a)(7). The CFTC believes that it is 

consistent with the collection of 

information pertaining to such 

individuals to disclose Privacy Act 

records when, in doing so, it will help 

prevent, minimize or remedy a data 

breach or compromise that may affect 

such individuals. By contrast, the CFTC 

believes that failure to take reasonable 


rmajette on PRODPC74 with NOTICES
52834 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 

steps to help prevent, minimize the 

harm that may result from such a breach 

or compromise would jeopardize, rather 

than promote, the privacy of such 

individuals. Accordingly, the 

Commission concludes that it is 

authorized under the Privacy Act to 

adopt a routine use permitting 

disclosure of Privacy Act records for 

such purposes. 

In accordance with the Privacy Act, 

see 5 U.S.C. 552a(e)(4) and (11), the 

CFTC is publishing notice of this 

routine use and giving the public a 30- 

day period to comment before adopting 

it as final. The CFTC is also providing 

at least 40 days advance notice of this 

proposed system notice amendment to 

OMB and the Congress, as required by 

the Act, 5 U.S.C. 552a(r), and OMB 

Circular A–130, Revised, Appendix I. 

We note that the text of this routine use 

is taken from the routine use that has 

already been published in final form by 

the Department of Justice after public 

comment. See 72 FR 3410 (Jan. 25, 

2007). Similarly, after taking into 

account comments, if any, received by 

the CFTC, the CFTC intends to publish 

its proposed routine use as final after 

the period for OMB and Congressional 

review is complete, including whatever 

revisions may be deemed appropriate or 

necessary, if any. 

Accordingly, the CFTC hereby 

proposes to amend the section General 

Statement of Routine Uses of its Privacy 

Act system notices, as published at 66 

FR 41842, by adding the following new 

routine use at the end of the existing 

routine uses set forth in that Appendix: 

* * * * * 

To appropriate agencies, entities, and 

persons when (1) the CFTC suspects or 

has confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) the CFTC has 

determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

CFTC or another agency or entity) that 

rely upon the compromised 

information; and (3) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

in connection with the CFTC’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

By direction of the Commission on 

September 8, 2008. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E8–21116 Filed 9–10–08; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Closed Meeting of the Defense Policy 

Board Advisory Committee 

AGENCY: Department of Defense. 

ACTION: Notice. 

SUMMARY: The Defense Policy Board 

Advisory Committee announced a 

closed session in the Federal Register 

on August 22, 2008 (73 FR 49652). This 

notice is being published to announce a 

change in the meeting times. The 

Defense Policy Board Advisory 

Committee will now meet on September 

25, 2008 from 0800 until 1930 and 

September 26, 2008 from 0800 until 

1500. 

Dated: September 3, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E8–21101 Filed 9–10–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Missile Defense Advisory Committee 

Closed Meeting 

AGENCY: Department of Defense; Missile 

Defense Agency (MDA). 

ACTION: Notice of closed meeting. 

SUMMARY: Under the provisions of the 

Federal Advisory Committee Act of 

1972 (5 U.S.C., Appendix, as amended) 

and the Government in the Sunshine 

Act of 1976 (5 U.S.C. 552b, as amended) 

and 41 CFR 102–3.150, the Department 

of Defense announces the following 

Federal advisory committee meeting of 

the Missile Defense Advisory 

Committee. 

DATES: Tuesday, September 16, 2008 

(8 a.m. to 3 p.m.) 

ADDRESSES: 7100 Defense Pentagon, 

Washington, DC 20301–7100. Security 

clearance and visit requests are required 

for access. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Al Bready, Designated Federal Officer at 

mdac@mda.mil, phone/voice mail 703–

695–6438, or mail at 7100 Defense 

Pentagon, Washington, DC 20301–7100. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Meeting: At this 

meeting, the Committee will receive 

classified briefings by Missile Defense 

Agency senior staff, Program Managers, 

senior Department of Defense leaders, 

representatives from industry and the 

Services on the policy, technical, and 

programmatic aspects of developing and 

deploying space-based sensors and 

interceptors that could provide for the 

defense of the U.S. Homeland, deployed 

forces, allies, friends from ballistic 

missile attack; and countering adversary 

space systems and ASAT systems. 

Agenda: Topics tentatively scheduled 

for classified discussion include, but are 

not limited to MDA Space Architecture 

Study, External Sensors Lab, SpaceBased Surveillance System, and Space 

Control. 

Meeting Accessibility: Pursuant to 5 

U.S.C. 552b, as amended, and 41 CFR 

102–3.155, the Missile Defense Agency 

has determined that the meeting shall be 

closed to the public. The Director, 

Missile Defense Agency, in consultation 

with the Missile Defense Agency Office 

of General Counsel, has determined in 

writing that the public interest requires 

that all sessions of the committee’s 

meeting will be closed to the public 

because they will be concerned with 

classified information and matters 

covered by section 5 U.S.C. 552b(c)(1). 

Written Statements: Pursuant to 41 

CFR 102–3.105(j) and 102–3.140, and 

section 10(a)(3) of the Federal Advisory 

Committee Act of 1972, the public or 

interested organizations may submit 

written statements to the membership of 

the Missile Defense Advisory 

Committee about its mission and 

functions. Written statements may be 

submitted at any time or in response to 

the stated agenda of a planned meeting 

of the Missile Defense Advisory 

Committee. 

All written statements shall be 

submitted to the Designated Federal 

Officer for the Missile Defense Advisory 

Committee, in the following formats: 

One hard copy with original signature 

and one electronic copy via e-mail 

(acceptable file formats: Adobe Acrobat 

PDF, MS Word or MS PowerPoint), and 

this individual will ensure that the 

written statements are provided to the 

membership for their consideration. 

Contact information for the Designated 

Federal Officer is as stated below and 

can also be obtained from the GSA’s 

Federal Advisory Committee Act 

Database—https://www.fido.gov/ 

facadatabase/public.asp. 

Statements being submitted in 

response to the agenda mentioned in 

this notice must be received by the 

Designated Federal Officer at the 


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