[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Notices]
[Pages 51854-51859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20999]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. PA-44; File No. S7-17-10]


Privacy Act of 1974: Systems of Records

AGENCY: Securities and Exchange Commission.

ACTION: Notice to establish systems of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the U.S. Securities and Exchange 
Commission (``Commission'' or ``SEC'') gives notice of a proposal to 
establish the following two new Privacy Act systems of records: 
``Municipal Advisor Records (SEC-61)'' and ``Correspondence Files 
Pertaining to Municipal Advisors; Municipal Advisor Logs (SEC-62)''.

DATES: The proposed systems will become effective October 4, 2010 
unless further notice is given. The Commission will publish a new 
notice if the effective date is delayed to review comments or if 
changes are made based on comments received. To be assured of 
consideration, comments should be received on or before September 22, 
2010.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

    <bullet> Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or
    <bullet> Send an e-mail to <a href="/cdn-cgi/l/email-protection#6b191e070e46080406060e051f182b180e08450c041d"><span class="__cf_email__" data-cfemail="245651484109474b4949414a5057645741470a434b52">[email protected]</span></a>. Please include 
File Number S7-17-10 on the subject line.

Paper Comments

    Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, U.S.

[[Page 51855]]

Securities and Exchange Commission, 100 F Street, NE., Washington, DC 
20549-1090. All submissions should refer to File Number S7-17-10. 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/other.shtml). 
Comments are also available for Web site viewing and printing 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: Barbara A. Stance, Chief Privacy 
Officer, Office of Information Technology, 202-551-7209.

SUPPLEMENTARY INFORMATION: The Commission gives notice of the proposed 
establishment of new systems of records as follows: ``Municipal Advisor 
Records (SEC-61),'' which contains records relating to Municipal 
Advisor applicants, registrants, and their associated or related 
persons, and ``Correspondence Files Pertaining to Municipal Advisors; 
Municipal Advisor Logs (SEC-62)'', which contains records of 
correspondence, inquiries, requests, comments or other communications 
submitted to the Commission or SEC staff relating to Municipal 
Advisors.
    The Commission has submitted a report of the new systems of records 
to the appropriate Congressional committees and to the Director of the 
Office of Management and Budget (``OMB'') as required by 5 U.S.C. 
552a(r) (Privacy Act of 1974) and guidelines issued by OMB on December 
12, 2000 (65 FR 77677).
    Accordingly, the Commission is proposing two new systems of records 
to read as follows:
SEC-61

SYSTEM NAME:
    Municipal Advisor Records.

SYSTEM LOCATION:
    U.S. Securities and Exchange Commission (``Commission'' or ``SEC'') 
100 F Street, NE., Washington, DC 20549.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system of records covers applicants for registration or 
exemption from registration as Municipal Advisors, current and former 
registrants, and individuals having a relationship with or a 
transaction with a registrant including: partners, officers, directors, 
associated persons, control persons, control affiliates, employees, 
owners, principal shareholders, and other related persons or entities; 
and their representatives or counsel.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Both electronic and paper records in this system may include: name, 
business address, residential address (for sole proprietor only), 
telephone/cellular/facsimile number, e-mail address, Web site or 
Internet address, IRS employer identification number, IA SEC File 
Number, Broker Dealer SEC File Number, CRD Number, areas of business, 
other SEC registrations, SRO memberships, and related information; past 
and present employment; disciplinary history; business relationships; 
and similar information relating to the categories of individuals 
covered by the system. Paper records may include, but are not limited 
to, application and other forms, records, or documents relating to 
registration; letters, facsimiles, imaged documents, and other forms of 
written communication; and related documentation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Dodd-Frank Wall Street Reform and Consumer Protection Act, Section 
975(a), Pub. L. 111-203 (2010); 15 U.S.C. 78a et seq.; 80b-1 et seq.; 
and 17 CFR 202.1 to 202.10.

PURPOSE(S):
    The records are used by authorized staff to review and process 
applications for registration or exemption as Municipal Advisors; with 
respect to the regulation and oversight of registrations and 
registrants and their associated or related persons as stated in the 
section relating to Categories of Individuals Covered by the System; to 
maintain and disclose in accordance with statutory or regulatory 
provisions records relating to such applications, registrations, 
registrants, and associated or related persons; and to implement and 
administer the federal securities laws and rules.

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 Commission as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. To appropriate agencies, entities, and persons when (a) It is 
suspected or confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) the SEC 
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 SEC or 
another agency or entity) that rely upon the compromised information; 
and (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the SEC's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    2. To other federal, state, local, or foreign law enforcement 
agencies; securities self-regulatory organizations; and foreign 
financial regulatory authorities to assist in or coordinate regulatory 
or law enforcement activities with the SEC.
    3. To national securities exchanges and national securities 
associations that are registered with the SEC, the Municipal Securities 
Rulemaking Board; the Securities Investor Protection Corporation; the 
Public Company Accounting Oversight Board; the federal banking 
authorities, including, but not limited to, the Board of Governors of 
the Federal Reserve System, the Comptroller of the Currency, and the 
Federal Deposit Insurance Corporation; state securities regulatory 
agencies or organizations; or regulatory authorities of a foreign 
government in connection with their regulatory or enforcement 
responsibilities.
    4. By SEC personnel for purposes of investigating possible 
violations of, or to conduct investigations authorized by, the federal 
securities laws.
    5. In any proceeding where the federal securities laws are in issue 
or in which the Commission, or past or present members of its staff, is 
a party or otherwise involved in an official capacity.
    6. In connection with proceedings by the Commission pursuant to 
Rule 102(e) of its Rules of Practice, 17 CFR 201.102(e).
    7. To a bar association, state accountancy board, or other federal, 
state, local, or foreign licensing or oversight authority; or 
professional association or self-regulatory authority to the extent 
that it performs similar functions (including the Public

[[Page 51856]]

Company Accounting Oversight Board) for investigations or possible 
disciplinary action.
    8. To a federal, state, local, tribal, foreign, or international 
agency, if necessary to obtain information relevant to the SEC's 
decision concerning the hiring or retention of an employee; the 
issuance of a security clearance; the letting of a contract; or the 
issuance of a license, grant, or other benefit.
    9. To a federal, state, local, tribal, foreign, or international 
agency in response to its request for information concerning 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.
    10. To produce summary descriptive statistics and analytical 
studies, as a data source for management information, in support of the 
function for which the records are collected and maintained or for 
related personnel management functions or manpower studies; may also be 
used to respond to general requests for statistical information 
(without personal identification of individuals) under the Freedom of 
Information Act.
    11. To any trustee, receiver, master, special counsel, or other 
individual or entity that is appointed by a court of competent 
jurisdiction, or as a result of an agreement between the parties in 
connection with litigation or administrative proceedings involving 
allegations of violations of the federal securities laws (as defined in 
section 3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 
78c(a)(47)) or pursuant to the Commission's Rules of Practice, 17 CFR 
201.100-900 or the Commission's Rules of Fair Fund and Disgorgement 
Plans, 17 CFR 201.1100-1106, or otherwise, where such trustee, 
receiver, master, special counsel, or other individual or entity is 
specifically designated to perform particular functions with respect 
to, or as a result of, the pending action or proceeding or in 
connection with the administration and enforcement by the Commission of 
the federal securities laws or the Commission's Rules of Practice or 
the Rules of Fair Fund and Disgorgement Plans.
    12. To any persons during the course of any inquiry, examination, 
or investigation conducted by the SEC's staff, or in connection with 
civil litigation, if the staff has reason to believe that the person to 
whom the record is disclosed may have further information about the 
matters related therein, and those matters appeared to be relevant at 
the time to the subject matter of the inquiry.
    13. To interns, grantees, experts, contractors, and others who have 
been engaged by the Commission to assist in the performance of a 
service related to this system of records and who need access to the 
records for the purpose of assisting the Commission in the efficient 
administration of its programs, including by performing clerical, 
stenographic, or data analysis functions, or by reproduction of records 
by electronic or other means. Recipients of these records shall be 
required to comply with the requirements of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a.
    14. In reports published by the Commission pursuant to authority 
granted in the federal securities laws (as such term is defined in 
section 3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 
78c(a)(47)), which authority shall include, but not be limited to, 
section 21(a) of the Securities Exchange Act of 1934, 15 U.S.C. 78u(a).
    15. To members of advisory committees that are created by the 
Commission or by Congress to render advice and recommendations to the 
Commission or to Congress, to be used solely in connection with their 
official designated functions.
    16. To any person who is or has agreed to be subject to the 
Commission's Rules of Conduct, 17 CFR 200.735-1 to 200.735-18, and who 
assists in the investigation by the Commission of possible violations 
of the federal securities laws (as such term is defined in section 
3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 78c(a)(47)), 
in the preparation or conduct of enforcement actions brought by the 
Commission for such violations, or otherwise in connection with the 
Commission's enforcement or regulatory functions under the federal 
securities laws.
    17. To a Congressional office from the record of an individual in 
response to an inquiry from the Congressional office made at the 
request of that individual.
    18. To members of Congress, the press, and the public in response 
to inquiries relating to particular Registrants and their activities, 
and other matters under the Commission's jurisdiction.
    19. To prepare and publish information relating to violations of 
the federal securities laws as provided in 15 U.S.C. 78c(a)(47), as 
amended.
    20. To respond to subpoenas in any litigation or other proceeding.
    21. To a trustee in bankruptcy.
    22. To members of Congress, the General Accountability Office, or 
others charged with monitoring the work of the Commission or conducting 
records management inspections.
    23. To any governmental agency, governmental or private collection 
agent, consumer reporting agency or commercial reporting agency, 
governmental or private employer of a debtor, or any other person, for 
collection, including collection by administrative offset, federal 
salary offset, tax refund offset, or administrative wage garnishment, 
of amounts owed as a result of Commission civil or administrative 
proceedings.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in electronic and paper format. Electronic 
records are stored in computerized databases and/or on computer disc. 
Paper records and records on computer disc are stored in locked file 
rooms and/or file cabinets.

RETRIEVABILITY:
    Records may be retrieved by any of the following: Name, address, 
receipt date, entity name, registration number, telephone/cellular/
facsimile number, email or Internet address, subject matter, or other 
indexed information.

SAFEGUARDS:
    Records are safeguarded in a secured environment. Buildings where 
records are stored have security cameras and 24 hour security guard 
service. The records are kept in limited access areas during duty hours 
and in locked file cabinets and/or locked offices or file rooms at all 
other times. Apart from information publicly disclosed pursuant to 
statutory or regulatory provisions, access is limited to those 
personnel whose official duties require access. Computerized records 
are safeguarded through use of access codes and information technology 
security. Contractors and other recipients providing services to the 
Commission are contractually obligated to maintain equivalent 
safeguards.

RETENTION AND DISPOSAL:
    These records will be maintained until they become inactive, at 
which time they will be retired or destroyed in accordance with records 
schedules of the United States Securities and Exchange Commission and 
as approved by the National Archives and Records Administration.

[[Page 51857]]

SYSTEM MANAGERS AND ADDRESSES:
    Assistant Director, Division of Trading and Markets, U.S. 
Securities and Exchange Commission, 100 F Street, NE., Washington, DC 
20549-7561.

NOTIFICATION PROCEDURE:
    All requests to determine whether this system of records contains a 
record pertaining to the requesting individual may be directed to the 
FOIA/PA Officer, U.S. Securities and Exchange Commission, 100 F Street, 
NE., Washington, DC 20549-5100.

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 
FOIA/PA Officer, U.S. Securities and Exchange Commission, 100 F Street, 
NE., Washington, DC 20549-5100.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures above.

RECORD SOURCE CATEGORIES:
    Information collected is received primarily from applicants for 
registration or exemption from registration, current and former 
registrants, and partners, officers, directors, associated persons, 
control persons, control affiliates, employees, owners, principal 
shareholders, other related persons or entities, members of the public, 
and their representatives or counsel, via form, correspondence, or 
other written or verbal forms of communication, including without 
limitation telephone calls, emails and other forms of electronic 
communication, letters, or facsimiles to the Commission and SEC staff.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
SEC-62

SYSTEM NAMES:
    Correspondence Files Pertaining to Municipal Advisors; Municipal 
Advisor Logs.

SYSTEM LOCATION:
    U.S. Securities and Exchange Commission (``Commission'' or ``SEC'') 
100 F Street, NE., Washington, DC 20549.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Persons applying for registration or exemption from registration as 
a Municipal Advisor, persons currently or formerly registered with the 
Commission as a Municipal Advisor, and their partners, officers, 
directors, associated persons, control persons, control affiliates, 
employees, owners, principal shareholders, other related persons, and 
their representatives or counsel; and representatives of regulated 
entities and their counsel, members of the public, representatives of 
other governmental agencies or Congress, and others who submit 
correspondence, inquiries, information, comments, or other forms of 
communication to the Commission or SEC staff relating to Municipal 
Advisors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Both electronic and paper records in this system may include 
information concerning an individual's activities, transactions, and 
disciplinary history as or pertaining to, or relationships with, a 
Municipal Advisor; the name of the correspondent or inquirer/requester/
commenter/communicant or their representative; the name, residential 
and/or business address, telephone/cellular/facsimile number, and email 
or Internet address of the correspondent or entity; the subject of the 
correspondence, inquiry/request/comment or communication; the date of 
the correspondence, inquiry/request/comment or communication; and the 
Commission or SEC staff response provided, or other disposition, on a 
formal or informal basis. Paper records may include, but are not 
limited to, letters, facsimiles, imaged documents, other written forms 
of communication, and related documentation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Dodd-Frank Wall Street Reform and Consumer Protection Act, Section 
975(a), Public Law 111-203 (2010); 15 U.S.C. 78a et seq.; 80b-1 et 
seq.; and 17 CFR 202.1 to 202.10.

PURPOSE(S):
    The records are used by authorized SEC staff to track, process, 
respond to, and maintain documentation of correspondence, inquiries/
requests/comments, communications, and related information from members 
of the public, including industry representatives, counsel, and others, 
relating to Municipal Advisors; to document Commission or SEC staff 
responses on a formal or informal basis.

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 Commission as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. To appropriate agencies, entities, and persons when (a) It is 
suspected or confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) the SEC 
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 SEC or 
another agency or entity) that rely upon the compromised information; 
and (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the SEC's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    2. To other federal, state, local, or foreign law enforcement 
agencies; securities self-regulatory organizations; and foreign 
financial regulatory authorities to assist in or coordinate regulatory 
or law enforcement activities with the SEC.
    3. To national securities exchanges and national securities 
associations that are registered with the SEC, the Municipal Securities 
Rulemaking Board; the Securities Investor Protection Corporation; the 
Public Company Accounting Oversight Board; the federal banking 
authorities, including, but not limited to, the Board of Governors of 
the Federal Reserve System, the Comptroller of the Currency, and the 
Federal Deposit Insurance Corporation; state securities regulatory 
agencies or organizations; or regulatory authorities of a foreign 
government in connection with their regulatory or enforcement 
responsibilities.
    4. By SEC personnel for purposes of investigating possible 
violations of, or to conduct investigations authorized by, the federal 
securities laws.
    5. In any proceeding where the federal securities laws are in issue 
or in which the Commission, or past or present members of its staff, is 
a party or otherwise involved in an official capacity.
    6. In connection with proceedings by the Commission pursuant to 
Rule 102(e) of its Rules of Practice, 17 CFR 201.102(e).
    7. To a bar association, state accountancy board, or other federal, 
state, local, or foreign licensing or oversight authority; or 
professional association or self-regulatory authority to the extent 
that it performs similar functions (including the Public

[[Page 51858]]

Company Accounting Oversight Board) for investigations or possible 
disciplinary action.
    8. To a federal, state, local, tribal, foreign, or international 
agency, if necessary to obtain information relevant to the SEC's 
decision concerning the hiring or retention of an employee; the 
issuance of a security clearance; the letting of a contract; or the 
issuance of a license, grant, or other benefit.
    9. To a federal, state, local, tribal, foreign, or international 
agency in response to its request for information concerning 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.
    10. To produce summary descriptive statistics and analytical 
studies, as a data source for management information, in support of the 
function for which the records are collected and maintained or for 
related personnel management functions or manpower studies; may also be 
used to respond to general requests for statistical information 
(without personal identification of individuals) under the Freedom of 
Information Act.
    11. To any trustee, receiver, master, special counsel, or other 
individual or entity that is appointed by a court of competent 
jurisdiction, or as a result of an agreement between the parties in 
connection with litigation or administrative proceedings involving 
allegations of violations of the federal securities laws (as defined in 
section 3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 
78c(a)(47)) or pursuant to the Commission's Rules of Practice, 17 CFR 
201.100-900 or the Commission's Rules of Fair Fund and Disgorgement 
Plans, 17 CFR 201.1100-1106, or otherwise, where such trustee, 
receiver, master, special counsel, or other individual or entity is 
specifically designated to perform particular functions with respect 
to, or as a result of, the pending action or proceeding or in 
connection with the administration and enforcement by the Commission of 
the federal securities laws or the Commission's Rules of Practice or 
the Rules of Fair Fund and Disgorgement Plans.
    12. To any persons during the course of any inquiry, examination, 
or investigation conducted by the SEC's staff, or in connection with 
civil litigation, if the staff has reason to believe that the person to 
whom the record is disclosed may have further information about the 
matters related therein, and those matters appeared to be relevant at 
the time to the subject matter of the inquiry.
    13. To interns, grantees, experts, contractors, and others who have 
been engaged by the Commission to assist in the performance of a 
service related to this system of records and who need access to the 
records for the purpose of assisting the Commission in the efficient 
administration of its programs, including by performing clerical, 
stenographic, or data analysis functions, or by reproduction of records 
by electronic or other means. Recipients of these records shall be 
required to comply with the requirements of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a.
    14. In reports published by the Commission pursuant to authority 
granted in the federal securities laws (as such term is defined in 
section 3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 
78c(a)(47)), which authority shall include, but not be limited to, 
section 21(a) of the Securities Exchange Act of 1934, 15 U.S.C. 78u(a).
    15. To members of advisory committees that are created by the 
Commission or by Congress to render advice and recommendations to the 
Commission or to Congress, to be used solely in connection with their 
official designated functions.
    16. To any person who is or has agreed to be subject to the 
Commission's Rules of Conduct, 17 CFR 200.735-1 to 200.735-18, and who 
assists in the investigation by the Commission of possible violations 
of the federal securities laws (as such term is defined in section 
3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 78c(a)(47)), 
in the preparation or conduct of enforcement actions brought by the 
Commission for such violations, or otherwise in connection with the 
Commission's enforcement or regulatory functions under the federal 
securities laws.
    17. To a Congressional office from the record of an individual in 
response to an inquiry from the Congressional office made at the 
request of that individual.
    18. To members of Congress, the press, and the public in response 
to inquiries relating to particular Registrants and their activities, 
and other matters under the Commission's jurisdiction.
    19. To prepare and publish information relating to violations of 
the federal securities laws as provided in 15 U.S.C. 78c(a)(47), as 
amended.
    20. To respond to subpoenas in any litigation or other proceeding.
    21. To a trustee in bankruptcy.
    22. To members of Congress, the General Accountability Office, or 
others charged with monitoring the work of the Commission or conducting 
records management inspections.
    23. To any governmental agency, governmental or private collection 
agent, consumer reporting agency or commercial reporting agency, 
governmental or private employer of a debtor, or any other person, for 
collection, including collection by administrative offset, federal 
salary offset, tax refund offset, or administrative wage garnishment, 
of amounts owed as a result of Commission civil or administrative 
proceedings.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in electronic and paper format. Electronic 
records are stored in computerized databases and/or on computer disc. 
Paper records and records on computer disc are stored in locked file 
rooms and/or file cabinets.

RETRIEVABILITY:
    Records may be retrieved by any of the following: name, receipt 
date, entity name, registration number, telephone/cellular/facsimile 
number, email or Internet address, subject matter, or other indexed 
information.

SAFEGUARDS:
    Records are safeguarded in a secured environment. Buildings where 
records are stored have security cameras and 24 hour security guard 
service. The records are kept in limited access areas during duty hours 
and in locked file cabinets and/or locked offices or file rooms at all 
other times. Access is limited to those personnel whose official duties 
require access. Computerized records are safeguarded through use of 
access codes and information technology security. Contractors and other 
recipients providing services to the Commission are contractually 
obligated to maintain equivalent safeguards.

RETENTION AND DISPOSAL:
    These records will be maintained until they become inactive, at 
which time they will be retired or destroyed in accordance with records 
schedules of the United States Securities and Exchange Commission and 
as approved by the National Archives and Records Administration.

SYSTEM MANAGERS AND ADDRESSES:
    Assistant Director, Division of Trading and Markets, U.S. 
Securities

[[Page 51859]]

and Exchange Commission, 100 F Street, NE., Washington, DC 20549-7561.

NOTIFICATION PROCEDURE:
    All requests to determine whether this system of records contains a 
record pertaining to the requesting individual may be directed to the 
FOIA/PA Officer, U.S. Securities and Exchange Commission, 100 F Street, 
NE., Washington, DC 20549-5100.

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 
FOIA/PA Officer, U.S. Securities and Exchange Commission, 100 F Street, 
NE., Washington, DC 20549-5100.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures above.

RECORD SOURCE CATEGORIES:
    Information collected is received from individuals primarily 
through correspondence or other written or verbal forms of 
communication, including without limitation telephone calls, emails and 
other forms of electronic communication, letters, or facsimiles to the 
Commission and SEC staff.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    By the Commission.

    Dated: August 19, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-20999 Filed 8-20-10; 8:45 am]
BILLING CODE 8010-01-P


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