Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 30201 

8See SR–NASD–2002–180; Notice to Members 

03–21 (April 2003). FINRA is proposing to make 

this clarification even though such arrangements do 

not implicate the express language of the rule, in 

light of member inquiries regarding such securities 

and existing staff guidance. See Securities Exchange 

Act Release No. 47354 (February 12, 2003), 68 FR 

8053 (February 19, 2003) (Order Approving File No. 

SR–NASD–2002–180). 

9See id. 

10Associated persons would not similarly be 

permitted to reimburse their customers for losses 

under the rule given the concern that such 

payments may conceal individual misconduct. 

11 15 U.S.C. 78o–3(b)(6). 12 17 CFR 200.30–3(a)(12). 

otherwise incorporated as part of the 

supplementary material to proposed 

FINRA Rule 2150, as noted below. 

d. Proposed Supplementary Material 

In addition, FINRA is proposing to 

add a ‘‘Supplementary Material’’ section 

to proposed FINRA Rule 2150 that 

would: 

• Codify existing staff guidance 

clarifying that a ‘‘guarantee’’ extended 

to all holders of a particular security by 

an issuer as part of that security 

generally would not be subject to the 

prohibition against guarantees 8 and that 

a permissible sharing arrangement 

remains subject to other applicable 

FINRA rules; 9

• Clarify that the rule does not 

preclude a member from determining on 

an after-the-fact basis, to reimburse a 

customer for transaction losses, 

provided however that the member shall 

comply with all reporting requirements 

that may be applicable to such 

payment; 10

• Consistent with NYSE Rule 352(c), 

clarify that the rule does not preclude a 

member from correcting a bona fide 

error; and, 

• Clarify that the required written 

authorization(s) shall be preserved for a 

period of at least six years after the date 

the account is closed, which is 

consistent with the retention period 

under the SEA for similar records. 

FINRA intends to announce the 

implementation date of the proposed 

rule change in a Regulatory Notice to be 

published no later than 90 days 

following Commission approval. 

2. Statutory Basis 

FINRA believes that the proposed rule 

change is consistent with the provisions 

of Section 15A(b)(6) of the Act,11 which 

requires, among other things, that 

FINRA rules must be designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, and, in 

general, to protect investors and the 

public interest. FINRA believes that the 

proposed rule change will further the 

purposes of the Act by protecting 

investors against potential misconduct. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

FINRA does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(A) By order approve such proposed 

rule change, or 

(B) institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments: 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

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

Number SR–FINRA–2009–014 on the 

subject line. 

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 SR–FINRA–2009–014. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission 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/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for 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. 

Copies of such filing also will be 

available for inspection and copying at 

the principal office of FINRA. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–FINRA–2009–014 and 

should be submitted on or before July 

15, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–14802 Filed 6–23–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Privacy Act of 1974: System of 

Records 

AGENCY: Federal Highway 

Administration, Department of 

Transportation (DOT). 

ACTION: Notice to establish a system of 

records. 

SUMMARY: DOT intends to establish a 

system of records under the Privacy Act 

of 1974 entitled the ‘‘National Highway 

Institute Web site (NHIW) and Course 

Management and Tracking System 

(CMTS)’’. The system will contain 

information on customers and 

instructors who use or contribute 

services to the National Highway 

Institute. The NHIW does not contain 

any information about individuals, just 

course and session data that is stored in 

CMTS. Additional information on this 

system is described in the 

30202 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 

Supplementary Information section of 

this notice. 

DATES: Effective Date: August 3, 2009. If 

no comments are received, the proposal 

will become effective on the above date. 

If comments are received, the comments 

will be considered and, where adopted, 

the documents will be republished with 

changes. 

FOR FURTHER INFORMATION CONTACT: 

Habib Azarsina, Departmental Privacy 

Officer, Department of Transportation, 

Office of the Secretary, 1200 New Jersey 

Avenue, SE., Washington, DC 20003, 

202–366–1965 (telephone), 202–366– 

7870 (fax), habib.azarsina@dot.gov 

(Internet address). 

SUPPLEMENTARY INFORMATION: The 

Department of Transportation system of 

records notice subject to the Privacy Act 

of 1974 (5 U.S.C. 552a), as amended, has 

been published in the Federal Register 

and is available from the above 

mentioned address. 

SYSTEM NUMBER: 

DOT/FHWA 221. 

SYSTEM NAME: 

National Highway Institute Web site 

(NHIW) and Course Management and 

Tracking System (CMTS). 

SECURITY CLASSIFICATION: 

Sensitive, Unclassified. 

SYSTEM LOCATION: 

This system is located in the National 

Highway Institute (NHI), Federal 

Highway Administration, 4600 N. 

Fairfax Drive, Suite 800, Arlington, VA 

22203. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM OF RECORDS: 

CMTS contains information on 

customers and instructors who use or 

contribute services to the National 

Highway Institute. The NHIW does not 

contain any information about 

individuals, just course and session data 

that is stored in CMTS. When customers 

create accounts on NHIW to enroll in 

training, they are really creating an 

account in the User Profile and Access 

Control System (UPACS), and the 

information is stored in CMTS under 

the Customer module. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

CMTS contains records related to the 

administration of the training. 

Personally identifiable information in 

CMTS consists of customer names, work 

address, e-mail address, and work 

telephone number and instructor names 

and e-mail addresses. The NHIW 

contains training course and session 

information stored in CMTS that does 

not pertain to individuals and is 

available for public viewing. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU), Public Law 109– 

59. 

PURPOSES: 

FHWA has been given the 

responsibility of enhancing the highway 

movement of people and goods, while 

also ensuring the safety of the traveling 

public, promoting the efficiency of the 

transportation system, and protecting 

the environment. One vital component 

involved in reaching those goals is 

providing training pertaining to 

highway activities, particularly in 

making sure that professionals and 

members of the public have access to 

the best, most accurate information. 

Towards this goal, NHI develops and 

implements applicable training 

programs. To manage this increasingly 

complex task and to make the training 

process more accessible and useful NHI 

uses NHIW and a back-end database 

(CMTS) to support this public site. The 

NHIW, http://www.nhi.fhwa.dot.gov, is 

available to the general public and 

displays NHI’s training information. 

Through this site, members of the public 

can sign up for and take NHI-developed 

training, link to a separate government 

web site to pay for that training, 

schedule and participate in a Web 

conference, and download resources for 

developing courses. In addition, the 

NHIW offers the ability to purchase 

course materials. CMTS supports the 

NHIW by maintaining course 

development information, customer 

records, invoices, instructor records and 

contract data. There is a direct link 

between NHIW and CMTS. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

The records are used to administer 

training and for program evaluation 

purposes. Only federal program staff 

and contractors directly involved in 

administering the program have access 

to the information stored in CMTS. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are stored in an electronic 

database and in paper files. 

RETRIEVABILITY: 

Records are retrieved by participant 

name, course number, instructor name, 

contract number, and invoice number. 

SAFEGUARDS: 

Access to records in the electronic 

database is limited to program staff and 

protected via password controls. 

Physical access to the server and paper 

files is limited to appropriate personnel 

through building key cards and roomaccess keypads. Other security measures 

include firewalls, routine scans and 

monitoring, back-up activities, and 

security background checks. 

RETENTION AND DISPOSAL: 

The records retention schedules for 

these systems are pending National 

Archives and Records Administration 

(NARA) approval. The proposed 

retention period for this system is for 

the information to be maintained 

indefinitely. 

SYSTEM MANAGER AND ADDRESS: 

Director of Training, Federal Highway 

Administration, 4600 N. Fairfax Drive, 

Suite 800, Arlington, VA 22203. 

NOTIFICATION PROCEDURE: 

Individuals wishing to know if their 

records appear in this system may make 

a request in writing to the System 

Manager. The request must include the 

requester’s name, mailing address, 

telephone number and/or e-mail 

address, a description and the location 

of the records requested, and 

verification of identity. 

RECORD ACCESS PROCEDURES: 

Individuals seeking access to 

information about them in this system 

should apply to the System Manager, 

following the same procedure as 

indicated under ‘‘Notification 

procedure.’’ 

CONTESTING RECORD PROCEDURES: 

Individuals seeking to contest the 

content of information about them in 

this system should apply to the System 

Manager, following the same procedure 

as indicated under ‘‘Notification 

procedure.’’ 

RECORD SOURCE CATEGORIES: 

The customer records are obtained 

from forms that customers complete at 

training sessions, that are then entered 

directly in the system by program 

personnel or transactions (weekly 

patches) that occur via NHIW. Instructor 

records are obtained directly from the 

instructors. Data is entered directly in 

the system by program staff or by 

transactions (weekly patches) that occur 

via NHIW. 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 30203 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

DATE OF UPDATE: 

June 3, 2009. 

Dated: June 18, 2009. 

Habib Azarsina, 

Departmental Privacy Officer, 202–366–1965. 

[FR Doc. E9–14837 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Application for Approval of 

Discontinuance or Modification of a 

Railroad Signal System or Relief From 

the Requirements of Title 49 Code of 

Federal Regulations Part 236 

Pursuant to Title 49 Code of Federal 

Regulations (CFR) Part 235 and 49 

U.S.C. 20502(a), the following railroad 

has petitioned the Federal Railroad 

Administration (FRA) seeking approval 

for the discontinuance or modification 

of the signal system or relief from the 

requirements of 49 CFR Part 236, as 

detailed below. 

Docket Number FRA–2009–0052. 

Applicant: Norfolk Southern 

Corporation, Mr. Donald D. Graab, 

Assistant Vice-President Mechanical, 

Mechanical Department, 1200 Peachtree 

Street, NE., Atlanta, Georgia 30309– 

3579. 

The Norfolk Southern Corporation 

(NS) seeks relief from the requirements 

of the Rules, Standards, and 

Instructions, 49 CFR Part 236, 

§§ 236.586 and 236.110. NS seeks a 

waiver from compliance with § 236.586 

Daily or after trip test, in its entirety for 

locomotives equipped with UltraCab 

equipment. NS seeks a waiver from that 

portion of § 236.110 that requires 

record-keeping and record retention for 

tests performed under § 236.586. 

The reason given for the proposed 

changes is that UltraCab locomotive cab 

signal equipment is microprocessorbased, and it is universally recognized 

that this technology has provided vast 

breakthroughs in advanced train stop 

and train control equipment. These 

systems offer improvements far superior 

to their predecessors in performance, 

reliability, and safety. Equipment is now 

capable of checking itself several times 

a second and verifying that the system 

is functioning properly and that all 

external inputs are valid. 

Any interested party desiring to 

protest the granting of an application 

shall set forth specifically the grounds 

upon which the protest is made, and 

include a concise statement of the 

interest of the party in the proceeding. 

Additionally, one copy of the protest 

shall be furnished to the applicant at the 

address listed above. 

FRA expects to be able to determine 

these matters without an oral hearing. 

However, if a specific request for an oral 

hearing is accompanied by a showing 

that the party is unable to adequately 

present his or her position by written 

statements, an application may be set 

for public hearing. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2009– 

0052) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and 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 DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC on June 17, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–14830 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Informational Filing 

For informational purposes only, the 

Federal Railroad Administration (FRA) 

is providing notice that it has received 

an informational filing from the BNSF 

Railway Company (BNSF) to conduct 

testing of Configuration IV of BNSF’s 

Electronic Train Management System 

(ETMS) submitted pursuant to Title 49 

Code of Federal Regulations (CFR) 

236.913. The informational filing is 

described below, including the 

submitting party and the requisite 

docket number where the informational 

filing and any related information may 

be found. The document is available for 

public inspection; however, FRA is not 

accepting public comment on the 

document. 

BNSF Railway Company 

[Docket Number FRA–2006–23687] 

BNSF has submitted an informational 

filing to FRA to begin operational 

testing of ETMS Version IV on BNSF’s 

Stampede Subdivision. This testing will 

allow BNSF to obtain the necessary 

assessments required to amend BNSF’s 

currently approved Product Safety Plan 

(PSP) for ETMS Version I for a future 

submittal to FRA. In addition, this 

testing will allow BNSF to substantiate 

the ETMS technology on mountain 

grade territory with freight operations. 

The informational filing has been placed 

under Docket Number FRA–2006–23687 

and is available for public inspection. 

Interested parties are invited to 

review the informational filing and 

associated documents at the DOT 

Docket Management facility during 

regular business hours (9 a.m.–5 p.m.) at 

1200 New Jersey Avenue, SE., Room 

W12–140, Washington, DC 20590. All 

documents in the public docket are also 

available for inspection and copying on 

the Internet at http:// 

www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications received into any of 

our dockets by name of the individual 

submitting the document (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.).