Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices 36281 

3 If the dispute involves Funds with different 

Trustees, the respective Trustees of each Fund will 

select an independent arbitrator that is satisfactory 

to each Fund. 

(b) Establish the Bank Loan Rate 

formula used to determine the interest 

rate on Interfund Loans and review, no 

less frequently than annually, the 

continuing appropriateness of the Bank 

Loan Rate formula; and 

(c) Review, no less frequently than 

annually, the continuing 

appropriateness of each Fund’s 

participation in the proposed credit 

facility. 

15. In the event an Interfund Loan is 

not paid according to its terms and such 

default is not cured within two business 

days from its maturity or from the time 

the lending Fund makes a demand for 

payment under the provisions of the 

Interfund Lending Agreement, FAM will 

promptly refer such loan for arbitration 

to an independent arbitrator selected by 

the Trustees of each Fund involved in 

the loan who will serve as arbitrator of 

disputes concerning Interfund Loans.3

The arbitrator will resolve any problem 

promptly, and the arbitrator’s decision 

will be binding on both Funds. The 

arbitrator will submit, at least annually, 

a written report to the Trustees setting 

forth a description of the nature of any 

dispute and the actions taken by the 

Funds to resolve the dispute. 

16. Each Fund will maintain and 

preserve for a period of not less than six 

years from the end of the fiscal year in 

which any transaction by it under the 

proposed credit facility occurred, the 

first two years in an easily accessible 

place, written records of all such 

transactions setting forth a description 

of the terms of the transactions, 

including the amount, the maturity and 

the Interfund Loan Rate, the rate of 

interest available at the time each 

Interfund Loan is made on overnight 

bank time deposits and such other 

information presented to the Fund’s 

Trustees in connection with the review 

required by conditions 13 and 14. 

17. FAM will prepare and submit to 

the Trustees for review an initial report 

describing the operations of the 

proposed credit facility and the 

procedures to be implemented to ensure 

that all Funds are treated fairly. After 

the commencement of the proposed 

credit facility, FAM will report on the 

operations of the proposed credit 

facility at the Trustees’ quarterly 

meetings. 

In addition, for two years following 

the commencement of the credit facility, 

the independent public accountant for 

each Fund shall prepare an annual 

report that evaluates FAM’s assertion 

that it has established procedures 

reasonably designed to achieve 

compliance with the terms and 

conditions of the order. The report will 

be prepared in accordance with the 

Statements on Standards for Attestation 

Engagements No. 10, and it shall be 

filed pursuant to Item 77Q3 of Form N– 

SAR as such Statements or Form may be 

revised, amended, or superseded from 

time to time. In particular, the report 

shall address procedures designed to 

achieve the following objectives: 

(a) That the Interfund Loan Rate will 

be higher than the Time Deposit Rate, 

but lower than the Bank Loan Rate; 

(b) Compliance with the collateral 

requirements as set forth in the 

application; 

(c) Compliance with the percentage 

limitations on interfund borrowing and 

lending; 

(d) Allocation of interfund borrowing 

and lending demand in an equitable 

manner and in accordance with 

procedures established by the Trustees; 

and 

(e) That the Interfund Loan Rate does 

not exceed the interest rate on any third 

party borrowings of a borrowing Fund at 

the time of the Interfund Loan. 

After the final report is filed, each 

Fund’s independent auditors, in 

connection with their audit examination 

of the Funds, will continue to review 

the operation of the proposed credit 

facility for compliance with the 

conditions of the application and their 

review will form the basis, in part, of 

the auditor’s report on internal 

accounting controls in Form NSAR. 

18. No Fund will participate in the 

proposed credit facility upon receipt of 

requisite regulatory approval unless it 

has fully disclosed in its prospectus 

and/or statement of additional 

information all material facts about its 

intended participation. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–17355 Filed 7–21–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meetings 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold Closed Meetings 

on Thursday, July 23, 2009 at 2 p.m. and 

on Friday, July 24, 2009 at 8 a.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meetings. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the Closed 

Meetings. 

Commissioner Casey, as duty officer, 

voted to consider the items listed for the 

Closed Meetings in a closed session, and 

determined that no earlier notice thereof 

was possible. 

The subject matter of the Closed 

Meeting scheduled for Thursday, July 

23, 2009 will be: 

institution and settlement of injunctive 

actions; institution and settlement of 

administrative proceedings; and other 

matters relating to enforcement proceedings. 

The subject matter of the Closed 

Meeting scheduled for Friday, July 24, 

2009 will be: 

consideration of amici consideration; and 

litigation matters. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: July 17, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–17488 Filed 7–20–09; 11:15 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. PA–39; File No. S7–14–09] 

Privacy Act of 1974: Systems of 

Records 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice to establish systems of 

records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, 5 U.S.C. 552a, the 

Securities and Exchange Commission 

(‘‘Commission’’ or ‘‘SEC’’) gives notice 

of proposing to establish the following 

five new Privacy Act systems of records: 


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‘‘Information Pertaining or Relevant to 

SEC Registrants and Their Activities 

(SEC–55)’’, ‘‘Mailing, Contact and Other 

Lists (SEC–56)’’, ‘‘International Program 

Oversight Database (International-POD) 

(SEC–57)’’, ‘‘System for Enforcement 

Case Tracking and Routing (SEC–58)’’, 

and ‘‘Office of Interpretation and 

Guidance Log; Office of Broker-Dealer 

Finances NRSRO Log; and Office of 

Financial Responsibility Log (SEC–59)’’. 

DATES: The proposed systems will 

become effective August 31, 2009 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 August 21, 2009. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

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

rules/other.shtml); or 

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

Number S7–14–09 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 S7–14–09. 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 public 

inspection and copying in the 

Commission’s Public Reference Room, 

100 F Street, NE, Washington, DC 

20549, on official business days 

between the hours of 10 a.m. and 3 p.m. 

All comments received will be posted 

without change; we do not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Barbara A. Stance, Chief Privacy Officer, 

Office of Information Technology, 202– 

551–7209. 

SUPPLEMENTARY INFORMATION: The 

Commission gives notice of the 

proposed establishment of five new 

systems of records as follows: 

‘‘Information Pertaining or Relevant to 

SEC Registrants and Their Activities 

(SEC–55)’’, which contains records on 

individuals associated with entities or 

persons that are registered with the SEC; 

‘‘Mailing, Contact and Other Lists (SEC– 

56)’’, which contains records related to 

individuals and employees who submit 

request for information, subscriptions, 

inquiries, guidance, informal advice and 

other assistance to the SEC; 

‘‘International Program Oversight 

Database (International-POD) (SEC– 

57)’’, which contains information 

related to an SEC investigation, 

international institute training, foreign 

regulators and stock exchanges, SEC 

travel records and United States Agency 

for International Development (USAID) 

reimbursable programs; ‘‘System for 

Enforcement Case Tracking and Routing 

(SEC–58)’’, which contains 

correspondence related to litigation, 

pleadings in administrative 

proceedings, and other documents; and 

‘‘Office of Interpretation and Guidance 

Log; Office of Broker-Dealer Finances 

NRSRO Log; and Office of Financial 

Responsibility Log (SEC–59)’’, which 

contains records of inquiries, requests, 

comments or other communications 

submitted to the Division of Trading 

and Markets’ Office of Interpretation 

and Guidance, the Office of BrokerDealer Finances relating to NRSROs or 

to the Office of Financial Responsibility, 

respectively. 

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 five new systems of records 

to read as follows: 

SEC–55 

SYSTEM NAME: 

Information Pertaining or Relevant to 

SEC Registrants and Their Activities. 

SYSTEM LOCATION: 

Securities and Exchange Commission, 

100 F Street, NE, Washington, DC 

20549. Records also are maintained in 

the SEC Regional Offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Records concern individuals 

associated with entities or persons that 

are registered with the SEC as brokerdealers, investment advisers, investment 

companies, self-regulatory 

organizations, clearing agencies, 

nationally recognized statistical rating 

organizations, and transfer agents 

(individually, a ‘‘Registrant;’’ 

collectively, ‘‘Registrants’’). Records 

may also concern persons, directly or 

indirectly, with whom Registrants or 

their affiliates have client relations or 

business arrangements. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records may contain information 

relating to the business activities and 

transactions of Registrants and their 

associated persons, as well as their 

compliance with provisions of the 

federal securities laws and with rules of 

self-regulatory organizations and 

clearing agencies. Records may also 

contain information regarding the 

business activities and transactions of 

individuals or entities with whom 

Registrants have client relations or 

business arrangements. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

15 U.S.C. 78a et seq., 80a–1 et seq., 

and 80b–1 et seq. 

PURPOSE(S): 

1. For use by authorized SEC 

personnel in connection with their 

official functions including, but not 

limited to, the conduct of examinations 

for compliance with federal securities 

laws, investigations into possible 

violations of the federal securities laws, 

and other matters relating to the SEC’s 

regulatory and law enforcement 

functions. 

2. To maintain continuity within the 

SEC as to each Registrant and to provide 

SEC staff with the background and 

results of earlier examinations of 

Registrants, as well as an insight into 

current industry practices or possible 

regulatory compliance issues. 

3. To conduct lawful relational 

searches or analysis or filtering of data 

in matters relating to the SEC’s 

examination, regulatory or law 

enforcement functions. 

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. When (1) it is suspected or 

confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) 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 


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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 (3) the disclosure is 

made to such agencies, entities, and 

persons who are 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 coordinate law enforcement 

activities between the SEC and other 

federal, state, local or foreign law 

enforcement agencies, securities selfregulatory organizations and foreign 

securities authorities. 

3. By SEC personnel for purposes of 

investigating possible violations of, or to 

conduct investigations authorized by, 

the federal securities laws. 

4. In connection with investigations 

or disciplinary proceedings by a state 

securities regulatory authority, a foreign 

securities authority, or by a selfregulatory organization involving one or 

more of its members. 

5. Where there is an indication of a 

violation or potential violation of law, 

whether civil, criminal or regulatory in 

nature, and whether arising by general 

statute or particular program statute, or 

by regulation, rule or order issued 

pursuant thereto, the relevant records in 

the system of records may be referred, 

as a routine use, to the appropriate 

agency, whether federal, state, local, 

foreign or a securities-related selfregulatory organization charged with the 

responsibility of investigating or 

prosecuting such violation or charged 

with enforcing or implementing the 

statute, or rule, regulation or order 

issued pursuant thereto. 

6. In connection with their regulatory 

and enforcement responsibilities 

mandated by 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 state or foreign 

laws regulating securities or other 

related matters, records in this system of 

records may be disclosed 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 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 or law enforcement agencies 

or organizations, or regulatory or law 

enforcement agencies of a foreign 

government. 

7. In any proceeding where the federal 

securities laws are in issue or in which 

the SEC or past or present members of 

its staff is a party or otherwise involved 

in an official capacity. 

8. In connection with proceedings by 

the SEC pursuant to Rule 102(e) of its 

Rules of Practice, 17 CFR 201.102(e). 

9. When considered appropriate, 

referred to a bar association or similar 

federal, state or local licensing authority 

for possible disciplinary action. 

10. To disclose as a ‘‘routine use’’ to 

a federal, state or local governmental 

authority maintaining civil, criminal or 

other relevant enforcement information 

or other pertinent information, such as 

current licenses, if necessary to obtain 

information relevant to an agency 

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. 

11. To disclose to a federal, state or 

local governmental authority, in 

response to its request, in connection 

with 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. 

12. As a data source for management 

information for production of summary 

descriptive statistics and analytical 

studies 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 utilized to respond 

to general requests for statistical 

information (without personal 

identification of individuals) under the 

Freedom of Information Act or to locate 

specific individuals for personnel 

research or other personnel management 

functions. 

13. To disclose as a routine use 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 the 

SEC’s Rules of Practice, 17 CFR 201 et 

seq. 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 SEC of the 

federal securities laws or the SEC’s 

Rules of Practice. 

14. To disclose to any person during 

the course of any inquiry or 

investigation conducted by the SEC 

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. 

15. To disclose to any person with 

whom the SEC contracts to reproduce, 

by typing, photocopy or other means, 

any record within this system for use by 

the SEC and its staff in connection with 

their official duties or to any person 

who is utilized by the SEC to perform 

clerical, stenographic or data analysis 

functions relating to the official 

business of the SEC. 

16. To disclose in reports published 

by the SEC pursuant to authority 

granted in 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)). 

17. To disclose to members of 

advisory committees that are created by 

the SEC or by Congress to render advice 

and recommendations to the SEC or to 

Congress, to be used solely in 

connection with their official, 

designated functions. 

18. To disclose as a routine use to any 

person who is or has agreed to be 

subject to the SEC’s Rules of Conduct, 

17 CFR 200.735–1 to 200.735–18, and 

who assists in the investigation by the 

SEC of possible violations of federal 

securities laws (as 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 SEC for such 

violations, or otherwise in connection 

with the SEC’s enforcement or 

regulatory functions under the federal 

securities laws. 

19. To disclose 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. 

20. To aid in responding to requests 

from Members of Congress and the 

public relating to particular Registrants 

and their activities. 

21. To disclose to interns, grantees, 

experts and contractors who have been 

engaged by the Commission to assist in 

the performance of a service related to 

this system of records and who need 


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access to the records for the purpose of 

assisting the Commission in the efficient 

administration of its programs. 

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. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in electronic 

format, paper form, magnetic disk and 

tape. Electronic records are stored in 

computerized databases. Paper, 

magnetic disk or tape records are stored 

in locked file rooms or metal file 

cabinets. 

RETRIEVABILITY: 

Information is indexed by name of the 

Registrant or by certain SEC 

identification numbers. Information 

regarding individuals may be obtained 

through the use of cross-reference 

methodology or some form of personal 

identifier. Access for inquiry purposes 

is via a computer terminal. 

SAFEGUARDS: 

Records are safeguarded in a secured 

environment. Buildings where records 

are stored have security cameras and 24 

hour security guard service. Access is 

limited to those personnel whose 

official duties require access. 

Computerized records are safeguarded 

through use of access codes and 

information technology security. 

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 MANAGER(S) AND ADDRESS: 

Chief Information Officer, Office of 

Information Technology, Securities and 

Exchange Commission, Operations 

Center, 6432 General Green Way, 

Alexandria, VA 22312–2413. 

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, 

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, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–5100. 

CONTESTING RECORD PROCEDURES: 

See Record Access Procedures above. 

RECORD SOURCE CATEGORIES: 

Record sources include filings made 

by Registrants; information obtained 

through examinations or investigations 

of Registrants and their activities; 

information contained in SEC 

correspondence with Registrants; 

information received from other federal, 

state, local, foreign or other regulatory 

organizations or law enforcement 

agencies; complaint information 

received by the SEC via letters, 

telephone calls, e-mails or any other 

form of communication; and data 

obtained from third-party sources. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

SEC–56 

SYSTEM NAME: 

Mailing, Contact and Other Lists. 

SYSTEM LOCATION: 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549. Records are also maintained in 

the SEC Regional Offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Records contain information related 

to individuals and employees who 

submit requests for information, 

subscriptions, inquiries, guidance, 

informal advice and other assistance to 

the SEC in any format, including but not 

limited to paper, telephone, and 

electronic submissions; SEC personnel 

assigned to handle such 

correspondence; individuals who have 

registered for SEC events and responded 

to questionnaires, request forms and 

feedback forms. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records may contain information 

relating to but not limited to name, title, 

affiliation, mailing address, telephone 

number, cell phone number, fax 

number, e-mail address, business 

affiliation, other contact and related 

supporting information provided to the 

Commission by individuals or derived 

from other sources covered by this 

system of records and not currently 

covered under an existing SORN. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

15 U.S.C. 77a et seq., 78a et seq., 

80a–1 et seq., and 80b–1 et seq. 

PURPOSE(S): 

1. To track and process complaints/ 

inquiries/requests/comments and 

communications from members of the 

public, including industry 

representatives, counsel, and others. 

2. To handle subscription requests for 

informational literature, reports, and 

other SEC materials, via individual, 

mass, and targeted mailing in the 

furtherance of SEC activities. 

3. To process registration to SECrelated activities and events. 

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. When (1) it is suspected or 

confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) 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 (3) the disclosure is 

made to such agencies, entities, and 

persons who are 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. Where there is an indication of a 

violation or potential violation of law, 

whether civil, criminal or regulatory in 

nature, and whether arising by general 

statute or particular program statute, or 

by regulation, rule or order issued 

pursuant thereto, the relevant records in 

the system of records may be referred, 

as a routine use, to the appropriate 

agency, whether federal, state, local, 

foreign or a securities self-regulatory 

organization charged with the 

responsibility of investigating or 

prosecuting such violation or charged 

with enforcing or implementing the 

statute, or rule, regulation or order 

issued pursuant thereto. 

3. Records in this system may, in the 

discretion of the Commission’s staff, be 

disclosed to any person during the 

course of any inquiry or investigation 

conducted by the Commission staff, or 

in connection with civil litigation, if the 

staff has reason to believe that the 


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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. 

4. A record or information in this 

system may be disclosed to any person 

with whom the Commission contracts to 

reproduce, by typing, photocopy or 

other means, any record within this 

system for use by the Commission and 

its staff in connection with their official 

duties or to any person who is utilized 

by the Commission to perform clerical 

or stenographic functions relating to the 

official business of the Commission. 

5. Records or information in records 

contained in this system may be 

disclosed 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. 

6. Disclosure may be made 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. 

7. To interns, grantees, experts and 

contractors 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. 

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. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in electronic 

format, paper form, magnetic disk and 

tape. Electronic records are stored in 

computerized databases. Paper, 

magnetic disk or tape records are stored 

in locked file rooms or metal file 

cabinets. 

RETRIEVABILITY: 

Records may be retrieved by any of 

the following: E-mail address, name, or 

an assigned file number for the purpose 

of responding to the requestor. 

Information may additionally be 

retrieved by other personal identifiers. 

SAFEGUARDS: 

Records are safeguarded in a secured 

environment. Buildings where records 

are stored have security cameras and 24 

hour security guard service. Access is 

limited to those personnel whose 

official duties require access. 

Computerized records are safeguarded 

through use of access codes and 

information technology security. 

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 MANAGER(S) AND ADDRESS: 

FOR SEC HEADQUARTERS: 

U. S. Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549. Components: 

Office of the Chairman and 

Commissioners, Division of Corporation 

Finance, Division of Trading and 

Markets, Division of Investment 

Management, Division of Enforcement, 

Office of the General Counsel, Office of 

the Chief Accountant, Office of 

Economic Analysis, Office of 

Compliance Inspections and 

Examinations, Office of International 

Affairs, Office of Investor Education and 

Advocacy, Office of Information 

Technology, Office of the Executive 

Director, Office of Human Resources, 

Office of Financial Management, Office 

of Administrative Services, Office of 

Risk Assessment, Office of the Inspector 

General, Office of Legislative and 

Intergovernmental Affairs, Office of 

Public Affairs, Office of the Secretary, 

Office of Equal Employment 

Opportunity, and Office of 

Administrative Law Judges. 

FOR REGIONAL OFFICES: 

New York Regional Office, Regional 

Director, 3 World Financial Center, 

Suite 400, New York, NY 10281–1022; 

Boston Regional Office, Regional 

Director, 33 Arch Street, 23rd Floor, 

Boston, MA 02110–1424; Philadelphia 

Regional Office, Regional Director, The 

Mellon Independence Center, 701 

Market Street, Suite 2000, Philadelphia, 

PA 19106–1532; Miami Regional Office, 

Regional Director, 801 Brickell Avenue, 

Suite 1800, Miami, FL 33131–4901, 

Atlanta Regional Office, Regional 

Director, 3475 Lenox Road, NE., Suite 

1000, Atlanta, GA 30326–1232; Chicago 

Regional Office, Regional Director, 175 

West Jackson Boulevard, Suite 900, 

Chicago, IL 60604–2908; Denver 

Regional Office, Regional Director, 1801 

California Street, Suite 1500, Denver, 

CO 80202–2656; Fort Worth Regional 

Office, Regional Director, Burnett Plaza, 

Suite 1900, 801 Cherry Street, Unit #18, 

Fort Worth, TX 76102–6882; Salt Lake 

Regional Office, Regional Director, 15 

West South Temple Street, Suite 1800, 

Salt Lake City, UT 84101–1573; Los 

Angeles Regional Office, Regional 

Director, 5670 Wilshire Boulevard, 11th 

Floor, Los Angeles, CA 90036–3648; San 

Francisco Regional Office, Regional 

Director, 44 Montgomery Street, Suite 

2600, San Francisco, CA 94104–4716. 

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, 

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, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–5100. 

CONTESTING RECORD PROCEDURES: 

See Record Access Procedures above. 

RECORD SOURCE CATEGORIES: 

The information is supplied by the 

individual and/or company making the 

request. Data may also be added 

pertaining to the fulfillment of the 

request. Information may also be 

obtained from other SEC records 

systems. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

SEC–57 

SYSTEM NAME: 

International Program Oversight 

Database (International—POD). 

SYSTEM LOCATION: 

Office of International Affairs, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Foreign and domestic contacts for 

Enforcement workload/Commission and 

foreign requests; foreign and domestic 

contacts for policy requests; Foreign 

officials trained in SEC Headquarters; 

Chairmen, CEOs, and Presidents of 

foreign regulators and stock exchanges; 

SEC staff traveling overseas; and 

information on vendors providing 

support for SEC’s technical assistance 

program and individuals entitled to 

USAID reimbursements. 


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CATEGORIES OF RECORDS IN THE SYSTEM: 

Contact information of individuals 

related to Enforcement cases and policy 

requests. Contact information of 

international institute foreign officials 

trained in SEC Headquarters; Contact 

information for Chairmen, CEOs, and 

Presidents of foreign regulators and 

stock exchanges; SEC staff traveling 

overseas; and information on vendors 

providing support for SEC’s technical 

assistance program and individuals 

entitled to USAID reimbursements. 

Correspondence relevant to the 

matter, internal staff memoranda, 

Commission Minutes and Commission 

Orders, working papers of the staff and 

other documents and records relating to 

the matter, opening reports, progress 

reports and closing reports, 

miscellaneous records relating to crossborder investigations or litigation and 

other international enforcement and 

regulatory matters. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

15 U.S.C. 77s, 77t, 78u, 77uuu, 80a– 

41, 80b-9, and 17 CFR 202.5. 

PURPOSE(S): 

Tracks data gathered by the Office of 

International Affairs with respect to 

processing (1) requests for enforcement 

cooperation with foreign regulators and 

law enforcement agencies; (2) 

international regulatory policy matters 

designed to protect investors, improve 

market efficiency, and eliminate 

opportunities for ‘‘regulatory arbitrage’’; 

(3) technical assistance and 

international training programs for 

emerging securities markets; (4) 

directory of contacts for foreign 

regulators and stock exchanges; (5) SEC 

staff foreign travel; and (6) USAID 

Reimbursement. 

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. When (1) it is suspected or 

confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) 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 (3) the disclosure is 

made to such agencies, entities, and 

persons who are 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 coordinate law enforcement 

activities between the SEC and other 

federal, state, local or foreign law 

enforcement agencies, securities selfregulatory organizations, and foreign 

securities authorities. 

3. Where there is an indication of a 

violation or potential violation of law, 

whether civil, criminal or regulatory in 

nature, and whether arising by general 

statute or particular program statute, or 

by regulation, rule or order issued 

pursuant thereto, the relevant records in 

the system of records may be referred to 

the appropriate agency, whether federal, 

state, or local, a foreign governmental 

authority or foreign securities authority, 

or a securities self-regulatory 

organization charged with the 

responsibility of investigating or 

prosecuting such violation or charged 

with enforcing or implementing the 

statute or rule, regulation or order 

issued pursuant thereto. 

4. 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. 

5. To respond to inquiries from 

Members of Congress, the press and the 

public which relate to specific matters 

that the Commission has investigated 

and to matters under the Commission’s 

jurisdiction. 

6. To interns, grantees, experts and 

contractors 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. 

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. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in electronic 

format and paper form. Electronic 

records are stored in computerized 

databases. Paper records are stored in 

locked file rooms or metal file cabinets. 

RETRIEVABILITY: 

Data are retrievable by the 

individual’s name or other identifier, 

such as case number, name, as well as 

non-identifying information. 

SAFEGUARDS: 

Records are safeguarded in a secured 

environment. Buildings where records 

are stored have security cameras and 24 

hour security guard service. Access is 

limited to those personnel whose 

official duties require access. 

Computerized records are safeguarded 

through use of access codes and 

information technology security. 

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 MANAGER(S) AND ADDRESS: 

Deputy Director, Office of 

International Affairs, Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549–1004. 

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, 

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, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–5100. 

CONTESTING RECORD PROCEDURES: 

See Record Access Procedures above. 

RECORD SOURCE CATEGORIES: 

Information contained in this system 

is obtained from enforcement requests 

related to an SEC investigation; 

international institute training 

programs; foreign regulators and stock 

exchanges; SEC travel records; and 

USAID reimbursable programs. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

SEC–58 

SYSTEM NAME: 

System for Enforcement Case 

Tracking and Routing (SECTR). 


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SYSTEM LOCATION: 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549. Files may also be maintained in 

the Commission’s Regional Offices that 

conducted an investigation or litigation, 

or at a records management company 

under contract with the Commission. 

Closed investigatory files are stored at a 

federal records center. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Records are maintained on persons 

who have been involved in Commission 

investigations or litigation, or in 

activities which violated or may have 

violated federal, state or foreign laws 

relating to transactions in securities, the 

conduct of securities business or 

investment advisory activities, and 

banking or other financial activities. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Correspondence relevant to the 

matter, internal staff memoranda, 

Commission Orders, settlement offers, 

Wells submissions, sworn financial 

statements, affidavits, transcripts of 

testimony, copies of pleadings, 

documents and other evidence obtained 

in the course of the matter, 

computerized records, working papers 

of the staff, and other documents and 

records relating to the matter. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

15 U.S.C. 77s, 77t, 78u, 77uuu, 80a– 

41, 80b–9, and 17 CFR 202.5. 

PURPOSE(S): 

The purpose of this system of records 

is to create and maintain an electronic 

database of enforcement matters 

reviewed and comments provided by 

staff of the Division of Trading and 

Markets to the Division of Enforcement; 

and to maintain a record of 

communications within the Division of 

Trading and Markets relating to the 

enforcement matters reviewed. 

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. When (1) it is suspected or 

confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) 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 (3) the disclosure is 

made to such agencies, entities, and 

persons who are 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. As a data source for management 

information for production of summary 

descriptive statistics and analytical 

studies in support of the function for 

which the records are collected and 

maintained or for related personnel 

management functions or manpower 

studies, and to respond to general 

requests for statistical information 

(without personal identification of 

individuals) under the Freedom of 

Information Act or to locate specific 

individuals for personnel research or 

other personnel management functions. 

3. In connection with their regulatory 

and enforcement responsibilities 

mandated by 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 state or foreign 

laws regulating securities or other 

related matters, records may be 

disclosed to national securities 

associations that are registered with the 

Commission, the Municipal Securities 

Rulemaking Board, the Securities 

Investor Protection Corporation, 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 or law enforcement agencies 

or organizations, or regulatory law 

enforcement agencies of a foreign 

government, or foreign securities 

authority. 

4. To any person with whom the 

Commission contracts to reproduce, by 

typing, photocopy or other means, any 

record within this system for use by the 

Commission and its staff in connection 

with their official duties or to any 

person who is utilized by the 

Commission to perform clerical or 

stenographic functions relating to the 

official business of the Commission. 

5. Inclusion in reports published by 

the Commission pursuant to authority 

granted in 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)). 

6. 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. 

7. 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 federal securities 

laws (as 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. 

8. Disclosure may be made 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. 

9. To respond to inquiries from 

Members of Congress, the press and the 

public which relate to specific matters 

that the Commission has investigated 

and to matters under the Commission’s 

jurisdiction. 

10. To prepare and publish 

information relating to violations of the 

federal securities laws as provided in 15 

U.S.C. 78c(a)(47). 

11. To respond to subpoenas in any 

litigation or other proceeding. 

12. To interns, grantees, experts and 

contractors 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. 

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. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in electronic 

format, paper form and other media. 

Electronic records are stored in 

computerized databases. Paper and 

other media records are stored in locked 

file rooms or metal file cabinets. 

RETRIEVABILITY: 

The records can be retrieved by the 

case number or case name (as 

designated by the Division of 

Enforcement), or by the name of an 

involved party related to the 

investigation being conducted or the 


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administrative proceeding or civil 

action filed. 

SAFEGUARDS: 

Records are safeguarded in a secured 

environment. Buildings where records 

are stored have security cameras and 24 

hour security guard service. Access is 

limited to those personnel whose 

official duties require access. 

Computerized records are safeguarded 

through use of access codes and 

information technology security. 

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 MANAGER(S) AND ADDRESS: 

Assistant Director, Office of 

Enforcement Liaison and Institutional 

Trading, Division of Trading and 

Markets, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–6628. 

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, 

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, Securities and Exchange 

Commission, 100 F Street, NE, 

Washington, DC 20549–5100. 

CONTESTING RECORD PROCEDURES: 

See Record Access Procedures above. 

RECORD SOURCE CATEGORIES: 

Information in these records is 

supplied by other offices within the 

Commission; correspondence relating to 

litigation; pleadings in administrative 

proceedings; and other documents, 

including evidence entered in such 

proceedings. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

SEC–59 

SYSTEM NAMES: 

Office of Interpretation and Guidance 

Log; Office of Broker-Dealer Finances 

NRSRO Log; and Office of Financial 

Responsibility Log. 

SYSTEM LOCATION: 

Securities and Exchange Commission, 

100 F Street, NE, Washington, DC 

20549. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Representatives of regulated entities 

and their counsel, members of the 

public, representatives of other 

governmental agencies or Congress, and 

others who submit inquiries, 

information, comments, or other forms 

of communication to the Commission’s 

Division of Trading and Markets’ Office 

of Interpretation and Guidance, Office of 

Broker-Dealer Finances, or Office of 

Financial Responsibility, respectively, 

or who address their communications to 

other Division or Commission staff or 

offices that make a referral to, or consult 

with, the Division of Trading and 

Markets’ Office of Interpretation and 

Guidance, Office of Broker-Dealer 

Finances, or Office of Financial 

Responsibility, respectively, or related 

staff. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Both electronic and paper records in 

this system may include the name of the 

inquirer/requester/commenter/ 

communicant or their representative, 

the name of the entity if available, the 

subject of the inquiry/request/comment 

or communication, the date of the 

inquiry/request/comment or 

communication, and the staff response 

provided or other disposition. Paper 

records may include, but are not limited 

to, letters of inquiry/request/comment 

or communications, responses, and 

related documentation. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

15 U.S.C. 78a et seq. and 17 CFR 

202.1 to 202.10. 

PURPOSE(S): 

The records are used by the staff to 

track and process inquiries/requests/ 

comments and communications from 

members of the public, industry 

representatives, counsel, and others. 

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. When (1) it is suspected or 

confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) 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 (3) the disclosure is 

made to such agencies, entities, and 

persons who are 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 respond to inquiries from the 

White House, Congressional committees 

or offices, the General Accountability 

Office, General Services Administration 

or the National Archives and Records 

Administration, or others charged with 

monitoring the work of the Commission 

or conducting records management 

inspections. 

3. To provide information to other 

federal or state government agencies, or 

securities self-regulatory organizations 

which have direct jurisdiction over the 

subject matter of the inquiry/request/ 

comment or communication. 

4. As a data source for the production 

of summary statistics and analytical 

studies in support of the function for 

which the records are collected and 

maintained or for statistics relating to 

personnel management functions or 

manpower studies; may also be utilized 

to respond to general requests for 

statistical information (without personal 

identification of individuals) under the 

Freedom of Information Act. 

5. To coordinate with or assist in law 

enforcement and regulatory activities of 

the Commission and other federal, state, 

local, or foreign law enforcement or 

regulatory agencies, securities selfregulatory organizations, and foreign 

securities authorities. 

6. To respond to a subpoena, court 

order, or request for discovery, in 

connection with any relevant litigation 

or proceeding where the federal 

securities laws are at issue or in which 

the Commission, or past or present 

members of its staff, is a party or 

otherwise involved in an official 

capacity. 

7. To provide information to a federal, 

state, local, or foreign government or 

foreign securities authority, in response 

to its request, in connection with civil, 

criminal, or other enforcement 

information, 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Notices 36289 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities and Exchange Act Release No. 

59441 (February 24, 2009), 74 FR 9322 (March 3, 

2009) (File No. 10–191). 

4The Commission notes that the first paragraph 

of proposed Rule 2.50 reads, in relevant part: 

C2 Options Exchange, Incorporated (‘‘C2’’) will be 

and remain a self-regulatory organization registered 

under Section 6 of the Exchange Act and as such 

will have statutory authority and responsibility 

concerning, among other things, the operation of its 

market and regulation of its members. As the parent 

company with 100% controlling interest in C2, the 

Exchange will be responsible for ensuring that C2 

Continued 

requesting agency, to the extent that the 

information is relevant and necessary to 

the requesting agency’s decision on the 

matter. 

8. A record or information in this 

system may be disclosed to any person 

with whom the Commission contracts to 

reproduce, by typing, photocopy or 

other means, any record within this 

system for use by the Commission and 

its staff in connection with their official 

duties or to any person who is utilized 

by the Commission to perform clerical 

or stenographic functions relating to the 

official business of the Commission. 

9. To interns, grantees, experts and 

contractors 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. 

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. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in electronic 

format, and paper form. Electronic 

records are stored in computerized 

databases. Paper records are stored in 

locked file rooms or file cabinets. 

RETRIEVABILITY: 

Records may be retrieved by any of 

the following: Individual name, receipt 

date, entity name if provided, telephone 

number or e-mail address if provided, 

the 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. Access is 

limited to those personnel whose 

official duties require access. 

Computerized records are safeguarded 

through use of access codes and 

information technology security. 

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: 

Deputy Associate Director, Office of 

Broker-Dealer Finances, and Senior 

Special Counsel, Office of Interpretation 

and Guidance, Division of Trading and 

Markets, 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, 

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, 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 telephone 

calls, e-mails, facsimiles, or letters to the 

Division of Trading and Markets or 

other Commission offices. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

By the Commission. 

Dated: July 16, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–17348 Filed 7–21–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60307; File No. SR–CBOE– 

2009–048] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing of a 

Proposed Rule Change Regarding 

Authority Over C2 Options Exchange, 

Incorporated 

July 15, 2009. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on July 2, 

2009, the Chicago Board Options 

Exchange, Incorporated (the ‘‘Exchange’’ 

or ‘‘CBOE’’) filed with the Securities 

and Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the Exchange. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The filing concerns CBOE’s authority 

over C2 Options Exchange, 

Incorporated. The text of the proposed 

rule change is available on the 

Exchange’s Web site (http:// 

www.cboe.org/legal), at the Exchange’s 

Office of the Secretary, and at the 

Commission. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization included 

statements concerning the purpose of 

and basis for the proposed rule change 

and discussed any comments it received 

on the proposed rule change. The text 

of those statements may be examined at 

the places specified in Item IV below. 

The Exchange has prepared summaries, 

set forth in sections A, B, and C below, 

of the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The proposed rule change relates to 

CBOE’s authority over C2 Options 

Exchange, Incorporated (‘‘C2’’), a 

wholly-owned subsidiary of CBOE that 

has filed with the Commission to 

register as a self-regulatory organization 

under Section 6 of the Exchange Act.3

The filing is intended to clarify CBOE’s 

intent that, upon any approval of the 

Form 1 application seeking to establish 

C2 as a registered options exchange, 

CBOE will be responsible for ensuring 

that C2 will fulfill its self-regulatory 

obligations and will have the resources 

necessary for it to do so.4 The proposed 


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