Privacy Act of 1974: Systems of Records, 51854-51859 [2010-20999]
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51854
Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices
Affected Public: State and local
governments, State library agencies, and
public libraries.
Number of Respondents: 55.
SECURITIES AND EXCHANGE
COMMISSION
Note: 55 is the number of State Library
Administrative Agencies (StLAs) that are
responsible for the collection of this
information and for reporting it to IMLS. In
gathering this information, the StLAs will
request that their sub-entities (ex. public
libraries in their respective States and
Outlying Areas) provide information to the
respective StLA. As the number of subentities and questions varies from StLA to
StLA, it is difficult to assess the exact
number of burden hours and costs.
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 an Open Meeting
on August 25, 2010 at 10 a.m., in the
Auditorium, Room L–002.
The subject matter of the Open
Meeting will be:
Item 1: The Commission will consider
whether to adopt changes to the
federal proxy and other rules to
facilitate director nominations by
shareholders.
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.
Frequency: Annually.
Burden Hours per Respondent: 85.7.
Total Burden Hours: 4,541.
Total Annualized Capital/Startup
Costs: N/A.
Total Annual Costs: $119,428.
Contact: Kim A. Miller, Management
Analyst, Office of Policy, Planning,
Research, and Communication, Institute
of Museum and Library Services, 1800
M Street, NW., 9th Floor, Washington,
DC 20036. Ms. Miller can be reached by
Telephone: 202–653–4762, Fax: 202–
653–4762, or by e-mail at
kmiller@imls.gov.
Sunshine Act Meeting
BILLING CODE 8010–01–P
BILLING CODE 7036–01–P
Sunshine Act Meeting
POSTAL REGULATORY COMMISSION
Sunshine Act Meetings
Thursday, September 9,
2010 at 10 a.m. to 11:30 a.m., and
continuing, as needed, on weekdays
during regular Commission business
hours, through Friday, October 1, 2010.
PLACE: Commission conference room,
901 New York Avenue, NW., Suite 200,
Washington, DC 20268–0001.
STATUS: Closed.
MATTERS TO BE CONSIDERED: Decision in
Docket No. R2010–4, Rate Adjustment
due to Extraordinary or Exceptional
Circumstances.
CONTACT PERSON FOR MORE INFORMATION:
Stephen L. Sharfman, General Counsel,
Postal Regulatory Commission, at
stephen.sharfman@prc.gov or 202–789–
6820.
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TIME AND DATE:
Dated: August 19, 2010.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010–21013 Filed 8–19–10; 4:15 pm]
BILLING CODE 7710–FW–S
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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 a Closed Meeting
on Thursday, August 26, 2010 at 2 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. 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
Meeting.
Commissioner Paredes, as duty
officer, voted to consider the items
listed for the Closed Meeting in a closed
session.
The subject matter of the Closed
Meeting scheduled for Thursday,
August 26, 2010 will be:
Institution and settlement of
injunctive actions;
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[FR Doc. 2010–21000 Filed 8–19–10; 4:15 pm]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. PA–44; File No. S7–17–10]
Privacy Act of 1974: Systems of
Records
Securities and Exchange
Commission.
ACTION: Notice to establish systems of
records.
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.
SUMMARY:
SECURITIES AND EXCHANGE
COMMISSION
[FR Doc. 2010–20882 Filed 8–20–10; 8:45 am]
Dated: August 19, 2010.
Elizabeth M. Murphy,
Secretary.
AGENCY:
Dated: August 18, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–20927 Filed 8–19–10; 11:15 am]
Dated: August 18, 2010.
Kim A. Miller,
Management Analyst, Office of Policy,
Planning, Research, and Communication.
Institution and settlement of
administrative proceedings; and
Other matters relating to enforcement
proceedings.
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.
Sfmt 4703
Comments may be
submitted by any of the following
methods:
ADDRESSES:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/other.shtml); or
• Send an e-mail to rulecomments@sec.gov. 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.
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Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices
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 (https://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.
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SYSTEM LOCATION:
U.S. Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’)
100 F Street, NE., Washington, DC
20549.
This system of records covers
applicants for registration or exemption
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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:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
VerDate Mar<15>2010
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.
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
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51855
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
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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
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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.
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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.
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Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices
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.
CATEGORIES OF RECORDS IN THE SYSTEM:
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.
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.
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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):
SEC–62
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,
VerDate Mar<15>2010
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.
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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
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51857
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
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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
VerDate Mar<15>2010
15:31 Aug 20, 2010
Jkt 220001
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.
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
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
E:\FR\FM\23AUN1.SGM
23AUN1
Federal Register / Vol. 75, No. 162 / Monday, August 23, 2010 / Notices
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
[Release No. 34–62735; File No. SR–
NASDAQ–2010–101]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Delete Rule
4770 in Its Entirety and To Eliminate a
Related Reference From the Rules
erowe on DSK5CLS3C1PROD with NOTICES
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on August
10, 2010, The NASDAQ Stock Market
LLC (‘‘NASDAQ’’) filed with the
Securities and Exchange Commission
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
VerDate Mar<15>2010
15:31 Aug 20, 2010
Jkt 220001
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
NASDAQ is proposing to delete Rule
4770 in its entirety from the NASDAQ
rulebook and to also eliminate a
reference to Rule 4770 from Rule
4751(f)(13). The text of the proposed
rule change is below. Proposed new
language is italicized and proposed
deletions are in [brackets].
*
*
*
*
*
4751. Definitions
The following definitions apply to the Rule
4600 and 4750 Series for the trading of
securities listed on Nasdaq or a national
securities exchange other than Nasdaq.
(a)—(e) No change.
(f) The term ‘‘Order Type’’ shall mean the
unique processing prescribed for designated
orders that are eligible for entry into the
System, and shall include:
(1)—(12) No change.
(13) ‘‘Collared Orders’’ are all Unpriced
Orders except: (1) Market On Open Orders as
defined in Rule 4752; (2) Market On Close
Orders as defined in Rule 4754; or (3)
Unpriced Orders included by the System in
any Nasdaq Halt Cross or Nasdaq Imbalance
Cross, each as defined in Rule 4753[; or (4)
Unpriced Orders that are Reference Price
Cross Orders as defined in Rule 4770]. Any
portion of a Collared Order that would
execute (either on NASDAQ or when routed
to another market center) at a price more than
$0.25 or 5 percent worse than the NBBO at
the time when the order reaches the System,
whichever is greater, will be cancelled.
(g)—(i) No change.
*
SECURITIES AND EXCHANGE
COMMISSION
August 17, 2010.
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by NASDAQ. The Commission
is publishing this notice to solicit
comments on the proposed rule change
from interested persons.
*
*
*
*
4770. Reserved[Nasdaq Crossing Network
(a) Definitions. For the purposes of this
rule the term:
(1) ‘‘Nasdaq Reference Price Cross’’ shall
mean the process for executing orders at a
predetermined reference price at a randomly
selected point in time during a five-second
trading window beginning at 10:45 a.m.,
12:45 p.m. and 2:45 p.m. Eastern Time
during the regular hours session and at 4:30
p.m. during the after hours session.
(2) ‘‘Nasdaq Reference Price Cross eligible
securities’’ shall mean Nasdaq-listed
securities and securities listed on the New
York Stock Exchange, the American Stock
Exchange or a regional exchange.
(3) (A) ‘‘Reference Price Cross Order’’ or
‘‘RPC’’ shall mean a market or limit order to
buy or sell in Nasdaq Reference Price eligible
securities that may be executed only during
a Nasdaq Reference Price Cross. RPC orders
shall not be displayed and must be
designated with a time-in-force value to
participate either:
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
51859
(i) in the next scheduled regular hours
cross with unexecuted shares being
immediately canceled back to the market
participant after that cross (NXT);
(ii) in all remaining crosses during the
trading day with unexecuted shares being
immediately canceled back to the market
participant after the final regular hours cross
(REG); or
(iii) in all remaining crosses in the current
day with unexecuted shares immediately
canceled back to the market participant after
the after hours cross (ALX).
(B) Starting at 7:30 a.m. Eastern Time until
the time of the last after hours session
Reference Price Cross, participants may
enter, cancel or correct RPC orders, but such
orders shall not be available for execution
until the next eligible Reference Price Cross.
RPC orders must be entered in round lots
with a minimum size of one round lot and
may designate a minimum acceptable
execution quantity. All RPC orders must be
available for automatic execution.
(b) Processing of Nasdaq Reference Price
Cross.
(1) Each Nasdaq Reference Price Cross
shall occur during the regular hours session
or the after hours session window
commencing at such times as may be
designated by Nasdaq upon prior notice to
market participants.
(2) Nasdaq Reference Price Crosses that
occur during the regular hours session shall
be executed at the midpoint of the national
best bid and offer, trade reported without
identifying the contra party, and
disseminated via the consolidated tape.
(3) Nasdaq Reference Price Crosses that
occur during the after hours session shall
execute at the Nasdaq Official Closing Price
for Nasdaq-listed securities or at the official
closing price of the primary market for
securities listed on the New York Stock
Exchange, the American Stock Exchange or a
regional exchange, shall be trade reported
without identifying the contra party, and
disseminated via the consolidated tape.
(4) RPC orders will be allocated on a prorata basis, such that shares will be allocated
pro-rata in round lots to eligible orders based
on the original size of the order. If additional
shares remain after the initial pro-rata
allocation, those shares will continue to be
allocated pro-rata to eligible orders until a
number of round lots remain that is less than
the number of eligible orders. Any remaining
shares will be allocated to the order which
has designated the smallest minimum
acceptable execution quantity. If more than
one such order exists, any remaining shares
will be allocated to the oldest eligible order.
If the allocation to an eligible order would be
less than the minimum acceptable execution
quantity for that order, the order shall not be
eligible for execution in that cross.
(5) If the reference price described in
subparagraph (3) above is outside the
benchmarks established by Nasdaq by a
threshold amount at the time an after hours
cross is scheduled to occur, the Nasdaq
Reference Price Cross shall not occur for that
security. Nasdaq management shall set and
modify such benchmarks and thresholds
from time to time upon prior notice to market
participants.
E:\FR\FM\23AUN1.SGM
23AUN1
]]>Agencies
[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Notices]
[Pages 51854-51859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20999]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
Use the Commission's Internet comment form (https://www.sec.gov/rules/other.shtml); or
Send an e-mail to rule-comments@sec.gov. 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 (https://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
