[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58752-58755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23186]
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COMMODITY FUTURES TRADING COMMISSION
Privacy Act of 1974 System of Records Notice
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice; publication of character of a revised system of
records.
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SUMMARY: The Commodity Futures Trading Commission (Commission or CFTC)
is revising a system of records under the Privacy Act of 1974, CFTC-12,
Fitness Investigations, and renaming the system ``National Futures
Association (NFA) Applications Suite System (Exempted)'' to more
broadly cover the activities of NFA on behalf of the Commission by
delegated authority and also cover new data collections for swap
dealers, major swap participants and retail foreign exchange dealers as
required by the Dodd-Frank Wall Street Reform Act and recent Commission
rules.
DATES: Comments must be received on or before October 30, 2014. This
action will be effective without further notice on November 10, 2014,
unless revised pursuant to comments received.
ADDRESSES: You may submit comments identified by ``NFA Applications
Suite System (Exempted)'' by any of the following methods:
Agency Web site, via its Comments Online process: http://comments.cftc.gov. Follow the instructions for submitting comments
through the Web site.
Federal eRulemaking Portal: Comments may be submitted at
http://www.regulations.gov. Follow the instructions for submitting
comments.
Mail: Secretary of the Commission, Commodity Futures
Trading Commission, Three Lafayette Centre, 1155 21st Street NW.,
Washington, DC 20581.
Hand Delivery/Courier: Same as Mail, above. Please submit
your comments using only one method.
All comments must be submitted in English, or if not, accompanied
by an English translation. Comments will be posted as received to
www.cftc.gov. You should submit only information that you wish to make
available publicly. If you wish the Commission to consider information
that you believe is exempt from disclosure under the Freedom of
Information Act, a petition for confidential treatment of the exempt
information may be submitted according to the procedures established in
Sec. 145.9 of the Commission's regulations, 17 CFR 145.9.
The Commission reserves the right, but shall have no obligation, to
review, pre-screen, filter, redact, refuse or remove any or all of a
submission from http://www.cftc.gov that it may deem to be
inappropriate for publication, such as obscene language. All
submissions that have been redacted or removed that contain comments on
the merits of the notice will be retained in the public comment file
and will be considered as required under all applicable laws, and may
be accessible under the Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT: Kathy Harman-Stokes, Chief Privacy
Officer, [email protected], 202-418-6629, Office of the Executive
Director, Commodity Futures Trading Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC 20581.
SUPPLEMENTARY INFORMATION:
I. The Privacy Act
Under the Privacy Act of 1974, 5 U.S.C. 552a, a ``system of
records'' is defined as any group of records under the control of a
federal government agency from which information about individuals is
retrieved by name or other personal identifier. The Privacy Act
establishes the means by which government agencies collect, maintain,
and use information that is personally identifiable in a government
system of records.
Each government agency is required to publish a notice in the
Federal Register of a system of records in which the agency identifies
and describes each system of records it maintains, the reasons why the
agency uses the personally identifying information therein, the routine
uses for which the agency will disclose such information outside the
agency, and how individuals may exercise their rights under the Privacy
Act to determine if the system contains information about them, among
other things.
II. NFA Applications Suite System (Exempt)
The Commission proposes to revise a system of records notice
(SORN), CFTC-12, ``Fitness Investigations,'' and rename the notice as
``National Futures Association (NFA) Applications Suite System
(Exempted).'' The notice revises the description of the system and
enhancements to more broadly cover the activities of NFA on behalf of
the Commission by delegated authority and also covers new data
collections for swap dealers, major swap participants and retail
foreign exchange dealers as required by the Dodd-Frank Wall Street
Reform Act and recent Commission rules. The revised notice also exempts
from certain Privacy Act requirements those records in this system that
refer, relate to or are from third-party sources related to fitness or
other investigations of registrants or applicants for registration.
Though subject to change with future information technology upgrades,
the notice covers activities that are currently automated by the
following NFA databases and applications:
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BASIC--Background Affiliation Status Information Center;
Fingerprint system;
DDOC--Disclosure Document System;
EFC--Electronic Filing Cabinet;
EasyFile;
FACTS--Financial Analysis & Audit Compliance Tracking
System;
Fitness Image;
NFA Audit System;
ORS--Online Registration System;
WinjammerTM Online Filing System.
This single SORN will replace and rename CFTC-12, ``Fitness
Investigations,'' and will result in retirement of two other SORNs,
CFTC-20, ``Registration,'' and CFTC-28, ``Self-Regulatory Organization
Disciplinary Action Files.''
Issued in Washington, DC, on September 24, 2014, by the
Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.
CFTC-12
System Name:
National Futures Association (NFA) Applications Suite System
(Exempted).
Security Classification:
Unclassified.
System Location:
The electronic applications and databases that comprise the NFA
Applications Suite System (Exempted) are located in two primary
locations, NFA, 300 South Riverside, Suite 1800, Chicago, Illinois
60606 and the CFTC, Three Lafayette Centre, 1155 21st Street NW.,
Washington, DC 20581. Some information is also located at CFTC regional
offices at 525 West Monroe Street, Suite 1100, Chicago, IL 60661; 140
Broadway, 19th Floor, New York, NY 10005; and 4900 Main Street, Suite
500, Kansas City, MO 64112.
Categories Of Individuals Covered By The System:
Individuals who have applied or who may apply for registration as
futures commission merchants, introducing brokers, commodity pool
operators, commodity trading advisors, leverage transaction merchants,
swap dealers, major swap participants, retail foreign exchange dealers
and agricultural trade option merchants (ATOMs); individuals who file
notices of exemption or claims for exemption from certain CFTC
requirements; individuals who are or may become principals (as defined
in 17 CFR 3.1); individuals who have applied or who may apply for
registration as associated persons of the foregoing firms; and floor
brokers and floor traders. Also individuals, who have been suspended,
expelled, disciplined, or denied access to or by a self-regulatory
organization (SRO), including, but not limited to, NFA or who have been
subject to a CFTC civil or administrative action.
Categories Of Records In The System:
Information pertaining to the fitness of the individuals or firms
to engage in business subject to the Commission's jurisdiction,
including but not limited to registration forms, schedules and
supplements, fingerprint cards which are required for certain
individual registrants as provided under CFTC rules, correspondence
relating to registration, fitness investigations, and reports and
memoranda reflecting information developed from various sources. This
system includes investigatory material compiled for law enforcement
purposes whose disclosure the Commission staff has determined could
compromise Commission investigations, or would reveal the identity of a
source who furnished information to the Commission under an express
promise that the identity of the source would be held in confidence.
Information pertaining to disciplinary or other adverse action
taken by an SRO or the CFTC, including the name of the person against
whom such action was taken, the action taken, and the reasons.
Information submitted by certain individuals or firms to enable NFA
and/or CFTC supervision and oversight of activities governed by the
Commodity Exchange Act, such as financial statements, reports and
notice filings; disclosure documents; and submissions by swap dealers
and major swap participants pursuant to Commission Regulation
3.10(a)(1)(v)(A) and information developed by the NFA and/or CFTC
related to such information.
Information submitted by individuals related to notices of
exemption or claims for exemption from certain CFTC requirements and
information developed by NFA and/or the CFTC related to the notice of
exemption or claim for exemption.
Authority For Maintenance Of The System:
The Commodity Exchange Act, 7 U.S.C. 1, et seq., and the rules and
regulations promulgated thereunder.
Purpose(s):
The records in this system are used to support the Commission's
registration and other regulatory authority as delegated to NFA. This
involves maintaining fitness investigation and other fitness related
records, including investigatory material compiled for law enforcement
purposes, non-fitness registration records, images of registration
records, information related to disciplinary action taken by the CFTC
and self-regulatory organizations including NFA; processing hard copy
and electronic fingerprint cards; and maintaining a web based
registration system, records related to notices of exemption or claims
for exemption from certain CFTC requirements, and financial statements,
reports, notices and other filings that enable NFA and the CFTC to
oversee registrant activities for compliance with legal requirements.
Routine Uses Of Records Maintained In The System, Including Categories
Of Users And The Purposes Of Such Uses:
NFA may disclose information contained in those portions of this
system of records maintained by NFA, but any such disclosure must be
made in accordance with NFA rules that have been approved by the
Commission or permitted to become effective without Commission
approval. Disclosures must be made under circumstances authorized by
the Commission as consistent with the Commission's regulations and
routine uses.
NFA generally makes available to the public on NFA Web site(s),
including the Background Affiliation Status Information Center (BASIC),
firm directories, registration forms, business addresses, telephone
numbers, registration categories, biographical supplements (except for
any confidential information on supplementary attachments to the
forms), effective dates of registration, registration status, and
disciplinary action taken concerning futures commission merchants,
introducing brokers, commodity pool operators, commodity trading
advisors, swap dealers, major swap participants and retail foreign
exchange dealers and their associated persons. NFA also will release
records or portions of records to any member of the public if such
records or portions are ``public'' or ``publicly available'' under CFTC
Regulations 1.10(g) or 145.0.
For information not made available to the public as explained
above, NFA may disclose information contained in those portions of this
system of records maintained by NFA:
(1) To any person with whom an applicant or registrant is or plans
to be associated as an associated person or affiliated as a principal
or with whom an individual is or plans on being associated as a swap
associated person;
(2) to any futures commission merchant or retail foreign exchange
dealer with whom an introducing
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broker, whether an applicant or registrant, has or plans to enter into
a guarantee agreement under CFTC Regulation 1.10;
(3) to boards of trade designated as contract markets or to any
other futures associations registered with the Commission to assist
those organizations in carrying out their responsibilities under the
Act, or to national securities exchanges or national securities
associations registered with the Securities & Exchange Commission to
assist those organizations in carrying out their responsibilities under
the Securities Exchange Act of 1934;
(4) to federal, state or local law enforcement or regulatory
agencies acting within the scope of their jurisdiction or for their use
in meeting responsibilities assigned to them under law (to the same
extent that the Commission may disclose such registration information
under Sections 8(e) and 8(g) of the Act);
(5) pursuant to an order of a court of competent jurisdiction;
except that, subpoenas and summonses covering non-public portions of
registration records and copies of the non-public records shall be
promptly forwarded to the Commission to enable the Commission to
consult with NFA on how to proceed;
(6) otherwise with the authorization of the FOI, Privacy and
Sunshine Act Compliance staff or the General Counsel of the Commission
or his or her designee, in accordance with CFTC Regulations 145.7(b),
(h) and (i); the Freedom of Information Act, 5 U.S.C. 552; and the
Privacy Act, 5 U.S.C. 552a; and
(7) to any individual or firm, or person acting on behalf of the
individual or firm, who seeks access to registration records, excluding
any reports reflecting information developed from sources outside the
Commission or NFA compiled or generated in connection with determining
fitness for registration or affiliation as a principal, in connection
with that individual's or firm's application for registration.
Information in this system may also be disclosed in accordance with
the blanket routine uses numbered 1 through 19 that appear at the
beginning of the Commission's compilation of its systems of records
notices, which can be found in the Federal Register at 76 FR 5974 (Feb.
2, 2011).
Disclosure To Consumer Reporting Agencies:
None.
Policies And Practices For Storing, Retrieving, Accessing, Retaining,
And Disposing Of Records In The System:
Storage:
Paper records are stored in file folders and binders. Electronic
records, including computer files, are stored on the Commission's
network, NFA databases or applications, NFA Web site, and other
electronic media (e.g., microfiche) as needed.
Retrievability:
By the name of the individual or firm, an NFA identification
number, docket number or by cross-indexing an individual's file to the
name of the firm with which the individual is associated or affiliated
(e.g., the name of the futures commission merchant).
Safeguards:
Records are protected from unauthorized access and improper use
through administrative, technical and physical security measures.
Administrative measures includes workforce security awareness training.
Technical security measures within the NFA and CFTC include
restrictions on computer access to authorized individuals, required use
of strong passwords that are frequently changed, use of encryption for
certain data types and transfers, and regular review of security
procedures and best practices to enhance security. Physical measures
include restrictions on building access to authorized individuals and
maintenance of records in lockable offices and filing cabinets.
Retention And Disposal:
These records are retained and disposed of in accordance with CFTC
Records Schedules available at: www.cftc.gov/ucm/groups/public/@aboutcftc/documents/file/recordsdispositionschedule.pdf.
System Manager(s) And Address:
For records held by the Commission related to fitness
investigations and registration: Director, Division of Swap Dealer and
Intermediary Oversight (DSIO), Commodity Futures Trading Commission,
Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.
Surveillance Branch Chiefs in the regional offices at 525 West Monroe
Street, Suite 1100, Chicago, IL 60661 and 140 Broadway, 19th Floor, New
York, NY 10005. For records held by the Commission related to
disciplinary action: Director, Division of Market Oversight (DMO),
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street NW., Washington, DC 20581.
For records held by NFA: Vice President for Registration, National
Futures Association, 300 South Riverside, Suite 1800, Chicago, Illinois
60606.
Notification Procedure:
Individuals seeking to determine whether this system of records
contains information about themselves or seeking access to records
about themselves in this system of records, or contesting the content
of records about themselves contained in this system of records should
address written inquiry to FOIA/Privacy Act Request, Commodity Futures
Trading Commission, Three Lafayette Centre, 1155 21st Street NW.,
Washington, DC 20581. Telephone (202) 418-5000.
Individuals may also request registration information by telephone
directly from the NFA information center at (800) 621-3570 or (312)
781-1410. Inquiries can also be made to NFA by fax at (312) 781-1459 or
via the Internet at [email protected]. NFA will query the
system about current registration status and registration and
disciplinary history, and will provide instructions on how to make
written requests for copies of records. The Internet may be used to
obtain information on current registration status and futures-related
regulatory actions at www.nfa.futures.org.
Record Source Categories:
The individual or firm on whom the record is maintained; the
individual's employer; individuals filing reparations complaints or
answers; Federal, state and local regulatory and law enforcement
agencies; commodities and securities exchanges; NFA; Financial Industry
Regulatory Authority (FINRA); foreign futures and securities
authorities and INTERPOL; self-regulatory organizations notifying the
Commission of disciplinary or other adverse actions taken; and other
miscellaneous sources.
Exemptions Claimed For The System:
The records in this system that refer, relate to or are from third-
party sources related to fitness or other investigations of applicants
for registration or registrants are exempted by the Commission from
certain provisions of the Privacy Act of 1974 pursuant to the terms of
the Privacy Act, 5 U.S.C. 552a(k)(2), and the Commission's rules
promulgated thereunder, 17 CFR 146.12. These records are exempt from
the notification procedures, records access procedures, and record
contest procedures set forth in the system notices of other systems of
records, and
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from the requirement that the sources of records in the system be
described.
[FR Doc. 2014-23186 Filed 9-29-14; 8:45 am]
BILLING CODE 6351-01-P