83 FR 6905 - Privacy Act of 1974; System of Records

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 32 (February 15, 2018)

Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, the Securities and Exchange Commission (Commission or SEC) purposes to rescind 33 existing systems of records. The Notice of Rescindment identifies the system of records, explains why the SORN is being rescinded, and provides an account of what will happen to the records previously maintained in the system.

[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6905-6908]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03101]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. PA-54; File No. S7-02-18]


Privacy Act of 1974; System of Records

AGENCY: Securities and Exchange Commission.

ACTION: Rescindment of system of records notice.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management 
and Budget (OMB) Circular No. A-108, the Securities and Exchange 
Commission (Commission or SEC) purposes to rescind 33 existing systems 
of records. The Notice of Rescindment identifies the system of records, 
explains why the SORN is being rescinded, and provides an account of 
what will happen to the records previously maintained in the system.

DATES: The rescindments will become effective on March 27, 2018.

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an email to [email protected]. Please include 
File Number S7-02-18 on the subject line.

Paper Comments

    Send paper comments in triplicate to Brent J. Fields, Secretary, 
U.S. Securities and Exchange Commission, 100 F Street NE, Washington, 
DC 20549-1090. All submissions should refer to S7-02-18. This file 
number should be included on the subject line if email is used. To help 
process and review your comments more efficiently, please use only one 
method. The Commission will post all comments on the Commission's 
internet website (http://www.sec.gov/rules/other.shtml). Comments are 
also available for website 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: Ronnette McDaniel, Privacy and 
Information Assurance Branch Chief, 202-551-8378 or 
[email protected].

SUPPLEMENTARY INFORMATION: Thirty-three systems were identified for 
rescindment from the SEC's Privacy Act systems of records inventory. 
SORNs were identified for rescindment for one of four reasons: The 
records (1) are not Privacy Act records; (2) will be maintained as part 
of a new or modified system of records; (3) are duplicative, and 
covered by another SEC system of records; or (4) are obsolete and no 
longer maintained by the SEC. A description of each rescindment 
justification, the applicable SORNs, and an account of what happened to 
the records is as follows:

1. Not a Privacy Act System of Records

    Mere maintenance of personal information about an individual is not 
enough to create a Privacy Act system of records. To satisfy the 
elements of a system of records, there must be (1) a group of records; 
(2) under the control of a government agency; and (3) those records 
must be retrieved by a name or other personal identifier. When one 
condition is no longer met, the collection ceases to qualify as a 
system of records. Accordingly, the following SORNs were identified for 
rescindment as they no longer qualify as a Privacy Act system of 
records.
    1. SEC-12: Hearings, Proceedings and Studies. These records are no 
longer retrieved by a personal identifier. Records are now retrieved 
using a date or the name of an event.
    2. SEC-13: No-action and Interpretative Letters. These records are 
no longer retrieved by a personal identifier. Records are now retrieved 
by company name and law firm name.
    3. SEC-21: Division of Investment Management Correspondence and 
Memoranda Files. These records are no longer retrieved by a personal 
identifier. Records are now retrieved by date, title, or company name.
    4. SEC-27: Name-Relationship Search Index (NRSI). Under the Privacy 
Act, a record is defined as ``any item, collection, or grouping of 
information

[[Page 6906]]

about an individual that is maintained by an agency.'' Since 2000, the 
NRSI has stopped maintaining records on individuals. NRSI is used as a 
search tool, to search records in other SEC systems; it does not store 
or maintain data within the system.

2. Maintained as Part of a New or Modified Systems of Records

    In accordance with the directive of OMB, ``if records in a system 
of records will be combined with another system of records or 
maintained as part of a new system of records, [agencies shall draft a] 
notice of rescindment [and] shall direct members of the public to the 
SORN for the system that will include the relevant records.'' 
Accordingly, the following SORNs were identified for rescindment. The 
records will be maintained as part of a new or modified system of 
records as described below:
    1. SEC-01: Registration Statements Filed Pursuant to Provisions of 
the Securities Act of 1933, Securities Exchange Act of 1934, Public 
Utility Holding Company Act of 1935, and Investment Company Act of 
1940. Records in this system will be consolidated in multiple systems 
of records. Records collected, maintained and used to assist the 
Division of Corporation Finance would be consolidated into new SORN 
SEC-68. Records collected, maintained and used to assist the Division 
of Investment Management would be consolidated into new SORN SEC-69.
    2. SEC-02: Applications for Registration or Exemption under the 
Investment Company Act of 1940. Records collected, maintained and used 
to assist the Division of Investment Management would be consolidated 
into new SORN SEC-69.
    3. SEC-03: Notification of Exemption from Registration under the 
Securities Act of 1933. Records collected, maintained and used to 
assist the Division of Corporation Finance would be consolidated into 
new SORN SEC-68.
    4. SEC-04: Beneficial Ownership, Acquisition, Tender Offer, and 
Solicitation Records Filed under the Securities Exchange Act of 1934. 
Records collected, maintained and used to assist the Division of 
Corporation Finance would be consolidated into new SORN SEC-68.
    5. SEC-05: Ownership Reports and Insider Trading Transaction 
Records Filed under the Securities Exchange Act of 1934, Public Utility 
Holding Company Act of 1935, and Investment Company Act of 1940. 
Records collected, maintained and used to assist the Division of 
Corporation Finance would be consolidated into new SORN SEC-68.
    6. SEC-06: Periodic Reports Filed under the Securities Act of 1933, 
Securities Exchange Act of 1934, Public Utility Holding Company Act of 
1935, and Investment Company Act of 1940 and Investment Advisers Act of 
1940. Records in this system will be consolidated in multiple systems 
of records. Records collected, maintained and used to assist the 
Division of Corporation Finance would be consolidated into new SORN 
SEC-68. Records collected, maintained and used to assist the Division 
of Investment Management would be consolidated into new SORN SEC-69.
    7. SEC-07: Proposed Sale of Securities Records Filed under the 
Securities Act of 1933. Records collected, maintained and used to 
assist the Division of Corporation Finance would be consolidated into 
new SORN SEC-68.
    8. SEC-08: Proxy Soliciting Material Filed under the Securities 
Exchange Act of 1934, Public Utility Holding Company Act of 1935, and 
Investment Company Act of 1940. Records in this system will be 
consolidated in multiple systems of records. Records collected, 
maintained and used to assist the Division of Corporation Finance would 
be consolidated into new SORN SEC-68. Records collected, maintained and 
used to assist the Division of Investment Management would be 
consolidated into new SORN SEC-69.
    9. SEC-09: Correspondence Files Pertaining to Registered Broker-
Dealers. Records collected, maintained and used to assist the Division 
of Trading and Markets would be consolidated into new SORN SEC-70.
    10. SEC-10: Correspondence Files Pertaining to Registered 
Investment Advisers. Records collected, maintained and used to assist 
the Division of Investment Management would be consolidated into new 
SORN SEC-69.
    11. SEC-11: Correspondence Files Pertaining to Registered 
Investment Companies. Records collected, maintained and used to assist 
the Division of Investment Management would be consolidated into new 
SORN SEC-69.
    12. SEC-18: Applications for Relief from Disqualification Filed 
Under the Securities Act of 1933 and the Commission's Rules of 
Practice. Records in this system will be consolidated in multiple 
systems of records. Records collected, maintained and used to assist 
the Office of General Counsel would be consolidated into modified SORN 
SEC-31. Records collected, maintained and used to assist the Division 
of Corporation Finance would be consolidated into new SORN SEC-68. 
Records collected, maintained and used to assist the Division of 
Investment Management would be consolidated into new SORN SEC-69.
    13. SEC-20: Division of Corporation Finance Index for Filings on 
Schedule 13D and Filings under Regulations A and B. Records collected, 
maintained and used to assist the Division of Corporation Finance would 
be consolidated into new SORN SEC-68.
    14. SEC-30: Office of General Counsel Work Files. Records 
collected, maintained and used to assist the Office of General Counsel 
would be consolidated into modified SORN SEC-31.
    15. SEC-32: Rule 102(e) of the Commission's Rules of Practice--
Appearance and Practice Before the Commission. Records collected, 
maintained and used to assist the Office of General Counsel would be 
consolidated into modified SORN SEC-31.
    16. SEC-37: Automated Personnel Management Information System. 
Records collected, maintained and used to assist the Office of Human 
Resources would be consolidated into modified SORN SEC-39.
    17. SEC-40: Office of Personnel Training Files. Records collected, 
maintained and used to assist the Office of Human Resources would be 
consolidated into modified SORN SEC-39.
    18. SEC-49: Broker-Dealer Records. Records collected, maintained 
and used to assist the Division of Trading and Markets would be 
consolidated into new SORN SEC-70.
    19. SEC-50: Investment Adviser Records. Records collected, 
maintained and used to assist the Division of Investment Management 
would be consolidated into new SORN SEC-69.

3. Duplicative of Another SEC SORN

    OMB requires that each agency provide assurance that systems of 
records do not duplicate any existing agency or government-wide systems 
of records. Accordingly, the following SORNs were identified for 
rescindment.
    1. SEC-23: Staff Time and Activity Tracking System (STATS). The 
records in SEC-23 are duplicative of and share the same purpose as the 
records in SORN SEC-15: Payroll, Attendance, Retirement and Leave 
Records, 75 FR 17978 (April 8, 2010).
    2. SEC-25: Office of Public Affairs, Policy Evaluation and Research 
Records. The following records in SEC-25 are no longer used or 
maintained by the Office of Public Affairs and are

[[Page 6907]]

recommended for elimination from the notice: Speeches by Commissioners 
and other Commission officials. The remaining item in the categories of 
records is a contact list, which contains the names, telephone numbers 
and addresses of news reporters and editors. The contact list is 
essential and necessary in order to conduct official business and is 
duplicative of records maintained in SEC-56: Mailing, Contact and Other 
Lists, 74 FR 36281 (July 22, 2009).
    3. SEC-34: Administrative Proceedings Records Cards. The records in 
SEC-34 are duplicative of and share the same purpose as the records in 
SORN SEC-36: Administrative Proceeding Files, 79 FR 69894 (November 24, 
2014).
    4. SEC-53: Automated Emergency Notification System. The records in 
SEC-53 are duplicative of the records in SORN SEC-51: Emergency 
Contingency Plan System, 68 FR 23168 (April 30, 2003).
    5. SEC-59: Office of Interpretation and Guidance Log; Office of 
Broker-Dealer Finances NRSRO Log; Office of Financial Responsibility 
Log. The records related to broker-dealer finances were consolidated in 
to the new SORN SEC-70. All remaining records in SEC-59 are duplicative 
of and share the same purpose as the records in SORN SEC-56: Mailing, 
Contact and Other Lists, 74 FR 36281 (July 22, 2009).

4. Obsolete Systems

    The Privacy Act provides that an agency may only collect or 
maintain in its records information about individuals that is relevant 
and necessary to accomplish a purpose that is required by a statute or 
executive order. If a system of records is comprised of records that no 
longer meet this standard, the Privacy Act may require agencies to stop 
maintaining the system and expunge the records in accordance with the 
requirements in the SORN and the applicable record retention or 
disposition schedule approved by the National Archives and Records 
Administration. System managers have deemed the following systems 
obsolete and have declared that the records are no longer relevant to 
accomplish an agency mission/purpose. Accordingly, the following SORNs 
were identified for rescindment:

1. SEC-22: Executive/Congressional Personnel Referrals
2. SEC-26: Confidential Treatment Request Imaging System
3. SEC-35: Securities Violations Records and Bulletin
4. SEC-44: Ridesharing System
5. SEC-47: Disgorgement and Penalties Tracking System
SYSTEM NAME AND NUMBER
    1. SEC-01 Registration Statements Filed Pursuant to Provisions of 
the Securities Act of 1933, Securities Exchange Act of 1934, Public 
Utility Holding Company Act of 1935, and Investment Company Act of 
1940.
    2. SEC-02 Applications for Registration or Exemption under the 
Investment Company Act of 1940.
    3. SEC-03 Notification of Exemption from Registration under the 
Securities Act of 1933.
    4. SEC-04 Beneficial Ownership, Acquisition, Tender Offer, and 
Solicitation Records Filed under the Securities Exchange Act of 1934.
    5. SEC-05 Ownership Reports and Insider Trading Transaction Records 
Filed under the Securities Exchange Act of 1934, Public Utility Holding 
Company Act of 1935, and Investment Company Act of 1940.
    6. SEC-06 Periodic Reports Filed under the Securities Act of 1933, 
Securities Exchange Act of 1934, Public Utility Holding Company Act of 
1935, and Investment Company Act of 1940 and Investment Advisers Act of 
1940.
    7. SEC-07 Proposed Sale of Securities Records Filed under the 
Securities Act of 1933.
    8. SEC-08 Proxy Soliciting Material Filed under the Securities 
Exchange Act of 1934, Public Utility Holding Company Act of 1935, and 
Investment Company Act of 1940.
    9. SEC-09 Correspondence Files Pertaining to Registered Broker-
Dealers.
    10. SEC-10 Correspondence Files Pertaining to Registered Investment 
Advisers.
    11. SEC-11 Correspondence Files Pertaining to Registered Investment 
Companies.
    12. SEC-12, Hearings, Proceedings and Studies.
    13. SEC-13, No-action and Interpretative Letters.
    14. SEC-18 Applications for Relief From Disqualification Filed 
Under the Securities Act of 1933 and the Commission's Rules of 
Practice.
    15. SEC-20 Division of Corporation Finance Index for Filings on 
Schedule 13D and Filings under Regulations A and B.
    16. SEC-21, Division of Investment Management Correspondence and 
Memoranda Files.
    17. SEC-22, Executive/Congressional Personnel Referrals.
    18. SEC-23: Staff Time and Activity Tracking System (STATS).
    19. SEC-25, Office of Public Affairs, Policy Evaluation and 
Research Records.
    20. SEC-26, Confidential Treatment Request Imaging System.
    21. SEC-27, Name-Relationship Search Index (NRSI).
    22. SEC-30 Office of General Counsel Work Files.
    23. SEC-32 Rule 102(e) of the Commission's Rules of Practice--
Appearance and Practice Before the Commission.
    24. SEC-34, Administrative Proceedings Records Cards.
    25. SEC-35, Securities Violations Records and Bulletin.
    26. SEC-37: Automated Personnel Management Information System.
    27. SEC-40: Office of Personnel Training Files.
    28. SEC-44, Ridesharing System.
    29. SEC-47, Disgorgement and Penalties Tracking System.
    30. SEC-49 Broker-Dealer Records.
    31. SEC-50 Investment Adviser Records.
    32. SEC-53, Automated Emergency Notification System.
    33. SEC-59, Office of Interpretation and Guidance Log; Office of 
Broker-Dealer Finances NRSRO Log; Office of Financial Responsibility 
Log.

HISTORY:

------------------------------------------------------------------------
                                            Federal Register No. and
              System No.                        publication date
------------------------------------------------------------------------
SEC-01................................  40 FR 39253 (August 27, 1975).
SEC-02................................  40 FR 39253 (August 27, 1975);
                                         64 FR 69051 (December 9, 1999);
                                         and 66 FR 7820 (January 25,
                                         2001).
SEC-03................................  40 FR 39253 (August 27, 1975)
                                         and 46 FR 44328 (September 3,
                                         1981).
SEC-04................................  40 FR 39253 (August 27, 1975).
SEC-05................................  40 FR 39253 (August 27, 1975).
SEC-06................................  40 FR 39253 (August 27, 1975)
                                         and 59 FR 27626 (May 27, 1994).
SEC-07................................  40 FR 39253 (August 27, 1975)
                                         and 59 FR 27626 (May 27, 1994).
SEC-08................................  40 FR 39253 (August 27, 1975)
                                         and 59 FR 27626 (May 27, 1994).
SEC-09................................  40 FR 39253 (August 27, 1975);
                                         59 FR 27626 (May 27, 1994); and
                                         62 FR 47884 (September 11,
                                         1997).

[[Page 6908]]

 
SEC-10................................  40 FR 39253 (August 27, 1975);
                                         59 FR 27626 (May 27, 1994); and
                                         62 FR 47884 (September 11,
                                         1997).
SEC-11................................  40 FR 39253 (August 27, 1975)
                                         and 62 FR 47884 (September 11,
                                         1997).
SEC-12................................  40 FR 39258 (August 27, 1975);
                                         59 FR 27626 (May 27, 1994); and
                                         62 FR 47884 (September 14,
                                         1997).
SEC-13................................  40 FR 39258 (August 27, 1975);
                                         59 FR 27626 (May 27, 1994); and
                                         62 FR 47884 (September 14,
                                         1997).
SEC-18................................  40 FR 39253 (August 27, 1975);
                                         59 FR 27626 (May 27, 1994); and
                                         62 FR 47884 (September 11,
                                         1997).
SEC-20................................  40 FR 39253 (August 27, 1975);
                                         59 FR 27626 (May 27, 1994); and
                                         62 FR 47884 (September 11,
                                         1997).
SEC-21................................  40 FR 39253 (August 27, 1975);
                                         77 FR 65913 (October 31, 2012);
                                         and 78 FR 41962 (July 12,
                                         2013).
SEC-22................................  40 FR 39253 (August 27, 1975);
                                         41 FR 5321 (February 5, 1976);
                                         56 FR 24103 (May 27, 1994); and
                                         62 FR 47884 (September 14,
                                         1997).
SEC-23................................  44 FR 7002 (February 5, 1979);
                                         59 FR 27626 (May 27, 1994); and
                                         62 FR 47884 (September 14,
                                         1997).
SEC-25................................  41 FR 5318 (February 5, 1976);
                                         42 FR 36333 (July 14, 1977); 46
                                         FR 22091 (April 15, 1981); 49
                                         FR 28498 (July 12, 1984); 59 FR
                                         27626 (May 27, 1994) and 62 FR
                                         47884 (September 11, 1997).
SEC-26................................  62 FR 47889 (September 11,
                                         1997).
SEC-27................................  40 FR 39253 (August 27, 1975);
                                         41 FR 5321 (February 5, 1976);
                                         49 FR 28498 (July 12, 1984); 56
                                         FR 24103 (May 27, 1994); and 62
                                         FR 47884 (September 14, 1997).
SEC-30................................  40 FR 39253 (August 27, 1975);
                                         59 FR 27626 (May 27, 1994); and
                                         62 FR 47884 (September 11,
                                         1997).
SEC-32................................  40 FR 39253 (August 27, 1975)
                                         and 62 FR 47884 (September 11,
                                         1994).
SEC-34................................  40 FR 39253 (August 27, 1975);
                                         59 FR 27626 (May 27, 1994) and
                                         62 FR 47884 (September 11,
                                         1997).
SEC-35................................  40 FR 39253 (August 27, 1975).
SEC-37................................  43 FR 21769 (May 19, 1978); 46
                                         FR 31128 (June 12, 1981); 56 FR
                                         24103 (June 3, 1991); 57 FR
                                         14594 (April 21, 1992); 59 FR
                                         27626 (May 27, 1994) and 62 FR
                                         47884 (September 14, 1997).
SEC-40................................  40 FR 39253 (August 27, 1975);
                                         41 FR 5321 (February 5, 1976);
                                         42 FR 36333 (July 14, 1977); 56
                                         FR 24103 (June 1, 1991); and 62
                                         FR 479884 (September 11, 1997).
SEC-44................................  63 FR 37423 (July 10, 1998).
SEC-47................................  64 FR 19840 (April 22, 1999).
SEC-49................................  64 FR 69051 (December 9, 1999).
SEC-50................................  66 FR 7820 (January 25, 2001).
SEC-53................................  71 FR 3907 (January 24, 2006).
SEC-59................................  74 FR 36281 (July 22, 2009).
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    By the Commission.

    Dated: February 9, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-03101 Filed 2-14-18; 8:45 am]
BILLING CODE 8011-01-P