2012-23496
Federal Register, Volume 77 Issue 185 (Monday, September 24, 2012)[Federal Register Volume 77, Number 185 (Monday, September 24, 2012)]
[Notices]
[Pages 58814-58816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23496]
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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) is
revising a system of records under the Privacy Act of 1974, CFTC-15,
Large Trader Report Files (Integrated Surveillance System), and
renaming the system ``Enterprise Surveillance, Oversight & Risk
Monitoring System'' to be more descriptive of its contents and
enhancements.
DATES: Comments must be received on or before October 24, 2012. This
action will be effective without further notice on November 5, 2012,
unless revised pursuant to comments received.
ADDRESSES: You may submit comments identified by ``Enterprise
Surveillance, Oversight & Risk Monitoring System SORN'' 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 must collect,
maintain, and use personally identifiable information associated with
an individual 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.
[[Page 58815]]
II. Routine Uses
Information in the systems of records covered by this Federal
Register notice may be disclosed in accordance with the blanket routine
uses numbered 1 through 19 published at 76 FR 5974 (Feb. 2, 2011).
These blanket routine uses apply to all CFTC systems of records, except
as otherwise provided in a specific system of records notice.
III. Enterprise Surveillance, Oversight & Risk Monitoring System
The Commission proposes to revise a system of records, CFTC-15
``Large Trader Report Files (Integrated Surveillance System),'' and
rename the system as ``Enterprise Surveillance, Oversight & Risk
Monitoring System.'' The notice revises the description of the system
and enhancements to more broadly cover the Commission's market
oversight, and market, risk and financial surveillance activities. The
data covered by this expanded system includes records required to
monitor the commodity futures and swaps markets, perform various
mission-critical commodity futures and swaps market analyses, review
activities of registered entities for compliance with the Commodity
Exchange Act and Commission rules, and conduct surveillance on both
intra and inter-exchange and across side-by-side electronic trading
platforms.
Enterprise Surveillance, Oversight & Risk Monitoring System
SYSTEM NUMBER:
CFTC-15.
SYSTEM NAME:
Enterprise Surveillance, Oversight & Risk Monitoring System
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The electronic systems that comprise the Enterprise Surveillance,
Oversight & Risk Monitoring System are located at the Commodity Futures
Trading Commission, Three Lafayette Centre, 1155 21st Street NW.,
Washington, DC 20581.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who own, hold, or control a reportable position, volume
threshold account, or reportable sub-account, individuals who have
reporting, regulatory, or oversight responsibility at firms regulated
by the Commission, and individuals requesting exemptions, as defined in
17 CFR parts 17, 18, 19, 20, 39 and 151, including but not limited to
individuals who process reportable positions, volume threshold
accounts, or reportable sub-accounts and/or submit information related
to such positions, accounts, or sub-accounts to the Commission;
employees, officers or agents of registered derivatives clearing
organizations (DCOs); and individuals whose cleared positions are
reported by a DCO pursuant to Commission regulations.
CATEGORIES OF RECORDS IN THE SYSTEM: \1\
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\1\ On July 26, 2012, the Commission published a Notice of
Proposed Rulemaking, which proposes new rules and related forms for
public comment that are designed to enhance the Commission's
identification of futures and swap market participants. The proposed
rules would leverage the Commission's existing position and
transaction reporting programs by requiring the electronic
submission of trader identification and market participant data on
amended Forms 102 and 40, and on new Form 71. See Federal Register
Vol. 77, No. 144, July 26, 2012, RIN 3038-AD31, Ownership and
Control Reports, Forms 102/102S, 40/40S, and 71.
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1. Reports filed by the individual who owns, holds or controls the
reportable position, volume threshold account, or reportable sub-
account:
a. Statements of Reporting Trader (CFTC Forms 40 and 40S).
b. Information reported on CFTC Form 40 is described in part 18 of
the Commission's rules and regulations.
c. Large trader reporting form (Series 04 Form).
2. Reports to be filed by futures commission merchants, designated
contract markets, clearing members and other members of contract
markets, originating firms, foreign brokers, swap dealers, and, for
large option traders, by contract markets:
a. Identification of ``Special Accounts'' (CFTC Form 102A).
b. Identification of ``Volume Threshold Accounts'' (CFTC Form
102B).
c. Identification of ``Omnibus Volume Threshold Accounts'' and
``Reportable Sub-Accounts'' (CFTC Form 71).
d. Information reported on CFTC Forms 102A, 102B and 71 is
described in part 17 of the Commission's rules and regulations.
e. Identification and Reporting of a Swap Counterparty or Customer
``Consolidated Account'' with a Reportable Position (CFTC Form 102S).
f. Information reported on CFTC Form 102S is described in part 20
of the Commission's rules and regulations.
g. Large trader reporting form (Series 01 Form).
3. Computer records prepared from information on the forms
described in items (1) and (2) above.
4. Other information submitted to the Commission by the covered
individuals via registration channels or gathered by the Commission to
review compliance with the Commodity Exchange Act and Commission rules.
5. Correspondence and memoranda of telephone conversations between
the Commission and the individual or between the Commission and other
agencies dealing with matters of official business concerning the
covered individual.
6. Regulatory report filings, regulatory notice filings and
correspondence and memoranda with individuals concerning such filings.
7. Records containing contact information on individuals associated
with registration applicants or registered firms or other entities,
including business, home and cell phone numbers, email addresses and
home addresses.
8. Other miscellaneous information, including intra-agency
correspondence and memoranda concerning the individual and documents
relating to official actions taken by the Commission against the
individual.
9. Reports by DCOs of cleared positions of clearing member
customers.
10. Information related to hedge exemptions and requests for
disaggregation and re-aggregation in accordance with Part 151 of the
Commission's rules.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Commodity Exchange Act, 7 U.S.C. 1 et seq., including Sections
4g, 4i, 8, 7 U.S.C. 4t, 6g, 6i, 12, 2(d), 76 FR 43851 Section 20 and
the rules and regulations promulgated thereunder.
PURPOSE(S):
The records in this system are used to support market oversight,
and market, risk and financial surveillance activities, specifically,
monitoring the commodity futures and swaps markets, performing various
mission-critical commodity futures, and swaps market analyses,
reviewing activities of registered entities for compliance with the
Commodity Exchange Act and Commission regulations, and conducting
surveillance on both intra and inter-exchange and across side-by-side
electronic trading platforms. Records are also used to support firm and
registrant oversight, including compliance with the Commission's
financial and regulatory requirements.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information concerning firms, traders and their activities may be
disclosed and made public by the Commission to
[[Page 58816]]
the extent permitted by law when deemed appropriate to further the
practices and policies of the Commodity Exchange Act. When not
otherwise prohibited by law, 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESS CONTROLS,
SAFEGUARDS, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The data will be collected and maintained electronically and/or in
paper files. Paper records are stored in file folders, binders,
computer files and computer disks. Electronic records, including
computer files and electronically maintained data, are stored on the
Commission's network and other electronic media as needed, such as
encrypted hard drives.
RETRIEVABILITY:
Files may be retrieved by firm or registrant name, individual name
or other identifier (e.g., account number or firm number) related to
the individual.
ACCESS CONTROLS, SAFEGUARDS:
Records are protected from unauthorized access and improper use
through administrative, technical and physical security measures.
Technical security measures within CFTC include restrictions on
computer access to authorized individuals, 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:
The records will be maintained in accordance with records
disposition schedules approved by the National Archives and Records
Administration. The schedules are available at www.cftc.gov.
SYSTEM MANAGER(S) AND ADDRESS:
Chief Information Officer, Office of Data and Technology, Commodity
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street
NW., Washington, DC 20581.
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 the Office of General Counsel, Paralegal
Specialist, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street NW., Washington, DC 20581. Telephone (202)
418-5011.
RECORD SOURCE CATEGORIES:
Individuals, agencies, firms, Exchanges, DCOs and Designated Self-
Regulatory Organizations will provide the information for this system
of records, which includes correspondence from individuals, agencies,
firms, Exchanges, DCOs and Designated Self-Regulatory Organizations
requested to provide information on the individual.
EXEMPTIONS CLAIMED FOR THIS SYSTEM:
None.
Issued in Washington, DC, on this 19th day of September, by the
Commission.
Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. 2012-23496 Filed 9-21-12; 8:45 am]
BILLING CODE 6351-01-P
Last Updated: September 24, 2012