Notices. Notice of a renewed computer matching program, which is expected to begin August 1, 2007

5,692 words·~26 min read·/register/2007/06/08/07-2862

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6051-01-M SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55851; File No. SR-CBOE-2007-51] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Increase the Class Quoting Limit in Imergent Inc. and Neurochem, Inc. Options June 4, 2007 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 May 29, 2007, the Chicago Board Options Exchange, Incorporated (“CBOE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the CBOE.

The Exchange has designated this proposal as one constituting a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule under Section 19(b)(3)(A)(i) of the Act, 3 and Rule 19b-4(f)(1) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(i). 4 17 CFR 240.19b-4(f)(1).

I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change CBOE proposes to increase the class quoting limit in two option classes. The text of the proposed rule change is available on CBOE's Web site (www.cboe.com), at the CBOE's Office of the Secretary, and at the Commission's public reference room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, CBOE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change.

The text of these statements may be examined at the places specified in Item IV below. The CBOE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose CBOE Rule 8.3A, Maximum Number of Market Participants Quoting Electronically per Product, establishes class quoting limits (“CQLs”) for each class traded on the Hybrid Trading System. 5 A CQL is the maximum number of quoters that may quote electronically in a given product and the current levels are established from 25-40, depending on the trading activity of the particular product. 5 *See* Rule 8.3A.01.

Rule 8.3A, Interpretation .01(c) provides a procedure by which the President of the Exchange may increase the CQL for a particular product. In this regard, the President of the Exchange may increase the CQL in exceptional circumstances, which are defined in the rule as “substantial trading volume, whether actual or expected.” 6 The effect of an increase in the CQL is procompetitive in that it increases the number of market participants that may quote electronically in a product.

The purpose of this filing is to increase the CQL in the following two option classes: 6 “Any actions taken by the President of the Exchange pursuant to this paragraph will be submitted to the SEC in a rule filing pursuant to Section 19(b)(3)(A) of the Exchange Act.” Rule 8.3A.01(c). Option Class Current CQL New CQL Imergent Inc.

(IIG)30 40 Neurochem, Inc.

(NRMX)35 45 There has been substantial trading volume in these option classes recently. Increasing the CQL in these classes will enable the Exchange to enhance the liquidity offered, thereby offering deeper and more liquid markets. 2. Statutory Basis CBOE believes the proposed rule change is consistent with the Act and the rules and regulations under the Act applicable to a national securities exchange and, in particular, the requirements of section 6(b) of the Act. 7 Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 8 requirements that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts and, in general, to protect investors and the public interest. 7 15 U.S.C. 78(f)(b). 8 15 U.S.C. 78(f)(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received from Members, Participants, or Others The Exchange neither received nor solicited written comments on the proposal. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing proposed rule change will take effect upon filing with the Commission pursuant to Section 19(b)(3)(A)(i) of the Act 9 and Rule 19b-4(f)(1) thereunder, 10 because it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule. 9 15 U.S.C. 78s(b)(3)(A)(i). 10 17 CFR 240.19b-4(f)(1). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-CBOE-2007-51 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-CBOE-2007-51. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the CBOE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2007-51 and should be submitted on or before June 29, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 11 11 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-11080 Filed 6-7-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55852; File No. SR-NYSE-2007-47] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Exchange Rules 103A and 103B June 4, 2007. 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 May 22, 2007, the New York Stock Exchange LLC (“NYSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. The Exchange has designated the proposed rule change as “non-controversial” under Section 19(b)(3)(A)(iii) 3 of the Act and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes a moratorium on the administration of the Specialist Performance Evaluation Questionnaire (“SPEQ”) pursuant to Exchange rule 103A and the use of the SPEQ pursuant to Rule 103B. In addition, the Exchange proposes that the use of SuperDot turnaround for orders received (“Order Reports”) and responses to administrative messages (“Administrative Responses”) not be used as objective measures in the assessment of specialist performance during the moratorium. The Exchange further proposes that the SPEQ and Order Reports/Administrative Responses no longer serve as criteria for a specialist performance improvement action during the moratorium. The text of the proposed rule changes is available on the Exchange's Web site ( *http://www.nyse.com* ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. NYSE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes an immediate moratorium on the administration and use of the SPEQ and Order Reports/Administrative Responses to commence on the date of publication in the **Federal Register** of the formal submission of the Rule 19b-4 filing by the NYSE to the Commission to amend Exchange Rules 103A and 103B and ending no later than December 31, 2007 (“Moratorium”). In addition, the Exchange proposes that the use of Order Reports/Administrative Responses not be used as objective measures in the assessment of specialist performance during the Moratorium pursuant to Exchange Rule 103B or used as criteria for a specialist performance improvement action pursuant to Exchange Rule 103A. SPEQ Pursuant to Exchange Rule 103A, on a quarterly basis, the Exchange distributes a twenty question survey known as the SPEQ to eligible Floor brokers 5 to evaluate specialist performance during the quarter immediately prior to the distribution of the SPEQ. Initially, this subjective feedback provided critical information to assist the Exchange in maintaining the quality of the NYSE market. 5 The Exchange believed that conscientious participation in the SPEQ process was a critical element in the Exchange's program for evaluating the overall performance of its specialists. All eligible Floor brokers are required to participate in the process and evaluate from one to three specialist units each quarter. Floor brokers are selected to participate in the SPEQ process based on broker badge data submitted in accordance with audit trail requirements. Brokers who intentionally fail or refuse to participate in the SPEQ process may be subject to disciplinary action, including the imposition of a summary fine pursuant to Exchange Rule 476A. However, the current SPEQ no longer adequately allows the Floor broker to assess the electronic interaction between the specialist and the Floor broker. The Hybrid Market provided Floor brokers and specialists with electronic trading tools that have resulted in less personal and verbal contact between Floor brokers and specialists. Currently approximately 90% of the transactions executed on the Exchange are done through electronic executions. In addition, the dramatic increase in transparency with respect to the Display Book through, among other things, Exchange initiatives like Exchange OPENBOOK TM 6 (“OPENBOOK”) has decreased the need for the Floor broker to obtain market information verbally from the specialist. This increased transparency gives all market participants, both on and off the Floor, a greater ability to see and react to market changes. 6 OPENBOOK Online Database is an Exchange online service that allows subscribers to view the contents of the specialist book for any stock at any given point in the day, or over a period of time. Results are returned in an Excel spreadsheet. OPENBOOK Online Database is a historical database with data stored online for a 12-month period. The questions on the SPEQ do not take into account the operation of the electronic tools available in the Hybrid Market. The SPEQ does not provide Floor brokers with a means to evaluate specialist performance under the current market model. As a result of the more electronic interaction between Floor brokers and specialists, Floor brokers are unable to assess specialist performance using the current SPEQ. The questions posed to the Floor brokers on the SPEQ require Floor brokers to opine on the specialists' ability to offer single price executions and specialists' ability to provide notification to Floor brokers of market changes in particular stocks. In the current Hybrid Market, specialists are unable to offer single price executions and the relative speed of executions makes it virtually impossible for specialist to notify brokers of changes in a particular security. Given the above, the SPEQ no longer serves as a meaningful measure of specialist performance. As such, the Exchange proposes an immediate Moratorium on the administration and use of the SPEQ in order to provide the Exchange with an opportunity to review its entire specialist allocation policy. Objective Measures The Exchange further requests that during the Moratorium, allocations of newly listed securities on the Exchange continue to be based on the objective measures identified in Exchange Rule 103B, 7 with the exception of SuperDot turnaround for orders received and response to administrative messages. 7 Pursuant to Exchange Rule 103B, specialist dealer performance is measured in terms of participation (TTV); stabilization; capital utilization, which is the degree to which the specialist unit uses its own capital in relation to the total dollar value of trading in the unit's stocks; and near neighbor analysis, which is a measure of specialist performance and market quality comparing performance in a stock to performance of stocks that have similar market characteristics. Additional objective measures pursuant to Exchange Rule 103B are those measures included in Exchange Rule 103A which are:

(a)Timeliness of regular openings;

(b)promptness in seeking Floor official approval of a non-regulatory delayed opening;

(c)timeliness of DOT turnaround; and

(d)response to administrative messages. As a result of the Hybrid Market, SuperDot turnaround for orders received and response to administrative messages no longer provide meaningful objective standards to evaluate specialist performance. Specifically, in the current more electronic Hybrid Market, orders received by Exchange systems that are marketable upon entry are eligible to be immediately and automatically executed by Exchange systems. As such, SuperDot turnaround no longer provides a meaningful objective measure of a specialist's performance. The Exchange therefore seeks to remove SuperDot turnaround as an objective measure of specialist performance during the Moratorium. Furthermore, in the current Hybrid Market the Exchange system automatically responds to the majority of the administrative messages. Today, there are two administrative messages that require a manual response from specialists. These are messages that require the specialist to provide status information on market orders and stop orders. With regard to requests for the status of stop orders, the specialists are no longer capable of providing this information. In December 2006, following Commission approval, 8 the Exchange changed its stop order handling process. Stop orders are no longer visible to the part of the NYSE Display Book® that the specialist “sees.” When a transaction on the Exchange results in the election of a stop order that had been received prior to such transaction, the elected stop order is sent as a market order 9 to the Display Book and the specialist's system employing algorithms where it is handled in the same way as any other market order. The specialist therefore is unable to provide any information regarding the status of stop orders. 8 *See* Securities Exchange Act Release No. 54820 (November 27, 2006), 71 FR 70824 (December 6, 2006) (SR-NYSE-2006-65). 9 As used herein, the term “market order” refers to market orders that are not designated as “auction market orders.” Currently, market orders are eligible to receive immediate and automatic execution on the Exchange. The immediate and automatic execution of market orders eliminates the need for the specialists to respond to the administrative request for the status of market orders. In practice, a customer that submits a market order will likely receive a report of execution before the administrative message requesting the status of the market order has been printed and read by the specialist. The Exchange anticipates that this change will have a minimal impact on its customers. In the past few years, the average number of administrative messages received on a daily basis has steadily declined. The Exchange believes that immediate and automatic execution of orders will virtually eliminate administrative messages that require a manual response from a specialist. As a result, a specialist's ability to respond to administrative messages no longer provides a meaningful measure of specialists' performance during the Moratorium. The Exchange therefore seeks to remove the response to administrative messages as a measure of specialist performance during the Moratorium. Given that SuperDot turnaround and responses to administrative messages no longer provide significant objective measures of specialists' performance in the Hybrid Market, the Exchange seeks to suspend the use of both measures as criteria used to access specialists' performance during the Moratorium. Performance Improvement Actions Similarly, during the Moratorium, the Exchange seeks to suspend the use of the SPEQ and Order Reports/Administrative Reports as criteria for the implementation of a performance improvement action pursuant to Exchange Rule 103A. Exchange Rule 103A(b) provides that: The Market Performance Committee shall initiate a Performance Improvement Action (except in highly unusual or extenuating circumstances, involving factors beyond the control of a particular specialist unit, as determined by formal vote of the Committee) in any case where a specialist unit's performance falls below such standards as are specified in the Supplementary Material to this rule. The objective of a Performance Improvement Action shall be to improve a specialist unit's performance where the unit has exhibited one or more significant weaknesses, or has exhibited an overall pattern of weak performance that indicates the need for general improvement. The SPEQ and Order Reports/Administrative Reports are two criteria included in the standards specified in Exchange Rule 103A Supplementary Material. Given that SPEQ and Order Reports/Administrative Reports no longer provide significant objective measures of specialists' performance in the Hybrid Market, the Exchange seeks to suspend the use of both measures as criteria for the implementation of a performance improvement action during the Moratorium. Creation of a New Process During the Moratorium, the Exchange will analyze how specialists function in the Hybrid market in order to determine which objective standards accurately assess and measure the specialists' performance of its market-making function. Using newly identified objective measures, the Exchange will formally submit a proposal to the Commission, no later than August 1, 2007, to amend Exchange rules that govern the allocation of securities to specialist firms and other related rules. The Exchange believes that the use of objective measures will provide for a more significant comparison of specialist performance. It is anticipated that the use of more objective and detailed measures will promote healthy competition between specialists firms and ultimately result in better market-making for Exchange customers. 2. Statutory Basis The Exchange believes that the basis under the Act for this proposed rule change is the requirement under Section 6(b)(5) 10 that an Exchange have rules that are designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The proposed rule change also is designed to support the principles of Section 11A(a)(1) 11 in that it seeks to assure economically efficient execution of securities transactions, make it practicable for brokers to execute investors' orders in the best market and provide an opportunity for investors' orders to be executed without the participation of a dealer. 10 15 U.S.C. 78f(b)(5). 11 15 U.S.C. 78k-1(a)(1). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received from Members, Participants, or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not:

(i)Significantly affect the protection of investors or the public interest;

(ii)impose any significant burden on competition; and

(iii)become operative for 30 days after the date of filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 12 and subparagraph (f)(6) of Rule 19b-4 thereunder. 13 12 15 U.S.C. 78s(b)(3)(A). 13 17 CFR 240.19b-4(f)(6). A proposed rule change filed under 19b-4(f)(6) normally may not become operative prior to 30 days after the date of filing. 14 However, Rule 19b-4(f)(6)(iii) 15 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has satisfied the five-day prefiling requirement. 16 In addition, the Exchange has requested that the Commission waive the 30-day pre-operative delay and designate the proposed rule change to become operative upon filing. 14 17 CFR 240.19b-4(f)(6)(iii). 15 *Id.* 16 *Id.* The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because it would allow the Exchange to immediately implement this proposal and thus the Exchange would not need to rely on factors that no longer provide significant objective measures of specialists' performance in the Hybrid Market. The Commission notes that the Exchange expects to file a proposed rule change under Section 19(b) of the Act 17 by August 1, 2007, which would amend Exchange rules that govern the allocation of securities to specialist firms and other related rules. The Commission designates the proposal to become effective and operative upon filing. 18 17 15 U.S.C. 78s(b). 18 For purposes only of waiving the 30-day operative delay, the Commission has considered the impact of the proposed rule on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in the furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSE-2007-47 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2007-47. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of NYSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2007-47 and should be submitted on or before June 29, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 19 19 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-11079 Filed 6-7-07; 8:45 am] BILLING CODE 8010-01-P SOCIAL SECURITY ADMINISTRATION [DOCKET No: SSA-2007-0047] Privacy Act of 1974, as Amended; Computer Matching Program SSA/Department of Homeland Security

(DHS)Match 1010 AGENCY: Social Security Administration (SSA). ACTION: Notice of a renewed computer matching program, which is expected to begin August 1, 2007. SUMMARY: In accordance with the provisions of the Privacy Act, as amended, this notice announces a computer matching program that SSA conducts with DHS. DATES: SSA will file a report of the subject matching program with the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB). The matching program will be effective as indicated below. ADDRESSES: Interested parties may comment on this notice either by telefaxing to

(410)965-8582 or by writing to the Associate Commissioner, Office of Income Security Programs, 252 Altmeyer Building,6401 Security Boulevard, Baltimore, MD 21235-6401. All comments received will be available for public inspection at this address. FOR FURTHER INFORMATION CONTACT: The Associate Commissioner for Income Security Programs as shown above. SUPPLEMENTARY INFORMATION: A. General The Computer Matching and Privacy Protection Act of 1988 (Public Law (Pub. L.) 100-503), amended the Privacy Act (5 U.S.C. 552a) by describing the manner in which computer matching involving Federal agencies could be performed and adding certain protections for individuals applying for and receiving Federal benefits. Section 7201 of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) further amended the Privacy Act regarding protections for such individuals. The Privacy Act, as amended, regulates the use of computer matching by Federal agencies when records in a system of records are matched with other Federal, State, or local government records. It requires Federal agencies involved in computer matching programs to:

(1)Negotiate written agreements with the other agency or agencies participating in the matching programs;

(2)Obtain the approval of the matching agreement by the Data Integrity Boards

(DIB)of the participating Federal agencies;

(3)Publish notice of the computer matching program in the **Federal Register** ;

(4)Furnish detailed reports about matching programs to Congress and OMB;

(5)Notify applicants and beneficiaries that their records are subject to matching; and

(6)Verify match findings before reducing, suspending, terminating or denying an individual's benefits or payments. B. SSA Computer Matches Subject to the Privacy Act We have taken action to ensure that all of SSA's computer matching programs comply with the requirements of the Privacy Act, as amended. Dated: May 21, 2007. Manuel J. Vaz, Acting Deputy Commissioner for Disability and Income Security Programs. Notice of a Renewed Computer Matching Program, Social Security Administration

(SSA)With the Department of Homeland Security (DHS). A. Participating Agencies SSA and DHS. B. Purpose of the Matching Program The purpose of this matching program is to establish conditions under which DHS agrees to the disclosure of information regarding certain aliens who may, as a result of their current or planned absences from the United States, be subject to nonpayment of benefits in programs administered by SSA. The disclosure will provide SSA with information useful in determining claim and benefit status under both title II and title XVI of the Social Security Act, governing Social Security Retirement, Survivors and Disability Insurance Benefits, and Supplemental Security Income, in that certain persons who are outside the United States, or similarly lack appropriate statutorily specified residency and citizenship/alienage status, may not be paid benefits under specific statutory provisions of those titles. Public Law (Pub. L.) No. 108-203 (The Social Security Protection Act of 2004), section 412, expands section 202(n) of the Social Security Act to prohibit payment of retirement or disability benefits to number holders removed from the United States under section 237(a) or under section 212(a)(6)(A) of the Immigration and Nationality Act of 1952 (INA), as amended. C. Authority for Conducting the Matching Program Legal authority for the relevant disclosures of this matching operation is contained in sections 202(n) of the Social Security Act, as amended by section 412 of Pub. L. 108-203, 1611(f), and 1614(a)(1) of the Social Security Act (42 U.S.C. 402(n) 1382(f) and 1382c(a)(1) (the Act) and 8 U.S.C. 1611 and 1612). Section 1631(e)

(B)of the Act, 42 U.S.C. 1383(e)

(B)requires SSA to verify declarations of applicants for, and recipients of, Supplemental Security Income

(SSI)payments before making a determination of eligibility or payment amount. Section 1631(f) of the Act (42 U.S.C. 1383(f)) requires Federal agencies to provide SSA with information necessary to verify SSI eligibility or benefit amounts or to verify other information related to these determinations. In addition, section 202(n)(2) of the Act specifies that the “Attorney General or the Secretary of the [Department of Homeland Security]” notify the Commissioner of Social Security when certain individuals are removed under specified provisions of section 237(a) or under section 212(a)(6)(A) of the Immigration and Nationality Act (INA). D. Categories of Records and Individuals Covered by the Matching Agreement DHS will disclose to SSA two data files as described below: 1. Aliens Who Leave the United States Voluntarily DHS will provide SSA with an electronic file from its Computer Linked Application Information Management System (CLAIMS) (Justice/INS 013 system of records, most recently published at 62 FR 59734, dated 11/04/97, which is electronically formatted for transmission to SSA). CLAIMS contains information on resident aliens who are SSI recipients and who have left or plan to leave the United States for any period of 30 consecutive days. SSA will then match the DHS CLAIMS data with Social Security number

(SSN)applicant and holder information, maintained in SSA's Master Files of Social Security Number

(SSN)Holders and SSN Applications, SSA/OEEAS 60-0058 (most recently published at 65 FR 66279, dated 11/03/2000); and SSA's Supplemental Security Income Record

(SSR)and Special Veterans Benefits

(SVB)(most recently published at 66 FR 11079 SSA/OEEAS 60-0103, dated 02/21/2001). 2. Aliens Who Are Removed From the United States DHS will also provide SSA with an electronic file containing information on removed number holders from its Deportable Alien Control System

(DACS)(Justice/INS-012, full text published at 65 FR 46738, dated 07/31/2000, modified at 66 FR 66712, dated 01/22/2001). Electronically formatted for transmission to SSA, DACS is scheduled to be replaced by the Enforce Removal Module (EREM). After such transition, EREM will be the system of records used in the match. SSA will then match the DHS EREM data with applicant and holder information maintained in SSA's Master Files of Social Security Number

(SSN)Holders and SSN Applications SSA/OEES 60-0058, published at 65 FR 66279 (11/03/00), the Master Beneficiary Record SSA/OEEAS 60-0090, most recently published at 66 FR 11080, dated 02/21/2001); and the Supplemental Security Record. E. Inclusive Dates of the Match The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and OMB, or 30 days after publication of this notice in the **Federal Register** , whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met. [FR Doc. E7-11099 Filed 6-7-07; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF STATE [Public Notice 5807] Advisory Committee on Democracy Promotion

(ACDP)Meeting Notice; Notice of Partially Closed Meeting A meeting of the Advisory Committee on Democracy Promotion will be held on Monday, June 18, 2007 in Room 1107, U.S. Department of State, 2201 C Street, NW., Washington, DC. The meeting will be open to the public from 1:30 p.m.-3:15 p.m. up to the capacity of the meeting room. The Committee members will discuss various issues relating to strategies to promote democratic governance. Pursuant to section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. app 2 10(d) and 5 U.S.C. 552b(c)(6), it has been determined that the meeting will be closed to the public from 3:30 p.m. to 4:30 p.m. because the Committee will be discussing sensitive information about the personal situation of human rights dissidents, disclosure of which would likely jeopardize the safety and welfare of these individuals and constitute a clearly unwarranted invasion of their personal privacy. Entry to the main State Department building is controlled and will require advance arrangements. Members of the public wishing to attend this meeting should, by Thursday, June 14, 2007, notify Karen Chen in the Bureau of Democracy, Human Rights and Labor— *telephone:* 202-647-4648—of their name, date of birth, valid government-issued ID number (see below), citizenship, and professional affiliation, including address and telephone number, in order to arrange admittance. This includes admittance for government employees as well as others. All attendees must use the “C” Street entrance of the Department, after being screened through the exterior screening facilities, and arrive by 1 p.m. One of the following valid IDs will be required for admittance: Any U.S. driver's license with photo, a passport, or a U.S. Government agency ID. Because an escort is required at all times, attendees should expect to remain in the meeting throughout the open portion. For more information, contact Paul Lettow, Senior Advisor to the Under Secretary for Democracy and Global Affairs, Department of State, Washington, DC 20520, *telephone:*

(202)647-1189. Dated: May 25, 2007. Barry F. Lowenkron, Assistant Secretary of the Bureau of Democracy, Human Rights and Labor, Department of State. [FR Doc. 07-2862 Filed 6-7-07; 8:45 am]

Connectionstraces to 11

Traces to 11 documents

U.S. Code