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Code · REGISTER · 2007-12-10 · SECURITIES AND EXCHANGE COMMISSION · Notices

Notices. Proposed New Routine Use for Existing Systems of Records

6,651 words·~30 min read·/register/2007/12/10/07-5988

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BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56889; File No. SR-BSE-2007-49] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change and Amendment No. 1 Thereto Relating to Position and Exercise Limits December 3, 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 November 9, 2007, the Boston Stock Exchange, Inc.
(“BSE” 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 BSE. On November 20, 2007, BSE submitted Amendment No. 1 to the proposed rule change. The Exchange has filed the proposal pursuant to section 19(b)(3)(A) of the Act 3 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). 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 to eliminate position and exercise limits for options on the Russell 2000 Index (“RUT”), to increase the standard position and exercise limits for options on the Russell 2000 Growth Index (“IWO”), and to specify that reduced-value options on broad-based security indices for which full-value options have no position and exercise limits will similarly have no position and exercise limits.
The text of the proposed rule change is available at BSE, the Commission's Public Reference Room, and *http://www.bostonstock.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, BSE 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.
BSE 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 changes to section 5 (Position Limits for Broad-Based Index Options) and section 7 (Exemptions from Position Limits) of Chapter XIV of the Boston Options Exchange (“BOX”) Trading Rules. The purpose of the proposed changes is to eliminate position and exercise limits for options on RUT, a broad-based securities index that is multiply-listed and heavily traded, 5 to increase the standard position and exercise limits for options on IWO, 6 and to amend Section 5 of Chapter XIV of the BOX Trading Rules to specify that reduced-value options on broad-based security indices for which full-value options have no position and exercise limits will similarly have no position and exercise limits. 5 The current position and exercise limits under Chapter XIV, Sections 5 and 7, respectively, of the BOX Trading Rules for RUT options are 25,000 contracts. 6 The current position and exercise limits under Chapter XIV, Sections 5 and 7, respectively, of the BOX Trading Rules for IWO options are 25,000 contracts.
Currently, the Full Size Nasdaq 100 Index Options (“NDX”) has no position limits for option contracts overlying NDX. In this regard, the Exchange proposes to eliminate position limits on the Mini Nasdaq 100 Index Options (“MNX”). Eliminate Position and Exercise Limits for RUT Options The Exchange believes that the circumstances and considerations relied upon in approving the elimination of position and exercise limits for other heavily traded broad-based index options ( *e.g.* , options on NDX) equally apply to the current proposal relating to RUT position and exercise limits. 7 7 *See* Securities Exchange Act Release No. 54397 (August 31, 2006), 71 FR 53142 (September 8, 2006) (SR-BSE-2005-11) (“NDX/MNX Approval Order”).
In approving the elimination of position limits for NDX options, the Commission considered the capitalization of this index and the deep and liquid markets for the securities underlying the index significantly reduced concerns of market manipulation or disruption in the underlying markets. The Commission also noted the active trading volume for options on the index. The Exchange believes that RUT shares these factors in common with NDX. As of July 31, 2007, the approximate market capitalization of NDX was $2.28 trillion, the average daily trading volume (“ADTV”) for the components of NDX was 572 million, and the ADTV for options on NDX was 64,003 contracts per day.
The Exchange believes RUT has very comparable characteristics. The market capitalization for RUT is $1.73 trillion dollars, the ADTV for the underlying securities is 535 million shares, and the ADTV for the option is 79,000 contracts. In approving the elimination of position and exercise limits for NDX, the Commission also noted the financial requirements imposed by both the Exchange and the Commission serve to address any concerns that an Exchange Participant or its customer(s) may try to maintain an inordinately large unhedged position in options on NDX.
The Exchange notes that these financial requirements also apply to RUT options. Under Exchange rules, the Exchange also has the authority to impose additional margin upon accounts maintaining underhedged positions, and is further able to monitor account to determine when such action is warranted. As noted in the Exchange's rules, the clearing firm carrying such an account would be subject to capital charges under Rule 15c3-1 under the Act 8 to the extent of any resulting margin deficiency. 9 8 17 CFR 240.15c3-1. 9 *See* Chapter XIV, Section 7(a)(14) of the BOX Trading Rules.
In approving the elimination of position and exercise limits for NDX, the Commission relied heavily on the Exchange's ability to provide surveillance and reporting safeguards to detect and deter trading abuses arising from the elimination of position and exercise limits in options on the index. The Exchange represents that it monitors the trading in RUT options in the same manner as trading in NDX options and that the current BOX surveillance procedures are adequate to continue monitoring RUT options.
In addition, the Exchange intends to impose a reporting requirement on Exchange Participants who trade RUT or NDX options. This reporting requirement will require Participants who maintain in excess of 100,000 RUT option contracts on the same side of the market, for their own accounts or for the account of customers, to report information as to whether the positions are hedged and provide documentation as to how such contracts are hedged, in a manner and form required by the Exchange.
The Exchange may also specify other reporting requirements, as well as the limit at which the reporting requirement may be triggered. The Exchange believes that eliminating position and exercise limits for RUT options is consistent with rules relating to similar broad-based indices and also allows Exchange Participants and their customers greater hedging and investment opportunities. Elimination of Position Limits for Reduced-Value Options on Broad-Based-Indices for Which There Are No Position and Exercise Limits for Full-Value Options The Exchange lists and trades reduced-value options on broad-based indices for which the Exchange also lists and trades full-value options ( *e.g.* , MNX Options).
When the Exchange received approval to list and trade MNX options, the proscribed position and exercise limits were equivalent to the reduced-value contract factor ( *e.g.* , 10) multiplied by the applicable position and exercise limits for the full-value options on the same broad-based index on other exchanges. 10 For example, when the Exchange received approval to list and trade NDX and MNX options, 11 the position and exercise limits for MNX (1/10th NDX value) options were 750,000 contracts, which was equal to the applicable factor
(10)multiplied by the original position limit for NDX options (75,000 contracts) on other exchanges. However, since position and exercise limits do not apply for NDX, 12 the Exchange now proposes to eliminate position and exercise limits for MNX. The Exchange further proposes to amend section 5 of Chapter XIV of the BOX Trading Rules to state that reduced-value options on broad-based security indices for which full-value options have no position and exercise limits, will similarly have no position and exercise limits. 10 *See* NDX/MNX Approval Order, *supra* note 7. 11 *Id.* 12 *Id.* In addition, because position and exercise limits for reduced-value options are aggregated with full-value options for purposes of determining compliance with position and exercise limits, the Exchange proposes amending section 7, Subsection 13 of Chapter XIV of the BOX Trading Rules to reflect that such aggregation will apply when calculating reporting requirements ( *e.g.* , 10 MNX options equal 1 NDX full-value contract). Further, the Exchange proposes to delete rule text from Section 7(a)(5) of Chapter XIV of the BOX Trading Rules because, pursuant to this proposed rule change, there is no longer a need for an exemption from position limits for MNX options. Increase Position and Exercise Limits for IWO Options The Exchange believes that increasing position and exercise limits for IWO options is consistent with Exchange rules relating to similar broad-based indices. According to Chapter XIV, Section 5 of the BOX Trading Rules, the position limit for a broad-based index option shall be 25,000 contracts on the same side of the market unless specified otherwise. The proposed change will increase these limits for IWO to 50,000 contracts, with no more than 30,000 near-term. Such a change will allow Exchange Participants and their customers greater hedging and investment opportunities. In addition, an increase in the position and exercise limits for IWO creates uniformity with such limits for IWO on other exchanges 13 and is necessary to eliminate any confusion among members of multiple exchanges regarding which position and exercise limits apply to them. 13 *See, e.g.* , International Securities Exchange Rule 2004(a); Chicago Board Options Exchange Rule 24.4(a); and American Stock Exchange Rule 904C. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with section 6(b) of the Act, 14 in general, and furthers the objectives of section 6(b)(5) of the Act, 15 in particular, because it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling and processing information with respect to, and facilitating transactions in securities, 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. Further, the Exchange notes that this proposed rule change is similar to proposals filed by the American Stock Exchange LLC (“Amex”) and the Chicago Board Options Exchange, Incorporated (“CBOE”) that were recently approved by the Commission. 16 14 15 U.S.C. 78f(b). 15 15 U.S.C. 78f(b)(5). 16 *See* Securities Exchange Act Release Nos. 56351 (September 4, 2007), 72 FR 51875 (September 11, 2007) (SR-Amex-2007-81); and 56350 (September 4, 2007), 72 FR 51878 (September 11, 2007) (SR-CBOE-2007-79). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange 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 has neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the forgoing rule change does not:
(1)Significantly affect the protection of investors or the public interest;
(2)impose any significant burden on competition; and
(3)become operative for 30 days after the date of this filing, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 17 and Rule 19b-4(f)(6) thereunder. 18 17 15 U.S.C. 78s(b)(3)(A). 18 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. 19 However, Rule 19b-4(f)(6)(iii) 20 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 requested that the Commission waive the 30-day operative delay. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because such waiver will allow BSE members and their customers greater hedging and investment opportunities in RUT and IWO options without further delay. The Commission notes that it recently approved similar proposals filed by CBOE and Amex to eliminate position and exercise limits for RUT options. 21 Moreover, the Commission previously approved position and exercise limits of 50,000 contracts, with no more than 30,000 contracts near-term, for IWO options on other exchanges. 22 The Commission believes that BSE's proposal to eliminate position and exercise limits for RUT options and to increase position and exercise limits for IWO options raises no new issues. For these reasons, the Commission designates the proposed rule change to be operative upon filing with the Commission. 23 19 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)(iii) requires that a self-regulatory organization submit to the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has requested the Commission to waive this five-day pre-filing notice requirement. The Commission hereby grants this request. 20 *Id.* 21 *See supra* note 16. 22 *See supra* note 13. 23 For the purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of such 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. 24 24 15 U.S.C. 78s(b)(3)(C). For purposes of calculating the 60-day period within which the Commission may summarily abrogate the proposal, the Commission considers the period to commence on November 20, 2007, the date on which the Exchange submitted Amendment No. 1. 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-BSE-2007-49 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-BSE-2007-49. 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, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of BSE. 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-BSE-2007-49 and should be submitted on or before December 31, 2007. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 25 25 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-23816 Filed 12-7-07; 8:45 am] BILLING CODE 8011-01-P SOCIAL SECURITY ADMINISTRATION Privacy Act of 1974, as Amended; Alteration to Existing Systems of Records AGENCY: Social Security Administration (SSA). ACTION: Proposed New Routine Use for Existing Systems of Records. SUMMARY: As mandated by the Office of Management and Budget
(OMB)in Memorandum M-07-16, recommended by the President's Identity Theft Task Force, and in accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (11)), we are issuing public notice of our intent to establish a new routine use disclosure applicable to SSA's systems of records listed below under section I of the Supplementary Information section. The proposed routine use specifically permits the disclosure of SSA information in connection with response and remediation efforts in the event of an unintentional release of Agency information, otherwise known as a “data security breach.” Such a routine use would serve to protect the interests of the people whose information is at risk by allowing us to take appropriate steps to facilitate a timely and effective response to a data breach. It would also help us to improve our ability to prevent, minimize, or remedy any harm that may result from a compromise of data maintained in our systems of records. We invite public comment on this proposal. DATES: We filed a report of the proposed new routine use disclosure with the Chairman of the Senate Committee on Homeland Security and Governmental Affairs, the Chairman of the House Committee on Oversight and Government Reform, and the Director, Office of Information and Regulatory Affairs, Office of Management and Budget
(OMB)on November 19, 2007. The proposed routine use will become effective on December 24, 2007, unless we receive comments warranting it not to become effective. ADDRESSES: Interested individuals may comment on this publication by writing to the Executive Director, Office of Public Disclosure, Office of the General Counsel, Social Security Administration, Room 3-A-6 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401. All comments received will be available for public inspection at the above address. FOR FURTHER INFORMATION CONTACT: Ms. Margo Wagner, Social Insurance Specialist, Disclosure Policy Development and Services Division 2, Office of Public Disclosure, Office of the General Counsel, Social Security Administration, Room 3-A-6 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, telephone:
(410)965-1482, e-mail: *margo.wagner@ssa.gov* or Mr. Neil Etter, Social Insurance Specialist, Disclosure Policy Development and Services Division 1, Office of Public Disclosure, Office of the General Counsel, Social Security Administration, Room 3-A-6 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, telephone:
(410)965-8028, e-mail: *neil.etter@ssa.gov.* SUPPLEMENTARY INFORMATION: I. Discussion of the Proposed New Routine Use OMB has mandated and the President's Identity Theft Task Force recommended that Federal agencies develop and publish a routine use for appropriate systems of records that allows for the disclosure of information in connection with the response and remedial efforts in the event of a data breach. Subsection (b)(3) of the Privacy Act provides that information from an agency's system of records may be disclosed without a subject individual's consent if the disclosure is “for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section.” 5 U.S.C. 552a(b)(3). Subsection (a)(7) of the Act states that “the term `routine use' means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected.” 5 U.S.C. 552a(a)(7). Providing information to help respond to and remediate a breach of Federal data qualifies as a necessary and proper use of information. Such a use is in the best interest of both the individual whose record is at issue and the public. The Privacy Act requires that agencies publish notification in the **Federal Register** of “each routine use of the records contained in the system, including the categories of users and the purpose of such use.” 5 U.S.C. 552a(e)(4)(D). Based on OMB's recommended language, we have developed the following routine use that we will apply to nearly all of our Privacy Act systems of records, 1 and that will allow for disclosure to appropriate agencies, entities, and persons under the following circumstances: 1 Our Privacy Act systems of records that contain data protected under the Internal Revenue Code
(IRC)will not contain this routine use as the IRC does not contain a provision that permits disclosure for this purpose. We may disclose information to appropriate Federal, State, and local agencies, entities, and persons when
(1)we suspect or confirm that the security or confidentiality of information in this system of records has been compromised;
(2)we determine that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs of SSA that rely upon the compromised information; and
(3)we determine that disclosing the information to such agencies, entities, and persons is necessary to assist in our efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. SSA will use this routine use to respond only to those incidents involving an unintentional release of its records. In nearly all cases, we will immediately notify affected individuals before informing any other entity. In the rare event that law enforcement needs require us to delay consumer notification, this delay will be limited to the minimum amount of time needed. Timely notification allows individuals the opportunity to minimize or prevent the occurrence of harm. SSA will establish a new routine use to be included in the following systems of records: System No. and name New routine use Federal Register publication date/citation No. 60-0001—Assignment and Correspondence Tracking Act
(ACT)No. 7 71 FR 1800, 01/11/06. 60-0002—Optical System for Correspondence Analysis and Response No. 8 71 FR 1802, 01/11/06. 60-0003—Attorney Fee File No. 9 71 FR 1803, 01/11/06. 60-0004—Working File of the Appeals Council No. 6 70 FR 60383, 10/17/05. 60-0005—Administrative Law Judge Working File on Claimant Cases No. 8 70 FR 60383, 10/17/05. 60-0006—Storage of Hearing Records: Tape Cassettes and Audiograph Discs No. 8 71 FR 1805, 01/11/06. 60-0009—Hearings and Appeals Case Control System No. 4 65 FR 46997, 08/01/00. 60-0010—Hearing Office Tracking System of Claimant Cases No. 6 71 FR 1806, 01/11/06. 60-0012—Listing and Alphabetical Name File (Folder) of Vocational Experts, Medical Experts, and Other Health Care/Non-Health Care Professionals Experts (Medicare) No. 7 71 FR 1807, 01/11/06. 60-0013—Records of Usage of Medical Experts, Vocational Experts, and Other Health Care/Non-Health Care Professionals Experts (Medicare) No.7 71 FR 1809, 01/11/06. 60-0014—Curriculum Vitae and Professional Qualifications of Medical Advisors, and Resumes of Vocational Experts No. 8 59 FR 46439, 09/08/94. 60-0038—Employee Building Pass Files No. 7 59 FR 46439, 09/08/94. 60-0040—Quality Review System No. 14 65 FR 46997, 08/01/00. 60-0042—Quality Review Case Files No. 14 65 FR 46997, 08/01/00. 60-0044—National Disability Determination Services No. 11 71 FR 11810, 01/11/06. 60-0045—Black Lung Payment System No. 14 68 FR 15784, 04/01/03. 60-0046—Disability Determination Service Consultant's File No. 7 71 FR 1812, 01/11/06. 60-0050—Completed Determination Record—Continuing Disability Determinations No. 10 71 FR 1814, 01/11/06. 60-0057—Quality Evaluation Data Records No. 6 65 FR 46997, 08/01/00. 60-0058—Master Files of Social Security Number Holders and SSN Applications No. 42 71 FR 1818, 01/11/06. 60-0063—Resource Accounting System No. 6 59 FR 46439, 09/08/94. 60-0077—Congressional Inquiry File No. 7 71 FR 1823, 01/11/06. 60-0078—Public Inquiry Correspondence File No. 8 71 FR 1825, 01/11/06. 60-0089—Claims Folders System No. 36 71 FR 1829, 01/11/06. 60-0090—Master Beneficiary Record No. 38 71 FR 1829, 01/11/06. 60-0094—Recovery of Overpayments, Accounting and Reporting No. 9 70 FR 49354, 08/23/05. 60-0103—Supplemental Security Income Record No. 37 71 FR 1829, 01/11/06. 60-0118—Non-Contributory Military Service Reimbursement System No. 6 71 FR 18334, 01/11/06. 60-0159—Continuous Work History Sample (Statistics) No. 5 65 FR 46997, 08/01/00. 60-0186—SSA Litigation Tracking System New Routine Use No. No. 6 70 FR 60383, 10/17/05. 60-0196—Disability Studies, Surveys, Records and Extracts (Statistics) No. 4 65 FR 46997, 08/01/00. 60-0199—Extramural Surveys (Statistics) No. 4 71 FR 1835, 01/11/06. 60-0200—Retirement and Survivors Studies, Surveys, Records and Extracts (Statistics) No. 4 65 FR 46997, 08/01/00. 60-0202—Old Age, Survivors and Disability Beneficiary and Worker Records and Extracts (Statistics) No. 5 69 FR 11693, 03/11/04. 60-0203—Supplemental Security Income Studies, Surveys, Records and Extracts (Statistics) No. 5 65 FR 46997, 08/01/00. 60-0210—Record of Individuals Authorized Entry to Secured Automated Data Processing Area No. 7 59 FR 46439, 09/08/94. 60-0211—Beneficiary, Family and Household Surveys, Records and Extracts System (Statistics) No. 5 69 FR 11693, 03/11/04. 60-0213—Quality Review of Hearing/Appellate Process No. 7 65 FR 46997, 08/01/00. 60-0214—Personal Identification Number File (PINFile) No. 5 59 FR 46441, 09/08/94. 60-0218—Disability Insurance and Supplemental Security Income Demonstration Projects and Experiments System No. 7 71 FR 1837, 01/11/06. 60-0219—Representative Disqualification/Suspension Information System No. 8 71 FR 1839, 01/11/06. 60-0220—Kentucky Birth Records System No. 5 59 FR 46439, 09/08/94. 60-0221—Vocational Rehabilitation Reimbursement Case Processing System No. 10 71 FR 1841, 01/11/06. 60-0222—Master Representative Payee File No. 18 71 FR 5399, 02/01/06. 60-0224—SSA-Initiated Personal Earnings and Benefit Estimate Statement (SIPEBES) History File No. 7 59 FR 54004, 10/27/94. 60-0225—SSA Initiated Personal Earnings and Benefit Estimate Statement Address System for Certain Territories No. 6 59 FR 54004, 10/27/94. 60-0228—Safety Management Information System (SSA Accident, Injury and Illness Reporting System) No. 7 71 FR 1844, 01/11/06. 60-0230—Social Security Administration Parking Management Record System No. 5 71 FR 1846, 01/11/06. 60-0231—Financial Transactions of SSA Accounting and Finance Offices No. 19 71 FR 1847, 01/11/06. 60-0232—Central Registry of Individuals Doing Business With SSA (Vendor File) No. 11 71 FR 1849, 01/11/06. 60-0234—Employee Assistance Program
(EAP)Records No. 7 71 FR 1850, 01/11/06. 60-0236—Employee Development Program Records No. 13 71 FR 1853, 01/11/06. 60-0237—Employees' Medical Records No. 8 71 FR 1854, 01/11/06. 60-0238—Pay, Leave and Attendance Records No. 25 71 FR 1856, 01/11/06. 60-0239—Personnel Records in Operating Offices No. 17 71 FR 1859, 01/11/06. 60-0241—Employee Suggestion Program Records New Routine Uses No. 6 71 FR 1861, 01/11/06. 60-0244—Administrative Grievances Filed Under Part 771 of 5 CFR No. 19 71 FR 1862, 01/11/06. 60-0245—Negotiated Grievance Procedure Records No. 21 71 FR 1864, 01/11/06. 60-0250—Equal Employment Opportunity
(EEO)Counselor and Investigator Personnel Records No. 13 71 FR 1866, 01/11/06. 60-0255—Plans for Achieving Self-Support
(PASS)Management Information System No. 19 71 FR 1867, 01/11/06. 60-0259—Claims Under the Federal Tort Claims Act and Military Personnel and Civilian Employees' Claim Act No. 8 71 FR 1869, 01/11/06. 60-0262—Attorney Applicant Files No. 7 71 FR 1871, 01/11/06. 60-0268—Medicare Part B Buy-In Information System No. 9 64 FR 10173, 03/02/99. 60-0269—Prisoner Update Processing System
(PUPS)No. 12 64 FR 11076, 03/08/99. 60-0270—Records of Individuals Authorized Entry into Secured Areas by Digital Lock Systems, Electronic Key Card Systems or Other Electronic Access Devices No. 5 65 FR 77953, 12/13/00. 60-0273—Social Security Title VIII Special Veterans Benefits Claims Development and Management Information System No. 15 65 FR 13803, 03/14/00. 60-0274—Litigation Docket and Tracking System No. 11 71 FR 1872, 01/11/06. 60-0275—Civil Rights Complaints Filed by Members of the Public No. 9 71 FR 1874, 01/11/06. 60-0276—Social Security Administration's (SSA's) Talking and Listening to Customers
(TLC)No. 6 65 FR 48272, 08/07/00. 60-0279—Social Security Administration's (SSA's) Mandate Against Red Tape (SMART) No. 7 65 FR 49047, 08/10/00. 60-0280—SSA Administrative Sanctions No. 6 65 FR 54595, 09/08/00. 60-0290—Social Security Administration's Customer PIN/Password
(PPW)Master File System No. 7 71 FR 1874, 01/11/06. 60-0295—Ticket-to-Work and Self-Sufficiency Program Payment Database No. 8 66 FR 17985, 04/04/01. 60-0300—Ticket-to-Work Program Manager
(PM)Management Information System No. 8 66 FR 32656, 06/15/01. 60-0305—SSA Mass Transportation Subsidy Program System No. 12 67 FR 44658, 07/03/02. 60-0310—Medicare Savings Programs Information System No. 8 69 FR 17019, 03/31/04. 60-0315—Reasonable Accommodation for Persons with Disabilities
(RAPD)No. 11 70 FR 62157, 10/28/05. 60-0318—Representative Payee/Misuse Restitution Control System (RP/MRCS) No. 8 70 FR 12774, 3/15/05. 60-0320—Electronic Disability Claim File
(eDib)No. 31 68 FR 71210, 12/22/03. 60-0321—Medicare Part D and Part D Subsidy File No. 17 69 FR 77816, 12/28/04. 60-0328—National Docketing Management Information System (NDMIS) No. 16 70 FR 34515, 06/14/05. 60-0330—eWork No. 10 68 FR 54037, 09/15/03. 60-0340—eFOIA No. 11 70 FR 3571, 01/25/03. 60-0350—Visitor Intake Process/Customer Service Record (VIP/CSR) System No. 9 70 FR 59795, 10/13/05. 60-0355—The Non-Attorney Representative Prerequisites Process File (NARPPF) No. 11 69 FR 77823, 12/28/04. 60-0361—Identity Management System
(IDMS)No. 15 71 FR 213, 11/03/06. 60-0370—The Representative Payee and Beneficiary Survey Data System No. 6 71 FR 16399, 3/31/06. We are not republishing in their entirety the notices of the systems of records to which we are adding the proposed new routine use disclosures. Instead, we are republishing only the identification number, the name of the system of record, the number of the new routine use and the issue of the **Federal Register** in which the system notice was last published, including the publication date and page number. II. Compatibility of Proposed Routine Use As mandated by OMB, as recommended by the President's Identity Theft Task Force, and in accordance with the Privacy Act (5 U.S.C. 552a(a)(7) and (b)(3)) and our disclosure regulation (20 CFR part 401), we are permitted to release information under a published routine use for a purpose that is compatible with the purpose for which we collected the information. Section 401.120 of our regulations provides that we will disclose information required by law. Since OMB has mandated the publication of this routine use, the proposed routine use is appropriate and meets the relevant statutory and regulatory criteria. In addition, disclosures to other agencies, entities and persons when needed to respond to an unintentional release are compatible with the reasons we collect the information, as helping to prevent and minimize the potential for harm is consistent with taking appropriate steps to protect information entrusted to us. See 5 U.S.C. 552a(e)(10). III. Effect of the Proposed Routine Use Disclosure on the Rights of Individuals The proposed routine use would serve to protect the interests of the people whose information is at risk. We would achieve this protection by taking appropriate steps to facilitate a timely and effective response to a security breach of our data, thereby improving our ability to prevent, minimize, or remedy any harm that may result from a compromise of data maintained in our systems of records. We do not anticipate that the proposed new routine use will have any unwarranted adverse effect on the rights of individuals about whom data will be disclosed. Dated: November 13, 2007. Michael J. Astrue, Commissioner. [FR Doc. E7-23875 Filed 12-7-07; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF STATE [Public Notice 6011] Exchange Visitor Program—Au Pair Requirements ACTION: Notice with request for comments. DATES: The Department will accept comments from the public up to 60 days from date of publication in the **Federal Register** . ADDRESSES: You may submit comments by any of the following methods: • Persons with access to the Internet may view this notice and provide comments by going to the regulations.gov Web site at: *http://www.regulations.gov/index.cfm.* • *Mail (paper, disk, or CD-ROM submissions):* U.S. Department of State, Office of Exchange Coordination and Designation, SA-44, 301 4th Street, SW., Room 734, Washington, DC 20547 • *E-mail:* *jexchanges@state.gov.* You must include the Public Notice number in the subject line of your message. FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Director, Office of Exchange Coordination and Designation, U.S. Department of State, SA-44, 301 4th Street, SW., Room 734, Washington, DC 20547; 202-203-5096 or e-mail at *jexchanges@state.gov.* SUMMARY: As a component of its Public Diplomacy and people to people exchanges, the Department of State oversees the Au pair Program whereby foreign nationals are afforded the opportunity to live with an American host family and participate directly in the home life of the host family. All au pair participants provide child care services to the host family and attend a U.S. post-secondary educational institution. Au pair participants provide up to forty-five hours of child care services per week and pursue not less than six semester hours of academic credit or its equivalent during their year of program participation. Some au pairs participate in the EduCare program. These au pairs provide up to thirty hours of child care services per week and pursue not less than twelve semester hours of academic credit or its equivalent during their year of program participation. Approximately 15,000 foreign nationals begin participation in this program each year. In February 2004, the Department announced a pilot program whereby Department designated au pair sponsors could request the extension of program participation beyond the original 12-month maximum period afforded au pair participants. In June of 2006, following a review of the two-year pilot program, the Department amended program regulations to permit designated sponsors to submit requests to the Department for consideration of program extensions for six, nine or 12 month durations for first-year au pair participants beyond the maximum duration of participation allowed under the existing regulations. As the au pair program enters its twentieth year of operation, the Department has been asked to consider amending the age eligibility requirement for au pair participants by increasing the age limitation from 26 to 30. Further, the Department has been asked to consider permitting foreign nationals who previously participated in the au pair program to repeat program participation. The Department hereby solicits comments from the general public and other interested parties regarding these two issues. This certification will be published in the **Federal Register** . Dated: November 26, 2007. Stanley S. Colvin, Director, Office of Exchange Coordination and Designation, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. E7-23883 Filed 12-7-07; 8:45 am] BILLING CODE 4710-05-P TENNESSEE VALLEY AUTHORITY Paperwork Reduction Act of 1995, as Amended by Pubic Law 104-13; Proposed Collection; Comment Request AGENCY: Tennessee Valley Authority. ACTION: Proposed Collection; comment request. SUMMARY: The proposed information collection described below will be submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). The Tennessee Valley Authority is soliciting public comments on this proposed collection as provided by 5 CFR 1320.8(d)(1). Requests for information, including copies of the information collection proposed and supporting documentation should be directed to the Agency Clearance Officer: Alice D. Witt, Tennessee Valley Authority, 1101 Market Street (EB-5B), Chattanooga, TN 37402-2801;
(423)751-6832. (SC: 0003D1Z) Comments should be sent to the Agency Clearance Officer no later than *February 8, 2008.* SUPPLEMENTARY INFORMATION: *Type of Request:* Regular submission; proposal for a reinstatement of a previously approved collection (OMB control number 3316-0009). *Title of Information Collection:* Salary Surveys for Engineering Association
(EA)and Law Enforcement Employee Association
(LEEA)Bargaining Unit Employees. *Frequency of Use:* Annually. *Type of Affected Public:* State or local governments, Federal agencies, non-profit institutions, businesses, or other for-profit. *Small Businesses or Organizations Affected:* EA: 45; LEEA: 30. *Federal Budget Functional Category Code:* 999. *Estimated Number of Annual Responses:* EA: 30; LEEA: 20. *Estimated Total Annual Burden Hours:* EA: 120; LEEA: 60. *Estimated Average Burden Hours Per Response:* EA: 4; LEEA: 3. *Need For and Use of Information:* TVA conducts an annual salary survey for employee compensation and benefits as a basis for labor negotiations in determining prevailing rates of pay and benefits for represented salary policy employees. TVA surveys firms, and Federal, State, and local governments whose employees perform work similar to that of TVA's salary policy employees. Steven A. Anderson, Senior Manager, IT Planning & Governance, Information Services. [FR Doc. E7-23828 Filed 12-7-07; 8:45 am] BILLING CODE 8120-08-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: Hawai‘i County, HI AGENCY: Federal Highway Administration (FHWA)—Central Federal Lands Highway Division (CFLHD), DOT. ACTION: Notice of intent. SUMMARY: FHWA-CFLHD is issuing this notice to advise the public that a supplemental environmental impact statement will be prepared for a proposed highway project in Hawai‘i County, Hawai‘i. FOR FURTHER INFORMATION CONTACT: Ricardo Suarez, Division CFLHD Engineer, 12300 West Dakota Avenue, Lakewood, CO 80228 and/or Ronald F. Tsuzuki, State Department of Transportation, Highways Division, Planning Branch, 869 Punchbowl Street, Honolulu, HI 96813. SUPPLEMENTARY INFORMATION: The FHWA, in consultation with the Hawaii Department of Transportation (HDOT), will prepare a supplemental environmental impact statement
(SEIS)for an ongoing project to improve and realign the Saddle Road (State Highway 200), an existing highway in Hawai‘i County, Hawai‘i. The purpose of the project is to provide a safe and efficient route for access to land uses along Saddle Road and for cross-island traffic between East and West Hawai‘i. The ongoing and planned improvements to Saddle Road would also address five general types of needs: Roadway deficiencies, conflicts and hazards with military operations, capacity, safety, and social demand and economic development. The final environmental impact statement
(EIS)for the project was completed August 9, 1999, and the Record of Decision
(ROD)was signed on October 30, 1999. The project began construction in 2004 and approximately 30% of the project has been completed or is now under construction. In 2006, the Department of the Army
(Army)purchased a Parker Ranch property known as the Ke‘a muku parcel. This property included the area planned for the selected alternative (W-3) for western section of the Saddle Road. On September 6, 2006, the U.S. Army Garrison, Hawai‘i, requested that HDOT and FHWA consider relocating the highway about a mile southwest towards the southern boundary of Ke‘a muku. This would allow the Army to maximize its training opportunities and minimize conflict with the traveling public. This request meets one of the original purposes of the Saddle Road EIS, which was to minimize conflict between civilian and military uses in the area, and FHWA and HDOT thus have determined that it is prudent to re-examine the alternatives for the western section of the EIS. Alternatives under consideration at this time include
(1)taking no action;
(2)using the alternative for the western section of the project that was recommended in the Final EIS and selected in the ROD; and
(3)relocating this segment of the highway nearer the southern boundary of the Ke‘a muku parcel. The SEIS will also reconfirm the reasons that alternatives for the western section were dropped from consideration in the original EIS, and reconsider them, if appropriate. Because public scoping meetings for the Saddle Road Improvements project were held in Hilo, Kona and Waimea during the development of the original EIS, no additional scoping is required for an ongoing project, where an SEIS is prepared that does not involve a reassessment of the entire action. However, letters describing the proposed action and soliciting comments will be sent to appropriate Federal, State and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. Public hearings will be held in both West and East Hawai‘i. Public notice will be given of the time and place of the hearings. The draft SEIS will be available for public and agency review and comment prior to the public hearing. To ensure that the full range of issues related to this proposed action are addressed and that all significant issues are identified, comments and suggestions are invited from all interested parties. Comments or questions concerning this proposed action and the SEIS should be directed to the FHWA-CFLHD or the HDOT at the addresses provided above. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal Programs and activities apply to this program) Issued on: November 27, 2007. Ricardo Suarez, P.E., Division Engineer, CFLHD. [FR Doc. 07-5988 Filed 12-7-07; 8:45 am]
Connectionstraces to 7
4 references not yet in our index
  • 17 CFR 240.19
  • 17 CFR 240.15
  • 20 CFR 401
  • 5 CFR 1320.8(d)(1)
Citation graph
cites case law
Notices
Proposed New Routine Use for Existing Systems of Records
Cite17 CFR 240.19
Cite17 CFR 240.15
Cite20 CFR 401
Cite5 CFR 1320.8(d)(1)
Cites 11Cited by 0 across 0 sources
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