Notices. Altered System of Records and New Routine Use

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BILLING CODE 6820-AM-M SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94-409, that the Securities and Exchange Commission will hold the following meetings during the week of December 17, 2007: An Open Meeting will be held on Tuesday, December 18, 2007, at 10 a.m., in Room L-002, the Auditorium, and a Closed Meeting will be held on Thursday, December 20, 2007 at 2 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting.

Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and

(10)and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Nazareth, as duty officer, voted to consider the items listed for the closed meeting in closed session, and determined that no earlier notice of the Open Meeting was possible. The subject matter of the Open Meeting scheduled for Tuesday, December 18, 2007 will be: The Commission will consider whether to approve the 2008 budget of the Public Company Accounting Oversight Board and will consider the related annual accounting support fee for the Board under Section 109 of the Sarbanes-Oxley Act of 2002. The subject matter of the Closed Meeting scheduled for Thursday, December 20, 2007 will be: Formal orders of investigation; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Resolution of litigation claims; A matter related to an enforcement proceeding; and an Adjudicatory matter. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at

(202)551-5400. Dated: December 12, 2007. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-24447 Filed 12-14-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56931; File No. SR-OCC-2007-07] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Yield-Based Treasury Securities December 7, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 notice is hereby given that on May 24, 2007, The Options Clearing Corporation (“OCC”) 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 prepared primarily by OCC. OCC filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 2 and Rule 19b-4(f)(4) 3 thereunder so that the proposal was 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 15 U.S.C. 78q-1(b)(3)(A)(iii). 3 17 CFR 240.19b-4(f)(4). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The proposed rule change would make minor technical changes to Sections 3 and 4 of Article XVI of OCC's By-Laws pertaining to yield-based Treasury options. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A), (B), and

(C)below, of the most significant aspects of such statements. 4 4 The Commission has modified parts of these statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change The purpose of this rule change is to make minor technical changes to Sections 3 and 4 of Article XVI of OCC's By-Laws, pertaining to yield-based Treasury options. In 2004, OCC amended Sections 3 and 4 of Article XVI to conform those sections to the corresponding By-Law provisions governing index options. 5 However, OCC delayed implementing these changes until they were disclosed in a supplement to the options disclosure document, Characteristics and Risks of Standardized Options. 6 Distribution of such a supplement recently began. In connection with preparing the supplement, OCC determined that minor technical changes to Sections 3 and 4 of Article XVI were warranted in order to more precisely conform these Sections to the disclosures made in the supplement. OCC also determined to correct an erroneous cross-reference to another By-Laws provision. 5 Securities Exchange Act Release No. 50895 (December 20, 2004), 69 FR 78085 (December 29, 2004) (File No. SR-OCC-2004-11). 6 Securities Exchange Act Release No. 55702 (May 3, 2007), 72 FR 26671 (May 10, 2007) (File No. SR-ODD-2007-02). The proposed change is consistent with Section 17A of the Act because it more precisely conforms the terms of Sections 3 and 4 of Article XVI to disclosures made in a supplement to the options disclosure document, thereby increasing the protection of investors and promoting the prompt and accurate clearance and settlement of yield-based Treasury options. The proposed rule change is not inconsistent with the existing rules of OCC, including any other rules proposed to be amended. B. Self-Regulatory Organization's Statement on Burden on Competition OCC does not believe that the proposed rule change would impose any burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were not and are not intended to be solicited with respect to the proposed rule change, and none have been received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act 7 and Rule 19b-4(f)(4) 8 promulgated thereunder because the proposal effects a change in an existing service of OCC that

(A)does not adversely affect the safeguarding of securities or funds in the custody or control of OCC or for which it is responsible and

(B)does not significantly affect the respective rights or obligations of OCC or persons using the service. At any time within sixty days of the filing of the proposed rule change, the Commission could have summarily abrogated such rule change if it appeared to the Commission that such action was necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 7 15 U.S.C. 78s(b)(3)(A)(iii). 8 17 CFR 240.19b-4(f)(4). 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-OCC-2007-07 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-OCC-2007-07. 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 such filing also will be available for inspection and copying at the principal office of OCC. 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-OCC-2007-07 and should be submitted on or before January 7, 2008. For the Commission by the Division of Trading and Markets, pursuant to delegated authority. 9 9 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-24308 Filed 12-14-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56937; File No. SR-CBOE-2007-127] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Amendment No. 1 Thereto Relating to Cancellation Fees December 10, 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 1, 2007, the Chicago Board Options Exchange, Incorporated (the “CBOE” or the “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 CBOE. On November 30, 2007, CBOE filed Amendment No. 1 to the proposed rule change. The CBOE has filed the proposed rule change as one establishing or changing a due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice, as amended, 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)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The CBOE proposes to

(i)reduce the book execution fee in classes trading on the “Hybrid 3.0 Platform”, and

(ii)amend its Order Routing System (“ORS”) order cancellation fee. The text of the proposed rule change is available at CBOE, the Commission's Public Reference Room, and *http://www.cboe.org/legal.* 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 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 The Exchange proposes to implement the following fee changes on November 1, 2007. Hybrid 3.0 Book Execution Fee On June 7, 2007, the Commission approved the Exchange's “Hybrid 3.0” trading platform. 5 The remaining non-Hybrid classes trading on the Exchange have moved to the Hybrid 3.0 platform. 6 The new Hybrid 3.0 classes no longer utilize the services of an Exchange Order Book Official (“OBO”) 7 . Pursuant to Section 7 of the CBOE Fees Schedule, the Exchange assessed per contract fees on orders in non-Hybrid index option classes resting in the electronic book that were executed on the floor by the OBO (“OBO Execution Fees”). These OBO Execution Fees are $.25 per contract excluding market orders and certain limit orders entered prior to the opening rotation, and $.10 per contract for accommodation liquidations (cabinet trades). 8 5 *See* Securities Exchange Act Release No. 55874 (June 7, 2007), 72 FR 32688 (June 13, 2007). 6 The classes that trade on the Hybrid 3.0 platform are options on the S&P 100 Index (“OEX”), options on the S&P 500 Index (“SPX”) and options on the Morgan Stanley Retail Index (“MVR”). 7 An “Order Book Official” is defined in CBOE Rule 7.1 as an Exchange employee designated pursuant to CBOE Rule 7.3 who is responsible for

(i)maintaining the book with respect to the classes of options assigned to him;

(ii)effecting proper executions of orders placed with him;

(iii)displaying bids and offers pursuant to CBOE Rule 7.7 of these Rules; and

(iv)monitoring the market for the classes of options assigned to him. 8 An “accommodation” or “cabinet” trade refers to trades in listed options on the Exchange that are worthless or not actively traded. Cabinet trading is conducted in accordance with CBOE Rule 6.54. The Exchange proposes to reduce the $.25 per contract fee to $.18 per contract, rename the fee “Hybrid 3.0 Book Execution Fee”, and eliminate the $.10 per contract fee for accommodation liquidations. The fee would apply to book executions in Hybrid 3.0 classes (currently, OEX, SPX and MVR). Specifically, orders in Hybrid 3.0 classes resting in the electronic book that are executed would be assessed a fee of $.18 per contract. This fee would not apply to orders in SPX options resting in the SPX electronic book that are executed during opening rotation on the final settlement date of CBOE Volatility Index (“VIX”) options and futures, as orders entered to participate in such opening rotation help to facilitate the calculation of a settlement price for VIX options and futures. 9 9 The opening rotation procedures in options series used to calculate the final settlement price of volatility indexes are described in CBOE Rule 6.2B.01. The Hybrid 3.0 book execution system has helped to improve execution time as well as service and efficiency. The Hybrid 3.0 Book Execution Fee is designed to help the Exchange recover its costs of developing the system and offset the cost of maintaining and enhancing the system in the future. ORS Order Cancellation Fee CBOE currently assesses an executing clearing member $1.50 for each cancelled public customer ORS order in excess of the number of public customer orders that the executing clearing member executes in a month for itself or for a correspondent firm. The purpose of the fee is to ease order backlogs on ORS and related systems. The fee is not charged if less than 500 public customer orders are cancelled in a month by the executing clearing member for itself or for a correspondent firm. The Exchange aggregates and counts as one executed order for purposes of the fee all public customer options orders from the same executing clearing member for itself or for a correspondent firm that are executed in the same series on the same side of the market at the same price within a 30 second period. The following ORS order activity is exempt from the fee:

(i)Cancelled ORS orders that improve the Exchange's prevailing bid-offer

(BBO)market when received; and

(ii)fill and cancellation activity occurring within the first one minute of trading following the opening of each option class. The Exchange proposes to amend the fee by additionally exempting the following activity:

(i)Complex order 10 fills and cancels;

(ii)unfilled Fill-or-Kill (“FOK”) orders 11 , and

(iii)unfilled Immediate-or-Cancel (“IOC”) orders. 12 Because this activity does not contribute excessively to system congestion the Exchange believes it is appropriate to exclude this activity from the calculation of the fee. 10 “Complex Order” is defined in CBOE Rule 6.53C(a). 11 “Fill-or-Kill” order is defined in CBOE Rule 6.53(j) as an order which is to be executed in its entirety as soon as it is represented in the trading crowd, and such order, if not so executed, is to be treated as cancelled. 12 “Immediate-or-Cancel” order is defined in CBOE Rule 6.53(k) as a market or limit order which is to be executed in whole or in part as soon as such order is represented in the trading crowd. Any portion not so executed is to be treated as cancelled. Additionally, the Exchange proposes to exempt from the fee fill and cancellation activity in Mini-SPX Index Options (XSP). CBOE intends to undertake a marketing re-launch of the XSP product due in part to the inclusion of XSP options in the expanded penny pilot program recently approved by the Commission. 13 In conjunction with the marketing re-launch, CBOE has determined to exclude activity in XSP options from the calculation of the fee. 13 *See* Securities and Exchange Act Release No. 56565 (September 27, 2007), 72 FR 56403 (October 3, 2007). 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act 14 , in general, and furthers the objectives of Section 6(b)(4) 15 of the Act in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among CBOE members and other persons using its facilities. 14 15 U.S.C. 78f(b). 15 15 U.S.C. 78f(b)(4). 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 purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change establishes or changes a due, fee, or other charge imposed by the Exchange, it has become effective pursuant to Section 19(b)(3)(A) of the Act 16 and Rule 19b-4(f)(2) 17 thereunder. At any time within 60 days of the filing of the proposed rule change the Commission may summarily abrogate such proposed 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. 18 16 15 U.S.C. 78s(b)(3)(A). 17 17 CFR 19b-4(f)(2). 18 For purposes of calculating the 60-day abrogation period, the Commission considers the abrogation period to have commenced on November 30, 2007. 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-2007-127 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-2007-127. 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 such filing also will be available for inspection and copying at the principal office of 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-2007-127 and should be submitted on or before January 7, 2008. 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. E7-24310 Filed 12-14-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56936; File No. SR-FINRA-2007-022] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change Relating to FINRA's NYSE Rule 342.13 and the General Securities Principal Examination December 10, 2007. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (“Act”) and Rule 19b-4 thereunder, 2 notice is hereby given that on November 9, 2007, the Financial Industry Regulatory Authority, Inc. (“FINRA”) (f/k/a National Association of Securities Dealers, Inc. (“NASD”)) 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 FINRA. This order provides notice of the proposed rule change and approves the proposed rule change on an accelerated basis. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change FINRA is proposing to amend FINRA's New York Stock Exchange LLC (“NYSE”) Rule 342.13 (Acceptability of Supervisors) 3 to eliminate the requirement that the General Securities Principal Examination (“Series 24 Examination”) be passed after July 1, 2001 in order to be recognized by NYSE as an acceptable alternative to the General Securities Sales Supervisor Qualification Examination (“Series 9/10 Examination”) for persons whose duties do not include supervision of options or municipal securities sales activities. The proposed rule change is identical to a rule change by the NYSE to its version of Rule 342.13, which was recently approved by the Commission. 4 3 FINRA has incorporated certain NYSE rules into its rulebook, including NYSE Rule 342. This incorporated NYSE rule applies solely to those members of FINRA that also are members of NYSE on or after July 30, 2007 (“Dual Members”), and until the time FINRA adopts a consolidated rulebook applicable to all of its members. The incorporated NYSE rules apply to the same categories of persons to which they applied as of July 30, 2007. In applying the incorporated NYSE rules to Dual Members, FINRA also has incorporated the related interpretive positions set forth in the NYSE Rule Interpretations Handbook and NYSE Information Memos. 4 *See* Securities Exchange Act Release No. 56854 (November 28, 2007), 72 FR 68613 (December 5, 2007) (SR-NYSE-2007-53) (order approving an amendment to NYSE Rule 342.13 (Acceptability of Supervisors)). The text of the proposed rule change is available at FINRA, the Commission's Public Reference Room, and on FINRA's Web site at *http://www.finra.org* . II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, FINRA 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 III below. FINRA 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose FINRA is proposing a rule change to FINRA's NYSE Rule 342.13 that would eliminate the requirement that the Series 24 Examination be passed after July 1, 2001, in order to be recognized by the NYSE as an acceptable alternative to the Series 9/10 Examination requirement for persons whose duties do not include supervision of options or municipal securities sales activities. 5 The proposed rule change is identical to a proposed rule change by NYSE to its version of Rule 342.13, 6 which was recently approved. 7 5 The Series 24 Examination does not address these activities. Prospectively, persons may continue to qualify to supervise options or municipal securities sales activity by taking and passing the Series 24 Examination and also taking and passing the Registered Options Principal (“Series 4”) and/or Municipal Securities Principal (“Series 53”) Examinations. 6 Pursuant to Rule 17d-2 under the Act, 17 CFR 240.17d-2, NASD, NYSE, and NYSE Regulation, Inc. entered into an agreement (“Agreement”) to reduce regulatory duplication for firms that are Dual Members by allocating certain regulatory responsibilities for selected NYSE rules from NYSE Regulation, Inc. to FINRA. The Agreement includes a list of all of those rules (“Common Rules”) for which FINRA has assumed examination, enforcement and surveillance responsibilities under the Agreement relating to compliance by Dual Members to the extent that such responsibilities involve member firm regulation. *See* Securities Exchange Act Release No. 56148 (July 26, 2007), 72 FR 42146 (August 1, 2007) (approving a plan for allocating regulatory responsibilities). The Common Rules are the same NYSE rules that FINRA has incorporated into its rulebook. *See* Securities Exchange Act Release No. 56147 (July 26, 2007), 72 FR 42166 (August 1, 2007) (SR-NASD-2007-054) (order approving incorporation of certain NYSE Rules relating to member firm conduct). Paragraph 2(b) of the Agreement sets forth procedures regarding proposed changes by either NYSE or FINRA to the substance of any of the Common Rules. 7 *See supra* , note 4. NYSE Rule 342 (Offices—Approval, Supervision and Control) prescribes the general supervisory requirements for NYSE member organizations. Among these requirements, Rule 342.13 (Acceptability of Supervisors) prescribes the NYSE's qualification standards for personnel delegated supervisory responsibility. Before 2001, this provision provided, in part, that a person delegated supervisory responsibility must pass the Series 9/10 Examination or an historical equivalent ( *i.e.* , the Series 8 Examination). In October 2002, NYSE amended Rule 342.13 8 to recognize FINRA's Series 24 Examination, if taken and passed after July 1, 2001, as an acceptable alternative to the Series 9/10 Examination requirement for persons whose duties do not include supervision of options or municipal securities sales activities. NYSE reasoned that, as of July 2, 2001, FINRA had enhanced the Series 24 Examination to include questions that provide appropriate coverage of NYSE Rules. As noted above, NYSE recently eliminated the requirement in Rule 342.13 that the Series 24 Examination be taken and passed after July 1, 2001. FINRA is proposing an identical change to its version of Rule 342.13. 8 *See* Securities Exchange Act Release No. 46631 (October 9, 2002), 67 FR 64187 (October 17, 2002) (order approving SR-NYSE-2002-24). *See also* NYSE Information Memo 02-51 (November 12, 2002). Further rationale for the proposed rule change is set forth in NYSE's filing. 9 As noted in that filing, the NYSE and NASD rulebooks have converged significantly in the last six years, and individuals who took the Series 24 Examination before July 1, 2001 have been subject to regulatory standards that have, to a large degree, been harmonized. 10 In addition, these individuals have been subject to regulatory and firm element continuing education, which provides ongoing training with respect to current regulatory requirements, including NYSE and NASD Rules, applicable to these persons' duties and responsibilities. 9 *See* Securities Exchange Act Release No. 56686 (October 23, 2007), 72 FR 61193 (October 29, 2007) (SR-NYSE-2007-53) (notice of proposed rule change, as modified by amendments no. 1 and 2, to amend NYSE Rule 342.13 (Acceptability of Supervisors)). 10 *Id* . FINRA seeks accelerated approval of the proposed rule change and requests that the effective date of its proposed rule change be the same date as approval of the proposed rule change for the identical NYSE rule. 11 11 The Commission notes that the comparable amendment to NYSE Rule 342.13 was approved on November 28, 2007. *See supra* , note 4. Thus, the Commission considers FINRA to be requesting a retroactive effective date of November 28, 2007, for this proposed rule change. 2. Statutory Basis FINRA believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act, 12 which requires, among other things, that FINRA rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. FINRA believes that the proposed rule change would reduce unnecessary regulatory burdens and provide greater harmonization between the NYSE and FINRA qualification and examination requirements by eliminating the requirement that the Series 24 Examination be taken and passed after July 1, 2001 in order to be recognized by the NYSE as an acceptable alternative to the Series 9/10 Examination for persons whose duties do not include supervision of options or municipal sales activities. 12 15 U.S.C. 78 *o* -3(b)(6). B. Self-Regulatory Organization's Statement on Burden on Competition FINRA does not believe that the proposed rule change will result in 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 Written comments were neither solicited nor received. III. 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-FINRA-2007-022 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-FINRA-2007-022. 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 on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of FINRA. 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-FINRA-2007-022 and should be submitted on or before January 7, 2008. IV. Commission's Findings and Order Granting Accelerated Approval of the Proposed Rule Change The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities association. 13 In particular, the Commission finds that the proposed rule change is consistent with Section 15A(b)(6) of the Act, 14 which requires, among other things, that FINRA's rules be designed to prevent fraudulent and manipulative acts and practices, 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. 13 In approving this proposal, the Commission has considered its impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). 14 15 U.S.C. 78 *o* -3(b)(6). The proposed rule change would make FINRA's NYSE Rule 342.13 identical to the version of NYSE Rule 342.13 in the NYSE rulebook that was recently approved by the Commission. 15 In addition, the Commission believes that the proposed rule change comports with the provisions of the 17d-2 Agreement, as approved by the Commission, in which FINRA and NYSE agreed to promptly propose conforming changes, absent a disagreement about the substance of a proposed rule change to one of the Common Rules, to ensure that such rules continue to be Common Rules under the Agreement. In this regard, the Commission believes it is appropriate for the proposed rule to be effective retroactively as of November 28, 2007, which is the date NYSE's amendment to NYSE Rule 342.13 was approved by the Commission. 16 15 *See supra* , note 4. 16 *Id* . The Commission finds good cause, consistent with Section 19(b)(2) of the Act, 17 for approving this proposed rule change before the thirtieth day after the publication of notice thereof in the **Federal Register** . This approval allows the proposed rule change to take effect without delay. NYSE's proposed revision to NYSE Rule 342.13 was published for comment and approved by the Commission. 18 Interested persons were provided the opportunity to submit comments on rule text that is identical to FINRA's proposal, and no comments were received. The Commission believes FINRA's proposal raises no new regulatory or substantive issues. 17 15 U.S.C. 78s(b)(2). 18 *Id* . V. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 19 that the proposed rule change (SR-FINRA-2007-022), be, and it hereby is, approved on an accelerated basis effective November 28, 2007. 19 *Id* . For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 20 20 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-24309 Filed 12-14-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-56930; File No. SR-OCC-2006-09] Self-Regulatory Organizations; the Options Clearing Corporation; Order Granting Approval of a Proposed Rule Change Relating to Choice of Law and Forum Selection December 7, 2007. I. Introduction On May 22, 2006, The Options Clearing Corporation (“OCC”) filed with the Securities and Exchange Commission (“Commission”) proposed rule change SR-OCC-2006-09 pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”). 1 Notice of the proposal was published in the **Federal Register** on April 27, 2007. 2 No comment letters were received. For the reasons discussed below, the Commission is granting approval of the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 Securities Exchange Act Release No. 55653, (April 20, 2007), 72 FR 21062. II. Description The proposed rule change will add new general choice of law and forum selection provisions to OCC's By-Laws. The purpose of the proposed rule change is to ensure there are appropriate choice of law and forum selection provisions governing all contractual relations between OCC and each of its clearing members. The proposed provisions should provide greater clarity, consistency, and predictability in the application of the law to all contractual relations between OCC and each of its clearing members and in the choice of forum in the event of litigation on such matters. OCC's By-Laws and Rules each currently contain choice of law provisions that apply in somewhat limited circumstances. This approach is problematic as it could lead to inconsistencies between the two provisions or because it may fail to properly specify a governing law with respect to certain contractual relations altogether. Article VI, Section 9(c) of OCC's By-Laws provides that Illinois law, specifically the Illinois Uniform Commercial Code, is the governing law with respect to cleared contracts. A “cleared contract” is defined in Article I, Section 1 of OCC's By-Laws as “a cleared security or commodity future or futures option that is cleared by [OCC].” A “cleared security” is defined as “an option contract (other than a futures option), a security future or a BOUND.” However, OCC has interactions and relationships with clearing members not directly involving cleared contracts ( *e.g.* , membership and financial requirements). Accordingly, the choice of law provisions in Article VI, Section 9(c) are not comprehensive. OCC Rule 614(m), which clarifies the limited obligations of OCC in connection with pledges of cleared securities, incorporates certain provisions of Article VI, Section 9 of the By-Laws by reference and also contains special provisions applicable in the event that, notwithstanding the choice of law provisions of Article VI, Section 9(c), the laws of a jurisdiction that has not adopted the 1994 revisions to Article 8 and 9 of the UCC are applicable to security interests in pledged securities. However, because all 50 U.S. States, the District of Colombia, the U.S. Virgin Islands, and Puerto Rico have now adopted the 1994 revisions to Article 8 and 9 of the UCC, the special provisions are unnecessary. Article V (Clearing Members), Section 3 (Conditions to Admission), paragraph

(k)of OCC's By-Laws provides that as a condition to admission as a clearing member non-U.S. securities firms must consent to the jurisdiction of Illinois courts and to the application of U.S. law in connection with any dispute with OCC arising from membership. However, this provision only applies to the limited context of disputes with OCC arising from membership. The proposed rule change adds a general choice of law provision to OCC's By-Laws in order to provide consistency and predictability in the application of the law to all relations between OCC and its clearing members. This new provision will be particularly useful with respect to collateral posted by non-U.S. clearing members where a clear choice of law provision could provide further assurance that OCC's interests in such collateral are properly perfected. Such a provision will also decrease the likelihood of an inadvertent inconsistency among provisions of the various Articles of the By-Laws. Illinois law is the most logical choice to be the governing law under the proposed choice of law provision given OCC's location and OCC's familiarity with Illinois law. Selecting Illinois law, along with federal law, as the governing law will also result in greatest consistency with current provisions of OCC's By-Laws and Rules. In addition, selection of Illinois as the forum for resolving any claims or disputes arising out of or relating to OCC's By-Laws or Rules will be most logical in light of the consistent application of Illinois law to relations between OCC and its clearing members. The following revisions to OCC's By-Laws and Rules are necessary to create a general choice of law provision:

(1)*New Choice of Law Provision:* OCC will add a new Section 10 (General Choice of Law and Forum Selection) to Article IX (General Provisions) of its By-Laws. New Section 10 will specify Illinois law as the governing law with respect to OCC's By-Laws and Rules as well as any agreements between OCC and clearing members. It will also specify that any lawsuits between clearing members and OCC be brought in a federal court or in the absence of federal jurisdiction in a state court located in Chicago, Illinois. Existing Sections 10-12 of Article IX will be renumbered as Sections 11-13 but will otherwise remain unchanged.

(2)*Amendments to Other Sections of the By-Laws:* OCC will remove Article VI, Section 9(c) of the By-Laws in its entirety and replace it with a reference to Article IX, Section 10 of the By-Laws and with a notice provision that persons desiring to perfect security interests in cleared securities should seek the advice of counsel.

(3)*Amendments to Rules:* OCC will make conforming amendments to Rule 604(b)(3)(ii) and to Interpretation and Policy .01 under Rule 614. These amendments are necessary in light of the adoption of the general choice of law provision described above. OCC will also delete language in Rule 614(m) providing for a contingency in the event of the application of the law of a jurisdiction that has not adopted the 1994 amendments to Articles 8 and 9 of the UCC as these are no longer necessary. III. Discussion Section 17A(b)(3)(F) of the Act requires, among other things, that the rules of a clearing agency be designed to assure the safeguarding of securities and funds which are in its custody or control or for which it is responsible. 3 The proposed rule change is designed to eliminate any uncertainty about the law applicable to contractual disputes between OCC and its members and about the forum for any litigation between OCC and its members. Uncertainty about these matters could prolong contractual disputes or litigation, which ultimately could affect or interfere with OCC's ability to clear and settle securities transactions for one or more of its members. Additionally, the proposed rule change is designed to assure that OCC's interests in members' collateral is perfected because the rule change clarifies that Illinois law applies to the securities on deposit at OCC by its foreign members. In the event of a member default, OCC uses such collateral either in the form of margin or clearing fund to meet its settlement obligations and to protect itself and its other members from financial loss. Accordingly, because the proposed rule change adds a new choice of law and forum selection provision to OCC's rules, the Commission finds that it is designed to assure the safeguarding of securities and funds which are in OCC's custody or control of for which it is responsible under Section 17A of the Act. 3 15 U.S.C. 78q-1(b)(3)(F). IV. Conclusion On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular Section 17A of the Act and the rules and regulations thereunder. 4 4 In approving the proposed rule change, the Commission considered the proposal's impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, that the proposed rule change (File No. SR-OCC-2006-09) be and hereby is approved. For the Commission by the Division of Trading and Markets, pursuant to delegated authority. 5 5 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-24307 Filed 12-14-07; 8:45 am] BILLING CODE 8011-01-P SOCIAL SECURITY ADMINISTRATION Privacy Act of 1974, as Amended; Alterations to Existing System of Records, Including New Routine Use AGENCY: Social Security Administration (SSA). ACTION: Altered System of Records and New Routine Use. SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (e)(11)), we are issuing public notice of our intent to alter an existing system of records entitled, the *Visitor Intake Process/Customer Service Record (VIP/CSR) System, 60-0350.* The proposed alterations will result in the following changes to the *VIP/CSR System:*

(1)Expansion of the categories of individuals covered by the *VIP/CSR System* ;

(2)Expansion of the categories of records maintained in the *VIP/CSR System* ;

(3)Expansion of the purposes for which we use the *VIP/CSR System* ; and

(4)Amendment of the record source categories covered by the *VIP/CSR System* . We are also establishing a new routine use for disclosure of information maintained in the *VIP/CSR System* . The proposed alterations and new routine use are discussed in the SUPPLEMENTARY INFORMATION section below. We invite public comment on this proposal. DATES: We filed a report of the proposed alterations and new routine use disclosure with the Chairman of the Senate Committee on Homeland Security and Governmental Affairs, the Chairman of the House Committee on Government Reform, and the Director, Office of Information and Regulatory Affairs, Office of Management and Budget

(OMB)on November 13, 2007. The proposed altered system of records, including the proposed new routine use applicable to the system, will become effective on December 23, 2007, unless we receive comments warranting them not to become effective. ADDRESSES: Interested individuals may comment on this publication by writing to the Deputy 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: Contact Earlene Whitworth Hill, Social Insurance Specialist, Office of Public Disclosure, Office of the General Counsel, Social Security Administration, in Room 3-A-6 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, telephone at

(410)965-1817, e-mail: *earlene.whitworth.hill@ssa.gov.* SUPPLEMENTARY INFORMATION: I. Background and Purpose of the Proposed Alterations to the VIP/CSR System of Records A. General Background Social Security provides a variety of services to the general public in connection with various programs under the Social Security Act. This activity requires personal interaction between our employees and the public on many occasions. We originally published a notice of the *VIP/CSR System* in the **Federal Register**

(FR)at 67 FR 63489 on October 11, 2002. At that time, we used information in the *VIP/CSR System* for management information and administrative purposes, such as tracking scheduled appointments and monitoring visitor information in our field offices, and for programmatic purposes associated with individuals' claims for benefits under programs we administer. On October 13, 2005, we published a notice of alterations and a new routine use applicable to the *VIP/CSR System* at 70 FR 59794. The alterations to the *VIP/CSR System* allowed us to maintain information that would alert employees in our offices if a member of the public takes action, or threatens to take action, that affects the security and safety of our employees, security guards, visitors, facilities, or records. We are now making additional alterations to the *VIP/CSR System* as discussed below. B. Proposed Alterations SSA believes that a threat exists to the safety and security of SSA employees, security personnel, visitors, and facilities when a beneficiary, claimant, attorney or non-attorney representative, or representative payee commits, or attempts to commit, a violent crime for which a court has issued an arrest warrant and the individual is not in the custody of a law enforcement agency, and we reasonably believe that the individual will contact SSA for a business-related purpose. We consider this to be the case even when an individual has not threatened or committed an act of violence directly against one of our employees, visitors, or facilities. For example, we could have a situation in which a beneficiary commits or attempts to commit a violent crime against his Social Security representative payee and an arrest warrant is issued for the beneficiary. As a result, it is likely that the beneficiary will contact or visit an SSA office somewhere in the United States in order to designate a new representative payee. If the defendant flees in order to avoid apprehension, he or she may contact or visit SSA in order to conduct other business matters such as a change of address, change method of payment to direct payment, change in direct deposit, payment of an underpayment, payment of benefit check, or to act on a scheduled appointment. Such contact could pose a threat to anyone present in the office, as well as the facility itself. To assist us in protecting the safety and security of our employees, visitors, and facilities, we have developed a *VIP/CSR System* High Risk Alert functionality that will alert our offices about these potentially dangerous situations. We will maintain information about individuals only when: • A court has issued an arrest warrant for the individual who is charged with committing, or attempting to commit, a violent crime and he or she is not in the custody of law enforcement authorities; and • SSA management officials have a reasonable expectation that the individual will visit or contact us for a business matter (e.g., request a change of address, change of representative payee, direct payment of benefits, change in direct deposit, payment of an underpayment, payment of a benefit check, or the individual has a scheduled appointment); and • SSA management officials have verified the identity of the individual who is under investigation with law enforcement and have determined that this individual is the same individual with whom we may have contact. Since we want to ensure that information is entered into the *VIP/CSR System* only as we describe above, before we enter information into the system, the appropriate Social Security field office

(FO)manager, Area Director, and Assistant Regional Commissioner, Management and Operations Support, will be required to review the facts to determine if the case meets the criteria listed above. Once our management concludes that all factors are present, the case will be entered in the *VIP/CSR System* as a High Risk Alert. Once information is entered in the *VIP/CSR System* , at a minimum, the FO manager will confirm, every 30 days with the appropriate law enforcement officials who have jurisdiction over the case, that the individual identified still presents a danger to SSA employees, visitors, or facilities. If it is determined that the individual no longer presents a danger, the High Risk Alert will be deleted. Situations that would meet the criteria for deletion are: • The individual is in the custody of law enforcement; or • The individual is no longer a suspect or has been exonerated; or • The individual is deceased. The SSA Regional Center for Security and Integrity and the Division of Systems Security and Program Integrity will maintain a list of all High Risk Alert cases that have been entered into *VIP/CSR System* and will monitor the list to ensure that we are regularly reviewing cases. We will issue operating instructions for our management officials' use to ensure that the changes to the *VIP/CSR System* are implemented as we describe above. Before we can implement the changes discussed above, we must make the following alterations to the *VIP/CSR System* : i. Amend the categories of individuals section of the notice of the *VIP/CSR System* to include our beneficiaries, claimants, attorney or non-attorney representatives, or representative payees who commit, or attempt to commit, a violent crime, have an outstanding arrest warrant, and who we reasonably believe will attempt to contact one of our facilities to conduct program business; ii. Amend the categories of records section of the notice of the *VIP/CSR System* to include a High Risk Alert indicator and identifying information about the individuals described in item B.i above, such as their name and/or Social Security number (SSN), date of birth, information pertaining to the specific nature of the crime, and information pertaining to the date, time, and the location of the crime; iii. Amend the purpose(s) section of the notice of the *VIP/CSR System* to describe that we will use information in the *VIP/CSR System* for the purposes described in items B.i and B.ii above; and iv. Amend the record source categories section of the notice of the *VIP/CSR System* to identify law enforcement officials as the source of the warrant information that will be maintained in the *VIP/CSR System* . II. New Routine Use A. Discussion As described above, we will maintain information in the *VIP/CSR System* about the new category of individuals (i.e., claimants, beneficiaries, attorney or non-attorney representatives, or representative payees) who commits, or attempts to commit, a violent crime, have an outstanding arrest warrant, and who we reasonably believe will attempt to contact one of our facilities to conduct program business, only as long as the individual poses a threat to the security and safety of our employees, visitors to our offices, and our facilities. As discussed above, at a minimum, the FO manager will confirm every 30 days with the law enforcement officials who have jurisdiction over the cases that the individual identified still presents a danger to our employees, visitors, or facilities. This confirmation will require us to disclose some basic information about the individual for whom the warrant was issued. To comply with the Privacy Act, we are establishing the following routine use, which appears as routine use number 8 in the notice of the *VIP/CSR System* below. The routine use provides for disclosure: *To the appropriate law enforcement official, the Social Security Administration

(SSA)field offices

(FO)for various purposes (see “Purpose(s)” section below); individuals who have threatened an act of violence, commit, or attempt to commit, a violent crime against an SSA employee, a visitor to any SSA office conducting business or another individual accompanying such visitor, or to any SSA office; and SSA beneficiaries, claimants, attorney or non-attorney representatives, or representative payees who commit, or attempt to commit, a violent crime, have an outstanding arrest warrant, and who we reasonably believe will attempt to contact one of our facilities to conduct program business. CATEGORIES OF RECORDS IN THE SYSTEM: This system contains the following information about each visitor:

(1)Visitor information, such as Social Security number, full name and date of birth, when such information is provided by the visitor;

(2)Visitor information, such as the time the visitor entered and left the office, an assigned group number, number of interviews associated with the visit and remarks associated with the visit;

(3)Appointment information, such as date and time of appointment, source of appointment and appointment unit number (unit establishing appointment);

(4)Notice information, such as close-out notice type (e.g., title II 6-month closeout letter, title XVI SSA-L991) and close-out notice date/time when sent;

(5)Interview information, such as each occurrence, subject of interview, estimated waiting time, preferred language, type of translator, the number of the interview in the queue, interview disposition (e.g., completed, deleted, left without service), interview priority, start and ending time and name of interviewer;

(6)SSN, full name and relationship to claimant or beneficiary, when such information is provided;

(7)“High Risk” alert information about individuals who take action, or threaten to take action, that affects the security and safety of our employees, security guards, visitors, facilities, or records; i.e., personal information about the visitor such as name, SSN, date of birth, specific nature of the threat or act of violence, the date, time, and location of the threat or act of violence;

(8)Source of the report from the SSA-3114-U4; and

(9)“High Risk” alert information about beneficiaries, claimants, attorney or non-attorney representatives, or representative payees who commit, or attempt to commit, a violent crime, have an outstanding arrest warrant, and who we reasonably believe will attempt to contact one of our facilities to conduct program business; i.e., personal information about the individuals such as name, SSN, date of birth, information pertaining to the specific nature of the crime, and the date, time, and location of the crime. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Sections 222, 223, 225, 1611, 1615, 1631 and 1633 of the Social Security Act (42 U.S.C. 422, 423, 425, 1382, 1382d, 1383 and 1383b); the Federal Records Act of 1950 (Pub. L. 81-754, 64 Stat. 583), as amended. PURPOSE(S): Information in *VIP/CSR System* is used to: • Provide a means of collecting waiting time data on all in-office interviews in SSA FOs; • Provide management information on other aspects of all in-office interviews in SSA FOs; • Provide a source for customer service record data collection for such interviews and capture discrete data about the volume and nature of inquiries to support management decisions in the areas of process improvement and resource allocation; • Provide a means of collecting information about individuals who have threatened an act of violence and/or have committed an act of violence against an SSA employee, or a visitor to any SSA office conducting business, and/or to any SSA office; • Generate a timely “High Risk” alert to alert intake employees of an individual who may pose a security risk, including a “High Risk” alert for Social Security beneficiaries, claimants, attorney or non-attorney representatives, or representative payees who commit, or attempt to commit, a violent crime, have an outstanding arrest warrant, and who we reasonably believe will attempt to contact one of our facilities to conduct program business; • Provide a standard approach to ensure the safety of SSA employees, visitors, security personnel, and facilities. The information collected from visitors to SSA FOs will be used for filing claims for benefits under title II, transacting post-entitlement actions if currently entitled to benefits under title II, filing claims for benefits under title XVI, transacting post-eligibility actions if currently eligible for benefits under title XVI, obtaining an SSN, transacting other actions related to a SSN, or other actions or queries that may require an interview at SSA. The information collected from the “High Risk” alert will be used to advise the intake employees at any SSA office of the potential security risk and to use extra caution when dealing with the individual who is before them and/or who has scheduled an appointment. The “High Risk” alert will include personal information about the visitor such as name, SSN, date of birth, specific nature of the threat or act of violence, and the date, time, and location of the threat or act of violence. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Disclosures may be made for routine uses as indicated below. 1. To the Office of the President for the purpose of responding to an individual pursuant to an inquiry received from that individual or from a third party on his or her behalf. 2. To a congressional office in response to an inquiry from that office made at the request of the subject of a record. 3. To the Department of Justice (DOJ), a court, or other tribunal, or other party before such tribunal when:

(a)The Social Security Administration (SSA), or any component thereof, or

(b)Any SSA employee in his or her official capacity; or

(c)Any SSA employee in his or her individual capacity where DOJ (or SSA where it is authorized to do so) has agreed to represent the employee; or

(d)The United States, or any agency thereof, where SSA determines that the litigation is likely to affect the operations of SSA or any of its components is party to litigation or has an interest in such litigation, and SSA determines that the use of such records by DOJ, a court, or other tribunal is relevant and necessary to the litigation, provided, however, that in each case, SSA determines that such disclosure is compatible with the purpose for which the records were collected. 4. To contractors and other Federal agencies, as necessary, to assist the Social Security Administration in the efficient administration of its programs. 5. To student volunteers, individuals working under a personal services contract, and other individuals performing functions for the Social Security Administration, but technically not having the status of Agency employees, if they need access to the records in order to perform their assigned Agency functions. 6. To the General Services Administration and National Archives and Records Administration

(NARA)under 44 U.S.C. 2904 and 2906, as amended by the NARA Act of 1984, information that is not restricted from disclosure by Federal law for the use of those agencies in conducting records management studies. 7. To Federal, State, and local law enforcement agencies and private security contractors as appropriate, information necessary:

(a)To enable them to protect the safety of Social Security Administration

(SSA)employees and customers, the security of the SSA workplace and the operation of SSA facilities, or

(b)To assist investigations or prosecutions with respect to activities that affect such safety and security or activities that disrupts the operation of SSA facilities. 8. To the appropriate law enforcement official, the Social Security Administration

(SSA)may disclose information regarding a Social Security beneficiary, claimant, attorney or non-attorney representative, or representative payee who is the subject of an outstanding arrest warrant for having committed, or having attempted to commit, a violent crime for the purposes of determining whether SSA should include an individual's information in the *VIP/CSR System* or remove an individual's information from the system because he or she no longer meets the criteria (i.e., the individual is in the custody of law enforcement, is no longer a suspect or has been exonerated, or is deceased). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records in this system are maintained in both electronic and paper form (e.g., magnetic tape and disc and microfilm). RETRIEVABILITY: Records in this system will be retrieved by the individual's SSN and/or name. SAFEGUARDS: Security measures include the use of access codes to enter in the computer system, which will maintain the data and storage of the computerized records in secured areas that are accessible only to employees who require the information in performing their official duties. SSA employees who have access to the data will be informed of the criminal penalties of the Privacy Act for unauthorized access to or disclosure of information maintained in the system. See 5 U.S.C. 552a(i)(1). Contractor personnel and/or alternate participants having access to data in the system of records will be required to adhere to SSA rules concerning safeguards, access and use of the data. RETENTION AND DISPOSAL: Records in the *Visitor Intake Process/Customer Service Record (VIP/CSR) System* “High Risk” file will be retained for five years in accordance with Section E of NC-47-76-12. The means of disposal of the information in the *Visitor Intake Process/Customer Service Record (VIP/CSR) System* “High Risk” file will be appropriate to the storage medium (e.g., deletion of individual electronic records or shredding of paper records). Additionally, management officials will have the ability to delete records from the “High Risk” file electronic database. SYSTEM MANAGER(S) AND ADDRESS(ES): Deputy Commissioner, Office of Systems, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235. NOTIFICATION PROCEDURE(S): An individual can determine if this system contains a record about him or her by writing to the system manager(s) at the above address and providing his or her name, SSN, or other information that may be in the system of records that will identify him or her. An individual requesting notification of records in person should provide the same information, as well as provide an identity document, preferably with a photograph, such as a driver's license. If an individual does not have identification documents sufficient to establish his or her identity, the individual must certify in writing that he or she is the person claimed to be and that he or she understands that knowing and willful request for, or acquisition of, a record pertaining to another individual under false pretenses is a criminal offense. If notification is requested by telephone, an individual must verify his or her identity by providing identifying information that parallels the record to which notification is being requested. If it is determined the identifying information provided by telephone is insufficient, the individual will be required to submit a request in writing or in person. If an individual is requesting information by telephone on behalf of another individual, the subject individual must be connected with SSA and the requesting individual in the same phone call. SSA will establish the subject individual's identity (his or her name, SSN, address, date of birth and place of birth, along with one other piece of information such as mother's maiden name), and ask for his or her consent in providing information to the requesting individual. If a request for notification is submitted by mail, an individual must include a notarized statement to SSA to verify his or her identity or must certify in the request that he or she is the person claimed to be and that he or she understands that the knowing and willful request for, or acquisition of, a record pertaining to another individual under false pretenses is a criminal offense. These procedures are in accordance with SSA Regulations (20 CFR 401.40). RECORD ACCESS PROCEDURE(S): Same as Notification procedure(s). Requesters also should reasonably specify the record contents they are seeking. These procedures are in accordance with SSA Regulations (20 CFR 401.40). CONTESTING RECORD PROCEDURE(S): Same as Notification procedures. Requesters also should reasonably identify the record, specify the information they are contesting, and state the corrective action sought, and the reasons for the correction, with supporting justification showing how the record is untimely, incomplete, inaccurate or irrelevant. These procedures are in accordance with SSA Regulations (20 CFR 401.65). RECORD SOURCE CATEGORIES: Information in this system of records is obtained from information collected from individuals interviewed in person in SSA FOs, from existing systems of records, such as the Claims Folders System, 60-0089; Master Beneficiary Record, 60-0090, Supplemental Security Income Record and Special Veterans Benefits, 60-0103; from information generated by SSA, such as computer date/time stamps at various points in the interview process; and from law enforcement. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT: None. [FR Doc. E7-24391 Filed 12-14-07; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Noise Exposure Map Notice for Marana Regional Airport, Marana, AZ AGENCY: Federal Aviation Administration, DOT. ACTION: Notice. SUMMARY: The Federal Aviation Administration

(FAA)announces its determination that the noise exposure maps submitted by the Town of Marana, Arizona for Marana Regional Airport under the provisions of 49 U.S.C. 47501, *et seq.* (Aviation Safety and Noise Abatement Act) and 14 CFR part 150 are in compliance with applicable requirements. DATES: *Effective Date:* The effective date of the FAA's determination on the noise exposure maps is December 7, 2007. FOR FURTHER INFORMATION CONTACT: Ms. Michelle Simmons, Federal Aviation Administration, Los Angeles Airports District Office, 15000 Aviation Boulevard, Hawthorne, California 90261, Telephone: 310/725-3614. SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds that the noise exposure maps submitted for Marana Regional Airport are in compliance with applicable requirements of Part 150, effective December 7, 2007. Under 49 U.S.C. section 47503 of the Aviation Safety and Noise Abatement Act (hereinafter referred to as “the Act”), an airport operator may submit to the FAA noise exposure maps which meet applicable regulations and which depict non-compatible land uses as of the date of submission of such maps, a description of projected aircraft operations, and the ways in which such operations will affect such maps. The Act requires such maps to be developed in consultation with interested and affected parties in the local community, government agencies, and persons using the airport. An airport operator who has submitted noise exposure maps that are found by FAA to be in compliance with the requirements of Federal Aviation Regulations

(FAR)Part 150, promulgated pursuant to the Act, may submit a noise compatibility program for FAA approval which sets forth the measures the operator has taken or proposes to take to reduce existing non-compatible uses and prevent the introduction of additional non-compatible uses. The FAA has completed its review of the noise exposure maps and accompanying documentation submitted by the Town of Marana, Arizona. The documentation that constitutes the “Noise Exposure Maps” as defined in section 150.7 of Part 150 includes: “Exhibit 1-2005 Noise Exposure Map,” and “Exhibit 2-2010 Noise Exposure Map.” The Noise Exposure Maps contain current and forecast information including the depiction of the airport and its boundaries, the runway configurations, land uses such as residential, open space, commercial/office, community facilities, libraries, churches, open space, infrastructure, vacant and warehouse and those areas within the Yearly Day-Night Average Sound Level

(DNL)65, 70 and 75 noise contours. Estimates for the number of people within these contours for the year 2005 are shown in Table 4B. Estimates of the future residential population within the 2010 noise contours are shown in Table 4E. Flight tracks for the existing and the five-year forecast Noise Exposure Maps are found in Exhibits 3D, 3E, and 3F. The type and frequency of aircraft operations (including nighttime operations) are found in Table 3C. The FAA has determined that these noise exposure maps and accompanying documentation are in compliance with applicable requirements. This determination is effective on December 7, 2007. FAA's determination on an airport operator's noise exposure maps is limited to a finding that the maps were developed in accordance with the procedures contained in Appendix A of FAR Part 150. Such determination does not constitute approval of the applicant's data, information or plans, or a commitment to approve a noise compatibility program or to fund the implementation of that program. If questions arise concerning the precise relationship of specific properties to noise exposure contours depicted on a noise exposure map submitted under section 47503 of the Act, it should be noted that the FAA is not involved in any way in determining the relative locations of specific properties with regard to the depicted noise contours, or in interpreting the noise exposure maps to resolve questions concerning, for example, which properties should be covered by the provisions of section 47506 of the Act. These functions are inseparable from the ultimate land use control and planning responsibilities of local government. These local responsibilities are not changed in any way under Part 150 or through FAA's review of noise exposure maps. Therefore, the responsibility for the detailed overlaying of noise exposure contours onto the map depicting properties on the surface rests exclusively with the airport operator that submitted those maps, or with those public agencies and planning agencies with which consultation is required under section 47503 of the Act. The FAA has relied on the certification by the airport operator, under section 150.21 of FAR Part 150, that the statutorily required consultation has been accomplished. Copies of the full noise exposure map documentation and of the FAA's evaluation of the maps are available for examination at the following locations: Federal Aviation Administration, Planning and Environmental Division, APP-400, 800 Independence Avenue, SW., Washington, DC 20591. Federal Aviation Administration, Western-Pacific Region, Airports Division, Room 3012, 15000 Aviation Boulevard, Hawthorne, California 90261. Federal Aviation Administration, Los Angeles Airports District Office, Room 3024, 15000 Aviation Boulevard, Hawthorne, California 90261. Charles Mangum, Airport Director, Marana Regional Airport, 11700 W. Avra Valley Road, #91, Marana, Arizona 85633-9625. Questions may be directed to the individual named above under the heading FOR FURTHER INFORMATION CONTACT. Issued in Hawthorne, California on December 7, 2007. Mark A. McClardy, Manager, Airports Division, AWP-600, Western-Pacific Region. [FR Doc. 07-6067 Filed 12-14-07; 8:45 am]

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