2150 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 

13 17 CFR 240.10A–3. 

14See supra note 12. 

15 15 U.S.C. 78s(b)(2). 

16 17 CFR 200.30–3(a)(12). 

information that may be necessary to 

price the Shares appropriately and to 

prevent trading when a reasonable 

degree of transparency cannot be 

assured. Nasdaq Rule 4420(j)(1)(B)(iv) 

requires daily public Web site 

disclosure of its portfolio holdings 

including, as applicable, the identity 

and number of shares held of each 

specific equity security, the identity and 

amount held of each fixed income 

security, the specific types of Financial 

Instruments and characteristics of such 

instruments, and cash equivalents and 

the amount of cash held in the portfolio 

of a fund. With respect to such 

Financial Instruments, the Commission 

notes that a notification procedure will 

be implemented by the Exchange so that 

timely notice from the investment 

adviser of such Multiple or Inverse 

Fund is received by the Exchange when 

a particular Financial Instrument is in 

default or shortly to be in default. The 

Commission also notes that the 

Exchange would be required to halt 

trading if Nasdaq becomes aware that 

the NAV or the identities and quantities 

of the portfolio of securities and other 

assets with respect to a Fund Share is 

not disseminated to all market 

participants at the same time. 

In addition, the Commission notes 

that the Exchange’s suitability 

requirements would apply to the trading 

of Multiple Fund Shares and Inverse 

Fund Shares. Specifically, prior to 

commencement of trading, the Exchange 

will issue an Information Circular to its 

members and member organizations 

providing guidance with regard to 

member firm compliance 

responsibilities (including suitability 

obligations) when effecting transactions 

in the Fund Shares and highlighting the 

special risks and characteristics of 

Funds Shares as well as applicable 

Exchange rules. 

In sum, the Commission believes that 

the Exchange’s proposed amendments 

to Nasdaq Rule 4420(j) relating to the 

listing and trading of Multiple Fund 

Shares and Inverse Fund Shares should 

fulfill the intended objective of Rule 

19b–4(e) under the Act by allowing such 

derivative securities products to be 

listed and traded without separate 

Commission approval. The Commission 

believes that the proposed rule change 

should facilitate the listing and trading 

of additional types of exchange-traded 

products and reduce the time frame for 

bringing these securities to market, 

thereby reducing the burdens on issuers 

and other market participants and 

promoting competition. 

The Commission finds good cause, 

pursuant to Section 19(b)(2) of the 

Act,13 for approving the proposed rule 

change prior to the 30th day after the 

date of publication of notice in the 

Federal Register. The Commission notes 

that it has previously approved a 

substantially similar proposed rule 

change of another self-regulatory 

organization.14 No comments were 

received on the proposed rule change 

during the 15-day comment period, and 

the Commission believes that the 

Exchange’s proposal does not present 

any novel regulatory issues. 

As such, the Commission believes 

that accelerating approval of this 

proposal should benefit investors by 

creating, without undue delay, 

additional competition in the market for 

such products. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,15 that the 

proposed rule change (SR–NASDAQ– 

2008–096) be, and hereby is, approved 

on an accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–611 Filed 1–13–09; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA 2008–0045] 

Privacy Act of 1974, as Amended; 

Computer Matching Program (SSA/ 

Health and Human Services, 

Administration for Children and 

Families, Office of Child Support 

Enforcement (OCSE) Match Number 

1074. 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of the renewal of an 

existing computer matching program 

scheduled to expire on March 12, 2009. 

SUMMARY: In accordance with the 

provisions of the Privacy Act, as 

amended, this notice announces the 

renewal of an existing computer 

matching program that SSA is currently 

conducting with HHS/ACF/OCSE. 

DATES: SSA will file a report of the 

subject matching program with the 

Committee on Homeland Security and 

Governmental Affairs of the Senate; the 

Committee on Oversight and 

Government Reform of the House of 

Representatives; and the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB). The renewal of the matching 

program will be effective as indicated 

below. 

ADDRESSES: Interested parties may 

comment on this notice by either 

telefaxing to (410) 965–0201 or writing 

to the Deputy Commissioner for Budget, 

Finance and Management, 800 Altmeyer 

Building, 6401 Security Boulevard, 

Baltimore, MD 21235–6401. All 

comments received will be available for 

public inspection at this address. 

FOR FURTHER INFORMATION CONTACT: The 

Deputy Commissioner for Budget, 

Finance and Management as shown 

above. 

SUPPLEMENTARY INFORMATION: 

A. General 

The Computer Matching and Privacy 

Protection Act of 1988 (Pub. L. 100– 

503), amended the Privacy Act (5 U.S.C. 

552a) by describing the conditions 

under which computer matching 

involving the Federal government could 

be performed and adding certain 

protections for individuals applying for 

and receiving Federal benefits. Section 

7201 of the Omnibus Budget 

Reconciliation Act of 1990 (Pub. L. 101– 

508) further amended the Privacy Act 

regarding protections for such 

individuals. 

The Privacy Act, as amended, 

regulates the use of computer matching 

by Federal agencies when records in a 

system of records are matched with 

other Federal, state or local government 

records. It requires Federal agencies 

involved in computer matching 

programs to: 

(1) Negotiate written agreements with 

the other agency or agencies 

participating in the matching programs; 

(2) Obtain the approval of the 

matching agreement by the Data 

Integrity Boards (DIB) of the 

participating Federal agencies; 

(3) Publish notice of the computer 

matching program in the Federal 

Register; 

(4) Furnish detailed reports about 

matching programs to Congress and 

OMB; 

(5) Notify applicants and beneficiaries 

that their records are subject to 

matching; and 

(6) Verify match findings before 

reducing, suspending, terminating or 

denying an individual’s benefits or 

payments. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 2151 

B. SSA Computer Matches Subject to 

the Privacy Act 

We have taken action to ensure that 

all of SSA’s computer matching 

programs comply with the requirements 

of the Privacy Act, as amended. 

Dated: January 7, 2009. 

Mary Glenn-Croft, 

Deputy Commissioner for Budget, Finance 

and Management. 

Notice of Computer Matching 

Program, Social Security Administration 

(SSA) with the Department of Health 

and Human Services, Administration for 

Children and Families, Office of Child 

Support Enforcement (HHS/ACF/ 

OCSE). 

A. Participating Agencies 

SSA and OCSE. 

B. Purpose of the Matching Program 

The purpose of this agreement is to 

establish the conditions, terms, and 

safeguards under which OCSE agrees to 

the disclosure of quarterly wage, new 

hire, and unemployment insurance 

information to SSA. The matching 

program will assist SSA in establishing 

or verifying eligibility and/or payment 

amounts under the Supplemental 

Security Income (SSI) program, as 

authorized by the Social Security Act 

and by the Privacy Act. 

C. Authority for Conducting the 

Matching Program 

The legal authority for SSA to 

conduct this matching activity for SSI 

purposes is contained in sections 

453(j)(4), 1631(e)(1)(B) and (f) of the 

Social Security Act, 42 U.S.C. 653(j)(4) 

and 1383(e)(1)(B) and (f), and 5 U.S.C. 

552a(b)(3) and 552a(o), (p), (q), and (r). 

D. Categories of Records and 

Individuals Covered by the Matching 

Program 

1. Specified Data Elements Used in the 

Match 

SSA will provide certain identifying 

information extracted from its 

Supplemental Security Record and 

Special Veterans Benefits (SSR) system 

of records to OCSE. OCSE and SSA will 

conduct a computerized comparison of 

the quarterly wage payment and 

unemployment insurance benefit 

information in the National Directory of 

New Hires of its Location and Collection 

System of records. 

2. Systems of Records 

OCSE will provide SSA electronic 

files containing quarterly wage and 

unemployment insurance information 

from its system of records, the Location 

and Collection System (HHS/OCSE, 09– 

90–0074) last published at 70 FR 21200 

on April 25, 2005. Pursuant to U.S.C. 

552a(b)(3), OCSE has established 

routine use to disclose the subject 

information. 

SSA will match OCSE information 

with electronic files from its system of 

records, No. 60–0103, SSR (the 

Supplemental Security Record and 

Special Veterans Benefits) last 

published at 71 FR 1830 on January 11, 

2006. 

E. Inclusive Dates of the Matching 

Program 

The matching program will become 

effective no sooner than 40 days after 

notice of the matching program is sent 

to Congress and the Office of 

Management and Budget, or 30 days 

after publication of this notice in the 

Federal Register, whichever date is 

later. The matching program will 

continue for 18 months from the 

effective date and may be extended for 

an additional 12 months thereafter, if 

certain conditions are met. 

[FR Doc. E9–599 Filed 1–13–09; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending December 13, 

2008 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et 

seq.). The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: DOT–OST–2008– 

0378. 

Date Filed: December 8, 2008. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: December 29, 2008. 

Description: Application of Trans 

States Airlines, Inc. (‘‘Trans States’’) 

requesting that the Department (i) 

disclaim jurisdiction over a proposed 

corporate re-organization in which 

Trans States will be converted from a 

Missouri corporation to a Delaware 

limited liability company bearing the 

name Trans States Airlines, LLC, and 

shortly thereafter, transfer its certificate 

of public convenience and necessity, 

exemptions, designations, and any 

related operating authorities to Trans 

States Airlines, LLC, a Delaware Limited 

Liability Company, which will continue 

air carrier operations under the name of 

Trans States Airlines, LLC. 

Docket Number: DOT–OST–2008– 

0379. 

Date Filed: December 8, 2008. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: December 29, 2008. 

Description: Application of SATA 

Internacional—Servicos E Transportes 

Aereos, S.A. (‘‘SATA International’’) 

requesting an amended foreign air 

carrier permit, incorporating all of the 

new rights made available to European 

Community carriers specifically, SATA 

Internacional seeks blanket open skies 

authority to enable it to engage in (i) 

Scheduled and charter foreign air 

transportation of persons, property and 

mail from any point or points behind 

any Member State of the European 

Union via any point or points in any 

Member State and via intermediate 

points to any point or points in the 

United States and beyond; (ii) 

scheduled and charter foreign air 

transportation of persons, property and 

mail between any point or points in any 

member of the European Common 

Aviation Area and any point or points 

in the United States; (iii) scheduled and 

charter all-cargo foreign air 

transportation between any point or 

points in the United States and any 

other point or points; (iv) other charters 

subject to the Department’s regulations; 

and (v) transportation authorized by any 

additional route rights made available to 

European Community airlines in the 

future. SATA Internacional also 

requests exemption authority to the 

extent necessary to enable it to provide 

the services covered by this application 

while the Department evaluates SATA 

Internacional’s application to amend its 

foreign air carrier permit. 

Docket Number: DOT–OST–2008– 

0382. 

Date Filed: December 9, 2008. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: December 30, 2008. 

Description: Application of Travel 

Service, a.s. requesting an exemption 

authority and a foreign air carrier permit 

to conduct charter foreign air 


sroberts on PROD1PC70 with NOTICES