44308 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices 

10 15 U.S.C. 78s(b)(3)(A)(iii). 

11 17 CFR 240.19b–4(f)(3). 12 17 CFR 200.30–3(a)(12). 

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 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 

No written comments were either 

solicited or received. 

II. 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 10 and 

paragraph (f)(3) of Rule 19b–4 11

thereunder because it is concerned 

solely with the administration of the 

Exchange. At any time within 60 days 

of the filing of the proposed rule change, 

the Commission may summarily 

abrogate such rule change if it appears 

to the Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–Phlx–2008–57 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–Phlx–2008–57. 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 the filing also will be available for 

inspection and copying at the principal 

office of the Phlx. 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–Phlx–

2008–57 and should be submitted on or 

before August 20, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–17413 Filed 7–29–08; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2008–0042] 

Privacy Act of 1974, as Amended; 

Computer Matching Program (SSA/ 

Railroad Retirement Board (RRB))—

Match Number 1006 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of the renewal of an 

existing computer matching program, 

which is scheduled to expire on October 

4, 2008. 

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 the RRB. 

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 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. 

B. SSA Computer Matches Subject to 

the Privacy Act 

We have taken action to ensure that 

all of SSA’s computer matching 

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Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices 44309 

programs comply with the requirements 

of the Privacy Act, as amended. 

Dated: July 11, 2008. 

Mary Glenn-Croft, 

Deputy Commissioner for Budget, Finance 

and Management. 

Notice of Computer Matching Program, 

Social Security Administration (SSA) 

With the Railroad Retirement Board 

(RRB) 

A. Participating Agencies 

SSA and RRB. 

B. Purpose of the Matching Program 

The purpose of this matching program 

is to establish the conditions, safeguards 

and procedures under which the RRB 

agrees to disclose RRB annuity payment 

data to the SSA. This disclosure will 

provide SSA with information necessary 

to verify Supplemental Security Income 

(SSI) program and Special Veterans 

Benefits (SVB) eligibility and benefit 

payment amounts. It also helps to 

ensure that correct recording on the 

Supplemental Security Income Record 

(SSR) of railroad annuity amounts paid 

to SSI and SVB recipients by RRB. The 

SSI program provides payments to aged, 

blind and disabled recipients with 

income and resources at or below levels 

established by law and regulations. The 

SVB program provides similar benefits 

to certain World War II veterans. 

C. Authority for Conducting the 

Matching Program 

The legal authority for the SSI portion 

of this matching program is contained in 

sections 1631(e)(1)(A) and (B) and 

1631(f) of the Social Security Act (‘‘the 

Act’’), (42 U.S.C. 1383 (e)(1)(A) and (B) 

and 1383(f)). The legal authority for the 

SVB portion of this matching program is 

contained in section 806(b) of the Act, 

(42 U.S.C. 1006 (b)). 

D. Categories of Records and 

Individuals Covered by the Matching 

Program 

On the basis of certain identifying 

information as provided by SSA to RRB, 

RRB will provide SSA with electronic 

files containing annuity payment data 

from RRB’s system of records, RRB–22 

Railroad Retirement, Survivor, and 

Pensioner Benefits System, entitled 

Checkwriting Integrated Computer 

Operation (CHICO) Benefit Payment 

Master. SSA will then match the RRB 

data with data maintained in the SSR, 

SSA/OASSIS, 60–0103 system of 

records. SVB data also resides on the 

SSR. 

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 OMB, or 30 days after 

publication of this notice in the Federal 

Register, whichever date is later. The 

matching program will continue for 18 

months from the effective date and may 

be extended for an additional 12 months 

thereafter, if certain conditions are met. 

[FR Doc. E8–17442 Filed 7–29–08; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

[Public Notice: 6304] 

Notice of Disposition of Electronic 

Scanning and Storage of Certain 

Nonimmigrant Records 

SUMMARY: The Department has 

determined that electronic scanned 

records of Category I nonimmigrant visa 

refusals and nonimmigrant visa 

applications (Form DS–156 [OMB–

1405–018]) are to be treated as the 

official or original records of the 

Department of State. In accordance with 

The Government Paperwork Elimination 

Act (GPEA), the Department’s scanned 

records are not to be denied legal effect, 

validity, or enforceability merely 

because they are in electronic form. 

In October 21, 1998, Congress enacted 

the Government Paperwork Elimination 

Act (GPEA) which required, when 

practicable, Federal agencies to use 

electronic processes to conduct agency 

business. The purpose of the GPEA was 

to preclude agencies or courts from 

systematically treating electronic 

documents and signatures less favorably 

than their paper counterparts. In 

accordance with the GPEA, the 

Department of State launched the 

electronic scanning initiative in October 

2001, which began the scanning of 

Category I nonimmigrant visa refusal 

paper records at selected posts. By May 

2004, the Department of State expanded 

this scanning initiative to all posts. As 

of March 31, 2008, the Department has 

maintained the scanning of all Category 

I nonimmigrant visa refusal paper 

records and has also expanded its 

scanning initiative to include the 

scanning of nonimmigrant visa 

applications (Form DS–156 [OMB–

1405–0018]) at selected high-volume 

posts. 

By expanding the scanning initiative, 

the Department of State seeks to: 

• Reduce costs associated with 

physical storage and improve access to 

these records with an electronic 

information management (EIM) 

interface. 

• Manage millions of records and 

retrieve the ones that are needed 

expeditiously. 

• Share documents with other offices 

or access them remotely while 

protecting confidential information. 

• Create reports relating to case 

management, workload, and level-ofeffort quantifications. 

Will these records be considered 

‘‘official’’ for all purposes? 

Yes. Since the scanned, electronically 

stored records replicates the original 

paper documents, the scanned versions 

are to be considered the official or 

original records for all legal and other 

purposes. 

What are ‘‘Category I’’ records? 

Generally, but not always, Category I 

refusals are permanent in nature, as 

opposed to Category II refusals that are 

based on circumstances that may change 

and allow an applicant to overcome his 

or her visa ineligibility. 

For example, a case involving a 

person convicted of a crime involving 

moral turpitude would be entered as a 

Category I refusal because the basis for 

the finding of ineligibility is predicated 

on a permanent condition, i.e., the 

conviction. However, the case of a 

person who is determined by a consular 

officer to be ineligible for a visa as a 

result of having incurred one year or 

more of unlawful presence in the United 

States would be entered as a Category II 

refusal because an ineligibility on that 

ground remains in effect for ten years 

following the person’s departure or 

removal from the United States, and 

thereafter would not provide a basis for 

a refusal. 

Under what authority is the 

Department of State converting these 

records? 

Section 1732 of Title 28 of the United 

States Code (Record made in regular 

course of business; photographic copies) 

establishes the admissibility of 

electronic (copied) documents. 

Is the electronic conversion of these 

documents temporary or permanent? 

The Department has determined that 

the electronic conversion of Category I 

records is to be permanent. 

Will these records be readily available 

for review? 

No. In compliance with existing 

statutory requirements, these records are 

generally available only for internal use 

with respect to the issuance or denial of 

visas or permits to enter the United 

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