Unknown. Final rule

3,282 words·~15 min read·/register/2006/04/21/06-3791

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

--- schema: federal-register doc_type: fedreg source_file: FR-2006-04-21.xml --- 71 77 Friday, April 21, 2006 Contents AID Agency for International Development NOTICES Meetings: International Food and Agricultural Development Board, 20640 E6-5976 Agriculture Agriculture Department See Forest Service Antitrust Antitrust Modernization Commission NOTICES Meetings, 20643 E6-5979 Army Army Department NOTICES Privacy Act; systems of records, 20650-20653 06-3804 06-3805 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Broadcasting Broadcasting Board of Governors NOTICES Meetings;

Sunshine Act, 20645 06-3847 Centers Centers for Disease Control and Prevention NOTICES Meetings: National Center for Infectious Diseases— Scientific Counselors Board, 20694-20695 E6-5982 Centers Centers for Medicare & Medicaid Services RULES Medicare: Billing privileges; establishment and maintenance requirements, 20754-20781 06-3722 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-5831 20695-20697 E6-5832 E6-5833 State Children's Health Insurance Programs:

Allotments and grants to States— Unexpended FY 2003 appropriation fund distribution; additional FY 2006 funding allotments; provisions for States to use funds for medicaid expenditures, 20697-20707 06-3833 Coast Guard Coast Guard RULES Drawbridge operations: Maryland and Virginia, 20573 06-3783 NOTICES Meetings: Chemical Transportation Advisory Committee, 20711 E6-5960 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, E6-6014 20643-20645 E6-6015 Defense Defense Department See Army Department NOTICES Privacy Act; systems of records, 20647-20650 06-3801 06-3802 06-3803 Drug Drug Enforcement Administration NOTICES Registration revocations, restrictions, denials, reinstatements:

American Radiolabeled Chemicals, Inc., 20730 E6-5961 Chemic Laboratories, Inc., 20730 E6-5963 Dade Behring, Inc., 20731 E6-5962 E6-5965 Freetown Fine Chemicals, Inc., 20731 E6-5964 *Applications, hearings, determinations, etc.:* Guilford Pharmaceuticals, Inc., 20729 E6-5966 Rhodes Technologies, 20729-20730 E6-5967 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 20653 E6-5985 Employee Employee Benefits Security Administration RULES Employee Retirement Income Security Act:

Abandoned individual retirement account plans; termination, 20820-20854 06-3814 NOTICES Employee benefit plans; class exemptions: Abandoned individual retirement account plans; termination, 20856-20862 06-3815 Energy Energy Department RULES Climate change: Voluntary Greenhouse Gas reporting Program— General guidelines, 20784-20817 06-3745 NOTICES Electricity export and import authorizations, permits, etc.: Emera Energy Service, Inc., 20653-20654 06-3817 Emera Energy U.S. Subsidiary No. 2, Inc., 20654-20655 E6-6033 Meetings:

Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 20655 E6-6017 EPA Environmental Protection Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 20655-20658 E6-6006 E6-6008 E6-6009 Environmental statements; availability, etc.: Agency comment availability, 20658-20660 06-3828 Agency weekly receipts, 20660-20661 E6-6023 Meetings: Environmental Policy and Technology National Advisory Council, 20661 E6-6004 Human Studies Review Board; correction, 20661 E6-6005 Pesticide, food, and feed additive petitions:

Interregional Research Project (No. 4), 20661-20670 E6-5951 E6-5953 E6-5955 E6-5957 E6-6012 E6-6013 Phyton Corp., 20671-20672 E6-6011 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Airbus; correction, 20530-20531 06-3797 Boeing, 20528-20530 06-3796 Pratt & Whitney Canada, 20531-20533 06-3765 PROPOSED RULES Airworthiness directives: Airbus, 20599-20602 E6-5986 Empresa Brasileira de Aeronautica S.A.

(EMBRAER), 20593-20595 E6-5987 Pilatus Aircraft Ltd., 20595-20599 E6-5978 E6-5980 Airworthiness standards: Transport category airplanes— Damage tolerance data for repairs and alterations, 20574-20593 06-3758 NOTICES Advisory circulars; availability, etc.: Transport category airplanes— Damage tolerance inspections for repairs, 20750-20751 06-3757 FCC Federal Communications Commission NOTICES Common carrier services: Wireless telecommunications services— Advanced wireless services in 1710-1755 MHz and 2110-2155 MHz bands; licenses auction, 20672-20694 06-3819 FDIC Federal Deposit Insurance Corporation RULES Federal Deposit Insurance Reform Act; implementation:

Bank Insurance Fund and Savings Association Insurance Fund merger, 20524-20528 06-3721 Federal Highway Federal Highway Administration NOTICES Environmental statements; availability, etc.: Tolland County, CT, 20751 06-3812 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 20694 E6-5996 Formations, acquisitions, and mergers, 20694 E6-5997 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Fender's blue butterfly, Kincaid's lupine, and Willamette daisy, 20636-20637 E6-5975 Findings on petitions, etc.— Western snowy plover;

Pacific Coast population segment; delisting, 20607-20624 06-3792 Flat-tailed horned lizard, 20637-20639 E6-5895 Western snowy plover; Pacific Coast distinct population segment, 20625-20636 06-3793 NOTICES Endangered and threatened species: Golden-cheeked warbler, etc.; 5-year review, 20714-20716 E6-5983 Incidental take permits— San Bernardino County, CA; Delhi Sands flower-loving fly, 20716-20717 E6-5988 Purple bean, etc.; 5-year review, 20717-20718 E6-5989 Environmental statements; availability, etc.:

Incidental take permits— Bastrop County, TX; Houston toad, 20718-20719 E6-5984 Riverside County, CA; Coachella Valley multiple species habitat conservation plan and natural community conservation plan, 20719-20722 E6-5990 Environmental statements; notice of intent: National wildlife refuges, wildlife management areas, and wetland management districts, MI, MO, and WI, 20722-20723 E6-5981 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Melengestrol and monensin, 20533 06-3820 Biological products:

Group A streptococcus; revocation of status; effective date confirmed, 20533-20534 06-3790 NOTICES Reports and guidance documents; availability, etc.: MicroArray Quality Control Project; deoxyribonucleic acid microarray data; analysis protocols evaluation, 20707-20708 E6-5995 Vaccine Adverse Event Reporting System (Form VAERS-2); withdrawn, 20708 E6-5970 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Indiana— Pfizer Inc.; manufacturing and warehousing facilities, 20645 E6-6020 Forest Forest Service NOTICES Environmental statements; notice of intent:

Rogue River-Siskiyou National Forest, OR, 20640-20642 06-3782 Meetings: Resource Advisory Committees— Glenn/Colusa County, 20642 06-3798 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services RULES Privacy Act; implementation, 20523-20524 06-3791 NOTICES Environmental statements; availability, etc.:

United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT)— Immigration and border management processes; potential changes, 20708 E6-5971 Privacy Act; systems of records, 20708-20710 E6-5968 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 20712-20714 E6-5956 E6-5959 Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 20714 06-3717 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping:

Fresh garlic from— China, 20645-20646 E6-6021 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.: Montana, 20723-20724 E6-5954 Nevada, 20724-20725 E6-5952 Recreation management restrictions, etc.: Shasta County, CA; Swasey Drive Planning Area; supplementary rules, 20725-20729 E6-5991 Spruce Mountain, NV; off-road vehicle travel restrictions, 20725 E6-5992 Libraries Libraries and Information Science, National Commission See National Commission on Libraries and Information Science National Commission National Commission on Libraries and Information Science NOTICES Meetings, 20732 E6-6044 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

Arts Advisory Panel, 20732 E6-5993 Arts National Council, 20733 E6-5994 National Highway National Highway Traffic Safety Administration RULES Alcohol-Impaired Driving Prevention programs; incentive grant criteria, 20555-20573 06-3781 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings: Inter-American Tropical Tuna Commission; U.S. Section General Advisory Committee, 20646-20647 E6-5999 New England Fishery Management Council, 20647 E6-6000 Pacific Fishery Management Council, 20647 E6-5998 National Science National Science Foundation NOTICES Meetings:

Geosciences Advisory Committee, 20733 06-3816 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; notice of intent: Entergy Nuclear Operations, Inc., 20733-20735 E6-6003 Reports and guidance documents; availability, etc.: Diesel Fuel Oil Testing Program; technical specification improvement using consolidated line item process; model application, 20735-20736 E6-6001 Occupational Occupational Safety and Health Administration NOTICES Freedom of Information Act:

Air sampling data disclosure; lawsuit notice, 20732 06-3795 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 20736-20738 06-3785 06-3786 06-3787 06-3788 06-3789 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Park Week (Proc. 8002), 20517-20518 06-3866 EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.: Mathematics Advisory Panel, National; establishment (EO 13398), 20519-20521 06-3865 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 20738 E6-6007 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Frank Russell Investment Company et al., 20738-20741 E6-5974 Self-regulatory organizations; proposed rule changes: New York Stock Exchange, Inc., 20741-20749 06-3761 Selective Selective Service System NOTICES Agency information collection activities; proposals, submissions, and approvals, 20749 06-3813 SBA Small Business Administration NOTICES Disaster loan areas: Oklahoma, 20749-20750 E6-6002 Social Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel; conference call, 20750 E6-5969 State State Department RULES International Traffic in Arms regulations:

Miscellaneous amendments, 20534-20555 06-3500 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Texas, 20602-20604 E6-5972 Wyoming, 20604-20607 E6-5973 NOTICES Agency information collection activities; proposals, submissions, and approvals, 20729 06-3806 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Southern California Regional Rail Authority, 20751 E6-5739 Tishomingo Railroad Co., Inc., 20752 E6-5741 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 20711-20712 E6-5834 E6-5835 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 20754-20781 06-3722 Part III Energy Department, 20784-20817 06-3745 Part IV Labor Department, Employee Benefits Security Administration, 20820-20854 06-3814 Part V Labor Department, Employee Benefits Security Administration, 20856-20862 06-3815 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 77 Friday, April 21, 2006 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [DHS-2005-0048] Privacy Act of 1974; Systems of Records AGENCY: Privacy Office; Department of Homeland Security.

ACTION: Final rule. SUMMARY: The Department of Homeland Security is issuing a final rule to exempt two Privacy Act systems of records from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). These systems are the Freedom of Information Act and Privacy Act System of Records and the Civil Rights and Civil Liberties Matters System of Records. DATES: This final rule is effective April 21, 2006. FOR FURTHER INFORMATION CONTACT: Maureen Cooney, Acting Chief Privacy Officer, Department of Homeland Security, Washington, DC, by telephone

(571)227-3813 or by facsimile

(571)227-4171. SUPPLEMENTARY INFORMATION: On December 4, 2004, the Department of Homeland Security

(DHS)published a notice of proposed rulemaking (69 FR 70402) to exempt two Privacy Act systems of records from the following provisions of the Privacy Act, 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f). The first system of records, DHS/ALL 001, DHS Freedom of Information Act

(FOIA)and Privacy Act Records Systems, allows the Department and its components to maintain and retrieve FOIA and Privacy Act files by the personal identifiers of the individuals who have submitted requests for records under either statute. The second system of records, DHS-CRCL-001, Civil Rights and Civil Liberties Matters, covers records alleging abuses of civil rights and civil liberties that are submitted to the Office for Civil Rights and Civil Liberties. Two comments from one individual were received on this notice of proposed rulemaking. The comments discussed the importance of the transparency that comes from compliance with the FOIA and appeared to take issue generally with DHS's proposal to exempt the two record systems covered by the proposed rule, DHS/ALL 001 and CRCL-001, Civil Rights and Civil Liberties Matters, from certain provisions of the Privacy Act. While DHS agrees that the FOIA serves important transparency purposes, it nevertheless believes that the exemptions it has sought for these two record systems are narrowly tailored to protect agency interests. Because it is possible that either system of records will contain information that comes from law enforcement or national security files, which are themselves exempt from the Privacy Act, allowing access to that information derived from such files could result in harm to the government. In appropriate circumstances, however, the applicable exemptions may be waived if no harm to the law enforcement or national security interests of DHS would result. Accordingly, with the exception of two non-substantive edits to correct an error, DHS is implementing the rule as proposed. Pursuant to the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601-612, DHS certifies that these regulations will not significantly affect a substantial number of small entities. The final rule imposes no duties or obligations on small entities. Further, in accordance with the provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, DHS has determined that this final rule would not impose new recordkeeping, application, reporting, or other types of information collection requirements. List of Subjects in 6 CFR Part 5 Classified information, Courts, Freedom of information, Government employees, Privacy. For the reasons stated in the preamble, DHS is amending Chapter I of Title 6, Code of Federal Regulations, as follows: PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 5 continues to read as follows: Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 *et seq.* ; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a. 2. Add Appendix C to part 5 to read as follows: Appendix C—DHS Systems of Records Exempt From the Privacy Act This Appendix implements provisions of the Privacy Act of 1974 that permit the Department of Homeland Security

(DHS)to exempt its systems of records from provisions of the Act. During the course of normal agency operations, exempt materials from other systems of records may become part of the records in these and other DHS systems. To the extent that copies of records from other exempt systems of records are entered into any DHS system, DHS hereby claims the same exemptions for those records that are claimed for the original primary systems of records from which they originated and claims any additional exemptions in accordance with this rule. Portions of the following DHS systems of records are exempt from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552(j) and (k): 1. DHS/ALL 001, Department of Homeland Security

(DHS)Freedom of Information Act

(FOIA)and Privacy Act

(PA)Record System allows the DHS and its components to maintain and retrieve FOIA and Privacy Act files by personal identifiers associated with the persons submitting requests for information under each statute. Pursuant to exemptions (j)(2), (k)(1), (k)(2) and (k)(5) of the Privacy Act, portions of this system are exempt from 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G),

(H)and

(I)and (f). Exemptions from the particular subsections are justified, on a case by case basis to be determined at the time a request is made, for the following reasons:

(a)From subsection (c)(3) (Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of the investigation and reveal investigative interest on the part of DHS as well as the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the accounting would also permit the individual who is the subject of a record to impede the investigation and avoid detection or apprehension, which undermines the entire system.

(b)From subsection

(d)(Access to Records) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of the investigation and reveal investigative interest on the part of DHS or another agency. Access to the records would permit the individual who is the subject of a record to impede the investigation and avoid detection or apprehension. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated. The information contained in the system may also include properly classified information, the release of which would pose a threat to national defense and/or foreign policy. In addition, permitting access and amendment to such information also could disclose security-sensitive information that could be detrimental to homeland security.

(c)From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of federal law, the accuracy of information obtained or introduced, occasionally may be unclear or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective enforcement of federal laws, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity.

(d)From subsections (e)(4)(G),

(H)and

(I)(Agency Requirements), and

(f)(Agency Rules), because portions of this system are exempt from the access provisions of subsection (d). 2. DHS-CRCL-001, Civil Rights and Civil Liberties Matters, which will cover allegations of abuses of civil rights and civil liberties that are submitted to the Office of CRCL. Pursuant to exemptions (k)(1), (k)(2) and (k)(5) of the Privacy Act, portions of this system are exempt from 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G),

(H)and

(I)and (f). Exemptions from the particular subsections are justified, on a case by case basis to be determined at the time a request is made, for the following reasons:

(a)From subsection (c)(3) (Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of the investigation and reveal investigative interest on the part of DHS or another agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and efforts to preserve national security. Disclosure of the accounting would also permit the individual who is the subject of a record to impede the investigation and avoid detection or apprehension, which undermines the entire system.

(b)From subsection

(d)(Access to Records) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of the investigation and reveal investigative interest on the part of DHS as well as the recipient agency. Access to the records would permit the individual who is the subject of a record to impede the investigation and avoid detection or apprehension. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated. The information contained in the system may also include properly classified information, the release of which would pose a threat to national defense and/or foreign policy. In addition, permitting access and amendment to such information also could disclose security-sensitive information that could be detrimental to homeland security.

(d)From subsections (e)(4)(G),

(H)and

(I)(Agency Requirements), and

(f)(Agency Rules), because this system is exempt from the access provisions of subsection (d). Dated: April 13, 2006. Maureen Cooney, Acting Chief Privacy Officer. [FR Doc. 06-3791 Filed 4-20-06; 8:45 am]

Connectionstraces to 5

Traces to 5 documents

U.S. Code

4 references not yet in our index