68152 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Notices 

• Designating one or more employees 

to coordinate the information security 

program; 

• Identifying reasonably foreseeable 

internal and external risks to the 

security, confidentiality, and integrity of 

customer information, and assessing the 

sufficiency of any safeguards in place to 

control those risks; 

• Designing and implementing 

information safeguards to control the 

risks identified through risk assessment, 

and regularly testing or otherwise 

monitoring the effectiveness of the 

safeguards’ key controls, systems, and 

procedures; 

• Overseeing service providers, and 

requiring them by contract to protect the 

security and confidentiality of customer 

information; and 

• Evaluating and adjusting the 

information security program in light of 

the results of testing and monitoring, 

changes to the business operation, and 

other relevant circumstances. 

The Privacy Rule, which became 

effective on July 1, 2001, requires 

financial institutions to provide 

customers with clear and conspicuous 

notices that explain the financial 

institution’s information collection and 

sharing practices and allow customers 

to opt out of having their information 

shared with certain non-affiliated third 

parties. 

The Commission’s proposed 

complaint charges that Sunbelt failed to 

implement the protections required by 

the Safeguards Rule and, specifically, 

that it failed to: (1) Identify reasonably 

foreseeable internal and external risks to 

the security, confidentiality, and 

integrity of customer information; (2) 

implement information safeguards to 

control the risks to customer 

information and regularly test and 

monitor them; (3) develop, implement, 

and maintain a comprehensive written 

information security program; (4) 

oversee service providers and require 

them by contract to implement 

safeguards to protect respondent’s 

customer information; and (5) designate 

one or more employees to coordinate 

the information security program. The 

proposed complaint also alleges that 

Sunbelt failed to provide its online 

customers with the notice required by 

the Privacy Rule. 

The proposed order contains 

provisions designed to prevent Sunbelt 

from future practices similar to those 

alleged in the complaint. Specifically, 

Part I of the proposed order prohibits 

Sunbelt from violating the Safeguards 

Rule or the Privacy Rule. Part II of the 

proposed order requires that Sunbelt 

obtain, within 180 days after being 

served with the final order approved by 

the Commission, and on a biennial basis 

thereafter for ten (10) years, an 

assessment and report from a qualified, 

objective, independent third-party 

professional, certifying that: (1) Sunbelt 

has in place a security program that 

provides protections that meet or exceed 

the protections required by the 

Safeguards Rule and (2) Sunbelt’s 

security program is operating with 

sufficient effectiveness to provide 

reasonable assurance that the security, 

confidentiality, and integrity of 

consumer’s personal information has 

been protected. This provision is 

substantially similar to comparable 

provisions obtained in prior 

Commission orders under Section 5 of 

the FTC Act. See Tower Records, FTC 

Docket No. C–4110 (June 2, 2004); 

Guess?, Inc., FTC Docket No. C–4091 

(July 30, 2003); and Microsoft Corp.,

FTC Docket No. C–4069 (Dec. 20, 2002). 

Part II of the proposed order requires 

Sunbelt to retain documents relating to 

compliance. For the assessments and 

supporting documents, Sunbelt must 

retain the documents for three years 

after the date that each assessment is 

prepared. 

Parts III through VI of the proposed 

order are reporting and compliance 

provisions. Part III requires 

dissemination of the order now and in 

the future to persons with supervisory 

responsibilities. Part IV ensures 

notification to the FTC of changes in 

corporate status. Part V mandates that 

Sunbelt submit compliance reports to 

the FTC. Part VI is a provision 

‘‘sunsetting’’ the order after twenty (20) 

years, with certain exceptions. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order. It is not intended to 

constitute an official interpretation of 

the proposed order or to modify its 

terms in any way.

By direction of the Commission. 

Donald S. Clark, 

Secretary.

[FR Doc. 04–25936 Filed 11–22–04; 8:45 am] 

BILLING CODE 6750–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Submission for OMB Review; 

Comment Request 

Title: IV–E Foster Care and Adoption 

Assistance Financial Report (IV–E–1). 

OMB No.: 0970–0205. 

Titled: Financial Reporting Form. 

Description: This form is used by 

states, the District of Columbia and 

Puerto Rico9 to facilitate the reporting 

of expenditures for the Foster Care and 

Adoption Assistance programs. State 

agencies (including the District of 

Columbia and Puerto Rico) use this form 

to report data on a quarterly basis. The 

form provides specific data regarding 

financial disbursements, obligations and 

estimates. It provides states with a 

mechanism to request grant awards and 

certify the availability of state matching 

funds. Failure to collect this data would 

seriously compromise the 

Administration for Children and 

Families’ (ACF) ability to issue grant 

awards monitor expenditures. This form 

is also used to prepare the ACF budget 

submission to Congress. ACF is 

implementing the On-Line Data 

Collection System (OLDC) to allow 

grantees the option to electronically 

submit the data. 

Respondents: States, District of 

Columbia and Puerto Rico Annual 

Burden Estimates.

Instrument Number of

respondents 

Number of

responses per 

respondent

(per year) 

Average

burden hours 

per response 

Total burden 

hours 

IV–E 1 ............................................................................................................. 52 4 24.5 5,096 

IV–E–1 Proj. ..................................................................................................... 52 2 1 104 

Estimated Total Annual Burden 

Hours: 5,200. 

Additional Information: Copies of the 

proposed collection may be obtained by 

writing to the Administration for 

Children and Families, Office of 

Administration, Office of Information 

Services, 370 L’Enfant Promenade, SW., 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Notices 68153

Washington, DC 20447, Attn: ACF 

Reports Clearance Officer. All requests 

should be identified by the title of the 

information collection. E-mail address: 

grjohnson@acf.hhs.gov.

OMB Comment: OMB is required to 

make a decision concerning the 

collection of information between 30 

and 60 days after publication of this 

document in the Federal Register.

Therefore, a comment is best assured of 

having its full effect if OMB receives it 

within 30 days of publication. Written 

comments and recommendations for the 

proposed information collection should 

be sent directly to the following: Office 

of Management and Budget, Paperwork 

Reduction Project, Attn: Desk Officer for 

ACF, E-mail address: 

Katherine_T._Astrich@omb.eop.gov.

Dated: November 16, 2004. 

Robert Sargis, 

Reports Clearance Officer.

[FR Doc. 04–25892 Filed 11–22–04; 8:45 am] 

BILLING CODE 4184–01–M

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Institute of Allergy and 

Infectious Diseases; Notice of Closed 

Meeting 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended (5 U.S.C. Appendix 2), notice 

is hereby given of the following 

meeting. 

The meeting will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended. The grant applications and 

the discussions could disclose 

confidential trade secrets or commerical 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy.

Name of Committee: National Institute of 

Allergy and Infectious Diseases Special 

Emphasis Panel NIAID AIDS Training Grant. 

Date: December 14, 2004. 

Time: 1 p.m. to 4 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National Institutes of Health, 

Rockledge 6700, 6700B Rockledge Drive, 

3145, Bethesda, MD 20817, (Telephone 

Conference Call). 

Contact Person: Geetha P. Bansal, PhD, 

Scientific Review Administrator, Scientific 

Review Program, Division of Extramural 

Activities, NIAID/NIH/DHHS, Room 3145, 

6700–B Rockledge Drive, MSC 7616, 

Bethesda, MD 20892, (301) 402–5658, 

gbansal@niaid.nih.gov.

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.855, Allergy, Immunology, 

and Transplantation Research; 93.856, 

Microbiology and Infectious Diseases 

Research, National Institutes of Health, HHS)

Dated: November 15, 2004. 

LaVerne Y. Stringfield, 

Director, Office of Federal Advisory 

Committee Policy.

[FR Doc. 04–25902 Filed 11–22–04; 8:45 am] 

BILLING CODE 4140–01–M

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Institute of Allergy and 

Infectious Diseases; Notice of Closed 

Meeting 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended (5 U.S.C. Appendix 2), notice 

is hereby given of the following 

meeting. 

The meeting will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended. The grant applications and 

the discussions could disclose 

confidential trade secrets or commercial 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy.

Name of Committee: National Institute of 

Allergy and Infectious Diseases Special 

Emphasis Panel Unsolicited Program Project 

(PO1) Application. 

Date: December 14, 2004. 

Time: 2 p.m. to 5 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National Institutes of Health, 

Rockledge 6700B Rockledge Drive, Bethesda, 

MD 20817, (Telephone Conference Call). 

Contact Person: John A. Bogdan, PhD, 

Scientific Review Administrator, Scientific 

Review Program, Division of Extramural 

Activities, National Institutes of Health/

NIAID, 6700B Rockledge Drive, MSC 7616, 

Bethesda, MD 20892–7616, 301–496–2550, 

jbogdan@niaid.nih.gov.

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.855, Allergy, Immunology, 

and Transplantation Research; 93.856, 

Microbiology and Infectious Diseases 

Research, National Institutes of Health, HHS)

Dated: November 15, 2004. 

LaVerne Y. Stringfield, 

Director, Office of Federal Advisory 

Committee Policy.

[FR Doc. 04–25903 Filed 11–22–04; 8:45 am] 

BILLING CODE 4140–01–M

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

Prospective Grant of Exclusive 

License: Conformationally Locked 

Nucleoside Analogs

AGENCY: National Institutes of Health, 

Public Health Service, DHHS.

ACTION: Notice.

SUMMARY: This is notice, in accordance 

with 35 U.S.C. 209(c)(1) and 37 CFR 

404.7(a)(1)(i), that the National 

Institutes of Health (NIH), Department 

of Health and Human Services, is 

contemplating the grant of an exclusive 

license to practice the following 

invention as embodied in the following 

patent applications: DHHS Ref. No. E–

231–1993; U.S. Serial Number 08/

126,796, filed on September 24, 1993; 

08/311,425, filed on September 23, 

1994, U.S. Patent No. 5,629,454; 08/

818,563, filed on March 14, 1997, U.S. 

Patent No. 5,869,666; PCT (PCT/US94/

10794) filed on September 23, 1994, and 

National Stage filed in Singapore 

(9607728–4), Australia (78420/94), 

Canada (2172534), Europe (94929321.1), 

Japan (07–506691), Greece (3026166); 

DHHS Ref. No. E–100–1996; U.S. 

Provisional 60/023,565, filed on August 

7, 1996; U.S. Serial Number 08/908,724, 

filed on August 7, 1997, U.S. Patent No. 

5,840,728; PCT (PCT/US96/12800) filed 

on August 15, 1996; DHHS Ref. No. E–

249–2000; U.S. Provisional 60/220,934, 

filed on July 26, 2000; U.S. Serial 

Number 10/346,762, filed on January 15, 

2003; PCT (PCT/US01/23246) filed on 

July 24, 2001, and National Stage filed 

in Australia (2001278993), Canada 

(2417251), Europe (01951228.8) to N&N 

Scientific, having a place of business in 

Maryland but incorporated in Illinois. 

The patent rights in these inventions 

have been assigned to the United States 

of America.

DATES: Only written comments and/or 

application for a license which are 

received by the NIH Office of 

Technology Transfer on or before 

January 24, 2005 will be considered.

ADDRESSES: Requests for a copy of the 

patent application, inquiries, comments 

and other materials relating to the 

contemplated license should be directed 

to: Robert M. Joynes, Office of 

Technology Transfer, National Institutes 

of Health, 6011 Executive Boulevard, 

Suite 325, Rockville, MD 20852–3804; 

Email: joynesr@od.nih.gov; Telephone: 

(301) 594–6565; Facsimile: (301) 402–

0220.

SUPPLEMENTARY INFORMATION: The 

prospective exclusive license will be