81438 Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules 

List of Subjects in 30 CFR Part 948 

Intergovernmental relations, Surface 

mining, Underground mining. 

Thomas D. Shope, 

Regional Director, Regional Director, North 

Atlantic—Appalachian Region. 

[FR Doc. 2020–27601 Filed 12–15–20; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

[Docket ID: DoD–2020–OS–0084] 

RIN 0790–AK99 

Privacy Act of 1974; Implementation 

AGENCY: Office of the Secretary of 

Defense, DoD. 

ACTION: Proposed rule. 

SUMMARY: The Office of the Secretary of 

Defense proposes to exempt some 

records maintained in DoD 0003 

‘‘Mobilization Deployment Management 

Information System (MDMIS)’’. The 

proposed action is sought to protect 

classified information for national 

security purposes. In the course of 

carrying out collections and analysis of 

information, exempt records received 

from other Systems of Records may 

become part of this system. To the 

extent that copies of exempt records 

from those other systems of records are 

maintained in this system, the 

Department also claims the same 

exemptions for the records from those 

other systems that are maintained in 

this system, as claimed for the prior 

system(s) of which they are a part, 

provided the reason for the exemption 

remains valid and necessary. 

DATES: Send comments on or before 

February 16, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

Federal Rulemaking Portal: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: The DoD cannot receive written 

comments at this time due to the 

COVID–19 pandemic. Comments should 

be sent electronically to the docket 

listed above. 

Instructions: All submissions received 

must include the agency name and 

docket number for this Federal Register 

document. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the internet at https://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cheryl Jenkins at (703) 571–0070. 

SUPPLEMENTARY INFORMATION: The Office 

of the Secretary of Defense proposes to 

exempt some records maintained in 

DoD 0003 ‘‘Mobilization Deployment 

Management Information System 

(MDMIS)’’ from subsections 5 U.S.C. 

552a(c)(3), (d)(1), (2), (3), and (4) of the 

Privacy Act, pursuant to 5 U.S.C. 

552a(k)(1). This proposed modification 

to 32 CFR part 310 adds a new Privacy 

Act exemption rule for the Mobilization 

Deployment Management Information 

System (MDMIS), a system which 

accounts for the mobilization and 

deployment of every unit and military 

member in an automated and auditable 

information technology platform. 

Some information within the MDMIS 

may be classified pursuant to executive 

order. Information classified pursuant to 

executive order, as implemented by DoD 

Instruction (DoDI) 5200.01 and DoD 

Manual (DoDM) 5200.01, Volumes 1 

and 3, may be exempt pursuant to 5 

U.S.C. 552a(k)(1). Granting unfettered 

access to information that is properly 

classified pursuant to those authorities 

may cause damage to the national 

security. 

Regulatory Analysis 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. It has been determined that 

this rule is not a significant regulatory 

action and has not been reviewed by the 

Office of Management and Budget under 

these Executive Orders. 

Executive Order 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ 

This rule has been deemed not 

significant under Executive Order (E.O.) 

12866, ‘‘Regulatory Planning and 

Review.’’ Therefore, the requirements of 

E.O. 13771, ‘‘Reducing Regulation and 

Controlling Regulatory Costs,’’ do not 

apply. 

Congressional Review Act 

This rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C Chapter 6) 

It has been certified that this rule does 

not have a significant economic impact 

on a substantial number of small entities 

because it is concerned only with the 

administration of Privacy Act systems of 

records within DoD. A Regulatory 

Flexibility Analysis is not required. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that this rule 

does not impose additional information 

collection requirements on the public 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501 et seq.). 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been determined that this rule 

does not involve a Federal mandate that 

may result in the expenditure by State, 

local and tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more and that it will not 

significantly or uniquely affect small 

governments. 

Executive Order 13132, ‘‘Federalism’’ 

It has been determined that this rule 

does not have federalism implications. 

This rule does not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 32 CFR Part 310 

Privacy. 

Accordingly, 32 CFR part 310 is 

proposed to be amended as follows: 

PART 310—PROTECTION OF PRIVACY 

AND ACCESS TO AND AMENDEMENT 

OF INDIVIDUAL RECORDS UNDER 

THE PRIVACY ACT OF 1974 

■ 1. The authority citation for 32 CFR 

part 310 continues to read as follows: 

Authority: 5 U.S.C. 552a. 

■ 2. Section 310.13 is amended by 

adding paragraph (e)(3) as follows: 

§ 310.13 Procedures for exemptions. 

* * * * * 

(e) * * * 

(3) System identifier and name. DoD 

0003 ‘‘Mobilization Deployment 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules 81439 

1See e.g., Medicare and State Health Care 

Programs: Fraud and Abuse; Revisions to the Safe 

Harbors Under the Anti-Kickback Statute and Civil 

Monetary Penalty Rules Regarding Beneficiary 

Inducements, 81 FR 88368 (Dec. 7, 2016). 

Management Information System 

(MDMIS).’’ 

(i) Exemptions. This system of records 

is exempt from subsections 5 U.S.C. 

552a(c)(3), (d)(1), (d)(2), (d)(3), and 

(d)(4) of the Privacy Act. 

(ii) Authority. 5 U.S.C. 552a(k)(1). 

(iii) Exemption from the particular 

subsections. Exemption from the 

particular subsections is justified for the 

following reasons: 

(A) From subsection (c)(3) (accounting 

of disclosures) because common 

enterprise records may contain 

information properly classified pursuant 

to Executive Order; some disclosure 

accountings of such records may also 

contain information properly classified 

pursuant to executive order that if 

disclosed could damage national 

security. 

(B) From subsections (d)(1), (2), (3), 

and (4) (record subject’s right to access 

and amend records) because access to, 

amendment of, or release of the 

accounting of disclosures of such 

records could disclose information 

properly classified pursuant to 

executive order that could damage 

national security. 

(iv) Exempt records from other 

systems. In addition, in the course of 

carrying out the overall purpose for this 

system, exempt records from other 

systems records may in turn become 

part of the records maintained in this 

system. To the extent that copies of 

exempt records from those other 

systems of records are maintained in 

this system, the DoD claims the same 

exemptions for the records from those 

other systems that are entered into this 

system, as claimed for the prior 

system(s) of which they are a part, 

provided the reason for the exemption 

remains valid and necessary. 

Dated: December 4, 2020. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2020–27095 Filed 12–15–20; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of Inspector General 

42 CFR Part 1001 

Solicitation of New Safe Harbors and 

Special Fraud Alerts 

AGENCY: Office of Inspector General 

(OIG), Department of Health and Human 

Services (HHS). 

ACTION: Notification of intent to develop 

regulations. 

SUMMARY: In accordance with section 

205 of the Health Insurance Portability 

and Accountability Act of 1996 

(HIPAA), this annual notification 

solicits proposals and recommendations 

for developing new, or modifying 

existing, safe harbor provisions under 

section 1128B(b) of the Social Security 

Act (the Act), the Federal anti-kickback 

statute, as well as developing new OIG 

Special Fraud Alerts. 

DATES: To ensure consideration, public 

comments must be delivered to the 

address provided below by no later than 

5 p.m. on February 16, 2021. 

ADDRESSES: In commenting, please refer 

to file code OIG–128–N. Because of staff 

and resource limitations, we cannot 

accept comments by facsimile (fax) 

transmission. You may submit 

comments in one of three ways (no 

duplicates, please): 

1. Electronically. You may submit 

electronic comments on specific 

recommendations and proposals 

through the Federal eRulemaking Portal 

at http://www.regulations.gov. 

2. By regular, express, or overnight 

mail. You may send written comments 

to the following address: OIG, 

Regulatory Affairs, HHS, Attention: 

OIG–1117–N, Room 5527, Cohen 

Building, 330 Independence Avenue 

SW, Washington, DC 20201. Please 

allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By hand or courier. If you prefer, 

you may deliver your written comments 

by hand or courier before the close of 

the comment period to the following 

address: OIG, HHS, Cohen Building, 

Room 5527, 330 Independence Avenue 

SW, Washington, DC 20201. Because 

access to the interior of the Cohen 

Building is not readily available to 

persons without Federal Government 

identification, commenters are 

encouraged to schedule their delivery 

with one of our staff members at 

officeofcounsel@oig.hhs.gov. For 

information on the inspection of public 

comments, please see the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: 

Samantha Flanzer, Office of Inspector 

General, (202) 619–0335. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments: We welcome 

comments from the public on 

recommendations for developing new or 

revised safe harbors and Special Fraud 

Alerts. Please assist us by referencing 

the file code OIG–1117–N. 

Inspection of Public Comments: All 

comments received before the end of the 

comment period will be posted for 

public viewing at http://

www.regulations.gov. 

I. Background 

A. OIG Safe Harbor Provisions 

Section 1128B(b) of the Act, (42 

U.S.C. 1320a–7b(b), the Federal antikickback statute), provides for criminal 

penalties for whoever knowingly and 

willfully offers, pays, solicits, or 

receives remuneration to induce or 

reward, among other things, the referral 

for, or purchase of, items or services 

reimbursable under any of the Federal 

health care programs, as defined in 

section 1128B(f) of the Act (42 U.S.C. 

1320a–7b(f)). The offense is classified as 

a felony and is punishable by fines of 

up to $100,000 and imprisonment for up 

to 10 years. Violations of the Federal 

anti-kickback statute also may result in 

the imposition of civil monetary 

penalties under section 1128A(a)(7) of 

the Act (42 U.S.C. 1320a–7a(a)(7)), 

program exclusion under section 

1128(b)(7) of the Act (42 U.S.C. 1320a– 

7(b)(7)), and liability under the False 

Claims Act (31 U.S.C. 3729–33). 

Because of the broad reach of the 

statute, concern was expressed that 

some relatively innocuous business 

arrangements were covered by the 

statute and, therefore, potentially 

subject to criminal prosecution. In 

response, Congress enacted section 14 of 

the Medicare and Medicaid Patient and 

Program Protection Act of 1987, Public 

Law 100–93 (note to section 1128B of 

the Act; 42 U.S.C. 1320a–7b), which 

specifically requires the development 

and promulgation of regulations, the socalled safe harbor provisions, that 

would specify various payment and 

business practices that would not be 

subject to sanctions under the Federal 

anti-kickback statute, even though they 

potentially may be capable of inducing 

referrals of business for which payment 

may be made under a Federal health 

care program. Since July 29, 1991, there 

have been a series of final regulations 

published in the Federal Register 

establishing safe harbors protecting 

various payment and business 

practices.1 These safe harbor provisions 

have been developed ‘‘to limit the reach 

of the statute somewhat by permitting 

certain non-abusive arrangements, while 

encouraging beneficial and innocuous 


khammond on DSKJM1Z7X2PROD with PROPOSALS