Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices 11769 

five years to allow BIC additional time 

to develop a compliant Children’s Pen. 

Through this notice, we are reopening 

the comment period to give all 

interested parties an opportunity to 

comment on the additional information 

provided by BIC. A copy of the letter 

may be viewed on http://

www.regulations.gov, under docket 

number CPSC–2013–0016, Supporting 

and Related Materials. 

Dated: February 26, 2014. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2014–04581 Filed 2–28–14; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Public Health Authority Notification 

AGENCY: Consumer Product Safety 

Commission (CPSC). 

ACTION: Notice . 

SUMMARY: CPSC is publishing this notice 

to inform hospitals and other health 

care organizations of CPSC’s status as a 

‘‘public health authority’’ under the 

medical privacy requirements of the 

Health Insurance Portability and 

Accountability Act of 1996 (HIPAA). 

FOR FURTHER INFORMATION CONTACT: 

Melissa Buford, CPSC Office of the 

General Counsel, 4330 East West 

Highway, Suite 704, Bethesda MD 

20814. 301–504–7636. 

SUPPLEMENTARY INFORMATION: Congress 

enacted HIPAA to improve portability 

and continuity of health insurance, 

among other purposes. (Pub. L. 104– 

191, 110 Stat. 1936 (1996)). The U.S. 

Department of Health and Human 

Services (HHS) promulgated regulations 

pursuant to HIPAA to address the 

security and privacy of health data. 

Known as the Privacy Rule, Standards 

for Privacy of Individually Identifiable 

Health Information, 45 CFR parts 160 

and 164, the regulations established 

procedures to protect the privacy of 

individually identifiable health 

information and to address the use and 

disclosure of such information. 

The Privacy Rule provides that 

covered entities, including health care 

providers, health plans, and health care 

clearinghouses, may not use or disclose 

protected health information, except in 

certain expressly permitted 

circumstances. Covered entities, 

however, may disclose protected health 

information to a ‘‘public health 

authority.’’ As HHS recognized in 

guidance issued on December 3, 2002, 

and revised on April 3, 2003, disclosure 

in certain circumstances is necessary to 

support the work of public health 

authorities: 

The HIPAA Privacy Rule recognizes the 

legitimate need for public health authorities 

and others responsible for ensuring public 

health and safety to have access to protected 

health information to carry out their public 

health mission. The Rule also recognizes that 

public health reports made by covered 

entities are an important means of identifying 

threats to the health and safety of the public 

at large, as well as individuals. Accordingly, 

the Rule permits covered entities to disclose 

protected health information without 

authorization for specified public health 

purposes. 

The regulations define a ‘‘public 

health authority’’ broadly to include: 

an agency or authority of the United States, 

a State, a territory, a political subdivision of 

a State or territory, or an Indian tribe, or a 

person or entity acting under a grant of 

authority from or contract with such public 

agency, including the employees or agents of 

such public agency or its contractors or 

persons or entities to whom it has grant 

authority, that is responsible for public 

health matters as part of its official mandate. 

45 CFR 164.501. Moreover, the 

preamble to the final Privacy Rule 

underscored the expansive meaning of 

‘‘public health authority.’’ Noting the 

clear congressional mandate not to 

interfere with current public health 

practices, the preamble stated: ‘‘the 

broad definition of ‘public health 

authority’ is appropriate to achieve that 

end.’’ 65 FR 82462 (December 28, 2000). 

Thus, the Privacy Rule provides that 

protected health information may be 

disclosed to a public health authority 

that is authorized by law to collect 

certain health-related information. 

Specifically, the Privacy Rule allows for 

the disclosure of protected health 

information to a public health authority 

that is: 

authorized by law to collect or receive such 

information for the purpose of preventing or 

controlling disease, injury, or disability, 

including, but not limited to, the reporting of 

disease, injury, vital events such as birth or 

death and the conduct of public health 

surveillance, public health investigations, 

and public health interventions; or, at the 

direction of a public health authority, to an 

official of a foreign government agency that 

is acting in collaboration with a public health 

authority. 

45 CFR 164.512(b)(1)(i). 

CPSC is a public health authority 

authorized by law to collect certain 

health-related information in pursuit of 

its official mandate. CPSC’s mission is 

to protect the public against 

unreasonable risks of injury associated 

with consumer products and to promote 

research and investigation into the 

causes and prevention of productrelated deaths, illnesses, and injuries. 15 

U.S.C. 2051(b). As such, CPSC’s mission 

falls well within the broad parameters of 

a public health authority responsible for 

public health matters as defined in the 

Privacy Rule. 

Additionally, in furtherance of its 

mandate, CPSC is authorized by law to, 

among other things, collect information 

for the purpose of preventing injury or 

death, report injury or death, and 

conduct public health investigations. 

For example, pursuant to statutory 

direction, CPSC must ‘‘maintain an 

Injury Information Clearinghouse to 

collect, investigate, analyze, and 

disseminate injury data, and 

information, relating to the causes and 

prevention of death, injury, and illness 

associated with consumer products’’ 

and to ‘‘conduct such continuing 

studies and investigations of deaths, 

injuries, diseases, other health 

impairments, and economic losses 

resulting from accidents involving 

consumer products as it deems 

necessary.’’ 15 U.S.C. 2054(a)(1) and (2). 

In addition, CPSC is authorized to 

‘‘conduct research, studies, and 

investigations on the safety of consumer 

products and on improving the safety of 

such products.’’ 15 U.S.C. 2054(b). 

Additionally, each fiscal year CPSC is 

required to submit a comprehensive 

report to the President and Congress 

documenting ‘‘thorough appraisal, 

including statistical analyses, estimates, 

and long-term projections, of the 

incidence of injury and effects to the 

population resulting from consumer 

products, with a breakdown, insofar as 

practicable, among the various sources 

of such injury’’ and ‘‘statistics with 

respect to injuries and deaths associated 

with products that the Commission 

determines present a substantial 

product hazard under section 15(c).’’ 15 

U.S.C. 2076(j)(1) and (6)(B). 

As an agency responsible for public 

health matters pursuant to its official 

mandate, and with statutory 

authorization to collect and report 

information to prevent injury and death, 

CPSC falls squarely within the 

definition of a ‘‘public health 

authority.’’ Accordingly, CPSC is 

providing notice that it is a public 

health authority within the meaning of 

the Privacy Rule, entitled to receive 

protected health information from 

hospitals and other health care 

organizations, without written 

authorization or consent. The disclosure 

of protected health information to a 

public health authority is a permitted 

disclosure under the Privacy Rule. 45 

CFR 164.502(a)(1)(vi). 

mstockstill on DSK4VPTVN1PROD with NOTICES

11770 Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices 

Dated: February 26, 2014. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2014–04590 Filed 2–28–14; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2013–OS–0222] 

Submission for OMB Review; 

Comment Request 

ACTION: Notice. 

SUMMARY: The Department of Defense 

has submitted to OMB for clearance, the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

DATES: Consideration will be given to all 

comments received by April 2, 2014. 

FOR FURTHER INFORMATION CONTACT: Fred 

Licari, 571–372–0493. 

SUPPLEMENTARY INFORMATION: 

Title, Associated Form and OMB 

Number: Application for DoD Impact 

Aid for Children with Severe 

Disabilities; SD 816; SD 816–C; OMB 

Control Number 0704–0425. 

Type of Request: Extension. 

Number of Respondents: 50. 

Responses Per Respondent: .1 

Annual Responses: 50. 

Average Burden per Response: 8 

hours. 

Annual Burden Hours: 400. 

Needs and Uses: DoD funds are 

authorized for local educational 

agencies (LEAs) that educate military 

dependent students with severe 

disabilities and meet certain criteria. 

This application will be requested of 

military-impacted LEAs to determine if 

they meet the DoD criteria to receive 

compensation for the cost of educating 

military dependents with severe 

disabilities. 

Affected Public: Local Education 

Agencies (LEAs). 

Frequency: On occasion. 

Respondent’s Obligation: Annually. 

OMB Desk Officer: Ms. Jasmeet 

Seehra. 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

Ms. Jasmeet Seehra at the Office of 

Management and Budget, Desk Officer 

for DoD, Room 10236, New Executive 

Office Building, Washington, DC 20503. 

You may also submit comments, 

identified by docket number and title, 

by the following method: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name, docket 

number and title 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 http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

DOD Clearance Officer: Ms. Patricia 

Toppings. 

Written requests for copies of the 

information collection proposal should 

be sent to Ms. Toppings at WHS/ESD 

Information Management Division, 4800 

Mark Center Drive, East Tower, Suite 

02G09, Alexandria, VA 22350–3100. 

Dated: February 26, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–04614 Filed 2–28–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

[Docket No. DARS–2014–0015] 

Waiver for Certain Defense Items 

Produced in the United Kingdom 

AGENCY: Department of Defense. 

ACTION: Notice. 

SUMMARY: The Under Secretary of 

Defense (Acquisition, Technology, and 

Logistics) is waiving the limitation of 10 

U.S.C. 2534 for certain defense items 

produced in the United Kingdom (UK). 

United States Code, Title 10, section 

2534, limits DoD procurement of certain 

items to sources in the national 

technology and industrial base. The 

waiver will permit procurement of 

enumerated items from sources in the 

UK, unless otherwise restricted by 

statute. 

DATES: Effective Date: This waiver is 

effective for one year, beginning March 

18, 2014 until March 17, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Director, Defense Procurement and 

Acquisition Policy (DPAP), Contract 

Policy and International Contracting 

(CPIC), Room 5E621, 3060 Defense 

Pentagon, Washington, DC 20301–3060, 

Attention: Ms. Patricia Foley, 

OUSD(AT&L), telephone (703) 693– 

1145. 

SUPPLEMENTARY INFORMATION: 

Subsection (a) of 10 U.S.C. 2534 

provides that the Secretary of Defense 

may procure the items listed in that 

subsection only if the manufacturer of 

the item is part of the national 

technology and industrial base. 

Subsection (i) of 10 U.S.C. 2534 

authorizes the Secretary of Defense to 

exercise the waiver authority in 

subsection (d), on the basis of the 

applicability of paragraph (2) or (3) of 

that subsection, only if the waiver is 

made for a particular item listed in 

subsection (a) and for a particular 

foreign country. Subsection (d) 

authorizes a waiver if the Secretary of 

Defense determines that application of 

the limitation ‘‘would impede the 

reciprocal procurement of defense items 

under a memorandum of understanding 

providing for reciprocal procurement of 

defense items’’ and if the Secretary of 

Defense determines that ‘‘that country 

does not discriminate against defense 

items produced in the United States to 

a greater degree than the United States 

discriminates against defense items 

produced in that country.’’ The 

Secretary of Defense has delegated the 

waiver authority of 10 U.S.C. 2534(d) to 

the Under Secretary of Defense 

(Acquisition, Technology, and 

Logistics). 

DoD has had a Reciprocal Defense 

Procurement Memorandum of 

Understanding (MOU) with the UK 

since 1975, most recently renewed on 

December 16, 2004. 

The Under Secretary of Defense 

(Acquisition, Technology, and Logistics) 

finds that the UK does not discriminate 

against defense items produced in the 

United States to a greater degree than 

the United States discriminates against 

defense items produced in the UK, and 

also finds that application of the 

limitation in 10 U.S.C. 2534 against 

defense items produced in the UK 

would impede the reciprocal 

procurement of defense items under the 

MOU. 

Under the authority of 10 U.S.C. 2534, 

the Under Secretary of Defense 

(Acquisition, Technology, and Logistics) 

has determined that application of the 

limitation of 10 U.S.C. 2534(a) to the 

procurement of any defense item 

produced in the UK that is listed below 

would impede the reciprocal 

procurement of defense items under the 

MOU with the UK. 

On the basis of the foregoing, the 

Under Secretary of Defense 

(Acquisition, Technology, and Logistics) 

is waiving the limitation in 10 U.S.C. 

2534(a) for procurements of any defense 

item listed below that is produced in the 

UK. This waiver applies only to the 

mstockstill on DSK4VPTVN1PROD with NOTICES