81454 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

metal over time, and any other attribute or 

property material to consumers. 

Note to paragraph (b)(4): When using 

percentages to qualify platinum 

representations, marketers should convert the 

amount in parts per thousand to a percentage 

that is accurate to the first decimal place 

(e.g., 58.5% Platinum, 41.5% Cobalt). 

(c) * * * 

(5) An industry product consisting of 

at least 500 parts per thousand, but less 

than 850 parts per thousand, pure 

Platinum, and not consisting of at least 

950 parts per thousand PGM, may be 

marked or stamped accurately, with a 

quality marking on the article, using 

parts per thousand and standard 

chemical abbreviations (e.g., 585 Pt., 

415 Co.). 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2010–32273 Filed 12–27–10; 8:45 am] 

BILLING CODE 6750–01–P 

JOINT BOARD FOR ENROLLMENT OF 

ACTUARIES 

20 CFR Part 903 

Privacy Act of 1974; Implementation 

AGENCY: Joint Board for the Enrollment 

of Actuaries. 

ACTION: Direct final rule. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, the Joint Board for the 

Enrollment of Actuaries (Joint Board) is 

amending the requirements regarding 

access to records to revise the listing of 

the Joint Board’s systems of records for 

which the Joint Board has claimed 

exemptions, under section (k)(2) of the 

Privacy Act, from certain of the Privacy 

Act’s provisions, to revise language that 

incorrectly implies that the Joint Board 

has yet to seek such exemptions or that 

incorrectly implies that the Joint Board’s 

claims for exemption are still pending, 

and to correct internal references. 

DATES: This rule is March 28, 2011 

without further action, unless adverse 

comment is received by January 27, 

2011. If adverse comment is received, 

the Joint Board will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: Comments should be sent 

to: Executive Director, Joint Board for 

the Enrollment of Actuaries, c/o Internal 

Revenue Service/Office of Professional 

Responsibility, SE:OPR, 1111 

Constitution Avenue, NW., Washington, 

DC 20224. Comments will be available 

for inspection and copying in the IRS 

Freedom of Information Reading Room 

(Room 1621) at the above address. The 

telephone number for the Reading Room 

is (202) 622–5164 (not a toll-free 

number). 

FOR FURTHER INFORMATION CONTACT: Earl 

Prater, Senior Counsel, Office of 

Professional Responsibility, at (202) 

622–8018 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: The Joint 

Board is proposing to simplify the 

administration of its Privacy Act 

systems of records by consolidating the 

current nine systems into three systems 

of records and to revise the data 

elements of consolidated systems of 

records notices so as to ensure that they 

accurately reflect the jurisdictional 

coverage and operational requirements 

of the Joint Board’s regulations, which 

are set out at 20 CFR parts 901 through 

903. 

The Joint Board will publish 

separately in the Federal Register a 

notice proposing to consolidate and 

revise its Privacy Act systems of 

records. As described in the notice, the 

Joint Board proposes to consolidate its 

systems of records as follows: 

JBEA–2, Charge Case Inventory Files, 

will be renamed ‘‘Enrolled Actuary 

Disciplinary Records’’ and will 

consolidate all disciplinary-related 

records from that system and from the 

following systems— 

JBEA–4, Enrollment Files; 

JBEA–8, Suspension and Termination 

Files; and 

JBEA–9, Suspension and Termination 

Roster. 

JBEA–4, Enrollment Files, will be 

renamed ‘‘Enrolled Actuary Enrollment 

Records’’ and will consolidate all 

enrollment-related records from that 

system and from the following 

systems— 

JBEA–1, Application Files; 

JBEA–2, Charge Case Inventory Files; 

JBEA–3, Denied Applications; 

JBEA–5, Enrollment Roster; 

JBEA–7, General Information; 

JBEA–8, Suspension and Termination 

Files; and 

JBEA–9, Suspension and Termination 

Roster. 

JBEA–6, General Correspondence File, 

will be renamed ‘‘Correspondence and 

Miscellaneous Records.’’ 

The following systems of records will 

be deleted upon implementation of the 

consolidated and revised systems: 

JBEA–1, Application Files; 

JBEA–3, Denied Applications; 

JBEA–5, Enrollment Roster; 

JBEA–7, General Information; 

JBEA–8, Suspension and Termination 

Files; and 

JBEA–9, Suspension and Termination 

Roster. 

If a system of records contains 

investigative material compiled for law 

enforcement purposes, section (k)(2) of 

the Privacy Act permits the head of an 

agency to promulgate a rule to exempt 

a system of records from the Privacy 

Act’s provisions granting individuals 

certain rights with respect to the records 

that pertain to them, including the right 

to review and copy the records. As 

permitted by section (k)(2), the Joint 

Board published the following 

documents to exempt certain systems of 

records: 

On August 27, 1975 (40 FR 39387), 

the Joint Board published a proposed 

rule to exempt five systems of records, 

designating the rule as 20 CFR part 903. 

On September 30, 1975 (40 FR 45113), 

the Joint Board published its proposed 

Privacy Act regulations, designating 

such regulations as 20 CFR part 903, 

and in the same publication, the Joint 

Board republished its proposed rule to 

exempt five systems of records, 

redesignating the exempting rule as 20 

CFR 903.8. 

On January 8, 1976 (41 FR 1493), the 

Joint Board published its final Privacy 

Act regulations as 20 CFR part 903 and 

in the same publication, the Joint Board 

published its final rule to exempt five 

systems of records, designating the 

exempting rule as 20 CFR 903.8. 

The systems of records for which the 

Joint Board has claimed exemptions are 

listed in 20 CFR 903.8(a) as follows: 

JBEA—Enrollment Files; 

JBEA—Application Files; 

JBEA—General Information; 

JBEA—Charge Case Inventory Files; 

and 

JBEA—Suspension and Termination 

Files. 

This direct final rule will amend 20 

CFR 903.8 as follows: 

a. The exempt system currently listed 

as ‘‘JBEA—Charge Case Inventory Files’’ 

will be listed as ‘‘JBEA–2, Enrolled 

Actuary Disciplinary Records.’’ 

b. The exempt system currently listed 

as ‘‘JBEA—Enrollment Files’’ will be 

listed as ‘‘JBEA–4, Enrolled Actuary 

Enrollment Records.’’ 

c. The following systems will be 

deleted from the listing of exempt 

systems: 

JBEA—Application Files; 

JBEA—General Information; and 

JBEA—Suspension and Termination 

Files. 

d. Language such as ‘‘Exemption will 

be claimed’’ (§ 903.8(b)), which 

incorrectly implies that the Joint Board 

has yet to seek exemptions, and 

language such as the ‘‘the Joint Board 

seeks exemption’’ (§ 903.8(c)(2)(i), (ii), 

(iii), (iv), (v), and (vi)), which 

incorrectly implies that the Joint Board’s 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81455 

claims for exemptions are still pending, 

will be revised. 

e. Internal references will be 

corrected. 

These regulations are being published 

as a direct final rule because the 

amendments do not impose any 

requirements on any member of the 

public. These amendments are the most 

efficient means for the Joint Board to 

implement its internal requirements for 

complying with the Privacy Act. 

Accordingly, pursuant to 5 U.S.C. 

553(b)(3)(B), the Joint Board finds good 

cause that prior notice and other public 

procedures with respect to this rule are 

unnecessary, and good cause for making 

this direct final rule effective 90 days 

after publication in the Federal 

Register. 

Pursuant to Executive Order 12866, it 

has been determined that this direct 

final rule is not a significant regulatory 

action, and therefore, does not require a 

regulatory impact analysis. 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act, 5 

U.S.C. 601–612, do not apply. 

List of Subjects in 20 CFR Part 903 

Access to Records. 

Adoption of Amendments to the 

Regulations 

■ Accordingly, 20 CFR part 903 is 

amended as follows: 

PART 903—ACCESS TO RECORDS 

■ 1. The authority citation for 20 CFR 

part 903 continues to read as follows: 

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

■ 2. Section 903.8, is amended by: 

■ a. Revising paragraph (a); 

■ b. Revising paragraph (b); 

■ c. Revising the last sentence of 

paragraph (c)(2)(i); 

■ d. Revising the last sentence of 

paragraph (c)(2)(ii); 

■ e. Amending paragraph (c)(2)(iii) by 

removing the reference ‘‘the preceding 

subparagraph (2)(B)’’ and by adding in 

its place, the reference ‘‘the preceding 

subsection (2)(ii)’’; 

■ f. Revising the last sentence of 

paragraph (c)(2)(iii); 

■ g. Amending paragraph (c)(2)(iv) by 

removing the reference ‘‘the preceding 

subparagraph (2)(B)’’ and by adding in 

its place the reference ‘‘the preceding 

subsection (2)(ii)’’; 

■ g. Amending paragraph (c)(2)(iv) by 

removing the reference ‘‘afforded by 

subsections (c)(4)(G)’’ and by adding in 

its place the reference ‘‘afforded by 

subsections (e)(4)(G)’’; and 

■ h. Revising the last sentence of 

paragraphs (c)(2)(iv), (c)(2)(v), and 

(c)(2)(vi). 

The revisions read as follows: 

§ 903.8 Exemptions. 

(a) Names of systems: JBEA–2, 

Enrolled Actuary Disciplinary Records; 

and JBEA–4, Enrolled Actuary 

Enrollment Records. 

(b) Provisions from which exempted: 

These systems contain records 

described in section (k)(2) of the Privacy 

Act of 1974, 5 U.S.C. 552a(k)(2). 

Exemptions are claimed for such 

records only where appropriate from the 

following provisions: sections (c)(3); (d); 

(e)(1); (e)(4)(G), (e)(4)(H), and (e)(4)(I); 

and (f) of 5 U.S.C. 552a. 

(c) * * * 

(2) * * * 

(i) * * * For these reasons, the Joint 

Board claims exemption from the 

requirements of subsection (c)(3) of the 

Act. 

(ii) * * * For these reasons, the Joint 

Board claims exemptions from the 

requirements of subsections (d)(1), 

(e)(4)(H), and (f)(2), (3), and (5) of the 

Act. 

(iii) * * * Therefore, the Joint Board 

claims exemptions from the 

requirements of subsections (d)(2), (3), 

and (4), (e)(4)(H), and (f)(4). 

(iv) * * * For these reasons, the Joint 

Board claims exemptions from the 

requirements of subsections (e)(4)(G) 

and (f)(1). 

(v) * * * For these reasons, the Joint 

Board claims exemption from the 

requirements of subsection (e)(1). 

(vi) * * * For these reasons, the Joint 

Board claims exemption from the 

requirements of subsection (e)(4)(I). 

Dated: November 4, 2010. 

Carolyn E. Zimmerman, 

Chair, Joint Board for the Enrollment of 

Actuaries. 

[FR Doc. 2010–32165 Filed 12–27–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 510 and 522 

[Docket No. FDA–2010–N–0002] 

New Animal Drugs; Deslorelin 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of an original new animal drug 

application (NADA) filed by Thorn 

Bioscience LLC. The NADA provides for 

the use of deslorelin acetate injectable 

suspension in mares for inducing 

ovulation. 

DATES: This rule is effective December 

28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Amy L. Omer, Center for Veterinary 

Medicine (HFV–114), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8336, email: amy.omer@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Thorn 

Bioscience LLC, 1044 East Chestnut St., 

Louisville, KY 40204, filed NADA 141– 

319 that provides for use of 

SUCROMATE Equine (deslorelin 

acetate), an injectable suspension, in 

mares for inducing ovulation. The 

NADA is approved as of November 5, 

2010, and the regulations are amended 

in 21 CFR 522.533 to reflect the 

approval. 

In addition, Thorn Bioscience LLC 

has not been previously listed in the 

animal drug regulations as a sponsor of 

an approved application. Accordingly, 

21 CFR 510.600(c) is being amended to 

add entries for this firm. 

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and 21 CFR 514.11(e)(2)(ii), a 

summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 9 

a.m. and 4 p.m., Monday through 

Friday. 

The Agency has determined under 21 

CFR 25.33 that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

Under section 512(c)(2)(F)(ii) of the 

Federal Food, Drug, and Cosmetic Act 

(21 U.S.C. 360b(c)(2)(F)(ii)), this 

approval qualifies for 3 years of 

marketing exclusivity beginning on the 

date of approval. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects 

21 CFR Part 510 

Administrative practice and 

procedure, Animal drugs, Labeling, 

Reporting and recordkeeping 

requirements. 


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