Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38663 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Statement of Organization, Functions, 

and Delegations of Authority 

Part F of the Statement of 

Organization, Functions, and 

Delegations of Authority of the 

Department of Health and Human 

Services, Centers for Medicare & 

Medicaid Service (CMS), 68 FR 60694, 

dated October 23, 2003, is superseded to 

include the following delegation of 

authority from the Secretary to the 

Administrator, CMS, with the authority 

to redelegate, to carry out the following 

administrative and enforcement 

activities invested in the Secretary of 

the Department of Health and Human 

Services under part C, of title XI of the 

Social Security Act, as amended. 

• Section F.30., Delegations of 

Authority, is superseded to include the 

following delegation of authority for 

certain provisions under part C, of title 

XI of the Social Security Act. 

WW. 1. The authority under section 

262 of the Health Insurance Portability 

and Accountability Act of 1996 

(HIPAA), Public Law 104–191, as 

amended, except to the extent these 

actions pertain to the ‘‘Security 

Standards for the Protection of 

Electronic Protected Health 

Information,’’ or the ‘‘Standards for 

Privacy of Individually Identifiable 

Health Information’’ at 45 CFR, part 160 

and part 164, subparts A, C, and E to: 

A. Impose civil money penalties 

under section 1176 of the Social 

Security Act for a covered entity’s 

failure to comply with certain 

requirements and standards; 

B. Issue subpoenas requiring the 

attendance and testimony of witnesses 

and the production of any evidence that 

relates to any matter under investigation 

or compliance review for failure to 

comply with certain requirements and 

standards; and 

C. Make exception determinations, 

under section 1178(a)(2)(A) of the Social 

Security Act, concerning when 

provisions of State laws that are 

contrary to the Federal standards are not 

preempted by the Federal provisions. 

2. The authority under section 262 of 

HIPAA, Public Law 104–191, as 

amended, to administer and to make 

decisions regarding the interpretation, 

implementation and enforcement of the 

regulations adopting standards and 

general administrative requirements 

under 45 CFR, part 160 and part 162, 

except to the extent these actions 

pertain to the ‘‘Security Standards for 

the Protection of Electronic Protected 

Health Information,’’ or the ‘‘Standards 

for Privacy of Individually Identifiable 

Health Information’’ at 45 CFR, part 160 

and part 164, subparts A, C, and E. 

Exclusion to This Authority 

All actions under Part C of Title XI of 

the Social Security Act that pertain to 

‘‘Security Standards for the Protection 

of Electronic Protected Health 

Information’’ or the ‘‘Standards for 

Privacy of Individually Identifiable 

Health Information’’, were delegated by 

the Secretary to the Director, Office for 

Civil Rights, and are excluded from this 

delegation. This delegation to the 

Administrator also excludes the 

authority to issue regulations and to 

hold hearings and issue final 

determinations if the respondent has 

requested a hearing on the imposition of 

civil monetary penalties. This 

delegation shall be exercised under the 

Department’s existing delegation of 

authority and policy relating to 

regulations. 

This delegation supersedes the 

memorandum from the Secretary to the 

Administrator, Centers for Medicare & 

Medicaid Services, dated October 7, 

2003, titled ‘‘Delegation of Authority for 

Certain Provisions Under Part C of Title 

XI of the Social Security Act.’’ 

I hereby affirm and ratify any actions 

taken by the Administrator of CMS or 

his/her subordinates which involved the 

exercise of the authority delegated 

herein prior to the effective date of this 

delegation. 

This delegation is effective 

immediately. 

Dated: July 27, 2009. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. E9–18561 Filed 8–3–09; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Agency Information Collection 

Activities: Exportation of Used SelfPropelled Vehicles 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: 30-Day notice and request for 

comments; Extension of an existing 

information collection: 1651–0054. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) of the Department of 

Homeland Security has submitted the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act: Exportation of Used 

Self-Propelled Vehicles. This is a 

proposed extension of an information 

collection that was previously 

approved. CBP is proposing that this 

information collection be extended with 

no change to the burden hours. This 

document is published to obtain 

comments from the public and affected 

agencies. This proposed information 

collection was previously published in 

the Federal Register (74 FR 16227) on 

April 9, 2009, allowing for a 60-day 

comment period. This notice allows for 

an additional 30 days for public 

comments. This process is conducted in 

accordance with 5 CFR 1320.10. 

DATES: Written comments should be 

received on or before September 3, 

2009. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget. Comments should be addressed 

to the OMB Desk Officer for Customs 

and Border Protection, Department of 

Homeland Security, and sent via 

electronic mail to 

oira_submission@omb.eop.gov or faxed 

to (202) 395–5806. 

SUPPLEMENTARY INFORMATION: 

U.S. Customs and Border Protection 

(CBP) encourages the general public and 

affected Federal agencies to submit 

written comments and suggestions on 

proposed and/or continuing information 

collection requests pursuant to the 

Paperwork Reduction Act (Pub. L. 104– 

13). Your comments should address one 

of the following four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency/component, 

including whether the information will 

have practical utility; 

(2) Evaluate the accuracy of the 

agencies/components estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collections of information on those who 

are to respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

techniques or other forms of 

information. 

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