Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Notices 10537 

By the Office of Thrift Supervision. 

John M. Reich, 

Director. 

By the National Credit Union 

Administration on February 28, 2007. 

JoAnn M. Johnson, 

Chairman. 

[FR Doc. 07–1083 Filed 3–7–07; 8:45 am] 

BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P; 

6720–01–P; 7535–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Privacy Act of 1974; Retraction of a 

Modified System of Records 

AGENCY: Department of Health and 

Human Services (HHS), Centers for 

Medicare & Medicaid Services (CMS). 

ACTION: Notice of Retraction of a 

Modified System of Records. 

SUMMARY: The Centers for Medicare & 

Medicaid Services CMS inadvertently 

published a modification to its existing 

system of records titled ‘‘Medicare Drug 

Data Processing System (DDPS)’’ System 

No. 09–70–0553 in the Federal Register 

on Thursday, February 22, 2007 (72 FR 

7993). CMS is withdrawing the February 

22, 2007 modification to the DDPS 

system of records pending the 

conclusion of rulemaking that will 

support the routine uses of data 

contained in the system of records. The 

existing notice established at 70 FR 

58436 (October 6, 2005) will remain the 

effective notice for the DDPS system of 

records. 

FOR FURTHER INFORMATION CONTACT: 

Inquiries may be directed to: CMS 

Privacy Officer, Division of Privacy 

Compliance, Enterprise Architecture 

and Strategy Group, Office of 

Information Services, CMS, Room N2–

04–27, 7500 Security Boulevard, 

Baltimore, Maryland 21244–1850. He 

can also be reached at 410–786–5357 or 

by e-mail at walter.stone@cms.hhs.gov. 

Dated: February 28, 2007. 

William Saunders, 

Acting Deputy Director, Office of Information 

Services, Centers for Medicare & Medicaid 

Services. 

[FR Doc. E7–4133 Filed 3–7–07; 8:45 am] 

BILLING CODE 4120–03–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Privacy Act of 1974; Report of a 

Modified System of Records 

AGENCY: Department of Health and 

Human Services (HHS), Center for 

Medicare & Medicaid Services (CMS). 

ACTION: Notice of a Modified System of 

Records (SOR). 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

we are proposing to modify an existing 

system titled, ‘‘Medicare Learning 

Network (MLN) Registration and 

Product Ordering System (REPOS),’’ No. 

09–70–0542, most recently modified at 

68 FR 35897 (June 17, 2003). We 

propose to modify existing routine use 

number 1 that permits disclosure to 

agency contractors and consultants to 

include disclosure to CMS grantees who 

perform a task for the agency. CMS 

grantees, charged with completing 

projects or activities that require CMS 

data to carry out that activity, are 

classified separate from CMS 

contractors and/or consultants. The 

modified routine use will remain as 

routine use number 1. We will delete 

routine use number 2 authorizing 

disclosure to support constituent 

requests made to a congressional 

representative. If an authorization for 

the disclosure has been obtained from 

the data subject, then no routine use is 

needed. The Privacy Act allows for 

disclosures with the ‘‘prior written 

consent’’ of the data subject. 

Finally, we will delete the section 

titled ‘‘Additional Circumstances 

Affecting Routine Use Disclosures,’’ that 

addresses ‘‘Protected Health Information 

(PHI)’’ and ‘‘small cell size.’’ The 

requirement for compliance with HHS 

regulation ‘‘Standards for Privacy of 

Individually Identifiable Health 

Information’’ does not apply because 

this system does not collect or maintain 

PHI. In addition, our policy to prohibit 

release if there is a possibility that an 

individual can be identified through 

‘‘small cell size’’ is not applicable to the 

data maintained in this system. 

We are modifying the language in the 

routine uses to provide a proper 

explanation as to the need for the 

routine use and to provide clarity to 

CMS’s intention to disclose individualspecific information contained in this 

system. The routine uses will then be 

prioritized and reordered according to 

their usage. We will also take the 

opportunity to update any sections of 

the system that were affected by the 

recent reorganization or because of the 

impact of the Medicare Prescription 

Drug, Improvement, and Modernization 

Act of 2003 (MMA) (Pub. L. 108–173) 

provisions and to update language in 

the administrative sections to 

correspond with language used in other 

CMS SORs. 

The primary purpose of the system of 

records is to collect and maintain 

information on health care providers, 

and other individuals ordering provider 

educational materials who voluntarily 

register for computer/web-based 

training courses, satellite broadcasts and 

train-the-trainer sessions. Information in 

this system will also be used to: (1) 

support regulatory and policy functions 

performed within the Agency or by a 

contractor, consultant, or grantee; and 

(2) to support litigation involving the 

Agency related to this system. We have 

provided background information about 

the modified system in the 

SUPPLEMENTARY INFORMATION section 

below. Although the Privacy Act 

requires only that CMS provide an 

opportunity for interested persons to 

comment on the proposed routine uses, 

CMS invites comments on all portions 

of this notice. See EFFECTIVE DATES

section for comment period. 

DATES: Effective Date: CMS filed a 

modified SOR report with the Chair of 

the House Committee on Government 

Reform and Oversight, the Chair of the 

Senate Committee on Homeland 

Security & Governmental Affairs, and 

the Administrator, Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB) on 

February 7, 2007. To ensure that all 

parties have adequate time in which to 

comment, the modified system will 

become effective 30 days from the 

publication of the notice, or 40 days 

from the date it was submitted to OMB 

and the Congress, whichever is later. We 

may defer implementation of this 

system or one or more of the routine use 

statements listed below if we receive 

comments that persuade us to defer 

implementation. 

ADDRESSES: The public should address 

comments to: CMS Privacy Officer, 

Division of Privacy Compliance, 

Enterprise Architecture and Strategy 

Group, Office of Information Services, 

CMS, Room N2–04–27, 7500 Security 

Boulevard, Baltimore, Maryland 21244–

1850. Comments received will be 

available for review at this location, by 

appointment, during regular business 

hours, Monday through Friday from 9 

a.m.–3 p.m., Eastern Time zone. 

FOR FURTHER INFORMATION CONTACT: 

Mary Case, Technical Advisor, Division 


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