14814 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Notices 

3The FTC’s February 2005 study, ‘‘The Strength 

of Competition in the Rx Sale of Contact Lenses: An 

FTC Study,’’ cites various data that, averaged 

together, suggests that approximately 10% of 

contact lens sales are by online and mail-order 

sellers. The report is available online at http:// 

www.ftc.gov/reports/contactlens/ 

050214contactlensrpt.pdf. 

4Optometrist hourly wages are drawn from the 

Bureau of Labor Statistics (BLS) Occupational 

Employment and Statistics Survey, May 2005, 

based on BLS-sampled data it collected over a 3- 

year period. See http://www.bls.gov/news.release/ 

pdf/ocwage.pdf (Table 1). Relevant clerical hourly 

rates are unavailable from that survey, however, 

and are drawn instead from the BLS National 

Compensation Survey, June 2005 (with 2005 as the 

most recent whole year information available, and 

June the focal median point). See http:// 

www.bls.gov/ncs/ocs/sp/ncbl0832.pdf (Table 1.1). 

5The Vision Council of America and Jobson 

Optical Research have conducted large scale 

continuous consumer research under the name 

VisionWatch, which reports on the vision care 

industry. The basis for this statistic is on file with 

the Federal Trade Commission. 

1Commission Rule 4.2(d), 16 CFR 4.2(d). The 

comment must be accompanied by an explicit 

request for confidential treatment, including the 

factual and legal basis for the request, and must 

identify the specific portions of the comment to be 

withheld from the public record. The request will 

be granted or denied by the Commission’s General 

Counsel, consistent with applicable law and the 

public interest. See Commission Rule 4.9(c), 16 CFR 

4.9(c). 

Staff also believes that, based on its 

knowledge of the industry, this burden 

will fall primarily on mail order and 

Internet-based sellers of contact lenses, 

as they are the entities in the industry 

most reliant on obtaining or verifying 

contact lens prescriptions. Based on 

conversations with the industry, staff 

estimates that these entities currently 

account for approximately 10% of sales 

in the contact lens market 3 and, by 

extension, that approximately 3.8 

million consumers—10% of the 38 

million contact lens wearers in the 

United States—purchase their lenses 

from them. 

At an estimated five minutes per sale 

to each of 3.8 million consumers, 

contact lens sellers will spend a total of 

316,667 burden hours complying with 

the recordkeeping requirement. [(3.8 

million × 5 minutes)/60 minutes = 

316,667 hours] This estimate likely 

overstates the actual burden, however, 

because it includes the time spent by 

sellers who already keep records 

pertaining to contact lens sales in the 

ordinary course of business. In addition, 

the estimate may overstate the time 

spent by sellers to the extent that 

records (e.g., verification requests) are 

generated and stored automatically and 

electronically, which staff understands 

is the case for some larger online sellers. 

Estimated labor costs: $32,819,000 

(rounded to the nearest thousand). 

Commission staff derived labor costs 

by applying appropriate hourly cost 

figures to the burden hours described 

above. Staff estimates, based on its 

knowledge of the industry, that 

optometrists account for approximately 

75% of prescribers. Consequently, for 

simplicity, staff will focus on their 

average hourly wage in estimating 

prescribers’ labor cost burden. 

According to Bureau of Labor 

Statistics from May 2005, salaried 

optometrists earn an average wage of 

$45.91 per hour and clerical personnel 

earn an average of $11.82 per hour.4

With these categories of personnel, 

respectively, likely to perform the brunt 

of the disclosure and recordkeeping 

aspects of the Rule, estimated total labor 

cost attributable to the Rule would be 

approximately $32.8 million. [($45.91 × 

633,333 hours) + ($11.82 × 316,667 

hours) = $32,819,322] 

The contact lens market is a multibillion dollar market; one recent survey 

estimates that contact lens sales totaled 

$2.37 billion from Jan 1, 2006 to Dec 31, 

2006.5 Thus, the total labor cost burden 

estimate of $32.8 million represents 

approximately 1% of the overall market. 

Estimated annual non-labor cost 

burden: $0 or minimal. 

Staff believes that the Rule’s 

disclosure and recordkeeping 

requirements impose negligible capital 

or other non-labor costs, as the affected 

entities are likely to have the necessary 

supplies and/or equipment already (e.g., 

prescription pads, patients’ medical 

charts, facsimile machines and paper, 

telephones, and recordkeeping facilities 

such as filing cabinets or other storage). 

William Blumenthal, 

General Counsel. 

[FR Doc. E7–5819 Filed 3–28–07; 8:45 am] 

BILLING CODE 6750–01–P 

FEDERAL TRADE COMMISSION 

Privacy Act of 1974; System of 

Records 

AGENCY: Federal Trade Commission 

(FTC). 

ACTION: Proposed routine use; request 

for public comment. 

SUMMARY: The FTC proposes to adopt a 

new routine use that would permit 

disclosure of FTC records governed by 

the Privacy Act when reasonably 

necessary to respond and prevent, 

minimize, or remedy harm that may 

result from an agency data breach or 

compromise. 

DATES: The deadline for public 

comments is April 30, 2007. Comments 

received after that date will be 

considered at the FTC’s discretion. 

ADDRESSES: Interested parties are 

invited to submit written comments. 

Comments should refer to ‘‘Privacy Act 

of 1974; System of Records: FTC File 

No. P072104’’ to facilitate the 

organization of comments. A comment 

filed in paper form should include this 

reference both in the text and on the 

envelope and should be mailed or 

delivered, with two complete copies, to 

the following address: Federal Trade 

Commission, Room H–135 (Annex H), 

600 Pennsylvania Ave., NW., 

Washington, DC 20580. The FTC is 

requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 

precautions. Moreover, because paper 

mail in the Washington area and at the 

Commission is subject to delay, please 

consider submitting your comments in 

electronic form, as prescribed below. 

However, if the comment contains any 

material for which confidential 

treatment is requested, it must be filed 

in paper form, and the first page of the 

document must be clearly labeled 

‘‘Confidential.’’ 1

Comments filed in electronic form 

should be submitted by following the 

instructions on the web-based form at 

https://secure.commentworks.com/ 

PrivacyAct1974. To ensure that the 

Commission considers an electronic 

comment, you must file it on the webbased form at the https:// 

secure.commentworks.com/ 

PrivacyAct1974 weblink. If this notice 

appears at www.regulations.gov, you 

may also file an electronic comment 

through that Web site. The Commission 

will consider all comments that 

regulations.gov forwards to it. 

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this matter as 

appropriate. All timely and responsive 

public comments will be considered by 

the Commission and will be available to 

the public on the FTC Web site, to the 

extent practicable, at www.ftc.gov. As a 

matter of discretion, the FTC makes 

every effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

Web site. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy at http://www.ftc.gov/ftc/ 

privacy.htm. 

FOR FURTHER INFORMATION CONTACT: Alex 

Tang, Attorney, FTC, Office of General 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Notices 14815 

Counsel, 600 Pennsylvania Ave. NW, 

Washington, DC 20580, 202–326–2447, 

atang@ftc.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, this document 

provides public notice that the FTC is 

proposing to adopt a new ‘‘routine use’’

that will apply to all FTC records 

systems covered by the Privacy Act of 

1974. The Act applies to agency systems 

of records about individuals that the 

agency maintains and retrieves by name 

or other personal identifier, such as its 

personnel and payroll systems and 

certain other FTC records systems. A list 

of the agency’s current Privacy Act 

records systems can be viewed on the 

FTC’s Web site at: http://www.ftc.gov/ 

foia/listofpasystems.htm. The new 

routine use would be added to 

Appendix 1, which describes routine 

uses that apply globally to all FTC 

Privacy Act records systems. See 57 FR 

45678 (1992), http://www.ftc.gov/foia/ 

sysnot/appendix1.pdf. 

This new routine use is needed in 

order to allow for disclosure of records 

to appropriate persons and entities for 

purposes of response and remedial 

efforts in the event of a breach of data 

contained in the protected systems. This 

routine use will facilitate an effective 

response to a confirmed or suspected 

breach by allowing for disclosure to 

individuals affected by the breach, in 

cases, if any, where such disclosure is 

not otherwise authorized under the Act. 

This routine use will also authorize 

disclosures to others who are in a 

position to assist in response efforts, 

either by assisting in notification to 

affected individuals or otherwise 

playing a role in preventing, 

minimizing, or remedying harms from 

the breach. 

The Privacy Act authorizes the agency 

to adopt routine uses that are consistent 

with the purpose for which information 

is collected and subject to that Act. 5 

U.S.C. 552a(b)(3); see also 5 U.S.C. 

552a(a)(7). The FTC believes that it is 

consistent with the collection of 

information pertaining to such 

individuals to disclose Privacy Act 

records when, in doing so, it will help 

prevent, minimize or remedy a data 

breach or compromise that may affect 

such individuals. By contrast, the FTC 

believes that failure to take reasonable 

steps to help prevent, minimize the 

harm that may result from such a breach 

or compromise would jeopardize, rather 

than promote, the privacy of such 

individuals. Accordingly, the 

Commission concludes that it is 

authorized under the Privacy Act to 

adopt a routine use permitting 

disclosure of Privacy Act records for 

such purposes. 

In accordance with the Privacy Act, 

see 5 U.S.C. 552a(e)(4) and (11), the FTC 

is publishing notice of this routine use 

and giving the public a 30-day period to 

comment before adopting it as final. The 

FTC is also providing at least 40 days 

advance notice of this proposed system 

notice amendment to OMB and the 

Congress, as required by the Act, 5 

U.S.C. 552a(r), and OMB Circular A–

130, Revised, Appendix I. We note that 

the text of this routine use is taken from 

the routine use that has already been 

published in final form by the 

Department of Justice after public 

comment. See 72 FR 3410 (Jan. 25, 

2007). Similarly, after taking into 

account comments, if any, received by 

the FTC, the FTC intends to publish its 

proposed routine use as final after the 

period for OMB and Congressional 

review is complete, including whatever 

revisions may be deemed appropriate or 

necessary, if any. 

Accordingly, the FTC hereby proposes 

to amend Appendix 1 of its Privacy Act 

system notices, as published at 57 FR 

45678, by adding the following new 

routine use at the end of the existing 

routine uses set forth in that Appendix: 

* * * * * 

To appropriate agencies, entities, and 

persons when (1) the FTC suspects or 

has confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) the FTC has 

determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

FTC or another agency or entity) that 

rely upon the compromised 

information; and (3) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

in connection with the FTC’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E7–5821 Filed 3–28–07; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the National Coordinator for 

Health Information Technology; 

American Health Information 

Community Chronic Care Workgroup 

Meeting 

ACTION: Announcement of meeting. 

SUMMARY: This notice announces the 

14th meeting of the American Health 

Information Community Chronic Care 

Workgroup in accordance with the 

Federal Advisory Committee Act (Pub. 

L. 92–463, 5 U.S.C., App.). 

DATES: April 26, 2007, from 1 p.m. to 4 

p.m. Eastern Daylight Time. 

ADDRESSES: Mary C. Switzer Building 

(330 C Street, SW., Washington, DC 

20201), Conference Room 4090. Please 

bring photo ID for entry to a Federal 

building. 

FOR FURTHER INFORMATION CONTACT: 

http://www.hhs.gov/healthit/ahic/ 

chroniccare/. 

SUPPLEMENTARY INFORMATION: The 

Workgroup will continue its discussion 

on ways to deploy widely available, 

secure technologies solutions for remote 

monitoring and assessment of patients 

and for communication between 

clinicians about patients. 

The meeting will be available via Web 

cast. For additional information, go to: 

http://www.hhs.gov/healthit/ahic/ 

chroniccare/cc_instruct.htm. 

Dated: March 22, 2007. 

Judith Sparrow, 

Director, American Health Information 

Community, Office of Programs and 

Coordinator, Office of the National 

Coordinator for Health Information 

Technology. 

[FR Doc. 07–1539 Filed 3–28–07; 8:45 am] 

BILLING CODE 4150–24–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the National Coordinator for 

Health Information Technology; 

American Health Information 

Community Population Health and 

Clinical Care Connections Workgroup 

Meeting 

ACTION: Announcement of meeting. 

SUMMARY: This notice announces the 

15th meeting of the American Health 

Information Community Population 

Health and Clinical Care Connections 

Workgroup [formerly Biosurveillance 

Workgroup] in accordance with the 

Federal Advisory Committee Act (Pub. 

L. 92–463, 5 U.S.C., App.). 


jlentini on PROD1PC65 with NOTICES