Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Proposed Rules 29289 

TABLE 1.—MACT STANDARDS, SOURCE CATEGORIES, AND CORRESPONDING NAICS AND MACT CODES ADDRESSED BY

THIS ANPRM—Continued 

MACT standard/source category name NAICS 

code 

MACT 

code 

Group I Polymers and Resins: 

Epichlorohydrin Elastomers Production ........................................................................................................................... 325212 1311 

HypalonTM Production ...................................................................................................................................................... 325212 1315 

Nitrile Butadiene Rubber Production ................................................................................................................................ 325212 1321 

Polybutadiene Rubber Production .................................................................................................................................... 325212 1325 

Styrene-Butadiene Rubber and Latex Production ........................................................................................................... 325212 1339 

Group IV Polymers and Resins: 

Acrylic-Butadiene-Styrene Production .............................................................................................................................. 325211 1302 

Methyl Methacrylate-Acrylonitrile-Butadiene-Styrene Production .................................................................................... 325211 1317 

Methyl Methacrylate-Butadiene-Styrene Production ........................................................................................................ 325211 1318 

Nitrile Resins Production .................................................................................................................................................. 325211 1342 

Polyethylene Terephthalate Production ........................................................................................................................... 325211 1328 

Polystyrene Production ..................................................................................................................................................... 325211 1331 

Styrene-Acrylonitrile Production ....................................................................................................................................... 325211 1338 

Primary Aluminum Reduction Plants ....................................................................................................................................... 331312 0201 

Printing and Publishing Industry .............................................................................................................................................. 32311 0714 

Shipbuilding and Ship Repair Operations ............................................................................................................................... 336611 0715 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of today’s notice will be 

available on the WWW through the 

Technology Transfer Network (TTN). 

Following the Assistant Administrator’s 

signature, a copy of this notice will be 

posted on TTN’s policy and guidance 

page for newly proposed or promulgated 

rules at http://www.epa.gov/ttn/oarpg. 

The TTN provides information and 

technology exchange in various areas of 

air pollution control. Additional 

information is available on the Risk and 

Technology Review Phase II webpage at 

http://www.epa.gov/ttn/atw/rrisk/ 

rtrpg.html. This information includes 

source category descriptions and 

detailed emissions and other data that 

will be used as model inputs. 

Comment Period 

We received 15 requests to extend the 

public comment period on the advance 

notice of proposed rulemaking for the 

Risk and Technology Review, Phase II, 

Group 2 (72 FR 14734, March 29, 2007). 

We are extending the comment period 

to June 29, 2007, for all source 

categories except Petroleum Refineries. 

EPA is under a court-ordered deadline 

to propose action on the technology 

review for this source category by 

August 22, 2007. All comments for 

Petroleum Refineries must be received 

by May 29, 2007. Public comments must 

be received on or before June 29, 2007 

for all other source categories. 

How can I get copies of the proposed 

amendments and other related 

information? 

EPA has established the official 

public docket for the proposed 

rulemaking under Docket ID No. EPA–

HQ–OAR–2006–0859. Information on 

how to access the docket is presented 

above in the ADDRESSES section. In 

addition, information may be obtained 

from the Web page for the proposed 

rulemaking at: http://www.epa.gov/ttn/ 

atw/rrisk/rtrpg.html. 

Dated: May 18, 2007. 

William L. Wehrum, 

Acting Assistant Administrator for Air and 

Radiation. 

[FR Doc. E7–10128 Filed 5–24–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

45 CFR Part 5b 

[CMS–0029–P] 

RIN 0938–A069 

Exemption of Certain Systems of 

Records Under the Privacy Act 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

exempt the four system of records from 

subsections (c)(3), (d)(1) through (d)(4), 

(e)(4)(G) and (H), and (f) of the Privacy 

Act pursuant to 5 U.S.C. 552a(k)(2): The 

Automated Survey Processing 

Environment (ASPEN) Complaint/ 

Incidents Tracking System (‘‘ACTS’’), 

HHS/CMS, System No. 09–70–0565; the 

Health Insurance Portability and 

Accountability Act (HIPAA) Information 

Tracking System (‘‘HITS’’), HHS/CMS, 

System No. 09–70–0544; the Organ 

Procurement Organizations System 

(‘‘OPOS’’), HHS/CMS, System No. 09–

70–0575; and the Fraud Investigation 

Database (‘‘FID’’), HHS/CMS, System 

No. 09–70–0527. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on July 24, 2007. 

ADDRESSES: In commenting, please refer 

to file code CMS–0029–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (Fax) 

transmission. 

You may submit comments in one of 

four ways (no duplicates, please): 

1. Electronically. You may submit 

electronic comments on specific issues 

in this regulation to http:// 

www.cms.hhs.gov/eRulemaking. Click 

on the link ‘‘Submit electronic 

comments on CMS regulations with an 

open comment period.’’ (Attachments 

should be in Microsoft Word, 

WordPerfect, or Excel; however, we 

prefer Microsoft Word.) 

2. By regular mail. You may mail 

written comments (one original and two 

copies) to the following address Only: 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Attention: CMS–0029–

P, P.O. Box 8017, Baltimore, MD 21244–

8017. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments (one 

original and two copies) to the following 

address Only: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–0029–P, Mail Stop C4–26–05, 


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29290 Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Proposed Rules 

7500 Security Boulevard, Baltimore, MD 

21244–1850. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments (one original 

and two copies) before the close of the 

comment period to one of the following 

addresses. If you intend to deliver your 

comments to the Baltimore address, 

please call telephone number (410) 786–

7195 in advance to schedule your 

arrival with one of our staff members. 

Room 445–G, Hubert H. Humphrey 

Building, 200 Independence Avenue, 

SW., Washington, DC 20201; or 7500 

Security Boulevard, Baltimore, MD 

21244–1850. 

(Because access to the interior of the 

HHH Building is not readily available to 

persons without Federal Government 

identification, commenters are 

encouraged to leave their comments in 

the CMS drop slots located in the main 

lobby of the building. A stamp-in clock 

is available for persons wishing to retain 

a proof of filing by stamping in and 

retaining an extra copy of the comments 

being filed.) 

Comments mailed to the addresses 

indicated as appropriate for hand or 

courier delivery may be delayed and 

received after the comment period. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Brewer, (410) 786–7235. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments: We welcome 

comments from the public on all issues 

set forth in this rule to assist us in fully 

considering issues and developing 

policies. You can assist us by 

referencing the file code CMS–0029–P 

and the specific ‘‘issue identifier’’ that 

precedes the section on which you 

choose to comment. 

Inspection of Public Comments: All 

comments received before the close of 

the comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post all comments 

received before the close of the 

comment period on the following Web 

site as soon as possible after they have 

been received: http://www.cms.hhs.gov/ 

eRulemaking. Click on the link 

‘‘Electronic Comments on CMS 

Regulations’’ on that Web site to view 

public comments. 

Comments received timely will also 

be available for public inspection as 

they are received, generally beginning 

approximately 3 weeks after publication 

of a document, at the headquarters of 

the Centers for Medicare & Medicaid 

Services, 7500 Security Boulevard, 

Baltimore, Maryland 21244, Monday 

through Friday of each week from 8:30 

a.m. to 4 p.m. To schedule an 

appointment to view public comments, 

phone 1–800–743–3951. 

I. Background 

The four SORs that are the subject of 

this proposed rule are as follows: 

A. The Automated Survey Processing 

Environment Complaints/Incidents 

Tracking System (‘‘ACTS’’), HHS/CMS, 

System No. 09–70–0565. 

In the May 23, 2006 Federal Register 

(71 FR 29643), we published a notice of 

a modified or altered SOR titled 

Automated Survey Processing 

Environment (ASPEN) Complaint/ 

Incidents Tracking System (‘‘ACTS’’), 

HHS/CMS, System No. 09–70–0565. 

ACTS is a Windows-based program 

whose primary purpose is to track and 

process complaints and incidents 

reported against health care facilities 

regulated by CMS and State agencies. 

These facilities include Clinical 

Laboratory Improvement Amendment 

(CLIA)-certified laboratories, skilled 

nursing facilities (SNFs), nursing 

facilities, hospitals, home health 

agencies, end stage renal disease (ESRD) 

facilities, hospices, rural health clinics, 

comprehensive outpatient rehabilitation 

facilities (CORFs), outpatient physical 

therapy services, community mental 

health centers, ambulatory surgical 

centers, suppliers of portable x-ray 

services, and intermediate care facilities 

for persons with mental retardation. 

ACTS is designed to manage all 

operations associated with complaint 

and incident tracking and processing, 

from initial intake and investigation 

through the final disposition. 

B. The Health Insurance Portability and 

Accountability Act (HIPAA) Information 

Tracking System (‘‘HITS’’), HHS/CMS, 

System No. 09–70–0544. 

In the July 6, 2005 issue of the 

Federal Register (70 FR 38944), we 

published a notice of a new SOR titled 

Health Insurance Portability and 

Accountability Act (HIPAA) Information 

Tracking System (‘‘HITS’’), HHS/CMS, 

System No. 09–70–0544. In general, 

HITS consists of an electronic repository 

of information, documents, and 

supplementary paper document files. 

HITS’ purpose is to store the results of 

all of our investigations, to determine if 

there were violations as charged in the 

original complaint, to investigate 

complaints that appear to be in violation 

of the Transactions and Code Sets, 

Security, and Unique Identifier 

provisions of HIPAA, to refer violations 

to law enforcement entities as 

necessary, and to maintain and retrieve 

records of the results of the complaint 

investigations. 

Investigative files maintained in HITS 

are received either as electronic 

documents or as paper records that are 

compiled for law enforcement purposes. 

C. The Organ Procurement 

Organizations System (‘‘OPOS’’), HHS/ 

CMS, System No. 09–70–0575. 

In the May 22, 2006 issue of the 

Federal Register (71 FR 29336), we 

published a notice of a new SOR titled 

Organ Procurement Organizations 

System (‘‘OPOS’’), HHS/CMS, System 

No. 09–70–0575. OPOS is a Windowsbased program whose purpose is to 

track and process complaints and 

incidents reported against Organ 

Procurement Organizations. Section 701 

of the Organ Procurement Organization 

System Certification Act of 2000 (Pub. 

L. 106–505) gave us the authority to 

collect and maintain individually 

identifiable information pertaining to 

complaint allegations filed by a 

complainant, beneficiary, or provider of 

services against Organ Procurement 

Organizations; this information includes 

information gathered during all aspects 

of an investigation, including initial 

complaints, findings, results, 

disposition, and relevant 

correspondence. 

D. The Fraud Investigation Database 

(‘‘FID’’), HHS/CMS, System No. 09–70– 

0527 

In the October 28, 2002 Federal 

Register (70 FR 65795), we published a 

notice of a modified or altered system of 

records (SOR) that changed the name of 

a SOR entitled ‘‘CMS Utilization Review 

Investigatory Files, System No. 09–70–

0527’’ to be the ‘‘CMS Fraud 

Investigation Database (FID).’’ The FID 

system contains the name, work 

address, work phone number, social 

security number, Unique Provider 

Identification Number (UPIN), and other 

identifying demographics of individuals 

alleged to have violated provisions of 

the Social Security Act (‘‘the Act’’) 

related to Medicare, Medicaid, HMO/ 

Managed Care, and the Children’s 

Health Insurance Program. The FID 

system also contains the contact 

information and other identifying 

demographics of individuals alleged to 

have violated other criminal or civil 

statutes connected with the Act and the 

Act’s programs. Here, individuals are 

persons alleged to have abused the Act’s 

programs. (For example, an individual 

could be a person alleged to have 

rendered unnecessary services to 

Medicare beneficiaries or Medicaid 

recipients, over-used services, or 

engaged in improper billing.) They are 


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Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Proposed Rules 29291 

persons whose activities have provided 

a substantial basis for criminal or civil 

prosecution, or who are identified as 

defendants in criminal prosecution 

cases. 

II. Provisions of the Proposed Rule 

We propose to exempt the ACTS, 

HITS, OPOS, and FIS systems of records 

from subsection (c)(3), (d)(1) through 

(d)(4), (e)(4)(G) and (H), and (f) of the 

Privacy Act pursuant to 5 U.S.C. 

552a(k)(2). These exemptions apply 

only to the extent that information in a 

record is subject to exemption pursuant 

to 5 U.S.C. 552a(k)(2). The ACTS, HITS, 

OPOS, and FIS systems of records are 

exempted from the following 

subsections for the reasons set forth 

below: 

• Subsection (c)(3). CMS investigative 

files are records that we compile for law 

enforcement purposes. In the course of 

investigations, we often have a need to 

obtain confidential information 

involving individuals other than the 

individual who is the subject of the file. 

In these cases, it is necessary for us to 

preserve the confidentiality of the 

information to avoid unwarranted 

invasions of personal privacy and to 

assure recipients of Federal financial 

assistance that this information will be 

kept confidential. This assurance is 

often central to resolving disputes 

concerning access by CMS to the 

recipient’s records, and is necessary to 

facilitate prompt and effective 

completion of investigations. Disclosure 

of confidential information to the 

subject individual could impede 

ongoing investigations, invade the 

personal privacy of individuals, reveal 

the identities of confidential sources, or 

otherwise impair our ability to conduct 

investigations. 

• Subsections (d)(1) through (d)(4). 

CMS investigative files are records that 

we compile for law enforcement 

purposes. In the course of 

investigations, we often have a need to 

obtain confidential information 

involving individuals other than the 

individual who is the subject of the file. 

In these cases, it is necessary for us to 

preserve the confidentiality of the 

information to avoid unwarranted 

invasions of personal privacy and to 

assure recipients of Federal financial 

assistance that this information will be 

kept confidential. This assurance is 

often central to resolving disputes 

concerning access by CMS to the 

recipient’s records, and is necessary to 

facilitate prompt and effective 

completion of investigations. 

Unrestricted disclosure of confidential 

information in CMS files could impede 

ongoing investigations, invade the 

personal privacy of individuals, reveal 

the identities of confidential sources, or 

otherwise impair our ability to conduct 

investigations. 

• Subsection (e)(4)(G). CMS 

investigative files are records that we 

compile for law enforcement purposes. 

In the course of investigations, we often 

have a need to obtain confidential 

information involving individuals other 

than the individual who is the subject 

of the file. In these cases, it is necessary 

for us to preserve the confidentiality of 

the information to avoid unwarranted 

invasions of personal privacy and to 

assure recipients of Federal financial 

assistance that this information will be 

kept confidential. This assurance is 

often central to resolving disputes 

concerning access by CMS to the 

recipient’s records, and is necessary to 

facilitate prompt and effective 

completion of investigations. 

Notification of existence of CMS 

investigative files could impede ongoing 

investigations, invade the personal 

privacy of individuals, reveal the 

identities of confidential sources, or 

otherwise impair our ability to conduct 

investigations. 

• From subsection (e)(4)(H). CMS 

investigative files are records that we 

compile for law enforcement purposes. 

In the course of investigations, we often 

have a need to obtain confidential 

information involving individuals other 

than the individual who is the subject 

of the file. In these cases, it is necessary 

for us to preserve the confidentiality of 

the information to avoid unwarranted 

invasions of personal privacy and to 

assure recipients of Federal financial 

assistance that this information will be 

kept confidential. This assurance is 

often central to resolving disputes 

concerning access by CMS to the 

recipient’s records, and is necessary to 

facilitate prompt and effective 

completion of investigations. Access 

and correction by subject individuals to 

CMS files could impede ongoing 

investigations, invade the personal 

privacy of individuals, reveal the 

identities of confidential sources, or 

otherwise impair our ability to conduct 

investigations. 

• Subsection (f). CMS investigative 

files are records that we compile for law 

enforcement purposes. In the course of 

investigations, we often have a need to 

obtain confidential information 

involving individuals other than the 

individual who is the subject of the file. 

In these cases, it is necessary for us to 

preserve the confidentiality of the 

information to avoid unwarranted 

invasions of personal privacy and to 

assure recipients of Federal financial 

assistance that this information will be 

kept confidential. This assurance is 

often central to resolving disputes 

concerning access by CMS to the 

recipient’s records, and is necessary to 

facilitate prompt and effective 

completion of investigations. 

Unrestricted disclosure of confidential 

information in CMS files to subject 

individuals could impede ongoing 

investigations, invade the personal 

privacy of individuals, reveal the 

identities of confidential sources, or 

otherwise impair our ability to conduct 

investigations. 

Accordingly, this proposed rule 

would amend 45 CFR 5b.11(b)(2)(ii) of 

the Privacy Act regulations by—

• Adding a new paragraph (H) that 

exempts investigative materials 

compiled for law enforcement purposes 

from ACTS; 

• Adding a new paragraph (I) that 

exempts investigative materials 

compiled for law enforcement purposes 

from HITS; 

• Adding a new paragraph (J) that 

exempts investigative materials 

compiled for law enforcement purposes 

from OPOS; and 

• Adding a new paragraph (K) that 

exempts investigative materials 

compiled for law enforcement purposes 

from FID. 

We request public comment on these 

proposed exemptions. 

III. Collection of Information 

Requirements 

This proposed rule does not impose 

any information collection or 

recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995. 

IV. Response to Comments 

Because of the large number of public 

comments we normally receive on 

Federal Register documents, we are not 

able to acknowledge or respond to them 

individually. We will consider all 

comments we receive by the date and 

time specified in the DATES section of 

this preamble, and, when we proceed 

with a subsequent document, we will 

respond to the comments in the 

preamble to that document. 

V. Regulatory Impact Statement 

We have examined the impact of this 

rule as required by Executive Order 

12866 (September 1993, Regulatory 

Planning and Review), the Regulatory 

Flexibility Act (RFA) (September 19, 

1980, Pub. L. 96–354), section 1102(b) of 

the Social Security Act, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4), and Executive Order 13132. 


cprice-sewell on PROD1PC71 with PROPOSALS
29292 Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Proposed Rules 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

if regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). A regulatory impact 

analysis (RIA) must be prepared for 

major rules with economically 

significant effects ($100 million or more 

in any 1 year). This rule does not reach 

the economic threshold and thus is not 

considered a major rule. 

The RFA requires agencies to analyze 

options for regulatory relief of small 

businesses. For purposes of the RFA, 

small entities include small businesses, 

nonprofit organizations, and small 

governmental jurisdictions. Most 

hospitals and most other providers and 

suppliers are small entities, either by 

nonprofit status or by having revenues 

of $6 million to $29 million in any 1 

year. Individuals and States are not 

included in the definition of a small 

entity. We are not preparing an analysis 

for the RFA because we have 

determined that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

In addition, section 1102(b) of the Act 

requires us to prepare a regulatory 

impact analysis if a rule may have a 

significant impact on the operations of 

a substantial number of small rural 

hospitals. This analysis must conform to 

the provisions of section 603 of the 

RFA. For purposes of section 1102(b) of 

the Act, we define a small rural hospital 

as a hospital that is located outside of 

a Metropolitan Statistical Area and has 

fewer than 100 beds. We are not 

preparing an analysis for section 1102(b) 

of the Act because we have determined 

that this rule will not have a significant 

impact on the operations of a substantial 

number of small rural hospitals. 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 also 

requires that agencies assess anticipated 

costs and benefits before issuing any 

rule whose mandates require spending 

in any 1 year of $100 million in 1995 

dollars, updated annually for inflation. 

That threshold level is currently 

approximately $120 million. This rule 

will have no consequential effect on 

State, local, or tribal governments or on 

the private sector. 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

Since this regulation does not impose 

any costs on State or local governments, 

the requirements of E.O. 13132 are not 

applicable. 

In accordance with the provisions of 

Executive Order 12866, this regulation 

was reviewed by the Office of 

Management and Budget. 

List of Subjects for 45 CFR Part 5b 

Privacy. 

For the reasons set forth in the 

preamble, the Department of Health and 

Human Services would amend 45 CFR 

part 5b as set forth below: 

PART 5b—PRIVACY ACT 

REGULATIONS 

1. The authority citation for part 5b 

continues to read as follows: 

Authority: 5 U.S.C. 301, 5 U.S.C. 552a. 

2. Section 5b.11 is revised by adding 

paragraphs (b)(2)(ii)(H), (I), (J), and (K) 

to read as follows: 

§ 5b.11 Exempt Systems 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(H) Investigative materials compiled 

for law enforcement purposes from the 

Automated Survey Processing 

Environment (ASPEN) Complaints/ 

Incidents Tracking System (‘‘ACTS’’), 

HHS/CMS. 

(I) Investigative materials compiled 

for law enforcement purposes from the 

Health Insurance Portability and 

Accountability Act (HIPAA) Information 

Tracking System (‘‘HITS’’), HHS/CMS. 

(J) Investigative materials compiled 

for law enforcement purposes from the 

Organ Procurement Organizations 

System (‘‘OPOS’’), HHS/CMS. 

(K) Investigative materials compiled 

for law enforcement purposes from the 

CMS Fraud Investigation Database 

(‘‘FID’’), HHS/CMS. 

* * * * * 

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

Dated: September 29, 2006. 

Mark B. McClellan, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: January 26, 2007. 

Michael O. Leavitt, 

Secretary. 

Editorial Note: This document was 

received at the Office of the Federal Register 

on Tuesday, May 22, 2007. 

[FR Doc. E7–10143 Filed 5–24–07; 8:45 am] 

BILLING CODE 4120–01–P 


cprice-sewell on PROD1PC71 with PROPOSALS