6026 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices 

Date: March 15, 2005. 

Time: 8 a.m. to 4 p.m. 

Agenda: Healthcare Information 

Technology Standards. 

Place: Hubert H. Humphrey Building, 

Room 800, 200 Independence Avenue, 

Washington, DC 20201. 

Contact Person: Ms. Dana Haza, Director, 

Commission on Systemic Interoperability, 

National Library of Medicine, National 

Institutes of Health, Building 38, Room 2N21, 

Bethesda, MD 20894. (301) 594–7520. 

Any interested person may file written 

comments with the committee by forwarding 

the statement to the Contact Person listed on 

this notice. The comments should include 

the name, address, telephone number and, 

when applicable, the business or professional 

affiliation of the interested person. 

In the interest of security, HHS has 

procedures for entrance into the building by 

non-government employees. Persons without 

a government I.D. will need to show a photo 

I.D. at the security desk upon entering the 

building.

Dated: January 28, 2005. 

Anna Snouffer, 

Deputy Director, Office of Federal Advisory 

Committee Policy.

[FR Doc. 05–2130 Filed 2–3–05; 8:45 am] 

BILLING CODE 4140–01–M

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

Prospective Grant of Exclusive 

License: Use of 3-deazaneplanocin A 

and Cyclopentenyl Cytosine for the 

Development of the Topical Treatment 

of Basal Cell Carcinoma and Resistant 

Herpes Simplex Virus Infections

AGENCY: National Institutes of Health, 

Public Health Service, HHS.

ACTION: Notice.

SUMMARY: This is notice, in accordance 

with 35 U.S.C. 209(c)(1) and 37 CFR 

404.7(a)(1)(i), that the National 

Institutes of Health (NIH), Department 

of Health and Human Services, is 

contemplating the grant of a an 

exclusive license to practice the 

invention embodied in: 

(1) U.S. Patent No. 4,968,690, issued 

Nov. 6, 1990, entitled ‘‘3-

DEAZANEPLANOCIN A AND METHOD 

OF PREPARATION’’ (E–493–1985/0–

US–02) (Inventors: Victor E. Marquez, 

John S. Driscoll, Mu–III Lim, 

Christopher K Tseng, Alberto Haces and 

Robert Glazer) (NCI), a continuation of 

prior application 867,583, filed May 27, 

1986, now abandoned. 

(2) U.S. Patent No. 4,975,434, issued 

Dec. 4, 1990, entitled ‘‘ANTIVIRAL 

AND ANTICANCER CYCLOPENTENYL 

CYTOSINE’’ (E–493–1985/1–US–01) 

(Inventors: Victor E. Marquez, John S. 

Driscoll, Mu–III Lim, Christopher K 

Tseng, Alberto Haces and Robert Glazer) 

(NCI), a continuation of prior 

application 867,583, filed May 27, 1986, 

now abandoned to GRX 

Pharmaceuticals (hereafter GRX), having 

a place of business in Marlboro, New 

Jersey. The patent rights in these 

inventions have been assigned to the 

United States of America.

DATES: Only written comments and/or 

application for a license, which are 

received by the NIH Office of 

Technology Transfer on or before April 

5, 2005, will be considered.

ADDRESSES: Requests for a copy of the 

patent application, inquiries, comments 

and other materials relating to the 

contemplated license should be directed 

to: Sally Hu, Ph.D., M.B.A., Office of 

Technology Transfer, National Institutes 

of Health, 6011 Executive Boulevard, 

Suite 325, Rockville, MD 20852–3804; email: hus@od.nih.gov; telephone: (301) 

435–5606; Facsimile: (301) 402–0220.

SUPPLEMENTARY INFORMATION: The 

technology described in E–493–1985/0–

US–02 relates to antiviral and cancer 

chemotherapy and, more particularly, to 

the compound 3-deazaneplanocin A and 

related compounds and a method of 

preparation thereof, as well as the 

methods of preparation of a great variety 

of unsaturated (cyclopentenyl) 

carbocyclic nucleosides. 

The technology described in E–493–

1985/1–US–01 relates to antiviral and 

cancer chemotherapy and, more 

particularly, to cyclopentenyl 

pyrimidines which can be used for 

antiviral and cancer chemotherapy, as 

well as to methods of preparation of 

these compounds. 

The prospective exclusive license will 

be royalty bearing and will comply with 

the terms and conditions of 35 U.S.C. 

209 and 37 CFR 404.7. The prospective 

exclusive license may be granted unless, 

within 60 days from the date of this 

published Notice, NIH receives written 

evidence and argument that establishes 

that the grant of the license would not 

be consistent with the requirements of 

35 U.S.C. 209 and 37 CFR 404.7. 

The field of use may be limited to the 

development of the topical treatment of 

basal cell carcinoma and resistant 

herpes simplex virus infections. 

Properly filed competing applications 

for a license filed in response to this 

notice will be treated as objections to 

the contemplated license. Comments 

and objections submitted in response to 

this notice will not be made available 

for public inspection, and, to the extent 

permitted by law, will not be released 

under the Freedom of Information Act, 

5 U.S.C. 552.

Dated: January 21, 2005. 

Mark L. Rohrbaugh, 

Director, Office of Technology Transfer, 

National Institutes of Health.

[FR Doc. 05–2126 Filed 2–3–05; 8:45 am] 

BILLING CODE 4140–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Construction and Operation of the 

National Biodefense Analysis and 

Countermeasures Center (NBACC) 

Facility by the Department of 

Homeland Security at Fort Detrick, 

Maryland: Record of Decision

AGENCY: Science and Technology 

Directorate, Department of Homeland 

Security.

ACTION: Notice.

SUMMARY: In keeping with the purposes 

of the National Environmental Policy 

Act (NEPA), the Department of 

Homeland Security (DHS), in 

cooperation with the United States 

Army Garrison, Fort Detrick, decided on 

January 26, 2005, after completion of the 

Final Environmental Impact Statement 

(FEIS) and a thorough consideration of 

public comments, to implement the 

Preferred Alternative in the FEIS. This 

action involves the construction and 

operation of the National Biodefense 

Analysis and Countermeasures Center 

Facility by DHS on a site adjacent to 

existing U.S. Army Medical Research 

Institute of Infectious Diseases facilities 

at Fort Detrick, Maryland. The notice of 

availability of the Draft Environmental 

Impact Statement is at 69 FR 56075 and 

the notice of intent to prepare an 

Environmental Impact Statement is at 

69 FR 31830.

ADDRESSES: Copies of the Final EIS and 

this Record of Decision may be obtained 

by calling or mailing a request to: Dr. 

Kevin Anderson, Department of 

Homeland Security, 7435 New 

Technology Way, Suite A, Frederick, 

Maryland, 21703, by telephone (301) 

846–2156, fax (301) 682–3662 or e-mail 

kevin.anderson@dhs.gov. The Final EIS 

and this Record of Decision are 

available at http://

www.detrick.army.mil/.

FOR FURTHER INFORMATION CONTACT:

Questions regarding the Final EIS or this 

Record of Decision can be submitted by 

calling or mailing them to Dr. Kevin 

Anderson at the above phone number or 

address.

SUPPLEMENTARY INFORMATION: 

Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices 6027

Record of Decision 

Background 

The Department of Homeland 

Security, DHS, and the United States 

Army Garrison, Fort Detrick 

(Cooperating Agency), have decided, 

after completion of the Final 

Environmental Impact Statement (FEIS) 

and a thorough consideration of public 

comments, to implement Alternative I 

(the Proposed Action), which was 

identified as the Preferred Alternative in 

the FEIS. This action involves the 

construction and operation of the 

National Biodefense Analysis and 

Countermeasures Center (NBACC) 

Facility by DHS on a site adjacent to 

existing U.S. Army Medical Research 

Institute of Infectious Diseases 

(USAMRIID) facilities at Fort Detrick, 

Maryland. 

The Biological Threat 

Characterization Center (BTCC) and the 

National Bioforensics Analysis Center 

(NBFAC), both components of DHS, will 

occupy the NBACC Facility, which will 

contain Biosafety Level (BSL) 2, 3, and 

4 laboratory and animal research 

facilities for conducting studies with 

disease-causing microbes which spread 

through the air or have an unknown 

cause. NBACC’s biodefense mission is 

different from, but complementary to, 

those of USAMRIID and the National 

Institutes of Health (NIH) Integrated 

Research Facility (IRF), currently under 

construction at an adjoining site. 

Alternatives Considered 

Two alternatives were identified and 

evaluated in detail in the FEIS. They are 

Alternative I, the Proposed Action, and, 

Alternative II, No Action. 

Implementation of the Proposed Action 

may result in negligible to minor 

adverse impacts to the physical, 

biological, and socioeconomic 

environment. In instances where 

unavoidable minor adverse 

environmental impacts are anticipated, 

mitigation measures to lessen the 

negative effects have been identified. 

Under the No-Action Alternative, DHS 

would not build the NBACC Facility, 

and the potential negligible to minor 

adverse impacts associated with the 

Proposed Action would not occur. 

Although the No-Action Alternative 

would be environmentally preferable, 

its implementation would not address 

the needs of DHS for BSL 3, and 4 

laboratory and animal research 

facilities. 

Three additional alternatives for 

construction and operation of the 

NBACC Facility by DHS were identified 

but rejected as unreasonable and, 

therefore, were not evaluated in detail 

in the FEIS. These are: (1) Construction 

and Operation of the NBACC Facility by 

DHS at Another Location within Fort 

Detrick (Alternative III); (2) 

Construction and Operation of the 

NBACC Facility by DHS on an Existing 

Government-owned Property Outside 

Fort Detrick (Alternative IV); and (3) 

Construction and Operation of the 

NBACC Facility by DHS on a Currently 

Privately-owned Property Outside Fort 

Detrick (Alternative V). The rejected 

alternatives, along with the reasons for 

their elimination, are described below. 

Factors Involved in the Decision 

It was determined that the Proposed 

Action best satisfies DHS’s needs for 

BSL–3 and BSL–4 laboratory and animal 

facilities for BTCC research and for 

support of operations in NBFAC. It is in 

accord with Fort Detrick’s Installation 

Master Plan and conforms to USAG’s 

planning and environmental policies. 

The construction and operational 

phases of the project will have no 

significant, non-mitigable, adverse 

environmental impacts and will result 

in negligible to minor risks to health 

and safety of the public and the 

workforce. 

The potential adverse impacts were 

deemed to be mitigable through 

compliance with existing regulatory 

requirements, application of Best 

Management Practices (BMPs), and 

adherence to construction contract 

requirements. DHS will incorporate 

operational and safety safeguards in the 

facility to protect laboratory workers 

and local residents from possible 

harmful health and safety effects related 

to the operation of the facility. 

Operation of the NBACC Facility will 

not adversely impact City of Frederick 

residents.

None of the other alternatives 

examined in the EIS, including the NoAction Alternative, would be better 

suited to the needs of DHS. Moreover, 

the Proposed Action allows DHS to 

address a critical national shortage in 

BSL–4 facilities and fits the critical 

characteristics for location in or near the 

National Capital area and co-location 

with existing BSL–3 and BSL–4 

laboratories and associated existing 

specialized supporting infrastructure for 

biocontainment facility operations, 

including response and security 

services. 

Although options to locate the 

NBACC Facility on an alternate site at 

Fort Detrick (Alternative III) were also 

considered during the scoping process 

for the EIS, this is not consistent with 

Fort Detrick land use planning. 

Moreover, in comparison to the 

Proposed Action, it would be more 

distant from the existing USAMRIID 

facilities and the NIH IRF now under 

construction, and therefore, less 

favorable for utilization of existing 

infrastructure and for synergy among 

personnel of the three agencies. 

Alternatives that would involve 

locating the NBACC Facility on a site 

outside of Fort Detrick, either on 

existing government-owned property 

(Alternative IV) or on currently 

privately-owned property (Alternative 

V) also were eliminated from detailed 

evaluation in the EIS during the scoping 

process. Those alternatives could 

require costly land acquisition and 

infrastructure development that could 

delay completion of the NBACC Facility 

by several years. Furthermore, it would 

be contrary to congressional intent for 

the building to be built outside Fort 

Detrick. 

Practicable Means To Avoid or 

Minimize Potential Environmental 

Harm from the Selected Alternative 

All practicable means to avoid or 

minimize adverse environmental effects 

from the selected action have been 

identified and incorporated into the 

selected action. Pollution prevention 

measures incorporated in the selected 

action include: 

• Reducing construction waste by 

recycling materials wherever possible; 

• Applying BMPs during construction 

to minimize soil erosion and potential 

airborne particulate matter, 

• Including new state-of-the-art 

energy efficient equipment in the 

facility to reduce the energy demand on 

Fort Detrick electrical systems; 

• Rendering all contaminated or 

potentially contaminated medical waste 

noninfectious by a combination of 

chemical and physical (autoclaving) 

methods before disposal or transport offsite; 

• Sterilizing laboratory wastewater 

within the laboratories and, secondarily, 

within the facility itself through 

chemical disinfection or steam 

sterilization methods before discharging 

wastewater into the Fort Detrick 

sanitary sewer system; 

• Employing High Efficiency 

Particulate Air filters to capture small 

particles in laboratory exhaust air before 

venting the air to the outside; and 

• Requiring that NBACC Facility 

activities comply with the DHS waste 

management policies, which emphasize 

source segregation, inactivation, source 

reduction, reuse, and recycling. 

Mitigation Measures, Monitoring and 

Enforcement 

During the preparation of the FEIS 

several potential adverse environmental 

6028 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices 

impacts associated with implementation 

of the selected action were identified. 

These included land use (land 

disturbance), construction noise, 

transportation (traffic and parking), 

geology (potential sinkholes), surface 

water resources (sedimentation, 

stormwater management, water supply), 

plant and animal ecology (displacement 

of deer and/or bird species), air quality 

(fugitive dust during construction, 

increased pollutant emissions during 

operation, increased vehicular 

emissions), and pollution prevention/

waste management (construction wastes 

and handling and disposal of waste 

generated during operation). These 

potential adverse impacts were deemed 

to be negligible to minor, and mitigable 

through compliance with existing 

regulatory requirements, application of 

BMPs, and adherence to construction 

contract requirements. 

In addition, possible adverse health 

and safety impacts on laboratory 

workers in the NBACC Facility and on 

nearby residents during the operational 

phase of the project were evaluated. The 

risks were deemed to be negligible to 

minor, and mitigable through adherence 

to guidelines outlined in Biosafety in 

Microbiological and Biomedical 

Laboratories, a joint publication of the 

Centers for Disease Control and the NIH, 

as well as other standards for safe 

operational practices. 

Since potential adverse impacts 

would be mitigated by compliance with 

existing regulatory requirements, 

application of BMPs, and adherence to 

construction contract requirements, 

existing regulatory reporting 

requirements and contract 

administration procedures will serve in 

lieu of a formal Monitoring and 

Enforcement Program. 

Conclusion 

Based upon review and careful 

consideration of the impacts identified 

in the FEIS, results of various 

environmental and hazard assessment 

studies conducted in conjunction with 

the DEIS; public comments received 

throughout the National Environmental 

Policy Act process, including comments 

on the DEIS and comments received 

during the required 30-day waiting 

period for the FEIS, as well as other 

relevant factors, such as congressional 

intent, DHS and USAG, Fort Detrick, 

have decided to implement Alternative 

I, the Proposed Action, Construction 

and Operation of the NBACC Facility by 

DHS on a Site Adjacent to Existing 

USAMRIID Facilities at Fort Detrick, 

Maryland.

Dated: January 27, 2005. 

Maureen I. McCarthy, 

Director, Research and Development, Science 

and Technology Directorate, Department of 

Homeland Security.

[FR Doc. 05–2092 Filed 2–3–05; 8:45 am] 

BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Privacy Act of 1974; Systems of 

Records

AGENCY: Department of Homeland 

Security.

ACTION: Notice of computer matching 

programs. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended by the 

Computer Matching and Privacy 

Protection Act of 1988, the Department 

of Homeland Security is giving notice of 

computer matching programs that its 

component agency, United States 

Citizenship and Immigration Services, 

will conduct with five state agencies.

DATES: Matching activities under the 

new agreements will be effective March 

7, 2005, or 40 days after a report 

concerning the computer matching 

programs has been transmitted by the 

Department of Homeland Security to the 

Office of Management and Budget and 

transmitted to Congress with a copy of 

the agreements, whichever is later.

FOR FURTHER INFORMATION CONTACT:

Nuala O’Connor Kelly, Chief Privacy 

Officer, Department of Homeland 

Security, Washington, DC 20528 by 

telephone (202) 772–9848 or facsimile 

(202) 772–5036.

SUPPLEMENTARY INFORMATION: 

A. Background 

The Privacy Act, as amended by the 

Computer Matching and Privacy 

Protection Act of 1988, regulates the use 

of computer matching by Federal 

agencies when records in a system of 

records are matched with other Federal, 

State, or local government records. The 

Privacy Act requires Federal agencies 

involved in computer matching 

programs to: 

(1) Negotiate written agreements with 

the other agency or agencies 

participating in the matching programs; 

(2) Obtain the approval of the 

matching agreement(s) by the Data 

Integrity Board of the participating 

Federal agencies; 

(3) Publish notice of the computer 

matching program(s) in the Federal 

Register; 

(4) Furnish detailed reports about the 

matching programs to Congress and to 

the Office of Management and Budget 

(OMB); 

(5) Notify applicants and beneficiaries 

that their records are subject to 

matching; and 

(6) Verify match findings before 

reducing, suspending, terminating, or 

denying an individual’s benefits of 

payments. 

The Department of Homeland 

Security (DHS) has taken action to 

ensure that these requirements are met 

by the matching agreements at issue in 

this notice. 

B. Legal Authority 

The legal authority for the relevant 

disclosures in these matching 

operations is contained in Section 21 of 

the Immigration Reform and Control Act 

(IRCA) of 1986 (Pub. L. 99–603), as 

amended by the Personal Responsibility 

and Work Opportunity Reconciliation 

Act (PRWPRA) (Pub. L. 104–193). This 

statute requires United States 

Citizenship and Immigration Services 

(USCIS) to establish a system for the 

verification of immigration status of 

alien applicants for, or recipients of, 

certain types of benefits, and to make 

this system available to state agencies 

which administer such benefits. 

C. The Matching Agreements 

The matching agreements at issue in 

this notice involve information obtained 

from USCIS, which is the source agency. 

The information will be used by the 

recipient agencies to confirm the 

immigration status of alien applicants 

for, or recipients of, Federal benefits 

assistance under the ‘‘Systematic Alien 

Verification for Entitlements’’ (SAVE) 

Program. Specifically, the matching 

activities will permit the following 

eligibility determinations: 

(1) The New York Department of 

Labor, New Jersey Department of Labor 

and Workforce Development, 

Massachusetts Division of Employment 

and Training, and the Texas Workforce 

Commission will be able to determine 

eligibility status for unemployment 

compensation; 

(2) The California Department of 

Social Services will be able to determine 

eligibility status for the Temporary 

Assistance for Needy Families (TANF) 

Program, and the Food Stamps Program;

(3) The California State Department of 

Health Services will be able to 

determine eligibility status for the 

Medicaid Program. 

Employing user identification codes 

and passwords, authorized persons from 

the state agencies listed above may 

electronically access the database of the