Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices 2263 

a. The agency or any component 

thereof, or 

b. Any employee of the agency in his 

or her official capacity, or 

c. Any employee of the agency in his 

or her individual capacity where the 

DOJ has agreed to represent the 

employee, or 

d. The United States Government is a 

party to litigation or has an interest in 

such litigation, and by careful review, 

CMS determines that the records are 

both relevant and necessary to the 

litigation and that the use of such 

records by the DOJ, court or 

adjudicatory body is compatible with 

the purpose for which the agency 

collected the records. 

6. To assist a CMS contractor 

(including, but not necessarily limited 

to fiscal intermediaries and carriers) that 

assists in the administration of a CMSadministered health benefits program, 

or to a grantee of a CMS-administered 

grant program, when disclosure is 

deemed reasonably necessary by CMS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud or 

abuse in such program. 

7. To assist another Federal agency or 

to an instrumentality of any 

governmental jurisdiction within or 

under the control of the United States 

(including any State or local 

governmental agency), that administers, 

or that has the authority to investigate 

potential fraud or abuse in, a health 

benefits program funded in whole or in 

part by Federal funds, when disclosure 

is deemed reasonably necessary by CMS 

to prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud or 

abuse in such programs. 

B. Additional Provisions Affecting 

Routine Use Disclosures 

To the extent this system contains 

Protected Health Information (PHI) as 

defined by HHS regulation ‘‘Standards 

for Privacy of Individually Identifiable 

Health Information’’ (45 CFR Parts 160 

and 164, 65 Fed. Reg. 82462 (12–28–00), 

Subparts A and E. Disclosures of such 

PHI that are otherwise authorized by 

these routine uses may only be made if, 

and as, permitted or required by the 

‘‘Standards for Privacy of Individually 

Identifiable Health Information.’’

In addition, our policy will be to 

prohibit release even of data not directly 

identifiable, except pursuant to one of 

the routine uses or if required by law, 

if we determine there is a possibility 

that an individual can be identified 

through implicit deduction based on 

small cell sizes (instances where the 

patient population is so small that 

individuals could, because of the small 

size, use this information to deduce the 

identity of the beneficiary). 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

All records are stored on the magnetic 

disk sub-system of the Sun Solaris 10 

Server. Furthermore, these records are 

saved to magnetic tape backup on a 

nightly basis. 

RETRIEVABILITY: 

The records are retrieved by health 

insurance claims number or other 

individually identifying numbers. 

SAFEGUARDS: 

CMS has safeguards in place for 

authorized users and monitors such 

users to ensure against excessive or 

unauthorized use. Personnel having 

access to the system have been trained 

in the Privacy Act and information 

security requirements. Employees who 

maintain records in this system are 

instructed not to release data until the 

intended recipient agrees to implement 

appropriate management, operational 

and technical safeguards sufficient to 

protect the confidentiality, integrity and 

availability of the information and 

information systems and to prevent 

unauthorized access. 

This system will conform to all 

applicable Federal laws and regulations 

and Federal, HHS, and CMS policies 

and standards as they relate to 

information security and data privacy. 

These laws and regulations may apply 

but are not limited to: the Privacy Act 

of 1974; the Federal Information 

Security Management Act of 2002; the 

Computer Fraud and Abuse Act of 1986; 

the Health Insurance Portability and 

Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare 

Modernization Act of 2003, and the 

corresponding implementing 

regulations. OMB Circular A–130, 

Management of Federal Resources, 

Appendix III, Security of Federal 

Automated Information Resources also 

applies. Federal, HHS, and CMS 

policies and standards include but are 

not limited to: all pertinent National 

Institute of Standards and Technology 

publications; the HHS Information 

Systems Program Handbook and the 

CMS Information Security Handbook. 

RETENTION AND DISPOSAL: 

CMS will retain identifiable HPMS 

data for at least 10 years or as long as 

needed for program research. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Division of Plan Data, Plan 

Oversight and Accountability Group, 

Center for Beneficiary Choices, Center 

for Medicare & Medicaid Services, 7500 

Security Boulevard, C4–14–21, 

Baltimore, Maryland 21244–1850. 

NOTIFICATION PROCEDURE: 

For purpose of access, the subject 

individual should write to the system 

manager who will require the system 

name, HICN, address, date of birth, and 

gender, and for verification purposes, 

the subject individual’s name (woman’s 

maiden name, if applicable), and SSN. 

Furnishing the SSN is voluntary, but it 

may make searching for a record easier 

and prevent delay. 

RECORD ACCESS PROCEDURE: 

For purpose of access, use the same 

procedures outlined in Notification 

Procedures above. Requestors should 

also specify the record contents being 

sought. (These procedures are in 

accordance with department regulation 

45 CFR 5b.5(a)(2)). 

CONTESTING RECORDS PROCEDURES: 

The subject individual should contact 

the system manager named above, and 

reasonably identify the records and 

specify the information to be contested. 

State the corrective action sought and 

the reasons for the correction with 

supporting justification. (These 

Procedures are in accordance with 

Department regulation 45 CFR 5b.7). 

RECORDS SOURCE CATEGORIES: 

The identifying information contained 

in these records is obtained from the 

health plan and Part D organizations 

(which obtained the data from the 

individual concerned) or the 

individuals themselves. Also, these data 

will be linked with CMS administrative 

data, such as claims and enrollment. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

[FR Doc. 08–72 Filed 1–11–08; 8:45 am] 

BILLING CODE 4120–03–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Office of Head Start; Request for 

Nominations for the Secretary’s 

Advisory Committee on ReDesignation of Head Start Grantees 

AGENCY: Administration for Children 

and Families, Department of Health and 

Human Services (HHS). 


rmajette on PROD1PC64 with NOTICES
2264 Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices 

ACTION: Notice. 

SUMMARY: This notice announces the 

establishment of and invites 

nominations for members to the 

Secretary’s Advisory Committee on ReDesignation of Head Start Grantees. The 

Secretary is required by section 641 of 

Public Law (Pub. L.) 110–134 to 

convene an expert panel to provide 

advice and recommendations on the 

development of a transparent, reliable 

and valid system for designation 

renewal of Head Start grantees. The 

panel is required to be convened by 

March 12, 2008. 

Nominations: We will consider 

nominations if they are received no later 

than fifteen (15) days from the date of 

publication of this notice. Submissions 

will only be taken electronically, 

although individuals for whom this 

procedure introduces a barrier may 

make alternative arrangements through 

the contact information below. 

Nominations in the format described 

below should be submitted to 

colleen.rathgeb@acf.hhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Colleen Rathgeb, Office of Head Start, email colleen.rathgeb@acf.hhs.gov or 

(202) 205–7378. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Secretary is required by section 

641 of Public Law 110–134 to convene 

an expert panel to provide advice and 

recommendations on the development 

of a transparent, reliable and valid 

system for designation renewal to 

determine if a Head Start agency is 

delivering a high-quality and 

comprehensive Head Start program that 

meets the educational, health, 

nutritional, and social needs of the 

children and families it serves, and 

meets program and financial 

management requirements and the 

program performance standards. 

The Charter requires that the panel 

meet up to three times. The panel shall 

consist of a non-voting chair and seven 

expert panel members who have 

expertise in the areas outlined below. 

Members of the panel serve terms up to 

two years based on the needs of the 

panel. 

The Department will give close 

attention to equitable geographic 

distribution and to minority and female 

representation so long as the 

effectiveness of the Committee is not 

diminished. 

II. Criteria for Nominees 

All members must have technical 

expertise to enable them to participate 

fully in the work of the panel. The panel 

will consist of a non-voting chair and 

seven members, one member within 

each of the following demonstrated 

competency areas, as evidenced by 

training, expertise and experience: 

• Early childhood program 

accreditation, 

• research on early childhood 

development, 

• governance and finance of nonprofit 

organizations, 

• delivery of services to populations 

with special needs and their families, 

• assessment and evaluation of 

programs serving young children, 

• an employee of the Office of Head 

Start, and 

• an executive director of a Head 

Start agency. 

Any interested person or organization 

may nominate one or more qualified 

individuals. Self-nominations will also 

be accepted. Each nomination must 

include the following: 

• Letter of nomination, including 

which specific expertise above the 

person is being nominated to fill, 

• curriculum vitae of the nominee, 

and 

• statement from the nominee that the 

nominee is willing to serve on the 

panel. 

III. Copies of the Charter 

To obtain a copy of the panel’s 

Charter, submit a written request to the 

above contact. 

Dated: January 8, 2008. 

Daniel C. Schneider, 

Acting Assistant Secretary, Administration 

for Children and Families. 

[FR Doc. 08–88 Filed 1–11–08; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

Food and Drug Administration’s 

Transition to the Federal Dockets 

Management System 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice. 

SUMMARY: The Food and Drug 

Administration (FDA) is providing 

notice that effective January 15, 2008, 

the public will no longer be able to 

submit electronic comments to its 

Dockets through FDA’s Web site. 

Electronic comments to FDA’s Dockets 

may continue to be submitted through 

the Federal eRulemaking Portal. In 

recent months, FDA has alerted the 

public through our published Federal 

Register documents that after the 

transition date, electronic submissions 

will only be accepted by FDA through 

Federal Dockets Management System 

(FDMS). Please note that the process for 

submitting written comments to FDA’s 

Dockets will remain the same. 

FOR FURTHER INFORMATION CONTACT: The 

Division of Dockets Management Public 

Room (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, 

1061, Rockville, MD 20852, 301–827–

6860, or FAX: 301–827–6870. 

SUPPLEMENTARY INFORMATION: 

I. Background: 

FDMS is a major component of the 

President’s e-Rulemaking Initiative, 

which provides easy access to the 

public dockets maintained by Federal 

agencies, while streamlining and 

increasing the efficiency of the internal, 

regulatory procedures for agencies. 

FDMS is designed so that the public has 

a single point of access to the public 

dockets across the Federal government 

and agencies have a standard, online 

procedure to manage and process 

dockets, documents, and public 

comments/submissions. The Initiative 

reduces costs by eliminating duplicative 

information systems and technical 

infrastructures. 

A. What is FDMS? 

FDMS is a full-featured electronic 

docket management system that gives 

Federal personnel and docket managers 

the ability to better manage their 

rulemakings, adjudications, and other 

docketed program activities. FDMS also 

provides the public with a one-stop site 

to search, view and download 

documents, as well as post comments/ 

submissions to federal agencies. 

FDMS makes it easier for all segments 

of the public with access to a computer 

and the Internet—whether at home, at 

work, or at a local library— to submit 

comments to agency dockets. FDMS is 

accessible on the Internet at http:// 

www.Regulations.gov. 

B. How Can I Access and Use FDMS? 

FDMS is accessible on the Internet at 

http://www.Regulations.gov. The public 

may use FDMS to access available 

public docket materials online, as well 

as submit electronic comments to a 

particular docket available in FDMS. 

C. How Can I Search FDMS? 

FDMS provides two basic methods of 

searching to retrieve dockets and docket 

materials that are available in the 

system: (1) Quick Search to search using 

a full-text search engine and Browsing 

options or (2) Advance Search which 

displays various indexed fields such as 


rmajette on PROD1PC64 with NOTICES