Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices 56601 

the environmental assessment and for 

the Finding of No Significant Impact. 

In a communication dated July 9, 

2010, the Wisconsin State Historic 

Preservation Office agreed that no 

historic properties would be affected as 

a result of continued operation of the 

UWNR. 

Finding of No Significant Impact 

On the basis of the environmental 

assessment, the NRC concludes that the 

proposed action will not have a 

significant effect on the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

For further details with respect to the 

proposed action, see the licensee’s letter 

dated May 9, 2000 (ADAMS Accession 

No. ML093570404), as supplemented by 

letter dated October 17, 2008 (ADAMS 

Accession No. ML100740573). 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically from the 

ADAMS Public Electronic Reading 

Room on the NRC Web site http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS should contact the NRC PDR 

Reference staff at 1–800–397–4209, or 

301–415–4737, or send an e-mail to 

pdr@nrc.gov. 

Dated at Rockville, Maryland, this 10th day 

of September 2010. 

For the Nuclear Regulatory Commission. 

Linh Tran, 

Senior Project Manager, Research and Test 

Reactors Licensing Branch, Division of Policy 

and Rulemaking, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–23114 Filed 9–15–10; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Privacy Act of 1974: New System of 

Records 

AGENCY: U.S. Office of Personnel 

Management (OPM). 

ACTION: Notice of a new system of 

records. 

SUMMARY: The Patient Protection and 

Affordable Care Act (the Affordable Care 

Act), Public Law 111–148, was enacted 

on March 23, 2010; the Health Care and 

Education Reconciliation Act (the 

Reconciliation Act), Public Law 111– 

152, was enacted on March 30, 2010. 

The Affordable Care Act and 

implementing regulations (codified in 

HHS interim final rules (IFR) at 45 CFR 

Part 147) require that non-grandfathered 

health insurance plans and issuers 

offering group and individual coverage 

have effective internal claims and 

appeals and external review processes. 

The effective date for these 

requirements is plan or policy years 

beginning on or after September 23, 

2010. Regarding external review, the 

statute requires that health plans and 

issuers must comply with either a state 

external review process or a process 

meeting standards issued by the 

Secretary of Health and Human Services 

(HHS) that is ‘‘similar to’’ a state process 

meeting requirements in section 2719 (a 

‘‘federal external review process’’). The 

IFR includes a transition period prior to 

July 1, 2011, during which time HHS 

will work with states to assist in making 

any necessary changes so that the state 

process will meet the minimum 

consumer protections identified in 45 

CFR 147.136 that must be met in order 

for the state process to apply. During 

this interim period, health insurance 

issuers in states with external review 

laws in effect prior to September 23, 

2010 will follow that state’s external 

review law to the extent applicable. In 

states that have not passed an external 

review law that is in effect on 

September 23, 2010, a health insurance 

issuer must follow an interim federal 

external review process that will be 

administered by the Office of Personnel 

Management (OPM). The system of 

records will be created as OPM assists 

HHS by providing external reviews of 

adverse benefit determinations and final 

internal adverse benefit determinations 

as requested by eligible claimants and 

their authorized representatives 

(‘‘claimants’’). The system of records will 

include any data relevant to these 

external reviews, and OPM proposes to 

add this new system of records to its 

inventory of records systems subject to 

the Privacy Act of 1974 (5 U.S.C. 552a), 

as amended. This action is necessary to 

meet the requirements of the Privacy 

Act to publish in the Federal Register 

notice of the existence and character of 

records maintained by the agency (5 

U.S.C. 552a(e)(4)). 

DATES: This action will be effective 

without further notice on October 18, 

2010, unless comments are received that 

would result in a contrary 

determination. 

ADDRESSES: Send written comments to 

the Office of Personnel Management, 

ATTN: Christopher Layton, Health 

Claims Disputes External Review 

Services, 1900 E Street, NW., Rm. 3415, 

Washington, DC 20415. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Layton, 202–606–0004. 

SUPPLEMENTARY INFORMATION: The 

program associated with this system of 

records is part of a broader initiative 

directed by HHS’s Office of Consumer 

Information and Insurance Oversight 

(OCIIO) to implement Section 2719 of 

the Affordable Care Act. HHS has 

discretion under the Act in the manner 

in which it implements the external 

appeals process, OPM administers a 

health insurance appeals program as 

part of its Federal Employees Health 

Benefits Program, and OPM has offered 

to permit HHS/OCIIO to utilize its 

existing appeals processes and 

frameworks to administer the interim 

federal appeals process (as modified by 

an interagency agreement). HHS/OCIIO 

has accepted that offer. Consequently, 

OPM has authority to administer the 

program, using an arrangement under 

the Economy Act, 31 U.S.C. 1535. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

SYSTEM NAME: 

Health Claims Disputes External 

Review Services 

SYSTEM LOCATION: 

Office of Personnel Management, 

1900 E Street, NW., Washington, DC 

20415. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

This system will contain records on 

adverse benefit determinations and final 

internal adverse benefit determinations 

for claimants who qualify for external 

review according to the IFR and choose 

to appeal to OPM. Individuals may only 

appeal to OPM (1) if they are in a state 

that did not have an external review law 

in place on September 23, 2010, (2) if 

they purchase a health insurance policy 

or a group health plan from a health 

insurance issuer, (3) if they are in a nongrandfathered plan, and (4) if the plan 

or policy year begins on or after 

September 23, 2010. Health insurance 

issuers must notify claimants upon 

notice of an adverse benefit 

determination or final internal adverse 

benefit determination as to how to 

initiate an external review by OPM if 

they choose to do so. This notice must 

meet the requirements of 45 CFR Part 

147(b)(2)(ii)(E). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

In order to adjudicate an appeal, OPM 

requires claimants to submit a form with 

mstockstill on DSKH9S0YB1PROD with NOTICES

56602 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices 

their name, insurance ID number, phone 

number and mailing address as well as 

insurer name and the claim number. In 

addition, claimants may choose to 

submit the following additional 

information: 

a. A statement about why the claimant 

believes their health insurance issuer’s 

decision was wrong, based on specific 

benefit provisions in the plan brochure 

or contract; 

b. Copies of documents that support 

the claim, such as physicians’ letters, 

operative reports, bills, medical records, 

and explanation of benefits (EOB) forms; 

c. Copies of all letters the claimant 

sent to their insurance plan about the 

claim; 

d. Copies of all letters the health 

insurance issuer sent to the claimant 

about the claim; 

e. The claimant’s daytime phone 

number and the best time to call; and 

f. The claimant’s email address if they 

would like to receive OPM’s decision 

via email. 

However, health insurance issuers 

will provide additional information and 

documentation. Consequently, the 

records in the system may include all of 

the following information: 

a. Personal Identifying Information 

(Name, Social Security Number, Date of 

Birth, Gender, Phone number etc). 

b. Address (Current, Mailing). 

c. Dependent Information (Spouse, 

Dependents and their addresses). 

d. Employment information. 

e. Health care provider information. 

f. Health care coverage information. 

g. Health care procedure information. 

h. Health care diagnosis information. 

i. Provider charges and 

reimbursement information on coverage, 

procedures and diagnoses. 

j. Any other letters or other 

documents submitted in connection 

with adverse benefit determinations or 

final internal adverse benefit 

determinations by claimants, healthcare 

providers, or health insurance issuers. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

HHS has authority to administer the 

program under Sections 2701 through 

2763, 2791, and 2792 of the Public 

Health Service Act (42 U.S.C. 300gg 

through 300gg–63, 300gg–91, and 

300gg–92), as amended. HHS has 

discretion under the Act in the manner 

in which it implements the external 

appeals process, and it has entered an 

agreement with OPM under the 

Economy Act, 31 U.S.C. 1535, to 

provide such services. 

PURPOSE: 

The primary purpose of this system of 

records is to aid in the administration of 

external review of adverse benefit 

determinations and final internal 

adverse benefit determinations. OPM 

must have the capacity to collect, 

manage, and access health insurance 

benefits appeals information and 

documents on an ongoing basis in order 

for OPM to: 

a. Determine eligibility for OPM’s 

review process. 

b. Review the adverse benefit 

determinations and final internal 

adverse benefit determinations to 

provide effective external review. 

c. Track the progress of individual 

appeals and ensure that claimants do 

not submit duplicative appeals. 

d. Make information available for any 

subsequent litigation related to a 

disputed external review decision. 

e. Monitor whether health insurance 

issuers are providing benefits to which 

covered individuals are entitled. 

f. Maintain records for parties to the 

dispute so that the covered individual 

and the insurance issuer can obtain a 

record of past appeals in which they 

were involved. 

g. Track and report to HHS on the 

administration of the program. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records or information 

contained in this system may be 

disclosed to authorized entities, as is 

determined to be relevant and 

necessary, including disclosures outside 

of OPM as a routine use under 5 U.S.C. 

552a(b)(3) as follows: 

a. For emergency and specialized 

claims adjudication—To disclose to 

medical consultants under contract with 

OPM information needed to adjudicate 

an appeal. 

b. For law enforcement purposes—To 

disclose pertinent information to the 

appropriate Federal, State, or local 

agency responsible for investigating, 

prosecuting, enforcing, or implementing 

a statute, rule, regulation, or order, 

where OPM becomes aware of an 

indication of a violation or potential 

violation of civil or criminal law or 

regulation. 

c. For congressional inquiries—To 

provide information to a congressional 

office from the record of an individual 

in response to an inquiry from that 

congressional office made at the request 

of that individual. 

d. For judicial/administrative 

proceedings—To disclose information to 

another Federal agency, to a court, or a 

party in litigation before a court or in an 

administrative proceeding being 

conducted by a Federal agency, when 

the Government is a party to the judicial 

or administrative proceeding. In those 

cases where the government is not a 

party to the processing, records may be 

disclosed if a subpoena has been signed 

by a judge. 

e. For litigation purposes—To 

disclose to the Department of Justice or 

in a proceeding before a court, 

adjudicative body, or other 

administrative body before which OPM 

or HHS is authorized to appear, when: 

1. OPM, HHS, or any component 

thereof; or 

2. Any employee of OPM or HHS in 

his or her official capacity; or 

3. Any employee of OPM or HHS in 

his or her individual capacity where the 

Department of Justice or OPM or HHS 

has agreed to represent the employee; or 

4. The United States, when OPM or 

HHS determines that litigation is likely 

to affect OPM or HHS or any of their 

components; is a party to litigation or 

has an interest in such litigation, and 

the use of such records by the 

Department of Justice or OPM of HHS is 

deemed by OPM to be relevant and 

necessary to the litigation provided, 

however, that the disclosure is 

compatible with the purpose for which 

records were collected. 

f. In the event of data breach—To 

conduct investigations of the breach and 

for purposes of mitigation response. 

g. For National Archives and Records 

Administration or the General Services 

Administration—For use in records 

management inspections conducted 

pursuant to 44 U.S.C. 2904 and 2906. 

h. Within OPM for statistical/ 

analytical studies by OPM in the 

production of summary descriptive 

statistics and analytical studies in 

support of the function for which the 

records are collected and maintained, or 

for related program performance 

studies. 

i. By program and policy staff at OPM 

to compile and analyze de-identified 

claims utilization data to identify 

sources of benefit and utilization costs 

and other information and to formulate 

health care program changes and 

enhancements to reduce cost increases, 

improve outcomes, improve efficiency 

in program administration and for other 

purposes. 

j. Researchers in and outside the 

federal government for the purpose of 

conducting research on health care and 

health insurance trends and topical 

issues. Only de-identified data will be 

shared. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices 56603 

POLICIES AND PRACTICES OF STORING, 

RETRIEVING, SAFEGUARDING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None 

STORAGE: 

Paper records will be stored in a 

locked file cabinet within OPM. Any 

electronic records will be maintained in 

electronic systems and will be backedup according to common convention. 

RETRIEVABILITY: 

Records will primarily be 

manipulated, managed and summarized 

using a unique number assigned to each 

appeal. However, information may also 

be accessible by name or social security 

number. 

SAFEGUARDS: 

Paper records will be delivered to a 

locked P.O. Box and kept in a locked 

file cabinet. Electronic records will be 

maintained on password protected 

computers and systems. All individuals 

with access to these records will receive 

a background check and privacy 

training before accessing any of the 

records. OPM also restricts access to the 

records on the databases to employees 

who have the appropriate clearance. 

RETENTION AND DISPOSAL: 

OPM will maintain the records for 6 

years. Computer records will be 

destroyed by electronic erasure. Any 

hard copies of records will be destroyed 

by shredding. A records retention 

schedule will be established with 

NARA. 

SYSTEM MANAGER AND ADDRESS: 

Christopher Layton, U.S. Office of 

Personnel Management, 1900 E Street, 

NW., Room 3415, Washington, DC 

20415. 

NOTIFICATION PROCEDURE: 

Individuals wishing to determine 

whether this system of records contains 

information about them may do so by 

writing to the U.S. Office of Personnel 

Management, FOIA Requester Service 

Center, 1900 E Street, NW., Room 5415, 

Washington, DC 20415–7900 or by 

emailing foia@opm.gov. 

Individuals must furnish the 

following information for their records 

to be located: 

a. Full name. 

b. Date and place of birth. 

c. Social Security Number. 

d. Signature. 

e. Available information regarding the 

type of information requested, including 

the name of the insurance plan involved 

in any appeal and the approximate date 

of the appeal. 

f. The reason why the individual 

believes this system contains 

information about him/her. 

g. The address to which the 

information should be sent. 

Individuals requesting access must 

also comply with OPM’s Privacy Act 

regulations regarding verification of 

identity and access to records (5 CFR 

part 297). 

In addition, the requester must 

provide a notarized statement or an 

unsworn declaration made in 

accordance with 28 U.S.C. 1746, in the 

following format: 

• If executed outside the United 

States: ‘I declare (or certify, verify, or 

state) under penalty of perjury under the 

laws of the United States of America 

that the foregoing is true and correct. 

Executed on [date]. [Signature].’ 

• If executed within the United 

States, its territories, possessions, or 

commonwealths: ‘I declare (or certify, 

verify, or state) under penalty of perjury 

that the foregoing is true and correct. 

Executed on [date]. [Signature].’ 

CONTESTING RECORD PROCEDURE: 

Individuals wishing to obtain a copy 

of their records or to request 

amendment of records about them 

should write to the Office of Personnel 

Management, ATTN: Lynelle Frye, 

Policy Analyst, Planning and Policy 

Analysis, Room 3415, Washington, DC 

20415, and furnish the following 

information for their records to be 

located: 

a. Full name. 

b. Date and place of birth. 

c. Social Security Number. 

d. Signature. 

e. Available information regarding the 

type of information that the individual 

seeks to have amended, including the 

name of the insurance plan involved in 

any appeal and the approximate date of 

the appeal. 

Individuals requesting amendment 

must also follow OPM’s Privacy Act 

regulations regarding verification of 

identity and amendment to records (5 

CFR part 297). 

In addition, the requester must 

provide a notarized statement or an 

unsworn declaration made in 

accordance with 28 U.S.C. 1746, in the 

following format: 

• If executed outside the United 

States: ‘I declare (or certify, verify, or 

state) under penalty of perjury under the 

laws of the United States of America 

that the foregoing is true and correct. 

Executed on [date]. [Signature].’ 

• If executed within the United 

States, its territories, possessions, or 

commonwealths: ‘I declare (or certify, 

verify, or state) under penalty of perjury 

that the foregoing is true and correct. 

Executed on [date]. [Signature].’ 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is obtained from: 

a. Individuals who request OPM 

review. 

b. Authorized representatives of 

covered individuals. 

c. Health care providers. 

d. Health insurance plans. 

e. Medical professionals providing 

expert medical review under contract 

with OPM. 

SYSTEM EXEMPTIONS: 

None. 

[FR Doc. 2010–23208 Filed 9–15–10; 8:45 am] 

BILLING CODE 6325–39–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

29415; File No. 812–13465] 

Tri-Continental Corporation, et al.; 

Notice of Application 

September 10, 2010. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of application under 

section 6(c) of the Investment Company 

Act of 1940 (‘‘Act’’) for an exemption 

from section 19(b) of the Act and rule 

19b–1 under the Act. 

SUMMARY: Summary of Application: 

Applicants request an order to permit 

certain registered closed-end investment 

companies to make periodic 

distributions of long-term capital gains 

with respect to their common shares as 

often as monthly in any one taxable 

year, and as frequently as distributions 

are specified by or in accordance with 

the terms of any preferred shares. 

Applicants: Tri-Continental 

Corporation (‘‘Tri-Continental’’), 

RiverSource LaSalle International Real 

Estate Fund, Inc. (‘‘RLIREF’’), Seligman 

Premium Technology Growth Fund, Inc. 

(‘‘SPTGF,’’ together with Tri-Continental 

and RLIREF, the ‘‘Funds’’), and 

Columbia Management Investment 

Advisers, LLC (the ‘‘Investment 

Adviser’’). 

DATES: Filing Dates: The application was 

filed on December 26, 2007, and 

amended on September 1, 2009, and 

May 13, 2010. Applicants have agreed to 

file an amendment during the notice 

period, the substance of which is 

reflected in this notice. 

Hearing or Notification of Hearing: An 

order granting the application will be 

mstockstill on DSKH9S0YB1PROD with NOTICES