Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 27555 

Calendar 

Year 2009 

Effective Date for Calendar Year 2009 

Rates 

Consistent with previous annual 

rate revisions, the Calendar 

Year 2009 rates will be effective for services provided on/ 

or after January 1, 2009 to 

the extent consistent with 

payment authorities including 

the applicable Medicaid State 

plan. 

Dated: February 4, 2009. 

Robert G. McSwain, 

Director, Indian Health Service. 

[FR Doc. E9–13644 Filed 6–9–09; 8:45 am] 

BILLING CODE 4165–16–P 

DEPARTMENT OF HOMELAND 

SECURITY 

National Protection and Programs 

Directorate Office of Infrastructure 

Protection 

[Docket No. DHS–2009–0026] 

Submission for Chemical Facility AntiTerrorism Standards Personnel Surety 

Program Information Collection 1670– 

NEW 

AGENCY: National Protection and 

Programs Directorate, Office of 

Infrastructure Protection, Infrastructure 

Security Compliance Division, DHS. 

ACTION: 60-Day Notice and request for 

comments: New information collection 

request 1670–NEW. 

SUMMARY: The Department of Homeland 

Security, National Protection and 

Programs Directorate, Office of 

Infrastructure Protection, Infrastructure 

Security Compliance Division (ISCD) 

will be submitting the following 

information collection request (ICR) to 

the Office of Management and Budget 

(OMB) for review and clearance in 

accordance with the Paperwork 

Reduction Act of 1995. The information 

collection is a new information 

collection. The purpose of this notice is 

to solicit comments during a 60-day 

public comment period prior to the 

submission of this collection to OMB. 

The submission describes the nature of 

the information collection, the 

categories of respondents, the estimated 

burden, and cost. 

DATES: Comments are encouraged and 

will be accepted until August 10, 2009. 

This process is conducted in accordance 

with 5 CFR 1320.8. 

ADDRESSES: Interested persons are 

invited to submit comments on the 

proposed information collection 

through the Federal Rulemaking Portal 

at http://www.regulations.gov. Follow 

the instructions for submitting 

comments. Comments must be 

identified by docket number DHS– 

2009–0026. 

FOR FURTHER INFORMATION CONTACT: A 

copy of this ICR, with applicable 

supporting documentation, may be 

obtained through the Federal 

Rulemaking Portal at http:// 

www.regulations.gov. 

SUPPLEMENTARY INFORMATION: 

Program Description 

The Chemical Facility Anti-Terrorism 

Standards (CFATS), 6 CFR Part 27, 

require high-risk chemical facilities to 

submit personally identifiable 

information (PII) from facility personnel 

and, as appropriate, unescorted visitors 

with access to restricted areas or critical 

assets at those facilities. This PII will be 

screened against the consolidated and 

integrated terrorist watch list 

maintained by the Federal Government 

in the Terrorist Screening Database 

(TSDB) to identify known or suspected 

terrorists (i.e., individuals with terrorist 

ties). 

High-risk chemical facilities must also 

perform other relevant background 

checks in compliance with CFATS 

Personnel Surety risk-based 

performance standard (RBPS) #12. See 6 

CFR 27.230(a)(12)(i–iii) (covered 

facilities must ‘‘perform appropriate 

background checks ... including (i) 

Measures designed to verify and 

validate identity; (ii) Measures designed 

to check criminal history; [and] (iii) 

Measures designed to verify and 

validate legal authorization to work’’). 

The CFATS Personnel Surety Program is 

not intended to halt, hinder, or replace 

high-risk chemical facilities’ 

performance of background checks 

currently required for employment or 

access to secure areas of those facilities. 

Background 

On October 4, 2006, the President 

signed the Department of Homeland 

Security Appropriations Act of 2007 

(the Act), Public Law 109–295. Section 

550 of the Act provides the Department 

of Homeland Security (DHS) with the 

authority to regulate the security of 

high-risk chemical facilities. 

Section 550 requires that DHS’s 

regulations establish risk-based 

performance standards. RBPS #12 (6 

CFR 27.230(a)(12)) requires that 

regulated chemical facilities implement 

‘‘measures designed to identify people 

with terrorist ties.’’ The ability to 

identify individuals with terrorist ties 

requires use of information held in 

Government-maintained databases. 

Therefore, DHS is implementing the 

CFATS Personnel Surety Program 

which will allow chemical facilities to 

comply with RBPS #12 to implement 

‘‘measures designed to identify people 

with terrorist ties.’’ 

Overview of CFATS Personnel Surety 

Process 

The CFATS Personnel Surety Program 

identifies individuals with terrorist ties 

by comparing PII submitted by each 

high-risk chemical facility to the PII of 

known or suspected terrorists on the 

consolidated and integrated terrorist 

watch list maintained by the Federal 

Government in the TSDB. 

The representative(s) of each high-risk 

chemical facility with access to the 

Chemical Security Assessment Tool 

(CSAT), the online data collection portal 

for CFATS, will submit PII of affected 

individuals to the CFATS Personnel 

Surety Program via CSAT. The PII to be 

submitted is the data needed by DHS to 

conduct screening against the 

consolidated and integrated terrorist 

watch list in the TSDB. Upon receipt of 

each affected individual’s PII, the 

CFATS Personnel Surety Program will 

send a copy of the PII to the 

Transportation Security Administration 

(TSA). TSA will compare the PII 

provided by the CFATS Personnel 

Surety Program and the PII of known 

and suspected terrorists on the 

consolidated and integrated terrorist 

watch list in the TSDB. TSA will 

forward the results from all matches to 

the Terrorist Screening Center (TSC), 

which will make a final determination 

of whether an individual is, or is not, a 

match to an individual in the TSDB. 

In the event that there is a positive 

match, the TSC will notify the 

appropriate Federal law enforcement 

agency for coordination, investigative 

action, and/or response. 

For positive matches, the TSC may 

contact the Federal agency that 

nominated the individual to be listed on 

the consolidated and integrated terrorist 

watch list in the TSDB for further 

details regarding the reasons for 

nominating the individual. 

DHS will not provide screening 

results to high-risk chemical facilities 

nor to the individuals whose PII is 

submitted by high-risk chemical 

facilities. As warranted, high-risk 

chemical facilities may be contacted by 

Federal law enforcement as a part of 

appropriate law enforcement 

investigation activity. (See the FBI 

System of Records published in the 


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27556 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 

Federal Register on August 22, 2007, 72 

FR 47073.) 

The CFATS Personnel Surety Program 

will send a ‘‘verification of submission’’ 

to the representative(s) of high-risk 

chemical facilities when: (1) A new 

individual’s PII has been submitted, (2) 

an individual’s information has been 

updated, and (3) when an individual’s 

information has been removed because 

he/she no longer has access to the highrisk chemical facility’s restricted areas 

or critical assets. ‘‘Verifications of 

submission’’ will allow for high-risk 

chemical facilities to demonstrate 

compliance with their facility Site 

Security Plans and with RBPS 12. 

Affected Population 

6 CFR 27.230(a)(12) requires facility 

personnel and, as appropriate, 

unescorted visitors with access to 

restricted areas or critical assets to 

undergo background checks. This 

affected population will include (1) 

facility personnel (e.g., employees and 

contractors) with access (unescorted or 

otherwise) to restricted areas or critical 

assets, and (2) unescorted visitors with 

access to restricted areas or critical 

assets. 

These background checks do not 

affect facility personnel that do not have 

access to facilities’ restricted areas or 

critical assets, nor do they affect 

escorted visitors. 

Request for Exception to the 

Requirement Under 5 CFR 1320.8(b)(3) 

The CFATS Personnel Surety Program 

intends to request from OMB an 

exception to the Paperwork Reduction 

Act requirement, contained in 5 CFR 

1320.8(b)(3), that affected individuals 

whose PII is submitted by high-risk 

chemical facilities be notified of the 

reasons for the collection, be notified 

how the information will be used, be 

given an estimate of the average burden 

associated with the collection, and be 

notified whether responses to the 

collection are voluntary or mandatory. 

The CFATS Personnel Surety Program 

intends to request this exception in the 

event that these notices are required. 

Neither Section 550 of the Act nor 

CFATS creates a requirement for highrisk chemical facilities to provide notice 

to affected individuals whose PII is 

submitted to the CFATS Personnel 

Surety Program. DHS, however, expects 

each high-risk facility to adhere to 

applicable Federal, State, local, and 

tribal laws, regulations, and policies 

pertaining to notification to individuals 

that their PII is being submitted to the 

Federal Government. The CFATS 

Personnel Surety Program will require 

each high-risk chemical facility to 

certify that it is collecting and 

submitting this information in 

compliance with all applicable Federal, 

State, local, and tribal laws, regulations, 

and policies. 

The CFATS Personnel Surety 

Program’s request for an exception to 

the requirement under 5 CFR 

1320.8(b)(3) would not exempt high-risk 

chemical facilities from having to 

adhere to applicable Federal, State, 

local, or tribal laws, regulations or 

policies pertaining to the privacy of 

facility personnel and the privacy of 

unescorted visitors. In fact, this 

exception would allow the CFATS 

Personnel Surety Program to avoid any 

conflict with such laws, regulations, and 

policies. 

The CFATS Personnel Surety Program 

intends to take several steps to provide 

(1) adequate notice to high-risk 

chemical facilities of their 

responsibilities, and (2) general notice 

to affected individuals whose 

information will be submitted by highrisk chemical facilities to the CFATS 

Personnel Surety Program through this 

collection. 

As part of Site Security Plans, 

required by CFATS, the Department will 

ask each high-risk chemical facility 

‘‘Will the facility provide notification to 

facility personnel and, as appropriate, 

unescorted visitors with access to the 

restricted areas or critical assets that 

personal information about them has 

been or will be submitted to DHS to 

determine if they have terrorist ties?’’ 

High-risk chemical facilities that 

respond positively shall then explain 

their notification procedures. 

• The CFATS Personnel Surety 

Program will publish a specific Privacy 

Impact Assessment. 

• The CFATS Personnel Surety 

Program will publish in the Federal 

Register a specific System of Records 

Notice. 

• The CFATS Personnel Surety 

Program will publish in the Federal 

Register the proposed exemptions for 

disclosure as required by the Privacy 

Act. 

• The CFATS Personnel Surety 

Program will publish in the Federal 

Register the final exemptions for 

disclosure as required by the Privacy 

Act. 

Solicitation of Comments 

The Office of Management and Budget 

Is Particularly Interested in Comments 

Which 

1. Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

2. Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

The Department Is Particularly 

Interested in Comments Which 

1. Respond to the Department’s 

interpretation of the population affected 

by RBPS #12 background checks 

outlined in 6 CFR 27.230(a)(12); 

2. Respond to fact that a Federal law 

enforcement agency may, if appropriate, 

contact the high-risk chemical facility as 

a part of a law enforcement 

investigation into terrorist ties of facility 

personnel; and 

3. Respond to the Department on its 

intention to seek an exception to the 

notice requirement under 5 CFR 

1320.8(b)(3). 

Analysis 

Agency 

Department of Homeland Security, 

Office of the Under Secretary for 

National Protection and Programs 

Directorate, Office of Infrastructure 

Protection, Infrastructure Security 

Compliance Division. 

Title: CFATS Personnel Surety 

Program 

OMB Number: 1670–NEW 

Background Check to Identify 

Terrorist Ties for an Individual at a 

High-Risk Chemical Facility 

Frequency 

As required in the schedule and 

timing in the high-risk chemical 

facilities Site Security Plan approved by 

DHS 

Affected Public 

High-risk chemical facilities as 

defined in 6 CFR Part 27, High-risk 

chemical facility personnel, and as 

appropriate, unescorted visitors with 

access to restricted areas or critical 

assets 

Number of Respondents 

354,400 individuals 


erowe on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Notices 27557 

Estimated Time Per Respondent 

0.59 hours (35.4 minutes) 

Total Burden Hours 

210,351.7 annual burden hours 

Total Burden Cost (capital/startup) 

$0.00 

Total Burden Cost (operating/ 

maintaining) 

$17,669,543 

Signed: June 4, 2009. 

Philip Reitinger, 

Deputy Under Secretary, National Protection 

and Programs Directorate Department of 

Homeland Security. 

[FR Doc. E9–13618 Filed 6–9–09; 8:45 am] 

BILLING CODE 9110–9P–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[Docket No. USCG–2009–0446] 

Merchant Mariner Medical Advisory 

Committee; Vacancies 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of committee 

establishment and request for 

applications. 

SUMMARY: The Secretary of Homeland 

Security is establishing the Merchant 

Mariner Medical Advisory Committee 

(MMMAC) under authority of 6 U.S.C. 

451 and shall operate under the 

provisions of the Federal Advisory 

Committee Act (FACA) (5 U.S.C. App.). 

Individuals interested in serving on this 

committee are invited to apply for 

membership. 

DATES: Completed application forms for 

membership should reach the Coast 

Guard on or before August 3, 2009. 

ADDRESSES: You may request a copy of 

the charter for the Merchant Mariner 

Medical Advisory Committee or a form 

to apply for membership by writing to 

Captain Eric Christensen, Designated 

Federal Officer (DFO) of the Merchant 

Mariner Medical Advisory Committee, 

2100 SW 2nd St., Washington, DC 

20593. Completed applications should 

be sent to the DFO at this same address. 

A copy of this notice, the Committee 

charter, and the application form are 

available in our online docket, USCG– 

2009–0446, at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant J. Court Smith, Assistant 

DFO of the Merchant Mariner Medical 

Advisory Committee; telephone 1–202– 

372–1128 or james.c.smith1@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Establishment of the Merchant Mariner 

Medical Advisory Committee. The 

Federal Advisory Committee Act 

(FACA), 5 U.S.C. App. (Pub. L. 92–463), 

governs the establishment of committees 

by Federal agencies. This committee 

will be established as a discretionary 

advisory committee that will operate in 

accordance with the provisions of the 

Federal Advisory Committee Act 

(FACA) (5 U.S.C. App.) and pursuant to 

the provisions of 5 U.S.C. 451. The 

Committee will advise, consult with, 

report to, and make recommendations to 

the Secretary on matters relating to the 

medical evaluation process and 

evaluation criteria for medical 

certification of merchant mariners. This 

may include but is not limited to: 

• Commenting on Physical 

Qualification Requirements; 

• Developing, communicating, and 

considering expert based and scientific 

recommendations; 

• Examining such other matters, 

related to those above, that the Secretary 

may charge the Committee with 

addressing; 

• Conducting studies, inquiries, 

workshops, and seminars in 

consultation with individuals and 

groups in the private sector and/or state 

and local government jurisdictions; 

• Reviewing work from other 

agencies’ medical advisory boards to 

recommend uniform guidelines for 

medical/functional fitness for operators 

of commercial vessels. 

The Committee will meet at least once 

a year. It may also meet for additional 

purposes. Subcommittees and working 

groups may also meet to consider 

specific problems. 

Request for Applications 

The Committee will be composed of 

fourteen members. Ten Committee 

members shall be health-care 

professionals with particular expertise, 

knowledge, or experience regarding the 

medical examinations of merchant 

mariners or occupational medicine. 

Four Committee members shall be 

professional mariners with knowledge 

and experience in mariners’ 

occupational requirements. 

Initial appointments to the MMMAC 

shall be for terms of office of one, two, 

or three years. Thereafter, members 

shall serve terms of three years. 

Approximately one-third of members’ 

terms of office shall expire each year. A 

member appointed to fill an unexpired 

term shall serve the remainder of that 

term. All members may serve more than 

one term. In the event the MMMAC 

terminates, all appointments to the 

committee shall terminate. 

In support of the policy of the Coast 

Guard on gender and ethnic diversity, 

we encourage qualified women and 

members of minority groups to apply. 

All members shall serve as Special 

Government Employees (SGE), as 

defined in section 202(a) of title 18, 

United States Code. As a candidate for 

appointment as an SGE, applicants are 

required to complete a Confidential 

Financial Disclosure Report (OGE Form 

450). A completed OGE Form 450 is not 

releasable to the public except under an 

order issued by a Federal court or as 

otherwise provided under the Privacy 

Act (5 U.S.C. 552a). Only the Designated 

Agency Ethics Official (DAEO) or the 

DAEO’s designate may release a 

Confidential Financial Disclosure 

Report. 

If you are interested in applying to 

become a member of the Committee, 

send a completed application to Captain 

Eric Christensen, DFO of the MMMAC. 

Send the application in time for it to be 

received by the DFO on or before 

August 3, 2009. 

A copy of the application form is 

available in the docket for this notice. 

To visit our online docket, go to 

http://www.regulations.gov, enter the 

docket number for this notice USCG– 

2009–0446 in the Search box, and click 

‘‘Go >>.’’ Applicants may also request 

an application form via fax at 1–202– 

372–1918. 

Dated: June 3, 2009. 

J. A. Watson, 

Rear Admiral, U.S. Coast Guard, Director, 

Prevention Policy. 

[FR Doc. E9–13634 Filed 6–9–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2008–0022] 

Criteria for Preparation and Evaluation 

of Radiological Emergency Response 

Plans and Preparedness in Support of 

Nuclear Power Plants; NUREG–0654/ 

FEMA–REP–1/Rev. 1 Supplement 4 and 

FEMA Radiological Emergency 

Preparedness Program Manual 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Extension of comment period. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) is 

extending the comment period for two 

documents: The proposed Supplement 4 

(Supplement 4) to ‘‘Criteria for 

Preparation and Evaluation of 


erowe on PROD1PC63 with NOTICES