66902 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices

stations supplied from the Golden Eagle

refinery to an acquirer approved by the

Commission. (¶ II.A.) The retail

divestiture is ordered to maintain the

likelihood that the owner of the Golden

Eagle refinery will have incentives to

produce CARB gasoline and other

petroleum products equivalent to

Ultramar’s pre-merger incentives. The

divestiture of Ultramar’s Golden Eagle

refinery, with associated Ultramar retail

assets, will not significantly reduce the

amount of gasoline available to nonintegrated marketers, since the refinery

will likely continue to produce CARB

gasoline and other products and will

need outlets for its sale.

Divestiture of the Golden Eagle

refinery will effectively restore the

competitive status quo ante in both

markets. Valero and Ultramar are the

only major refiners in California with

excess capacity above their direct

marketing needs. This excess (or

‘‘swing’’) capacity helps to dampen

price spikes during shortages resulting

from refinery shutdowns. Elimination of

this swing production would lead to

greater and longer price spikes during

refinery outages. The divestiture will

eliminate the combined company’s

ability and incentive to unilaterally

reduce production and raise prices. In

addition, Valero and Ultramar are the

primary suppliers of unbranded

wholesale gasoline to independent

marketers and, in Northern California,

they compete directly for this business.

These unbranded marketers provide

lower-cost competition to the branded

refiner-marketers. The divestiture will

insure that the remaining independent

marketers have two vigorous

competitors for their business, thus

helping them to survive and continue to

provide a lower-cost alternative for

consumers. This competition, in turn,

will increase the incentive for Valero

and the acquirer to supply more CARB

gasoline, thus, increasing swing

capacity. The divestiture will

complicate the ability of the Northern

California refiners to coordinate their

production because there will be more

refiners than there would be without the

divestiture. Valero and the acquirer will

likely have different incentives than the

integrated refiner-marketers and may be

less willing to coordinate output

decisions with the refiner-marketers.

Although the divestiture will have the

most direct effect in Northern

California, it will also help competition

in California as a whole; since supplies

are longer in Northern California, CARB

gasoline typically flows north to south.

Maintaining production in Northern

California will therefore result in more

product availability throughout the

state.

In considering an application to

divest the Ultramar Golden Eagle

refinery and associated marketing assets

to an acquirer, the Commission will

consider the acquirer’s ability and

incentive to invest and compete in the

businesses in which Ultramar was

engaged in California. The Commission

will consider, inter alia, whether the

acquirer has the business experience,

technical judgment and available capital

to continue to invest in the refinery in

order to maintain CARB gasoline

production even in the event of

changing environmental regulation.

B. Other Terms

Paragraphs III–VII of the Proposed

Order detail certain general provisions.

Pursuant to Paragraph III, if

Respondents fail to comply with the

divestiture ordered in Paragraph II, the

Commission may appoint a trustee to

effectuate the divestiture of the Golden

Eagle Refinery and the 70 retail stations,

or substitute a package containing

Ultramar’s two California refineries and

all of Ultramar’s company-operated

retail stations. Paragraph IV requires the

Respondents to provide the Commission

with a report of compliance with the

Proposed Order every sixty days until

the divestitures are completed.

Paragraph V provides for notification

to the Commission in the event of any

changes in the corporate Respondents.

Paragraph VI requires that Respondents

provide the Commission with access to

their facilities and employees for the

purposes of determining or securing

compliance with the Proposed Order.

Finally, to avoid conflicts between the

Proposed Order and the State consent

decrees, Paragraph VII provides that if a

State fails to approve any of the

divestitures contemplated by the

Proposed Order, then the period of time

required under the Proposed Order for

such divestiture shall be extended for

sixty days.

V. Opportunity for Public Comment

The Proposed Order has been placed

on the public record for thirty (30) days

for receipt of comments by interested

persons. The Commission, pursuant to a

change in its Rules of Practice, has also

issued its Complaint in this matter, as

well as a Hold Separate Order.

Comments received during this thirty

day comment period will become part of

the public record. After thirty (30) days,

the Commission will again review the

Proposed Order and the comments

received and will decide whether it

should withdraw from the Proposed

Order or make final the Proposed Order.

By accepting the Proposed Order

subject to final approval, the

Commission anticipates that the

competitive problems alleged in the

Complaint will be resolved. The

purpose of this analysis is to invite

public comment on the Proposed Order,

including the proposed divestitures, and

to aid the Commission in its

determination of whether it should

make final the Proposed Order

contained in the agreement. This

analysis is not intended to constitute an

official interpretation of the Proposed

Order, nor is it intended to modify the

terms of the Proposed Order in any way.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 01–31779 Filed 12–26–01; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Disease Control and

Prevention

Citizens Advisory Committee on Public

Health Service Activities and Research

at Department of Energy (DOE) Sites:

Savannah River Site Health Effects

Subcommittee (SRSHES)

In accordance with section 10(a)(2) of

the Federal Advisory Committee Act

(Pub. L. 92–463), the Centers for Disease

Control and Prevention (CDC), and the

Agency for Toxic Substances and

Disease Registry (ATSDR) announce the

following meeting.

Name: Citizens Advisory Committee

on Public Health Service Activities and

Research at Department of Energy (DOE)

Sites: Savannah River Site Health

Effects Subcommittee (SRSHES).

Times and Dates: 8:30 a.m.–4:45 p.m.,

January 10, 2002. 8:30 a.m.–12 noon,

January 11, 2002.

Place: Charleston Riverview Hotel

(formerly Radisson Hotel Charleston)

170 Lockwood Drive, Charleston, South

Carolina 29403, telephone (843) 723–

3000, fax (843) 723–0276.

Status: Open to the public, limited

only by the space available. The meeting

room accommodates approximately 50

people.

Background: Under a Memorandum

of Understanding (MOU) signed in

December 1990 with DOE, and replaced

by MOUs signed in 1996 and 2000, the

Department of Health and Human

Services (HHS) was given the

responsibility and resources for

conducting analytic epidemiologic

investigations of residents of

communities in the vicinity of DOE

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices 66903

facilities, workers at DOE facilities, and

other persons potentially exposed to

radiation or to potential hazards from

non-nuclear energy production use.

HHS delegated program responsibility

to CDC.

In addition, a memo was signed in

October 1990 and renewed in November

1992, 1996, and in 2000, between

ATSDR and DOE. The MOU delineates

the responsibilities and procedures for

ATSDR’s public health activities at DOE

sites required under sections 104, 105,

107, and 120 of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA or ‘‘Superfund’’). These

activities include health consultations

and public health assessments at DOE

sites listed on, or proposed for, the

Superfund National Priorities List and

at sites that are the subject of petitions

from the public; and other healthrelated activities such as epidemiologic

studies, health surveillance, exposure

and disease registries, health education,

substance-specific applied research,

emergency response, and preparation of

toxicological profiles.

Purpose: This subcommittee is

charged with providing advice and

recommendations to the Director, CDC,

and the Administrator ATSDR,

regarding community concerns

pertaining to CDC’s and ATSDR’s public

health activities and research at this

DOE site. The purpose of this meeting

is to provide a forum for community

interaction and serve as a vehicle for

community concerns to be expressed as

advice and recommendations to CDC

and ATSDR.

Matters to be Discussed: Agenda items

include an update from the National

Institute for Occupational Safety and

Health (NIOSH); a presentation on

toxicity of heavy metals and

radionuclides; an update on screening

methods for Savannah River Site

production workers; and status reports

from the SRSHES working groups on

Epidemiologic Data, Scenario Screening,

and Phase II—Community Summary.

Agenda items are subject to change as

priorities dictate.

An administrative delay prevented

meeting the 15-day publication

requirement.

Contact Person for More Information:

Phillip Green, Executive Secretary,

SRSHES, Radiation Studies Branch,

Division of Environmental Hazards and

Health Effects, NCEH, CDC, 1600 Clifton

Road, N.E. (E–39), Atlanta, GA 30333,

telephone 404/498–1800, fax 404/498–

1811.

The Director, Management Analysis

and Services Office, has been delegated

the authority to sign Federal Register

notices pertaining to announcements of

meetings and other committee

management activities for both CDC and

ATSDR.

Dated: December 19, 2001.

John Burckhardt,

Acting Director, Management Analysis and

Services Office, Centers for Disease Control

and Prevention.

[FR Doc. 01–31733 Filed 12–26–01; 8:45 am]

BILLING CODE 4163–18–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Medicare & Medicaid

Services

Privacy Act of 1974; Report of a

Modified or Altered System

AGENCY: Department of Health and

Human Services (HHS), Centers for

Medicare & Medicaid Services (CMS)

(formerly the Health Care Financing

Administration).

ACTION: Notice of modified or altered

System of Records (SOR).

SUMMARY: In accordance with the

requirements of the Privacy Act of 1974,

we are proposing to modify or alter an

SOR titled ‘‘Home Health Agency

Outcome and Assessment Information

Set (HHA OASIS),’’ System No. 09–70–

9002. CMS proposes to add a new

routine use authorizing disclosure to

national accrediting organizations that

have been approved by CMS for

deeming authority for Medicare

requirements for home health services.

Information will be released to these

organizations upon specific request, and

only for those facilities that they

accredit and that participate in the

Medicare program by virtue of their

accreditation status, i.e., facilities with

deemed status. Additionally,

disclosures authorized by published

routine uses numbers 3 and 4 are

similar in scope and as such will be

combined into one routine use to allow

release of information to ‘‘another

Federal and/or state agency, agency of a

state government, an agency established

by state law, or its fiscal agent, for

evaluating and monitoring the quality of

home health care and contribute to the

accuracy of health insurance

operations.’’ CMS will also add 2 new

routine uses that will permit disclosure

of information in this system to combat

fraud and abuse in certain Federally

funded health care programs.

In addition, the security classification

previously reported as ‘‘None’’ will be

modified to reflect that the data in this

system are considered to be ‘‘Level

Three Privacy Act Sensitive.’’ We are

modifying the language in the remaining

routine uses to provide clarity to CMS’s

intention to disclose individual-specific

information contained in this system.

The routine uses will then be prioritized

and reordered according to their usage.

We will also take the opportunity to

update any sections of the system that

were affected by the recent

reorganization and to update language

in the administrative sections to

correspond with language used in other

CMS SORs.

The primary purposes of the SOR are

to: (1) Study and help ensure the quality

of care provided by home health

agencies (HHA); (2) aid in

administration of the survey and

certification of Medicare/Medicaid

HHAs; (3) enable regulators to provide

HHAs with data for their internal

quality improvement activities; (4)

support agencies of the state

government to determine, evaluate and

assess overall effectiveness and quality

of HHA services provided in the state;

(5) provide for the validation, and

refinements of the Medicare Prospective

Payment System; (6) aid in the

administration of Federal and state HHA

programs within the state; and (7)

monitor the continuity of care for

patients who reside temporarily outside

of the state. Information maintained in

this system will also be disclosed to: (1)

Support regulatory, reimbursement, and

policy functions performed within the

Agency or by a contractor or consultant;

(2) assist another Federal and/or state

agency, agency of a state government, an

agency established by state law, or its

fiscal agent, for evaluating and

monitoring the quality of home health

care and contribute to the accuracy of

health insurance operations; (3) support

research, evaluation, or epidemiological

projects related to the prevention of

disease or disability, or the restoration

or maintenance of health, and for

payment related projects; (4) support the

functions of Peer Review Organizations

(PRO); (5) support the functions of

national accrediting organizations; (6)

support litigation involving the Agency;

(7) support constituent requests made to

a Congressional representative; and (8)

combat fraud and abuse in certain

health care programs. We have provided

background information about the

proposed system in the ‘‘Supplementary

Information’’ section below. Although

the Privacy Act requires only that the

‘‘routine use’’ portion of the system be

published for comment, CMS invites

comments on all portions of this notice.

See EFFECTIVE DATES section for

comment period.