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65526 Federal Register / Vol. 71, No.

216 / Wednesday, November 8, 2006 / Notices

whistleblower protection sections in DEPARTMENT OF HEALTH AND prior to smoking, during smoking and
order to pursue any legal remedy. HUMAN SERVICES after smoking) will be used to measure
dose based on the number of cigarettes
Disciplinary Actions Centers for Disease Control and smoked, amount of each cigarette
Prevention smoked, filter vent blocking behavior,
Under the existing laws, each agency
retains the right, where appropriate, to [30Day–07–05BF] smoking behavior and puff
discipline an employee for conduct that characteristics.
is inconsistent with Federal Agency Forms Undergoing Paperwork Another objective of this study is to
Reduction Act Review define average or ‘‘composite’’ smoking
antidiscrimination and whistleblower
patterns across several of the most
protection laws up to and including The Centers for Disease Control and popular cigarette categories (ultralight,
removal. Nothing in the No FEAR Act Prevention (CDC) publishes a list of light, full-flavored menthol and full-
alters existing laws or permits an agency information collection requests under flavored non-menthol) from the
to take unfounded disciplinary action review by the Office of Management and
quantitative and observational data. All
against a Federal employee or to violate Budget (OMB) in compliance with the
current smoking machine
the procedural rights of a Federal Paperwork Reduction Act (44 U.S.C.
methodologies are ‘‘one size fits all’’
employee who has been accused of Chapter 35). To request a copy of these
approaches to generating cigarette
discrimination. requests, call the CDC Reports Clearance
smoke. The composite conditions can be
Officer at (404) 639–4766 or send an
Additional Information used to establish human behavior-based
e-mail to omb@cdc.gov. Send written
smoking machine methods for
comments to CDC Desk Officer, Office of
For further information regarding the laboratory studies that require cigarette
Management and Budget, Washington,
No FEAR Act regulations, refer to 5 CFR smoke for chemical or toxicological
DC or by fax to (202) 395–6974. Written
Part 724, or contact the Office of testing. Currently, laboratory scientists
comments should be received within 30
Opportunity & Inclusiveness (OOI) or rely on automated smoking machines to
days of this notice.
the Office of the General Counsel, Legal generate cigarette smoke for chemical
Services Group. OOI is located at 441 G Proposed Project and toxicological testing.
Street, NW., Room 6123, Washington, Human Smoking Behavior—New— Funding for this study will come from
DC 20548. The Office of the General National Center for Chronic Disease and both NCCDPHP and NCEH. The Centers
Counsel, Legal Services, is located at Public Health Promotion (NCDDPHP), will share responsibilities, with
Centers for Disease Control and administrative and technical assistance
441 G Street, NW., Room 7838,
Prevention (CDC). coming from NCCDPHP and laboratory
Washington, DC 20548. Additional
support coming from NCEH.
information regarding Federal Background and Brief Description This is a two-year study, and an
antidiscrimination, whistleblower estimated 500 respondents will be
CDC, National Center for Chronic
protection, and retaliation laws can be screened by telephone to yield 360
Disease Prevention and Health
found at the Equal Employment eligible respondents who complete both
Promotion (NCCDPHP), in a joint
Opportunity Commission Web site— venture with the National Center for visits over the two-year study period.
http://www.eeoc.gov, the Office of Environmental Health (NCEH), proposes The total burden for each respondent
Special Counsel Web site—http:// to conduct a 2-year laboratory-based who completes screening, visit 1 and
www.osc.gov, and in GAO Order 2713.2, study of human smoking behavior visit 2 will be two hours and five
‘‘Discrimination Complaint Resolution among established current smokers of minutes. The CATI screening will take
Process’’ (July 10, 2006), and Personnel the major styles and varieties of five minutes. Visit 1 will take one hour,
Appeals Board regulations, 4 CFR Part cigarettes consumed in the United which includes a short screening item,
28. The PAB/OGC is located at Union States. This study will compare how the informed consent process, biologic
Center Plaza II, Suite 580, 820 First different categories of cigarettes deliver sample collection (urine, saliva, and
Street, NE., Washington, DC 20002. toxic chemicals to smokers in order to breath carbon monoxide), smoking
further investigate the link between topography, ventilation hole blocking
Existing Rights Unchanged procedure and breath measurements.
tobacco use and disease.
Pursuant to section 205 of the No The major objective of this study is to Visit 2 will also take approximately one
FEAR Act, neither the Act nor this better understand how human and hour, which includes compensation,
notice creates, expands, or reduces any cigarette variables influence the discussion of quit opportunities if
delivered dose of harmful chemicals in requested, collection of cigarette butts,
rights otherwise available to any
smoke to identify risk factors that result biologic sample collection (urine, saliva,
employee, former employee or applicant
in adverse health effects from smoking. and breath carbon monoxide), smoking
under the laws of the United States,
The smoking behavior and biomarkers topography, ventilation hole blocking
including the provisions of law of 360 smokers will be ascertained. procedure and breath measurements.
specified in 5 U.S.C. 2302(d). Participants will attend two sessions on The following table summarizes
Dated: November 3, 2006. consecutive days. Solanesol levels in burden on an annualized basis for 500
Gary L. Kepplinger, cigarette filter butts; carbon monoxide telephone interviews and 180 eligible
General Counsel, Government Accountability boost in breath; carcinogens and respondents (one-half of the total
Office. nicotine and its metabolites in urine; respondents). The 180 eligible
[FR Doc. E6–18862 Filed 11–7–06; 8:45 am] cotinine in saliva; vent-blocking (as respondents estimated to complete visit
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measured by filter stain pattern and 2 are the same respondents estimated to
BILLING CODE 1610–02–P
visualization of lip and finger placement complete visit 1.
on the rod using fluorescent markers); There are no costs to the respondents
smoking topography; and breathing other than their time. The total
patterns (inhalation and exhalation estimated annualized burden hours are
volume, breath velocity and duration 402.

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Federal Register / Vol. 71, No. 216 / Wednesday, November 8, 2006 / Notices 65527

ESTIMATED ANNUALIZED BURDEN HOURS


Average bur-
Number of
Number of den per re-
Respondents Procedure responses per
respondents sponse (in
respondent hours)

Smokers .................................................................................. CATI Screening ...................... 500 1 5/60


Eligible Smokers ..................................................................... Visit 1 (Day 1) ........................ 180 1 1
Eligible Smokers ..................................................................... Visit 2 (Day 2) ........................ 180 1 1

Dated: November 1, 2006. routine use number 4 authorizing program, or to enable such agency to
Catina J. Conner, disclosure to support constituent fulfill a requirement of Federal statute
Acting Assistant Reports Clearance Officer, requests made to a congressional or regulation that implements a health
Centers for Disease Control and Prevention. representative. If an authorization for benefits program funded in whole or in
[FR Doc. E6–18825 Filed 11–7–06; 8:45 am] the disclosure has been obtained from part with Federal funds; (3) support a
BILLING CODE 4163–18–P the data subject, then no routine use is research or evaluation project; (4)
needed. The Privacy Act allows for support litigation involving the agency;
disclosures with the ‘‘prior written and (5) combat fraud, waste, and abuse.
DEPARTMENT OF HEALTH AND consent’’ of the data subject. We have provided background
HUMAN SERVICES We will broaden the scope of routine information about the modified system
uses number 5 and 6, authorizing in the SUPPLEMENTARY INFORMATION
Centers for Medicare & Medicaid disclosures to combat fraud and abuse section below. Although the Privacy Act
Services in the Medicare and Medicaid programs requires only that CMS provide an
to include combating ‘‘waste’’ which opportunity for interested persons to
Privacy Act of 1974; Report of a refers to specific beneficiary/recipient comment on the modified or altered
Modified or Altered System of Records practices that result in unnecessary cost routine uses, CMS invites comments on
AGENCY: Department of Health and to all federally-funded health benefit all portions of this notice. See EFFECTIVE
Human Services (HHS), Centers for programs. DATES section for comment period.
Medicare & Medicaid Services (CMS). We are modifying the language in the DATES: Effective Dates: CMS filed a
ACTION: Notice of a Modified or Altered remaining routine uses to provide a modified or altered system report with
System of Records (SOR). proper explanation as to the need for the the Chair of the House Committee on
routine use and to provide clarity to Government Reform and Oversight, the
SUMMARY: In accordance with the CMS’s intention to disclose individual- Chair of the Senate Committee on
Privacy Act of 1974, we are proposing specific information contained in this Homeland Security & Governmental
to modify or alter an existing SOR, system. The routine uses will then be Affairs, and the Administrator, Office of
‘‘Medicaid Statistical Information prioritized and reordered according to Information and Regulatory Affairs,
System (MSIS),’’ System No. 09–70– their usage. We will also take the Office of Management and Budget
6001, last published at 67 FR 48906 opportunity to update any sections of (OMB) on November 2, 2006. To ensure
(July 26, 2002). CMS is reorganizing its the system that were affected by the that all parties have adequate time in
databases because of the impact of the recent reorganization or because of the which to comment, the modified
Medicare Prescription Drug, impact of the Medicare Prescription system, including routine uses, will
Improvement, and Modernization Act of Drug, Improvement, and Modernization become effective 30 days from the
2003 (MMA) (Public Law (Pub. L.) 108– Act of 2003 (MMA) (Public Law 108– publication of the notice, or 40 days
173) provisions and the large volume of 173) provisions and to update language from the date it was submitted to OMB
information the Agency collects to in the administrative sections to and Congress, whichever is later, unless
administer the Medicare program. We correspond with language used in other CMS receives comments that require
propose to assign a new CMS CMS SORs. alterations to this notice.
identification number to this system to The primary purpose of this modified ADDRESSES: The public should address
simplify the obsolete and confusing system is to establish an accurate, comments to: CMS Privacy Officer,
numbering system originally designed current, and comprehensive database Division of Privacy Compliance,
to identify the Bureau, Office, or Center containing standardized enrollment, Enterprise Architecture and Strategy
that maintained the system of records. eligibility, and paid claims of Medicaid Group, Office of Information Services,
The new assigned identifying number beneficiaries to be used for the CMS, Room N2–04–27, 7500 Security
for this system should read: System No. administration of Medicaid at the Boulevard, Baltimore, Maryland 21244–
09–70–0541. Federal level, produce statistical 1850. Comments received will be
We propose to modify existing routine reports, support Medicaid related available for review at this location, by
use number 1 that permits disclosure to research, and assist in the detection of appointment, during regular business
agency contractors and consultants to fraud and abuse in the Medicare and hours, Monday through Friday from 9
include disclosure to CMS grantees who Medicaid programs. Information a.m.–3 p.m., eastern time zone.
perform a task for the agency. CMS retrieved from this system will also be FOR FURTHER INFORMATION CONTACT: Ron
grantees, charged with completing disclosed to: (1) Support regulatory, North, Division of Informational
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projects or activities that require CMS reimbursement, and policy functions Analysis and Technical Assistance,
data to carry out that activity, are performed within the agency or by a Finance, Systems & Budget Group,
classified separate from CMS contractor or consultant; (2) assist Center for Medicaid and State
contractors and/or consultants. The another Federal or state agency with Operations, CMS, Mail Stop S3–13–15,
modified routine use will remain as information to enable such agency to 7500 Security Boulevard, Baltimore,
routine use number 1. We will delete administer a Federal health benefits Maryland 21244–1850. He can also be

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