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14930 Federal Register / Vol. 71, No.

57 / Friday, March 24, 2006 / Notices

Research; 93.209, Contraception and This notice is being published less than 15 Advisory Council. Pursuant to the
Infertility Loan Repayment Program, National days prior to the meeting due to the timing Homeland Security Act of 2002, the
Institutes of Health, HHS) limitations imposed by the review and Department is taking measures to
Dated: March 20, 2006. funding cycle. facilitate strategic planning and effective
Anna Snouffer, Name of Committee: Center for Scientific discussion of critical infrastructure
Review Special Emphasis Panel; AIDS— issues and to protect sensitive critical
Acting Director, Office of Federal Advisory Molecular and Cell Biology.
Committee Policy. Date: April 7, 2006. infrastructure information while also
[FR Doc. 06–2887 Filed 3–23–06; 8:45 am] Time: 11 a.m. to 2 p.m. observing appropriate public disclosure
BILLING CODE 4140–01–M Agenda: To review and evaluate grant procedures for the council.
applications. Name of Committee: Critical
Place: National Institutes of Health, 6701 Infrastructure Partnership Advisory
DEPARTMENT OF HEALTH AND Rockledge Drive, Bethesda, MD 20892. Council (CIPAC).
HUMAN SERVICES (Telephone Conference Call). FOR FURTHER INFORMATION CONTACT:
Contact Person: Ranga V. Srinivas, PhD, Brett Lambo, Infrastructure Programs
National Institutes of Health Scientific Review Administrator, Center for
Scientific Review, National Institutes of
Office, Infrastructure Partnerships
Health, 6701 Rockledge Drive, Room 5222, Division, Office of Infrastructure
Center for Scientific Review; Notice of Protection, Preparedness Directorate,
MSC 7852, Bethesda, MD 20892. (301) 435–
Closed Meetings United States Department of Homeland
1167. srinivar@csr.nih.gov.
Pursuant to section 10(d) of the This notice is being published less than 15 Security, Washington, DC 20528,
Federal Advisory Committee Act, as days prior to the meeting due to the timing telephone (703) 235–5311 or via e-mail
amended (5 U.S.C. Appendix 2), notice limitations imposed by the review and at brett.lambo@dhs.gov.
funding cycle.
is hereby given of the following SUPPLEMENTARY INFORMATION:
meetings. Name of Committee: Center for Scientific
The meetings will be closed to the Review Special Emphasis Panel; Treatment Background
Technologies.
public in accordance with the Date: April 14, 2006. 1. The Department’s Relationship With
provisions set forth in sections Time: 11 a.m. to 12 p.m. Owners of Critical Infrastructure
552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant Approximately 85 percent of this
as amended. The grant applications and applications. nation’s critical infrastructure is owned
the discussions could disclose Place: National Institutes of Health, 6701 by the private sector. See, e.g., National
confidential trade secrets or commercial Rockledge Drive, Bethesda, MD 20892.
(Telephone Conference Call). Infrastructure Advisory Council Report,
property such as patentable material, Sector Partnership Model
and personal information concerning Contact Person: Lee Rosen, PhD, Scientific
Review Administrator, Center for Scientific Implementation: Final Report and
individuals associated with the grant Review, National Institutes of Health, 6701 Recommendations 6 (Oct. 11, 2005)
applications, the disclosure of which Rockledge Drive, Room 5116, MSC 7854, (‘‘NIAC Report’’). Thus, in drafting the
would constitute a clearly unwarranted Bethesda, MD 20892. (301) 435–1171. Homeland Security Act of 2002,
invasion of personal privacy. rosenl@csr.nih.gov. Congress repeatedly stressed that the
Name of Committee: Center for Scientific (Catalogue of Federal Domestic Assistance new Department of Homeland Security
Review Special Emphasis Panel; Stem Cell Program Nos. 93.306, Comparative Medicine; must have a close and highly effective
Selection. 93.333, Clinical Research, 93.306, 93.333, relationship with the private sector
Date: March 29, 2006. 93.337, 93.393–93.396, 93.837–93.844,
Time: 2 p.m. to 3 p.m. 93.846–93.878, 93.892, 93.893, National
owners of this infrastructure. See, e.g.,
Agenda: To review and evaluate grant Institutes of Health, HHS) 6 U.S.C. 121(d)(11) (requiring
applications. consultation with ‘‘private sector
Dated: March 19, 2006. entities to ensure appropriate exchanges
Place: National Institutes of Health, 6701
Rockledge Drive, Bethesda, MD 20892. Anna Snouffer, of information’’); 6 U.S.C. 112(c)
(Telephone Conference Call). Acting Director, Office of Federal Advisory (requiring coordination with non-federal
Contact Person: Richard Panniers, PhD, Committee Policy. entities); see also Statement of Senator
Scientific Review Administrator, Center for [FR Doc. 06–2886 Filed 3–23–06; 8:45 am] Joe Lieberman, Nov. 16, 2005 (‘‘That’s
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 2212,
BILLING CODE 4140–01–M why we created an Infrastructure
MSC 7890, Bethesda, MD 20892. (301) 435– Protection division in the Department of
1741. pannierr@csr.nih.gov. Homeland Security which was the first
This notice is being published less than 15 DEPARTMENT OF HOMELAND of its kind at any federal agency. The
days prior to the meeting due to the timing SECURITY point was that government needed to
limitations imposed by the review and work with the private sector to make
funding cycle. Office of the Secretary sure the systems so crucial to our way
Name of Committee: Center for Scientific of life were adequately protected, and if
Review Special Emphasis Panel; AIDS- Critical Infrastructure Partnership attacked by terrorists or overwhelmed
associated Malignancies. Advisory Council
Date: April 6, 2006. by natural forces, were able to recover
Time: 11 a.m. to 1 p.m. AGENCY: Preparedness Directorate, quickly and restore services.’’).
Agenda: To review and evaluate grant Office of Infrastructure Protection, Congress explicitly instructed the
applications. Department of Homeland Security. Department to create an effective
Place: National Institutes of Health, 6701 ACTION: Committee management: notice structure for sharing sensitive
Rockledge Drive, Bethesda, MD 20892. information with the private sector on
(Telephone Conference Call). of committee establishment.
infrastructure. Congress also explicitly
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Contact Person: Ranga V. Srinivas, PhD, SUMMARY: In order to facilitate an mandated that the Department ‘‘ensure
Scientific Review Administrator, Center for
Scientific Review, National Institutes of effective defense of our Nation’s critical the security and confidentiality’’ of
Health, 6701 Rockledge Drive, Room 5222, infrastructure, the Department of sensitive homeland security
MSC 7852, Bethesda, MD 20892. (301) 435– Homeland Security is creating the information, and gave the Department
1167. srinivar@csr.nih.gov. Critical Infrastructure Partnership specific new authorities to protect such

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Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Notices 14931

information. See 6 U.S.C. 131 et seq.; 6 effectively attack a particular infrastructure understood framework that facilitates the
U.S.C. 451; 6 U.S.C. 482. and cause cascading consequences across flow of advice and information concerning
Over the past two years, the multiple infrastructures. critical infrastructure protection. Not doing
Department has consulted with so would inhibit information sharing, risk
HSAC Report at 30. publicly disclosing vulnerabilities, and
Congress and with the Department’s suppress ad hoc communications during
private and public sector partners and 2. Identifying Solutions
emergencies.
advisory committees to assess the The Department’s principal advisory
strength and effectiveness of its committees specifically concluded that NIAC Report at 12. The NIAC went on
relationships with private sector owners concerns regarding the Federal Advisory to opine that exercising the exemption
of critical infrastructure. The Committee Act (FACA) have frustrated will have a direct effect: ‘‘Interactions
Government Accountability Office and vital communication between DHS and between the government and private
others have reported that the private critical infrastructure sectors. This Act, sector will increase, and the flow of
sector continues to resist sharing critical when it applies, generally requires information will be much more
infrastructure information with the advisory committees to meet in open efficient.’’ Id. at 15. The NIAC found the
Department. See, e.g., Govt. Acct. Off., session and make publicly available exercise of the exemption authority to
Rep. No. GAO–03–1165T, Homeland associated written materials. 5 U.S.C. be ‘‘essential’’ for ‘‘short- and long-term
Security: Information Sharing App. 2 sec. 10. It also requires a 15-day success.’’ Id. Without exercising the
Responsibilities, Challenges, and Key notice before any meeting may be exemption authority, according to the
Management Issues 26 (Sept. 17, 2003) ‘‘closed’’ to public attendance, a NIAC, DHS will not be able to
(‘‘As noted in our February 2003 report, requirement which could prevent the accomplish its critical infrastructure
some in the private sector expressed Department from meeting on short protection and information sharing
concerns about voluntarily sharing notice to discuss sensitive information goals. Id. at 15–16; cf. Govt. Acct. Off.,
information with the government.’’); in an appropriate setting. The Act Rep. No. GAO–02–811T, National
Govt. Acct. Off., Rep. No. GAO–06–150, contains a number of exceptions to its Preparedness: Integrating New and
Homeland Security: DHS is Taking general disclosure rules, but the Existing Technology and Information
Steps to Enhance Security at Chemical applicability of those exceptions Sharing into an Effective Homeland
Facilities, but Additional Authority is presents what many view as a Security Strategy 9 (June 7, 2002) (‘‘[I]n
Needed 55–56 (Jan. 2006) (‘‘While the significant litigation risk. See, e.g., NIAC recent discussions with us, industry
industry wants to cooperate with DHS Report at 14. The Department’s officials said that their chief concern in
on its chemical security efforts, consultations with the Department of sharing information about
businesses are concerned that sensitive Justice have reinforced this conclusion. vulnerabilities and attacks is disclosure
information could be released.’’); The HSAC summed up the potential of proprietary data.’’).
Homeland Security Advisory Council consequences of public disclosure of the 3. Exercise of 871 Authority in a Manner
Report, Homeland Security Information sensitive information: Intended To Respect Principles of FACA
Sharing Between Government and the Communications [between critical private Despite many past requests, the
Private Sector 1 (August 10, 2005) sector entities and the Federal Government] Department has not previously
(‘‘HSAC Report’’) (stating that effective must remain non-public * * * Disclosing
this sort of information would defeat the
exercised the authority Congress
cooperation between DHS and the
purpose of those communications by giving provided in Section 871. This
private sector ‘‘has been hampered by a
our nation’s enemies information they could reluctance has been due in part to a
variety of legal and procedural
use to most effectively attack a particular respect to the principles of open-
obstacles’’); compare 148 Cong. Rec.
infrastructure and cause cascading government. Given mounting evidence
S11002, S11001 (Nov. 14, 2002) consequences across multiple infrastructures. that the use of this authority could
(Senator Lieberman) (‘‘We have to close
HSAC Report at 30. Because of these improve the Department’s ability to
vulnerabilities in those [critical
concerns, the HSAC recommended that protect critical infrastructure and
infrastructure] systems before terrorists
DHS consider using its authority under perform strategic planning, the
strike them. To do so, we have to be
section 871 of the Homeland Security Department is now invoking that
working with the private sector.’’).
A number of advisory councils have Act of 2002, 6 U.S.C. 451, to exempt authority but, as explained below, in a
recently re-assessed this problem and critical infrastructure advisory manner intended to preserve the
provided recommendations to the committees from the FACA principles of open government
Department. For example, after a requirements. Section 871 provides the embraced by FACA. Out of concern for
lengthy study in August of 2005, the Secretary of Homeland Security with those principles, the Department has
Homeland Security Advisory Council the authority to establish advisory chosen to institute procedures calling
(HSAC) opined: committees and exempt them from the for as much public disclosure as is
FACA. 6 U.S.C. 451(a). This authority consistent with homeland security
Fundamentally, the challenge of ensuring the goals.
resilient/reliable operation of critical
allows the Department to enhance the
incentives for providing the Department The decisions announced in this
infrastructure is unique, as it requires close
communication and coordination between with information and recommendations Notice are consistent with longstanding
critical private sector entities and the Federal that would not otherwise be provided. efforts to increase our capacity to
agencies charged with regulating them. Those The National Infrastructure Advisory protect our critical infrastructure and
communications, moreover, must remain Council (NIAC) also considered this key resources. Since September 11,
non-public in order for those functions to be authority and drew a conclusion similar 2001, numerous authoritative bodies—
served. As specified in statute, these the Congress, advisory councils, and the
to the HSAC:
communications are to involve intelligence 9/11 Commission among them—have
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and law enforcement information, and are to Effective critical infrastructure protection
requires the ability to have real time,
stressed the importance of information
serve warning, preventative and protective
functions. Disclosing this sort of information continuous communications and open sharing between the federal government
would defeat the purpose of these dialogue among the public and private and the private sector. See, e.g.,
communications by giving our nation’s partners in the model. The granting of the National Commission on Terrorist
enemies information they could use to most 871 exemption will establish a known and Attacks upon the United States, The

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14932 Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Notices

9/11 Commission Report: Final Report activities related to critical arise, the CIPAC Executive Secretariat
of the National Commission on Terrorist infrastructure protection security will provide public notice of when
Attacks upon the United States 398 measures, including incident response, scheduled meetings of the CIPAC are
(authorized ed. 2004) (‘‘Homeland recovery, and reconstitution from events expected to be held. Among its other
security and national preparedness both man-made and naturally occurring; responsibilities, the CIPAC Executive
* * * often begins with the private and the sharing of information about Secretariat will also develop and
sector.’’); 148 Cong. Rec. S11405, threats, vulnerabilities, protective maintain on an ongoing basis a publicly-
S11414 (Nov. 19, 2002) (statement of measures, best practices, and lessons accessible Web site. The CIPAC
Senator Lieberman stressing the learned. Executive Secretariat will also prepare
importance of ‘‘engaging the private These activities require regular, and, to the extent consistent with
sector’’ in anti-terrorism efforts). ongoing, and multi-directional security objectives, publish on the Web
Protecting critical infrastructure and communication and coordination site copies of meeting agendas and
key resources (CI/KR) requires a between CI/KR owners and operators periodic reports on the CIPAC’s
comprehensive, effective, and and government, and to have the ability accomplishments. The Executive
collaborative partnership between all to do so under highly exigent Secretariat will also maintain the
stakeholders. Collaboration among circumstances. During the course of membership list for the CIPAC. DHS
stakeholders must involve many these activities, policy advice and will support the administrative needs of
activities: planning; coordination; recommendations may emerge and be the CIPAC through the CIPAC Executive
security program implementation; provided to the Department of Secretariat.
operational activities related to critical Homeland Security, the SSA for each Membership and Structure: The
infrastructure protection security sector identified in HSPD–7, and the CIPAC will be representative of the
measures, including incident response, other Federal departments and agencies following CI/KR sectors identified in
recovery, and reconstitution from events supporting the critical infrastructure HSPD–7:
both man-made and naturally occurring; protection mission under the NIPP.
Food and Agriculture
and the sharing of information about These departments and agencies have
Banking and Finance
threats, vulnerabilities, protective responsibility for establishing and
Chemical
measures, best practices, and lessons implementing Federal policy and
Commercial Facilities
learned. managing Federal programs. The CIPAC
Defense Industrial Base
An effective partnership must be has no authority to establish Federal
Drinking Water and Waste Water
predicated on the ability to have policy or otherwise undertake
Dams
ongoing, immediate, and multi- inherently governmental functions.
Emergency Services
directional communication and Exemption from Public Law 92–463:
Energy
coordination between the CI/KR owners In recognition of the highly-sensitive,
Information Technology
and operators and government, and often confidential, nature of the
Nuclear Reactors, Materials, and Waste
including under highly exigent subject matter involved in the activities
Postal and Shipping
circumstances. During the course of of the CIPAC, under the authority of
Public Health and Healthcare
these activities, policy advice and section 871 of the Homeland Security
Telecommunications
recommendations may emerge and be Act of 2002 (6 U.S.C. 451), the Secretary
Transportation Systems
provided to the Department of has decided to exempt the CIPAC from
Homeland Security and Sector-Specific the requirements of Public Law 92–463 The specific membership of the
Agencies (SSAs). Consequently, the (5 U.S.C. App. 1 et seq.). The decision CIPAC will consist of: (a) The CI/KR
depth and breadth of the mission have to exercise the exemption authority in owners and operators that are members
unique requirements for comprehensive section 871 will improve the homeland of their respective sector’s recognized
interactions. The CI/KR sectors are so security partnership between Sector Coordinating Council (SCC),
vital to the nation’s economy, public government and the private sector. This including their representative trade or
safety and confidence that it merits use exemption will support the free flow of equivalent organizations [‘‘SCC CIPAC
of all necessary authorities to support information as those involved in Members’’]; and (b) Federal, State, local,
their protection. protecting our critical infrastructure and tribal governmental entities
strive to meet the need for regular, comprising the members of the
4. Establishment of the Critical Government Coordinating Council
interactive discussions concerning
Infrastructure Partnership Advisory (GCC) for each sector, including their
threats and vulnerabilities.
Council DHS recognizes and supports, representative trade or equivalent
In furtherance of DHS’ mission to however, the important principle of organizations [‘‘GCC CIPAC Members’’].
safeguard CI/KR sectors, the Secretary transparency as a foundation for public CI/KR owners and operators are those
has determined that the public interest confidence in government. Accordingly, entities that own and invest in
requires the establishment of the CIPAC. to the full extent compatible with the infrastructure assets, in the systems and
The CIPAC will support implementation achievement of the critical processes to secure them, and that are
of the National Infrastructure Protection infrastructure protection mission, DHS held responsible by the public for their
Plan (NIPP) and will help to effectuate will, as a matter of policy, operate the operations and the response and their
the sector partnership model set forth in CIPAC in a manner consistent with the recovery when their infrastructures or
the NIPP. Specifically, the CIPAC will spirit of this principle. DHS will key resources are disrupted.
facilitate interaction among government maintain the CIPAC Executive SCCs are independent, self-governed
representatives at the Federal, State, Secretariat, which will manage and bodies organized (or presently being
local, and tribal levels and coordinate the activities of the CIPAC organized) by the owners and operators
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representatives from the community of and maintain its records. While many of the nation’s CI/KR within each of the
CI/KR owners and operators in each meetings of the CIPAC will be closed to critical sectors identified in HSPD–7 to
critical sector to engage in, among other the public, meetings will be open as enable them to coordinate among
things, planning; coordination; security feasibly consistent with security themselves on sector initiatives on
program implementation; operational objectives. Unless exigent circumstances critical infrastructure protection,

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Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Notices 14933

including response and recovery. The members of the SCCs, or those VeriSign
SCCs are broadly representative of the consisting solely of members of the Xcel Energy
owners and operators within each CI/KR GCCs, shall not constitute meetings of Federal, State, local, tribal and quasi-
sector. While these councils are the CIPAC. In addition, the CIPAC may governmental entities, or their designated
independent of government, they establish informal working groups for representative trade or equivalent
provide the CIPAC the ability to draw as the purpose of fact-finding, issue associations, identified as members of
representational a membership as development, or other preliminary non- existing GCCs:
possible from each sector and from deliberative activities. Such activities in American Red Cross
across all sectors. support of the CIPAC shall also be Association of Food and Drug Officials
GCCs are interagency coordinating within the scope of the exemption noted North American Securities Administration
bodies that enable interagency and above. Association
cross-jurisdictional coordination within The CIPAC will meet at least quarterly Association of State and Interstate Water
each HSPD–7 sector. Each GCC is to address matters within the scope of Pollution Control Administrators
comprised of representatives from this Charter. The CIPAC Executive Association of State and Territorial Health
across various levels of government (i.e., Secretariat will prepare summary Officials
Federal, State, local, and tribal), as minutes of CIPAC meetings; maintain Association of State Drinking Water
appropriate to the security landscape of calendars and agendas; coordinate Administrators
each sector, and includes the Federal preparation and review of Commodity Futures Trading Commission
departments and agencies with a communications with government Conference of State Bank Supervisors
relevant interest in the sector. Each GCC entities; extend invitations to Farm Credit Administration
is co-chaired by a representative from government officials and other expert Federal Communications Commission
the designated SSA for the sector and by consultants, as needed, to attend Federal Deposit Insurance Corporation
DHS’ Assistant Secretary for meetings; and other administrative Federal Energy Regulatory Commission
Infrastructure Protection. functions as may be required. Federal Housing Finance Board
Appendix A sets forth a list of the Duration of Committee: Two years, Federal Reserve Bank of New York
present membership of the CIPAC from subject to extension pursuant to section Federal Reserve Board
each sector as of this date, including all 871(b) of the Homeland Security Act of Interagency Security Committee
of the GCC CIPAC Members and the 2002 (6 U.S.C. 451(b)). Intertribal Agriculture Council
designated leadership of each SCC now Responsible DHS Official: Nancy J. National Association of County and City
in existence. Immediately following Wong, Director, Infrastructure Programs Health Officials
publication of this Notice in the Federal Office, Infrastructure Partnerships National Association of Departments of
Register, the CIPAC Executive Division, United States Department of Agriculture
Secretariat will work with each SCC’s Homeland Security, Washington, DC National Association of State Chief
leadership, and the SSA for each sector, 20528, telephone (703) 235–5349. Information Officers
to compile a complete list of the CIPAC National Association of State Credit Union
Dated: March 20, 2006.
SCC Members from each sector. Not Supervisors
later than April 24, 2006, the Michael Chertoff,
National Credit Union Administration
Department will publish a subsequent Secretary. Nuclear Regulatory Commission
Notice identifying these additional Appendix A—Membership of the Securities Investor Protection Corporation
members of the CIPAC. As new SCCs Critical Infrastructure Partnership Tennessee Valley Authority
are formed and existing ones mature, Advisory Council United States Army Corps of Engineers
the membership of the CIPAC will grow United States Department of Agriculture
and change to accommodate changes in Leadership of Existing SCCs: United States Department of Commerce
the membership of these bodies. DHS Association of American Railroads United States Department of Defense
will publish quarterly updates in the Cellular Telecommunications & Internet United States Department of Education
Association
Federal Register to announce changes United States Department of Energy
Computer Sciences Corporation
in the membership of the CIPAC. Constellation Generation Group United States Department of Health and
Membership Status: Non-Federal Depository Trust and Clearing Corp. Human Services
members of the CIPAC serve as Duke Energy United States Department of Homeland
representatives of their sectors, not as DuPont Security
special government employees. Private Exelon Corporation United States Department of Housing and
sector members bear the cost of FedEx Corporation Urban Development
participating in the CIPAC. Greenville Water System United States Department of Interior
Meetings: The CIPAC may meet as a Independent Electricity System Operator, United States Department of Justice
whole or in any combination of Ontario, Canada United States Department of Labor
International Association of Fire Chiefs
subgroups that is most conducive to the United States Department of Transportation
International Dairy Foods Association
effective conduct of its activities Madden & Patton, LLC United States Department of the Treasury
including, without limitation, in groups National Cattleman’s Beef Association United States Environmental Protection
encompassing discrete sectors to National Food Processors Association Agency
address sector-specific issues and New Jersey Transit United States National Archives and Records
concerns (e.g., a meeting of the members New York City Department of Environmental Administration
of the Food and Agriculture Sector GCC Protection United States Securities and Exchange
with their counterpart owners and NiSource Pipelines Commission
operators from the sector’s SCC), or in Northwestern Hospital
[FR Doc. 06–2892 Filed 3–23–06; 8:45 am]
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Pacific Gas and Electric Co.


a small group with a single designated The Real Estate Roundtable BILLING CODE 4410–10–P
representative from each sector to Telecommunications Industry Association
address interdependencies and other U.S. Telecom Association
cross-sectoral issues. As independent United States Postal Service
bodies, meetings consisting solely of Valero Energy Corporation

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