Data Breaches, 19747-19748 [E8-7726]

Download as PDF ebenthall on PRODPC61 with RULES Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Rules and Regulations a.m. and 3 p.m., Monday through Friday, except Federal holidays, telephone number (212) 668–7165. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First Coast Guard District, at (212) 668–7165. SUPPLEMENTARY INFORMATION: The Washington Street S136 Bridge, across the Norwalk River, mile 0.0, at Norwalk, Connecticut, has a vertical clearance in the closed position of 9 feet at mean high water and 16 feet at mean low water. The existing regulations are listed at 33 CFR 117.217(a). The owner of the bridge, Connecticut Department of Transportation, requested a temporary deviation to facilitate scheduled structural maintenance and painting at the bridge. In order to perform the structural and bridge painting operations, one of the two moveable spans must remain in the closed position in order to erect paint containment and perform the required bridge maintenance. We issued a temporary deviation (USCG–2007–0185; 73 FR 1273, Jan. 8, 2008) authorizing single leaf operation for bridge painting effective from January 2, 2008 through March 31, 2008. On March 13, 2008, the bridge owner requested that the single leaf operation for bridge painting continue through the end of April 2008, to allow completion of this project. Under this second temporary deviation the Washington Street S136 Bridge across the Norwalk River, mile 0.0, at Norwalk, Connecticut, need open only one of the two moveable spans for bridge openings from April 1, 2008 through April 30, 2008. Vessels requiring a full two-span bridge opening may do so provided that they give at least a twelve-hour advance notice to the bridge operator by calling (203) 866– 7691. Should the bridge maintenance authorized by this temporary deviation be completed before the end of the effective period published in this notice, the Coast Guard will rescind the remainder of this temporary deviation, and the bridge shall be returned to its normal operating schedule. Notice of the above action shall be provided to the public in the Local Notice to Mariners and the Federal Register, where practicable. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. VerDate Aug<31>2005 15:23 Apr 10, 2008 Jkt 214001 Dated: April 1, 2008. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E8–7675 Filed 4–10–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 75 RIN 2900–AM63 Data Breaches Department of Veterans Affairs. Final rule. AGENCY: ACTION: SUMMARY: This document adopts, without change, the interim final rule that was published in the Federal Register on June 22, 2007, addressing data breaches of sensitive personal information that is processed or maintained by the Department of Veterans Affairs (VA). This final rule implements certain provisions of the Veterans Benefits, Health Care, and Information Technology Act of 2006. The regulations prescribe the mechanisms for taking action in response to a data breach of sensitive personal information. DATES: Effective Date: April 11, 2008. FOR FURTHER INFORMATION CONTACT: Jonelle Lewis, Office of Information Protection and Risk Management (005R), U.S. Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Telephone: (202) 461–6400. This is not a toll-free number. On June 22, 2007, VA published an interim final rule in the Federal Register (72 FR 34395). The interim final rule addressed data breaches of sensitive personal information that is processed or maintained by VA. This final rule implements 38 U.S.C. 5724 and 5727, which were enacted as part of Title IX of Public Law 109–461, the Veterans Benefits, Health Care, and Information Technology Act of 2006. We provided a 60-day comment period that ended August 21, 2007. We received no comments. Based on the rationale set forth in the interim final rule, we adopt the provisions of the interim final rule as a final rule without any changes. SUPPLEMENTARY INFORMATION: Administrative Procedure Act This document, without change, affirms the amendment made by the interim final rule that is already in effect. The Secretary of Veterans Affairs PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 19747 concluded that, under 5 U.S.C. 553, there was good cause to dispense with the opportunity for prior comment with respect to this rule. The Secretary found that it was unnecessary to delay this regulation for the purpose of soliciting prior public comment based on the statutory mandate in 38 U.S.C. 5724 to publish the amendment as an interim final rule. Nevertheless, the Secretary invited public comment on the interim final rule but did not receive any comments. Executive Order 12866 Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The Executive Order classifies a ‘‘significant regulatory action,’’ requiring review by the Office of Management and Budget (OMB), as any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. The economic, interagency, budgetary, legal, and policy implications of this rule have been examined and it has been determined to be a significant regulatory action under the Executive Order because it is likely to result in a rule that may raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any E:\FR\FM\11APR1.SGM 11APR1 19748 Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Rules and Regulations Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. given year. This rule would have no such effect on State, local, and tribal governments or the private sector. Paperwork Reduction Act This document contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521). Regulatory Flexibility Act The provisions of the Regulatory Flexibility Act (5 U.S.C. 601–612) do not apply to this interim final rule because the provisions of 38 U.S.C. 5724 require that this document be promulgated as an interim final rule, and, consequently, a notice of proposed rulemaking was not required for the rule. 5 U.S.C. 603–604. Catalog of Federal Domestic Assistance Numbers There are no Catalog of Federal Domestic Assistance numbers and titles for this rule. List of Subjects in 38 CFR Part 75 Administrative practice and procedure, Credit monitoring, Data breach, Data breach analysis, Data mining, Fraud alerts, Identity theft insurance, Information, Notification, Risk analysis, Security measures. Approved: April 4, 2008. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. PART 75—INFORMATION SECURITY MATTERS Accordingly, the interim final rule establishing 38 CFR part 75 that was published in the Federal Register at 72 FR 34395 on June 22, 2007, is adopted as a final rule without changes. [FR Doc. E8–7726 Filed 4–10–08; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673–8011–02] RIN 0648–XH13 ebenthall on PRODPC61 with RULES Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Aug<31>2005 15:23 Apr 10, 2008 Jkt 214001 SUMMARY: NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (< 18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the B season apportionment of the 2008 total allowable catch (TAC) of Pacific cod to be harvested. DATES: Effective April 10, 2008, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2008 Pacific cod TAC specified for vessels using jig gear in the BSAI is 81 metric tons (mt) for the A season and 427 mt for the B season as established by the 2008 and 2009 final harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008) and reallocation (73 FR 11562, March 4, 2008). The Administrator, Alaska Region, NMFS, has determined that jig vessels will not be able to harvest 400 mt of the B season apportionment of the 2008 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(1). Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS apportions 400 mt of Pacific cod from the B season jig gear apportionment to catcher vessels < 60 feet (18.3 m) LOA using pot or hook-and-line gear. The harvest specifications for Pacific cod included in the harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008) are revised as follows: 108 mt to the B season apportionment for vessels using jig gear and 4,633 mt to catcher vessels < 60 feet (18.3 m) LOA using pot or hook-and-line gear. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of Pacific cod specified from jig vessels to catcher vessels < 60 feet (18.3 m) LOA using pot or hook-and-line gear. Since the fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of April 4, 2008. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 7 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–7801 Filed 4–10–08; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\11APR1.SGM 11APR1

Agencies

[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Rules and Regulations]
[Pages 19747-19748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7726]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 75

RIN 2900-AM63


Data Breaches

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document adopts, without change, the interim final rule 
that was published in the Federal Register on June 22, 2007, addressing 
data breaches of sensitive personal information that is processed or 
maintained by the Department of Veterans Affairs (VA). This final rule 
implements certain provisions of the Veterans Benefits, Health Care, 
and Information Technology Act of 2006. The regulations prescribe the 
mechanisms for taking action in response to a data breach of sensitive 
personal information.

DATES: Effective Date: April 11, 2008.

FOR FURTHER INFORMATION CONTACT: Jonelle Lewis, Office of Information 
Protection and Risk Management (005R), U.S. Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Telephone: 
(202) 461-6400. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: On June 22, 2007, VA published an interim 
final rule in the Federal Register (72 FR 34395). The interim final 
rule addressed data breaches of sensitive personal information that is 
processed or maintained by VA. This final rule implements 38 U.S.C. 
5724 and 5727, which were enacted as part of Title IX of Public Law 
109-461, the Veterans Benefits, Health Care, and Information Technology 
Act of 2006.
    We provided a 60-day comment period that ended August 21, 2007. We 
received no comments. Based on the rationale set forth in the interim 
final rule, we adopt the provisions of the interim final rule as a 
final rule without any changes.

Administrative Procedure Act

    This document, without change, affirms the amendment made by the 
interim final rule that is already in effect. The Secretary of Veterans 
Affairs concluded that, under 5 U.S.C. 553, there was good cause to 
dispense with the opportunity for prior comment with respect to this 
rule. The Secretary found that it was unnecessary to delay this 
regulation for the purpose of soliciting prior public comment based on 
the statutory mandate in 38 U.S.C. 5724 to publish the amendment as an 
interim final rule. Nevertheless, the Secretary invited public comment 
on the interim final rule but did not receive any comments.

Executive Order 12866

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by the Office of Management and Budget (OMB), as any regulatory action 
that is likely to result in a rule that may: (1) Have an annual effect 
on the economy of $100 million or more or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; (2) create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; (3) materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or (4) raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the Executive Order.
    The economic, interagency, budgetary, legal, and policy 
implications of this rule have been examined and it has been determined 
to be a significant regulatory action under the Executive Order because 
it is likely to result in a rule that may raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the Executive Order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any

[[Page 19748]]

given year. This rule would have no such effect on State, local, and 
tribal governments or the private sector.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act (5 U.S.C. 601-612) 
do not apply to this interim final rule because the provisions of 38 
U.S.C. 5724 require that this document be promulgated as an interim 
final rule, and, consequently, a notice of proposed rulemaking was not 
required for the rule. 5 U.S.C. 603-604.

Catalog of Federal Domestic Assistance Numbers

    There are no Catalog of Federal Domestic Assistance numbers and 
titles for this rule.

List of Subjects in 38 CFR Part 75

    Administrative practice and procedure, Credit monitoring, Data 
breach, Data breach analysis, Data mining, Fraud alerts, Identity theft 
insurance, Information, Notification, Risk analysis, Security measures.

    Approved: April 4, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

PART 75--INFORMATION SECURITY MATTERS

    Accordingly, the interim final rule establishing 38 CFR part 75 
that was published in the Federal Register at 72 FR 34395 on June 22, 
2007, is adopted as a final rule without changes.

[FR Doc. E8-7726 Filed 4-10-08; 8:45 am]
BILLING CODE 8320-01-P
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