Privacy Act of 1974; Implementation, 81454-81455 [2010-32165]

Download as PDF 81454 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations metal over time, and any other attribute or property material to consumers. Note to paragraph (b)(4): When using percentages to qualify platinum representations, marketers should convert the amount in parts per thousand to a percentage that is accurate to the first decimal place (e.g., 58.5% Platinum, 41.5% Cobalt). (c) * * * (5) An industry product consisting of at least 500 parts per thousand, but less than 850 parts per thousand, pure Platinum, and not consisting of at least 950 parts per thousand PGM, may be marked or stamped accurately, with a quality marking on the article, using parts per thousand and standard chemical abbreviations (e.g., 585 Pt., 415 Co.). By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2010–32273 Filed 12–27–10; 8:45 am] BILLING CODE 6750–01–P JOINT BOARD FOR ENROLLMENT OF ACTUARIES 20 CFR Part 903 Privacy Act of 1974; Implementation Joint Board for the Enrollment of Actuaries. ACTION: Direct final rule. AGENCY: In accordance with the requirements of the Privacy Act of 1974, as amended, the Joint Board for the Enrollment of Actuaries (Joint Board) is amending the requirements regarding access to records to revise the listing of the Joint Board’s systems of records for which the Joint Board has claimed exemptions, under section (k)(2) of the Privacy Act, from certain of the Privacy Act’s provisions, to revise language that incorrectly implies that the Joint Board has yet to seek such exemptions or that incorrectly implies that the Joint Board’s claims for exemption are still pending, and to correct internal references. DATES: This rule is March 28, 2011 without further action, unless adverse comment is received by January 27, 2011. If adverse comment is received, the Joint Board will publish a timely withdrawal of the rule in the Federal Register. srobinson on DSKHWCL6B1PROD with RULES SUMMARY: Comments should be sent to: Executive Director, Joint Board for the Enrollment of Actuaries, c/o Internal Revenue Service/Office of Professional Responsibility, SE:OPR, 1111 Constitution Avenue, NW., Washington, DC 20224. Comments will be available for inspection and copying in the IRS ADDRESSES: VerDate Mar<15>2010 18:14 Dec 27, 2010 Jkt 223001 Freedom of Information Reading Room (Room 1621) at the above address. The telephone number for the Reading Room is (202) 622–5164 (not a toll-free number). FOR FURTHER INFORMATION CONTACT: Earl Prater, Senior Counsel, Office of Professional Responsibility, at (202) 622–8018 (not a toll-free number). SUPPLEMENTARY INFORMATION: The Joint Board is proposing to simplify the administration of its Privacy Act systems of records by consolidating the current nine systems into three systems of records and to revise the data elements of consolidated systems of records notices so as to ensure that they accurately reflect the jurisdictional coverage and operational requirements of the Joint Board’s regulations, which are set out at 20 CFR parts 901 through 903. The Joint Board will publish separately in the Federal Register a notice proposing to consolidate and revise its Privacy Act systems of records. As described in the notice, the Joint Board proposes to consolidate its systems of records as follows: JBEA–2, Charge Case Inventory Files, will be renamed ‘‘Enrolled Actuary Disciplinary Records’’ and will consolidate all disciplinary-related records from that system and from the following systems— JBEA–4, Enrollment Files; JBEA–8, Suspension and Termination Files; and JBEA–9, Suspension and Termination Roster. JBEA–4, Enrollment Files, will be renamed ‘‘Enrolled Actuary Enrollment Records’’ and will consolidate all enrollment-related records from that system and from the following systems— JBEA–1, Application Files; JBEA–2, Charge Case Inventory Files; JBEA–3, Denied Applications; JBEA–5, Enrollment Roster; JBEA–7, General Information; JBEA–8, Suspension and Termination Files; and JBEA–9, Suspension and Termination Roster. JBEA–6, General Correspondence File, will be renamed ‘‘Correspondence and Miscellaneous Records.’’ The following systems of records will be deleted upon implementation of the consolidated and revised systems: JBEA–1, Application Files; JBEA–3, Denied Applications; JBEA–5, Enrollment Roster; JBEA–7, General Information; JBEA–8, Suspension and Termination Files; and JBEA–9, Suspension and Termination Roster. PO 00000 Frm 00084 Fmt 4700 Sfmt 4700 If a system of records contains investigative material compiled for law enforcement purposes, section (k)(2) of the Privacy Act permits the head of an agency to promulgate a rule to exempt a system of records from the Privacy Act’s provisions granting individuals certain rights with respect to the records that pertain to them, including the right to review and copy the records. As permitted by section (k)(2), the Joint Board published the following documents to exempt certain systems of records: On August 27, 1975 (40 FR 39387), the Joint Board published a proposed rule to exempt five systems of records, designating the rule as 20 CFR part 903. On September 30, 1975 (40 FR 45113), the Joint Board published its proposed Privacy Act regulations, designating such regulations as 20 CFR part 903, and in the same publication, the Joint Board republished its proposed rule to exempt five systems of records, redesignating the exempting rule as 20 CFR 903.8. On January 8, 1976 (41 FR 1493), the Joint Board published its final Privacy Act regulations as 20 CFR part 903 and in the same publication, the Joint Board published its final rule to exempt five systems of records, designating the exempting rule as 20 CFR 903.8. The systems of records for which the Joint Board has claimed exemptions are listed in 20 CFR 903.8(a) as follows: JBEA—Enrollment Files; JBEA—Application Files; JBEA—General Information; JBEA—Charge Case Inventory Files; and JBEA—Suspension and Termination Files. This direct final rule will amend 20 CFR 903.8 as follows: a. The exempt system currently listed as ‘‘JBEA—Charge Case Inventory Files’’ will be listed as ‘‘JBEA–2, Enrolled Actuary Disciplinary Records.’’ b. The exempt system currently listed as ‘‘JBEA—Enrollment Files’’ will be listed as ‘‘JBEA–4, Enrolled Actuary Enrollment Records.’’ c. The following systems will be deleted from the listing of exempt systems: JBEA—Application Files; JBEA—General Information; and JBEA—Suspension and Termination Files. d. Language such as ‘‘Exemption will be claimed’’ (§ 903.8(b)), which incorrectly implies that the Joint Board has yet to seek exemptions, and language such as the ‘‘the Joint Board seeks exemption’’ (§ 903.8(c)(2)(i), (ii), (iii), (iv), (v), and (vi)), which incorrectly implies that the Joint Board’s E:\FR\FM\28DER1.SGM 28DER1 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations claims for exemptions are still pending, will be revised. e. Internal references will be corrected. These regulations are being published as a direct final rule because the amendments do not impose any requirements on any member of the public. These amendments are the most efficient means for the Joint Board to implement its internal requirements for complying with the Privacy Act. Accordingly, pursuant to 5 U.S.C. 553(b)(3)(B), the Joint Board finds good cause that prior notice and other public procedures with respect to this rule are unnecessary, and good cause for making this direct final rule effective 90 days after publication in the Federal Register. Pursuant to Executive Order 12866, it has been determined that this direct final rule is not a significant regulatory action, and therefore, does not require a regulatory impact analysis. Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act, 5 U.S.C. 601–612, do not apply. List of Subjects in 20 CFR Part 903 Access to Records. Adoption of Amendments to the Regulations Accordingly, 20 CFR part 903 is amended as follows: ■ PART 903—ACCESS TO RECORDS 1. The authority citation for 20 CFR part 903 continues to read as follows: ■ Authority: 5 U.S.C. 552a. 2. Section 903.8, is amended by: a. Revising paragraph (a); b. Revising paragraph (b); c. Revising the last sentence of paragraph (c)(2)(i); ■ d. Revising the last sentence of paragraph (c)(2)(ii); ■ e. Amending paragraph (c)(2)(iii) by removing the reference ‘‘the preceding subparagraph (2)(B)’’ and by adding in its place, the reference ‘‘the preceding subsection (2)(ii)’’; ■ f. Revising the last sentence of paragraph (c)(2)(iii); ■ g. Amending paragraph (c)(2)(iv) by removing the reference ‘‘the preceding subparagraph (2)(B)’’ and by adding in its place the reference ‘‘the preceding subsection (2)(ii)’’; ■ g. Amending paragraph (c)(2)(iv) by removing the reference ‘‘afforded by subsections (c)(4)(G)’’ and by adding in its place the reference ‘‘afforded by subsections (e)(4)(G)’’; and ■ h. Revising the last sentence of paragraphs (c)(2)(iv), (c)(2)(v), and (c)(2)(vi). srobinson on DSKHWCL6B1PROD with RULES ■ ■ ■ ■ VerDate Mar<15>2010 18:14 Dec 27, 2010 Jkt 223001 The revisions read as follows: § 903.8 Exemptions. (a) Names of systems: JBEA–2, Enrolled Actuary Disciplinary Records; and JBEA–4, Enrolled Actuary Enrollment Records. (b) Provisions from which exempted: These systems contain records described in section (k)(2) of the Privacy Act of 1974, 5 U.S.C. 552a(k)(2). Exemptions are claimed for such records only where appropriate from the following provisions: sections (c)(3); (d); (e)(1); (e)(4)(G), (e)(4)(H), and (e)(4)(I); and (f) of 5 U.S.C. 552a. (c) * * * (2) * * * (i) * * * For these reasons, the Joint Board claims exemption from the requirements of subsection (c)(3) of the Act. (ii) * * * For these reasons, the Joint Board claims exemptions from the requirements of subsections (d)(1), (e)(4)(H), and (f)(2), (3), and (5) of the Act. (iii) * * * Therefore, the Joint Board claims exemptions from the requirements of subsections (d)(2), (3), and (4), (e)(4)(H), and (f)(4). (iv) * * * For these reasons, the Joint Board claims exemptions from the requirements of subsections (e)(4)(G) and (f)(1). (v) * * * For these reasons, the Joint Board claims exemption from the requirements of subsection (e)(1). (vi) * * * For these reasons, the Joint Board claims exemption from the requirements of subsection (e)(4)(I). Dated: November 4, 2010. Carolyn E. Zimmerman, Chair, Joint Board for the Enrollment of Actuaries. [FR Doc. 2010–32165 Filed 12–27–10; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 510 and 522 [Docket No. FDA–2010–N–0002] New Animal Drugs; Deslorelin AGENCY: Food and Drug Administration, HHS. ACTION: The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an original new animal drug application (NADA) filed by Thorn Frm 00085 Fmt 4700 Bioscience LLC. The NADA provides for the use of deslorelin acetate injectable suspension in mares for inducing ovulation. DATES: This rule is effective December 28, 2010. FOR FURTHER INFORMATION CONTACT: Amy L. Omer, Center for Veterinary Medicine (HFV–114), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240–276–8336, email: amy.omer@fda.hhs.gov. SUPPLEMENTARY INFORMATION: Thorn Bioscience LLC, 1044 East Chestnut St., Louisville, KY 40204, filed NADA 141– 319 that provides for use of SUCROMATE Equine (deslorelin acetate), an injectable suspension, in mares for inducing ovulation. The NADA is approved as of November 5, 2010, and the regulations are amended in 21 CFR 522.533 to reflect the approval. In addition, Thorn Bioscience LLC has not been previously listed in the animal drug regulations as a sponsor of an approved application. Accordingly, 21 CFR 510.600(c) is being amended to add entries for this firm. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. The Agency has determined under 21 CFR 25.33 that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for 3 years of marketing exclusivity beginning on the date of approval. This rule does not meet the definition of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because it is a rule of ‘‘particular applicability.’’ Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801–808. List of Subjects Final rule. SUMMARY: PO 00000 81455 Sfmt 4700 21 CFR Part 510 Administrative practice and procedure, Animal drugs, Labeling, Reporting and recordkeeping requirements. E:\FR\FM\28DER1.SGM 28DER1

Agencies

[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81454-81455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32165]


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JOINT BOARD FOR ENROLLMENT OF ACTUARIES

20 CFR Part 903


Privacy Act of 1974; Implementation

AGENCY: Joint Board for the Enrollment of Actuaries.

ACTION: Direct final rule.

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

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the Joint Board for the Enrollment of Actuaries 
(Joint Board) is amending the requirements regarding access to records 
to revise the listing of the Joint Board's systems of records for which 
the Joint Board has claimed exemptions, under section (k)(2) of the 
Privacy Act, from certain of the Privacy Act's provisions, to revise 
language that incorrectly implies that the Joint Board has yet to seek 
such exemptions or that incorrectly implies that the Joint Board's 
claims for exemption are still pending, and to correct internal 
references.

DATES: This rule is March 28, 2011 without further action, unless 
adverse comment is received by January 27, 2011. If adverse comment is 
received, the Joint Board will publish a timely withdrawal of the rule 
in the Federal Register.

ADDRESSES: Comments should be sent to: Executive Director, Joint Board 
for the Enrollment of Actuaries, c/o Internal Revenue Service/Office of 
Professional Responsibility, SE:OPR, 1111 Constitution Avenue, NW., 
Washington, DC 20224. Comments will be available for inspection and 
copying in the IRS Freedom of Information Reading Room (Room 1621) at 
the above address. The telephone number for the Reading Room is (202) 
622-5164 (not a toll-free number).

FOR FURTHER INFORMATION CONTACT: Earl Prater, Senior Counsel, Office of 
Professional Responsibility, at (202) 622-8018 (not a toll-free 
number).

SUPPLEMENTARY INFORMATION: The Joint Board is proposing to simplify the 
administration of its Privacy Act systems of records by consolidating 
the current nine systems into three systems of records and to revise 
the data elements of consolidated systems of records notices so as to 
ensure that they accurately reflect the jurisdictional coverage and 
operational requirements of the Joint Board's regulations, which are 
set out at 20 CFR parts 901 through 903.
    The Joint Board will publish separately in the Federal Register a 
notice proposing to consolidate and revise its Privacy Act systems of 
records. As described in the notice, the Joint Board proposes to 
consolidate its systems of records as follows:
    JBEA-2, Charge Case Inventory Files, will be renamed ``Enrolled 
Actuary Disciplinary Records'' and will consolidate all disciplinary-
related records from that system and from the following systems--
    JBEA-4, Enrollment Files;
    JBEA-8, Suspension and Termination Files; and
    JBEA-9, Suspension and Termination Roster.
    JBEA-4, Enrollment Files, will be renamed ``Enrolled Actuary 
Enrollment Records'' and will consolidate all enrollment-related 
records from that system and from the following systems--
    JBEA-1, Application Files;
    JBEA-2, Charge Case Inventory Files;
    JBEA-3, Denied Applications;
    JBEA-5, Enrollment Roster;
    JBEA-7, General Information;
    JBEA-8, Suspension and Termination Files; and
    JBEA-9, Suspension and Termination Roster.
    JBEA-6, General Correspondence File, will be renamed 
``Correspondence and Miscellaneous Records.''
    The following systems of records will be deleted upon 
implementation of the consolidated and revised systems:
    JBEA-1, Application Files;
    JBEA-3, Denied Applications;
    JBEA-5, Enrollment Roster;
    JBEA-7, General Information;
    JBEA-8, Suspension and Termination Files; and
    JBEA-9, Suspension and Termination Roster.
    If a system of records contains investigative material compiled for 
law enforcement purposes, section (k)(2) of the Privacy Act permits the 
head of an agency to promulgate a rule to exempt a system of records 
from the Privacy Act's provisions granting individuals certain rights 
with respect to the records that pertain to them, including the right 
to review and copy the records. As permitted by section (k)(2), the 
Joint Board published the following documents to exempt certain systems 
of records:
    On August 27, 1975 (40 FR 39387), the Joint Board published a 
proposed rule to exempt five systems of records, designating the rule 
as 20 CFR part 903.
    On September 30, 1975 (40 FR 45113), the Joint Board published its 
proposed Privacy Act regulations, designating such regulations as 20 
CFR part 903, and in the same publication, the Joint Board republished 
its proposed rule to exempt five systems of records, redesignating the 
exempting rule as 20 CFR 903.8.
    On January 8, 1976 (41 FR 1493), the Joint Board published its 
final Privacy Act regulations as 20 CFR part 903 and in the same 
publication, the Joint Board published its final rule to exempt five 
systems of records, designating the exempting rule as 20 CFR 903.8.
    The systems of records for which the Joint Board has claimed 
exemptions are listed in 20 CFR 903.8(a) as follows:
    JBEA--Enrollment Files;
    JBEA--Application Files;
    JBEA--General Information;
    JBEA--Charge Case Inventory Files; and
    JBEA--Suspension and Termination Files.
    This direct final rule will amend 20 CFR 903.8 as follows:
    a. The exempt system currently listed as ``JBEA--Charge Case 
Inventory Files'' will be listed as ``JBEA-2, Enrolled Actuary 
Disciplinary Records.''
    b. The exempt system currently listed as ``JBEA--Enrollment Files'' 
will be listed as ``JBEA-4, Enrolled Actuary Enrollment Records.''
    c. The following systems will be deleted from the listing of exempt 
systems:
    JBEA--Application Files;
    JBEA--General Information; and
    JBEA--Suspension and Termination Files.
    d. Language such as ``Exemption will be claimed'' (Sec.  903.8(b)), 
which incorrectly implies that the Joint Board has yet to seek 
exemptions, and language such as the ``the Joint Board seeks 
exemption'' (Sec.  903.8(c)(2)(i), (ii), (iii), (iv), (v), and (vi)), 
which incorrectly implies that the Joint Board's

[[Page 81455]]

claims for exemptions are still pending, will be revised.
    e. Internal references will be corrected.
    These regulations are being published as a direct final rule 
because the amendments do not impose any requirements on any member of 
the public. These amendments are the most efficient means for the Joint 
Board to implement its internal requirements for complying with the 
Privacy Act.
    Accordingly, pursuant to 5 U.S.C. 553(b)(3)(B), the Joint Board 
finds good cause that prior notice and other public procedures with 
respect to this rule are unnecessary, and good cause for making this 
direct final rule effective 90 days after publication in the Federal 
Register.
    Pursuant to Executive Order 12866, it has been determined that this 
direct final rule is not a significant regulatory action, and 
therefore, does not require a regulatory impact analysis.
    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act, 5 U.S.C. 601-612, do not 
apply.

List of Subjects in 20 CFR Part 903

    Access to Records.

Adoption of Amendments to the Regulations

0
Accordingly, 20 CFR part 903 is amended as follows:

PART 903--ACCESS TO RECORDS

0
1. The authority citation for 20 CFR part 903 continues to read as 
follows:

    Authority: 5 U.S.C. 552a.

0
2. Section 903.8, is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (b);
0
c. Revising the last sentence of paragraph (c)(2)(i);
0
d. Revising the last sentence of paragraph (c)(2)(ii);
0
e. Amending paragraph (c)(2)(iii) by removing the reference ``the 
preceding subparagraph (2)(B)'' and by adding in its place, the 
reference ``the preceding subsection (2)(ii)'';
0
f. Revising the last sentence of paragraph (c)(2)(iii);
0
g. Amending paragraph (c)(2)(iv) by removing the reference ``the 
preceding subparagraph (2)(B)'' and by adding in its place the 
reference ``the preceding subsection (2)(ii)'';
0
g. Amending paragraph (c)(2)(iv) by removing the reference ``afforded 
by subsections (c)(4)(G)'' and by adding in its place the reference 
``afforded by subsections (e)(4)(G)''; and
0
h. Revising the last sentence of paragraphs (c)(2)(iv), (c)(2)(v), and 
(c)(2)(vi).
    The revisions read as follows:


Sec.  903.8  Exemptions.

    (a) Names of systems: JBEA-2, Enrolled Actuary Disciplinary 
Records; and JBEA-4, Enrolled Actuary Enrollment Records.
    (b) Provisions from which exempted: These systems contain records 
described in section (k)(2) of the Privacy Act of 1974, 5 U.S.C. 
552a(k)(2). Exemptions are claimed for such records only where 
appropriate from the following provisions: sections (c)(3); (d); 
(e)(1); (e)(4)(G), (e)(4)(H), and (e)(4)(I); and (f) of 5 U.S.C. 552a.
    (c) * * *
    (2) * * *
    (i) * * * For these reasons, the Joint Board claims exemption from 
the requirements of subsection (c)(3) of the Act.
    (ii) * * * For these reasons, the Joint Board claims exemptions 
from the requirements of subsections (d)(1), (e)(4)(H), and (f)(2), 
(3), and (5) of the Act.
    (iii) * * * Therefore, the Joint Board claims exemptions from the 
requirements of subsections (d)(2), (3), and (4), (e)(4)(H), and 
(f)(4).
    (iv) * * * For these reasons, the Joint Board claims exemptions 
from the requirements of subsections (e)(4)(G) and (f)(1).
    (v) * * * For these reasons, the Joint Board claims exemption from 
the requirements of subsection (e)(1).
    (vi) * * * For these reasons, the Joint Board claims exemption from 
the requirements of subsection (e)(4)(I).

     Dated: November 4, 2010.
Carolyn E. Zimmerman,
Chair, Joint Board for the Enrollment of Actuaries.
[FR Doc. 2010-32165 Filed 12-27-10; 8:45 am]
BILLING CODE 4830-01-P